INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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ACTS OF SIXTIETH CONGRESS— SECOND SESSION, 1909.
CHAP. 76 | CHAP. 126 | CHAP. 138 | CHAP. 145 | CHAP. 147 | CHAP. 178 | CHAP. 197 | CHAP. 253 | CHAP. 256 | CHAP. 263 | CHAP. 298 | CHAP. 321 | J. R. No. 18 | J. R. No. 19

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Chapter 253
Sections 2 | 3 | 4 | 5

Margin Notes
Chap. 253 Quapaw Indian Agency, Okla. Alienation restrictions removed from lands of Indians of.
    35 Stat., 752.
Chap. 253 Homesteads retained.
Chap. 253 Proviso. Modocs excepted.
Sec. 2 Tribal and agency lands, etc., to be sold.
Sec. 2 Reversion of agency, etc., lands.
Sec. 3 Net proceeds pro rata to Indians.
Sec. 4 Patents in fee to religious societies.
Sec. 5 Modocs. Transferred to Klamath Agency, Oreg.
Sec. 5 Allotments, etc.
Sec. 5 Provisos. Sale of allotments in Oklahoma
Sec. 5 Leases permitted.

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Chapter 253
    Mar. 3, 1909. [H. R. 16743.] | [Public, No. 306.] 35 Stat., 751.
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An act for the removal of the restrictions on alienation of lands of allottees of the Quapaw Agency, Oklahoma, and the sale of all tribal lands, school, agency, or other buildings on any of the reservations within the jurisdiction of such agency, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby authorized, upon application of any adult member of either of the tribes of Indians belonging to the Quapaw Indian Agency in the State of Oklahoma, to remove the restrictions on any part of or all of the lands allotted to such applicant, and permit a sale under such terms and conditions as he may deem for the best interests of the applicant, excepting a tract of not less than forty acres, which shall be designated and held as a homestead: Provided, That this section does not apply to the Modocs.

SEC. 2

That the Secretary of the Interior be, and he is hereby, authorized to sell all or any of the tribal lands within the jurisdiction of the Quapaw Agency, and all agency, school, or other Government buildings on any reservation within the jurisdiction of said agency, at public auction or by sealed bids, under such regulations as he may prescribe; and he is hereby authorized to convey all lands so sold to the purchaser thereof by patents in fee. And all lands within such agency which have heretofore been reserved for agency, school, or other purposes shall, on approval of this act, revert to the tribe within whose reservation the lands are located and be sold as tribal lands as herein provided.

SEC. 3

That after the sale of all such lands as provided herein, the net proceeds of such sale, together with all funds belonging to such tribes from whatever source derived, shall be apportioned and paid pro rata, under direction of the Secretary of the Interior, to the members of each of the respective tribes, in such manner as he shall prescribe.

SEC. 4

That the Secretary of the Interior is hereby authorized and directed to issue patents in fee to all religious societies and organizations, severally, for the lands occupied by them within any of such reservations and heretofore reserved to such societies, as shown on approved schedules of allotments.

SEC. 5

That the Secretary of the Interior be, and he is hereby, authorized and directed to restore to the rolls of the Klamath Agency, in Oregon, those Modoc Indians now enrolled at the Quapaw Agency, in Oklahoma, formerly Indian Territory, together with their descendants living at the date of the passage of this act, and that upon the removal of any of said Indians to the Klamath Reserva-

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tion, in Oregon, they shall be allotted as other Indians on said reservation, and that upon the passage of this act they be accorded all the rights and privileges of other Indians enrolled at the Klamath Agency: Provided, That for the purposes of such removal the Secretary of the Interior be, and he is hereby, upon application of any allottee, authorized to sell, under such rules and regulations as he may prescribe, all lands inherited and otherwise heretofore allotted to the members of said tribe in Oklahoma, and he is authorized to issue a patent in fee simple to the purchaser or purchasers of said lands, and all restrictions as to the sale, incumbrance, and taxation of said land shall thereupon be removed: Provided further, That if any member of the Modoc tribe of Indians prefers not to have his or her land sold, such allottee may lease his or her land in Oklahoma for a period of not to exceed five years, the parent or next of kin having the care and custody of any minor executing the lease for such minor.

Approved, March 3, 1909.


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