INDIAN AFFAIRS: LAWS AND TREATIES

Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.


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Acts of the Sixty-Third Congress—Second Session, 1914
Chap. 46  | Chap. 52 | Chap. 102 | Chap. 141 | Chap. 143 | Chap. 192 | Chap. 215 | Chap. 222 | Chap. 223 | Chap. 224  | Chap. 269

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Chapter 224
August 3, 1914. | [H. R. 4988.] 38 Stat., 681.

An Act To provide for the disposal of certain lands in the Fort Berthold Indian Reservation, North Dakota.
Section 2 | 3 | 4

Margin Notes
Chap. 224 Fort Berthold Indian Reservation, N. Dak. Disposal of reserved coal lands in.
36 Stat., 455, vol. 3, 462.
Chap. 224 Proviso. Patents subject to coal reservation.
Chap. 224 Right to disprove classification.
Sec. 2 Disposal of coal deposits.
Sec. 2 Entry for prospecting, etc.
Sec. 2 Damages to surface owners by miners.
Sec. 2 Proviso. Mining for domestic use.
Sec. 3 Commission to appraise unallotted coal lands.
Sec. 3 Classification, appraisement, etc.
Sec. 3 Compensation.
Sec. 4 Appropriation for expenses.
Sec. 4 Proviso. Repayment from proceeds.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the lands in the Fort Berthold Indian Reservation, North Dakota, which on account of their containing coal were reserved from allotment and other disposition under the Act of June first, nineteen hundred and ten, entitled “An Act to authorize the survey and allotment of lands embraced within the limits of the Fort Berthold Indian Reservation, in the State of North Dakota, and the sale and disposition of a portion of the surplus lands after allotment, and making appropriation and provision to carry the same into effect,” shall be subject to disposal under the provisions of said Act: Provided, That patents issued for such lands shall contain a reservation to the United States of any coal that such lands may contain, to be held in trust for the Indians belonging to and having tribal rights on the Fort Berthold Indian Reservation, but any entryman shall have the right at any time before making final proof of his entry, or at the time of making such final proof, to a hearing for the purpose of disproving the classification as coal land of the land embraced in his entry, and if such land is shown not to be coal land a patent without reservation shall issue.

SEC. 2.

That the coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of of the coal-land laws in force at the time of such disposal, and the proceeds arising from the disposal of such coal deposits or from the leasing or working thereof shall be deposited in the Treasury of the United States and shall be applied in the same manner as the proceeds derived from the disposition of the lands embraced in the Fort Berthold Indian Reservation. Any person qualified to acquire coal deposits or the right to mine and remove the coal under the laws of the United States shall have the right at all times to enter upon the lands selected, entered, or patented, as provided by this Act, for the purpose of prospecting for coal thereon, upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and

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improvements on such lands by reason of such prospecting. Any person who has acquired from the United States the coal deposits in any such land, or the right to mine or remove the same, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining and removal of the coal therefrom, and mine. and remove the coal, upon payment of the damages caused thereby to the owner thereof or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and fix said damages: Provided, That the entryman or the owner under such limited patent shall have the right to mine coal for use upon the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits.1

SEC. 3.

That the President of the United States shall appoint a commission consisting of three persons to inspect, classify, appraise, and value all of the lands described in section one, of this Act that shall not have been allotted in severalty to said Indians, said commission to be constituted as follows: One of the commissioners shall be a person holding tribal relations with said Indians, one a representative of the Interior Department, and one a resident citizen of the State of North Dakota. That within twenty days after their appointment said commissioners shall meet and organize by the election of one of their number as chairman. The said commissioners shall then proceed to personally inspect and classify and appraise, in one-hundred-and-sixty-acre tracts, all of the remaining lands described in section one of this Act except section sixteen and section thirty-six under such rules and regulations as the Secretary of the Interior may prescribe. In making such classification and appraisement said lands shall, without regard to the coal they may contain, be divided into the following classes: First, agricultural land of the first class; second, agricultural land of the second class; third, grazing land; fourth, timberland. That said commissioners shall be paid a salary of not to exceed $10 per day each while actually employed in the inspection and classification of said lands and necessary expenses, exclusive of subsistence, to be approved by the Secretary of the Interior, such inspection and classification to be completed within six months from the date of the organization of said commission.

SEC. 4.

That for the purpose of carrying into effect, the provisions of this Act the sum of $10,000, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated: Provided, That the said appropriation shall be reimbursed to the United States from the proceeds received from the sale of the lands described herein or from any money in the Treasury belonging to the Indians of Fort Berthold Indian Reservation, North Dakota.

Approved, August 3, 1914.


144 L. O. D., 384; 48 L. O. D., 354.


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