Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.
|Chap. 434||Frances Kelly. Homestead patent issued to, in lieu of land covered by Indian allotment.|
|Chap. 434||Proviso. Alternative canceling of trust patents, etc.|
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 hereby is, authorized in his discretion to issue patent to Frances Kelly for one hundred and sixty acres of nonmineral unreserved public lands of the United States within the State of Idaho, in lieu of lands described as follows: The west half of the east half of the east half of the northwest quarter and the west half of the east half of the northwest quarter, of section thirty-two, township thirty-five north, range two east, Boise meridian, for which patent was issued her upon her final homestead certificate, but which it subsequently appeared was partly included in the land patented under Indian allotments numbered eleven hundred and thirty-three and eleven hundred and thirty-four, in the Nez Perces Indian Reservation: Provided, however, That the Secretary of the Interior shall have alternative authority to cancel the trust patents issued for said Nez Perce Indian allotments numbered eleven hundred and thirty-three and eleven hundred and thirty-four, and to issue in lieu thereof new trust patents, subject to the conditions contained in the original trust patents as extended, eliminating only the west ten acres of each of said allotments in conflict with the homestead patent to Mrs. Kelly; to determine damages and compensate the heirs for such loss in an amount not to exceed in all $1,000. To enable the Secretary of the Interior to carry out the provisions of this Act there is hereby appropriated, out of any moneys in the United States Treasury not otherwise appropriated, $1,000.
Approved, September 22, 1922.