Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.
|Chap. 222||Pottawatomie and Kickapoo Indian reservations, Kans. Sale authorized of surplus lands in.
See 1895, ch. 188, ante, p. 567.
See notes to 1893, ch. 203. ante, p. 480, and 1878, ch. 200, ante, p. 175.
|Chap. 222||Proviso. Consent of tribes.|
|Sec. 2||Lands offered for public sale.|
minimum price, etc.
|Sec. 2||purchases by Indians.|
|Sec. 2||Payment, etc.|
|Sec. 2||Purchase money to be paid Indians.|
|Sec. 2||Forfeiture for nonpayment.|
|Sec. 3||Schools excepted.|
|Sec. 4||Appropriation, reimbursable.|
|Sec. 5||Allotments to absentees. etc., to precede sale.|
|Sec. 5||Allotments subject to existing leases.|
|Sec. 5||Provisos. Absentees, etc., restricted to lands of their tribe.|
|Sec. 5||Segregation of paragraph.|
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That with the consent of a majority of the chiefs, headmen andmale adults of the Prairie band of Pottawatomie tribe of Indians and the Kickapoo tribe of Indians in the State of Kansas, expressed in open council by each tribe, the Secretary of the Interior be, and hereby is, authorized and directed to cause to be sold in trust for said Indians the surplus or unallotted lands of the reservations of the Pottawatomie tribe of Indian in Jackson County, Kansas, and the Kickapoo tribe of Indians in Brown County, Kansas. The said lands shall be appraised in tracts of one-half quarter section each by three competent commissioners, one of whom shall be selected by the two Indian tribes, and the other two shall be appointed by the Secretary of the Interior: Provided, That either tribe may consent to the sale of its own lands and select a commissioner without the consent of the other, and when one tribe does consent to the sale of its surplus lands the Secretary of the Interior shall proceed to sell the same.
That after the appraisement of said lands as herein provided the Secretary of the Interior shall be, and hereby is, authorized and directed to offer and sell the same through the United States public land office at Topeka, Kansas, at public sale, to the highest bidder: Provided, That no portion of such lands shall be sold at less than the appraised value thereof, and in no case for less than five dollars per acre, and to none except to heads of families or persons over twenty-one years of age. Each purchaser of said lands at such sale shall be entitled to purchase two half quarter sections and no more: Provided, that any member of either of said tribes of the age of twenty-one years may purchase not exceeding one quarter section of such lands at the appraised value. All purchasers shall pay one-third of the purchase price at the time said land is bid off, and if not paid immediately the bid shall be rejected and the land reoffered, and one-third in two years from the date of such sale, and one-third in four years from the date of sale, with interest on deferred payments at the rate of six per centum per annum; and all sums, when paid to the receiver of the public land office at Topeka, Kansas, shall, under rules prescribed by the Secretary of the Interior, be paid to such Indians upon the recognized rolls upon which moneys are paid them by the United States in other cases the said purchase money of such lands: Provided, That in the case of minors the money shall be placed in the Treasury of the United States and held for such minors, respectively, until they have attained the age of twenty-one years. No patents shall issue until all payments shall have been made; and on failure of any purchaser to make payment as required by this Act he shall forfeit the land purchased, and the same shall be subject to entry and sale at the appraised value thereof, or shall be again offered at public sale, as the Secretary of the Interior may determine.
That there shall be excepted from the provisions of this Act the lands for two boarding or industrial schools located on these reservations, not exceeding three hundred and twenty acres for each school, the amount and location to be determined and designated, after the assent of the tribe or tribes, by the Secretary of the Interior.
That for the purpose of carrying this Act into effect the sum of two thousand dollars, or so much thereof as may be necessary, be, and the same hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, which sum shall be reimbursed to the United States out of the proceeds of the sales of the lands made under the provisions hereof, each tribe to be charged only with the expenses attending the sale of its own lands.
That before any of the surplus lands belonging to either of said tribes of Indians shall be sold under the provisions of this Act there shall be allotted by the Secretary of the Interior eighty acres to each absentee of either of said tribes, and also to each of the children of the members of the respective tribes born since the allotments heretofore made were closed and to whom allotments have never been made, but all allotments shall be made and accepted subject to existing leases: Provided, That in making these allotments the said Pottawatomie children and absentees shall be restricted to the Pottawatomie lands and the Kickpoo children and absentees to the Kickapoo lands: Provided further, That this paragraph relating to allotments may be adopted or rejected by either tribe separate and apart from and without affecting the other provisions of this Act.
Approved, February 28, 1899.