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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PUBLIC ACTS OF THE SIXTY-SIXTH CONGRESS, THIRD SESSION 1920-21.
Chap. 11 | Chap. 36 | Chap. 63 | Chap. 64 | Chap. 66 | Chap. 89 | Chap. 91 | Chap. 111 | Chap. 119 | Chap. 120 | Chap. 124 | Chap. 135 | Chap. 155 | Chap. 161 | Chap. 174

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Chapter 111
March 2, 1921. | [H. R. 517.] 41 Stat., 1204.

An Act Amending an Act to provide for drainage of Indian allotments of the Five Civilized Tribes, approved March 27, 1914 (Thirty-eighth Statutes, 310, Public, Numbered 77).

Margin Notes
Chap. 111 Five Civilized Tribes, Okla.
38 Stat., 310, amended; ante, 1.
Chap. 111 Drainage assessments against lands of allottees may be paid from tribal funds.
Chap. 111 Pro rata share to be charged.
Chap. 111 Provisos. Review of assessment.
Chap. 111 Payment.
Chap. 111 Maximum, etc., omitted. Legal rights not impaired.
Chap. 111 Passage by the House of Representatives.
Chap. 111 Passage by the Senate.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Public Act Numbered 77 (Thirty-eighth Statutes, 310), approved March 27, 1914, an Act to provide for drainage of Indian allotments of the Five Civilized Tribes, be and is hereby amended so as to read as follows:

"That whenever a drainage district is organized in any county in the Five Civilized Tribes of the State of Oklahoma, under the laws of that State, for the purpose of draining the lands within such district, the Secretary of the Interior is authorized, in his discretion, to pay from the funds or moneys arising from any source under his control or under the control of the United States, and which would be prorated to such allottee, the assessment for drainage purposes against any Indian allottee or upon the lands of any allottee who is not subject to taxation, or whose lands are exempt from taxation or from assessment for taxation under the treaties or agreements with the tribes to which such allottee may belong, or under any Act of Congress; and such amount so paid out shall be charged against such allottee’s pro rata share of any funds to his credit under the control of the Secretary of the Interior: Provided, That the Secretary of the Interior, before paying out such funds, shall designate some person with a knowledge of the subject of drainage, to review the schedules of assessment against each tract of land and to review the land assessed to ascertain whether such Indian allottee, or his lands not subject to taxation, have been assessed more than their pro rata share as compared with other lands located in said district similarly situated and deriving like benefits. And if such Indian lands have been assessed justly when compared with other assessments, then, in that event, said funds shall be paid to the proper county in which said drainage district may be organized, or, in the option of the Secretary of the Interior to the construction company or bondholder shown to be entitled to the funds arising from such assessment: Provided further, That nothing in this Act shall be so construed as to deprive any allottee of any right which he might otherwise have individually to apply to the courts for the purpose of having his rights adjudicated."

F H GILLETT
Speaker of the House of Representatives.
THOS. R. MARSHALL
Vice President of the United States and President of the Senate.


IN THE HOUSE OF REPRESENTATIVES,
February 24, 1921.

The President of the United States having returned to the House of Representatives, in which it originated, the bill (H. R. 517) entitled "An Act amending an Act to provide for drainage of Indian allotments of the Five Civilized Tribes, approved March 27, 1914 Thirty-eighth Statutes, 310, Public, Numbered 77)," with his objections thereto, the House proceeded in pursuance of the Constitution to reconsider the same; and

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Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same.

Attest: WM. TYLER PAGE
Clerk.

IN THE SENATE OF THE UNITED STATES.
February 24, (calendar day, March 2), 1921.

The Senate having proceeded to reconsider the bill (H. R. 517) "An Act amending an Act to provide for drainage of Indian allotments of the Five Civilized Tribes, approved March 27, 1914 (Thirty-eighth Statutes, 310, Public, numbered 77)," returned by the President of the United States to the House of Representatives, in which it originated, with his objections, and passed by the House on a reconsideration of the same, it was

RESOLVED, That the bill pass, two-thirds of the Senators present having voted in the affirmative.

Attest: GEORGE A. SANDERSON
Secretary.


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