INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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ACTS OF SIXTIETH CONGRESS— SECOND SESSION, 1909.
CHAP. 76 | CHAP. 126 | CHAP. 138 | CHAP. 145 | CHAP. 147 | CHAP. 178 | CHAP. 197 | CHAP. 253 | CHAP. 256 | CHAP. 263 | CHAP. 298 | CHAP. 321 | J. R. No. 18 | J. R. No. 19

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Chapter 145
Sections 2 | 3 | 4

Margin Notes
Chap. 145 Omaha and Winnebago Indians, Nebr. Drainage of lands of, authorized. Payment of assessments, etc.
Sec. 2 Per capita payments to Indians.
Sec. 2 Proviso. Allotments held in trust.
Sec. 2 Payment for protection from overflow.
    35 Stat., 629.
Sec. 2 Credited on assessments.
Sec. 3 Reclamation of tribal lands.
Sec. 3 Proviso. Approval of payments.
Sec. 4 Patent in fee simple.

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Chapter 145
    Feb. 18, 1909. [H. R. 20385.] | [Public, No. 239.] 35 Stat., 628.
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An act to enable the Omaha and Winnebago Indians to protect from overflow their tribal and allotted lands located within the boundaries of any drainage district in Nebraska.

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 he is hereby, authorized, in his discretion, to pay from the funds remaining to the credit of the Omaha and Winnebago tribes of Indians any assessments which may be made by any drainage district in the State of Nebraska on the tribal lands of said Indians to protect such lands from overflow, not exceeding an average of eight dollars per acre.

SEC. 2

That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, under such regulations as he may prescribe, to pay per capita to the Indians of the Omaha and Winnebago tribes who have allotted lands within any such drainage district the proportionate share of such Indians in the funds remaining to the credit of said tribe after the payment provided for in section one of

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this act: Provided, That no assessments made by such drainage district on the allotment of any Indian while the same is held in trust by the United States for the use and benefit of the allottee shall be valid or constitute a lien on the land, but the Secretary of the Interior shall retain not exceeding two hundred and forty dollars of the per capita share of any such allottee and expend the same for the payment or partial payment of the sum found by such drainage district to be due from such allottee for the purpose of protecting his lands embraced in the drainage district from overflow. Such payment shall be credited on any assessment which may be made on the allotment of said Indian after the termination of the trust by expiration of the period, issuance of a fee-simple patent, or by a conveyance under existing law, duly approved by the Secretary of the Interior.

SEC. 3

That any such drainage district be, and is hereby, authorized to assess the cost of reclaiming the tribal lands of the Omaha and Winnebago Indians and all lands allotted to the Indians in severalty and held by patents containing restrictions as to alienation and taxation within such districts, subject to the limitation contained in the preceding section, and to condemn any of said lands necessary for the purpose of reclamation in the same manner as such district may condemn other lands: Provided, That the payments to be made or the taking of lands under the provisions of this section shall be subject to the approval of the Secretary of the Interior.

SEC. 4

That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, upon application of the allottee, or his heirs, to issue a fee-simple patent to any Omaha and Winnebago Indian for the lands allotted to him within any such drainage district, and the issuance of such patent shall operate as a removal of all restrictions as to the sale, incumbrance, and taxation of the lands covered thereby.

Approved, February 18, 1909.


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