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-EIGHTH CONGRESS, SECOND SESSION, 1924-25.
Chap. 4 | Chap. 5 | Chap. 28 | Chap. 29 | Chap. 34 | Chap. 36 | Chap. 58 | Chap. 59 | Chap. 85 | Chap. 101 | Chap. 108 | Chap. 109 | Chap. 114 | Chap. 117 | Chap. 148 | Chap. 161 | Chap. 163 | Chap. 164 | Chap. 166 | Chap. 168 | Chap. 169 | Chap. 214 | Chap. 273 | Chap. 280 | Chap. 326 | Chap. 356 | Chap. 359 | Chap. 365 | Chap. 394 | Chap. 414 | Chap. 415 | Chap. 431 | Chap. 432 | Chap. 433 | Chap. 459 | Chap. 462 | Chap. 464 | Chap. 468 | Chap. 533 | Chap. 550 | Chap. 556

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Chapter 34
January 7, 1925. | [H. R. 6541.] 43 Stat., 726.

An Act To amend an Act entitled “An Act to provide for the disposal of the unallotted lands on the Omaha Indian Reservation, in the State of Nebraska.”
Section 2 | 3 | 4 | 5

Margin Notes
Chap. 34 Omaha Indian Reservation, Nebr.
37 Stat.,111, amended, vol. 3, 521.
Chap. 34 Disposal of unallotted lands on.
Chap. 34 Proviso. Sales to highest bidder.
Chap. 34 Reservation of underground mineral rights.
Sec. 2 Lands reserved from sale.
Sec. 2 For agency, school, and cemetery.
Sec. 2 Proviso. For Presbyterian Church.
Sec. 2 For tribal fairgrounds, etc.
Sec. 3 Pro rata division of net proceeds.
Sec. 3 22 Stat., 341, vol. 1, 212; 23 Stat., 630, vol.1, 485.
Expenditure.
Sec. 3 Interest.
Sec. 3 Payment to heirs of deceased Indians.
Sec. 4 Amount authorized or expenses.
Sec. 5 Sale, etc., not operative while agency and school maintained.

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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 Act approved May 11, 1912 (Thirty-seventh Statutes at Large, page 111), entitled "An Act to provide for the disposal of the unallotted land on the Omaha Indian Reservation, in the State of Nebraska," is hereby amended by striking out all after the enacting clause and inserting the following:

"That the Secretary of the Interior be, and he is hereby, authorized to cause to be surveyed, if necessary, and appraised in such manner as he may direct, in tracts of forty acres each, or as nearly thereto as the Secretary may deem practicable, and after such survey and appraisement to sell and convey in quantities not to exceed one hundred and sixty acres to any one purchaser, all the unallotted lands on the Omaha Indian Reservation in the State of Nebraska except such tracts as are hereinafter specifically reserved: Provided, That the said land shall be sold to the highest bidder under such regulations as the Secretary of the Interior may prescribe, but no part of said land shall be sold at less than the appraised value thereof: Provided further, That the use of the underground mineral rights of the unallotted lands be and the same are hereby reserved for the benefit of the children who are entitled to participate in said lands under the Act of May 11, 1912, supra.

“SEC. 2.

That the Secretary of the Interior is hereby directed to reserve from sale under the terms of this Act the following tracts of land in sections 24, 25, and 26, in township 25 north, range 9 east of the sixth principal meridian in Nebraska for the purposes designated: Sixty acres of the land now used for agency purposes described as the southeast quarter of the northwest quarter and the south half of the northeast quarter of the northwest quarter of section 25 be reserved for agency and school purposes for so long as the need thereof exists; and forty acres for use as a tribal cemetery, described as the southwest quarter of the southwest quarter of section 24, including the tract now used for that purpose: Provided, That two and one-half acres thereof may be reserved for the use of the Presbyterian Church now located thereon so long as needed for religious or educational purposes; and two hundred and thirty acres, more or less, described as the east half of the northeast quarter of section 26, and the west half of the northwest quarter and the north half of the northeast quarter of the northwest quarter of section 25, and that portion of the southeast quarter of the northwest quarter of section 25 lying south and west of a certain irrigation ditch consisting of approximately ten acres, and the southeast quarter of the southwest quarter of section 24, for the special and specific use of the Omaha Tribe, to be used for fair purposes, camping grounds, race track, and other tribal needs, the same to be held in reserve from the sale authorized by this Act until such time as the Secretary of the Interior may determine that such lands are no longer needed for such purposes.

“SEC. 3.

That the proceeds of such sale, after paying all the expenses incident to and necessary for carrying out the provisions of this Act, and after reimbursing the general trust fund of the tribe for any assessment paid therefrom for protecting the unallotted tribal lands from overflow, shall be divided pro rata among the children of the Omaha Tribe living on May 11, 1912, who have not received allotments of land under the acts of August 7, 1882 (Twenty-second Statutes at Large, page 341), and March 3, 1893 (Twenty-third Statutes at Large, page 630), and shall be

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expended for the benefit of said Indians when and in such manner as in the opinion of the Secretary of the Interior shall be to their best interests, and pending such expenditure by the said Secretary the sums due the respective Indians shall be placed to the credit of the said Indians in the Treasury of the United States, and shall bear interest at the rate of 5 per centum per annum, but in the event of the death of any such Indian while there remains in the Treasury to his credit any part of the sum so deposited the said sum shall be paid at once to his heirs, who shall be determined by the Secretary of the Interior in accordance with the laws of descent in force in the State of Nebraska, and the action of the Secretary of the Interior in determining the legal heirs of any deceased Indian, as provided herein, shall in all respects be conclusive and final.

“SEC. 4.

That for the purpose of carrying out the provisions of this Act, there is hereby authorized to be appropriated the sum of $1,000, or so much thereof as may be necessary, to be reimbursable out of the funds arising from the sale of said lands.

“SEC. 5.

That sections 1, 3, and 4 of this Act shall not become operative so long as the need thereof exists of maintaining an agency and school for the Omaha Tribe of Indians residing on the Omaha Indian Reservation in the State of Nebraska."

Approved, January 7, 1925.


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