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 THE SIXTY-SECOND CONGRESS—SECOND SESSION, 1911–1912.
CHAP. 1 | CHAP. 3 | CHAP. 5 | CHAP. 37 | CHAP. 46 | CHAP. 70 | CHAP. 77 | CHAP. 78 | CHAP. 83 | CHAP. 91 | CHAP. 92 | CHAP. 121 | CHAP. 151 | CHAP. 155 | CHAP. 189 | CHAP. 190 | CHAP. 221 | CHAP. 229 | CHAP. 240 | CHAP. 241 | CHAP. 244 | CHAP. 248 | CHAP. 355 | CHAP. 366 | CHAP. 368 | CHAP. 388 | CHAP. 407 | CHAP. 408 | J. R. No. 11 | J. R. No. 22

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Chapter 121
Sections 2 | 3 | 4

Margin Notes
Chap. 121 Omaha Indian Reservation, Nebr.
Chap. 121 Disposal of unallotted lands on.
Chap. 121 Provisos. Sales to highest bidder.
Chap. 121 Lands subject to erosion.
Chap. 121 Selection in lieu by allottee.
Sec. 2 Lands reserved for agency, etc.
Sec. 2 Provisos. Town site on agency lands.
Sec. 2 Intoxicants prohibited.
Sec. 3 Pro rata division of net proceeds.
    22 Stat., 341, vol. 1, p. 212.
    27 Stat., 630, vol. 1, p. 485.
Sec. 3 Expenditure.
    37 Stat., 112.
Sec. 3 Interest.
Sec. 3 Payment to heirs of deceased Indians.
Sec. 4 Appropriation.
Sec. 4 Reimbursable.

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Chapter 121
    May 11, 1912. [S. 5060.] | [Public, No. 153.] 37 Stat., 111.
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An act to provide for the disposal of the unallotted land on the Omaha Indian Reservation, in the State of 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 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 as to the Secretary may seem 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 Reserva-

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tion, 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: And provided further, That prior to such appraisement and sale any member of the Omaha Tribe whose allotment is subject to erosion by the Missouri River shall be permitted to relinquish such allotment and select lieu lands of equal area from the allotted lands, the lands so relinquished to become a part of the unallotted tribal lands and subject to appraisement and sale under the terms of this act.

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 for the purposes designated: Forty-nine acres of the land now used for agency purposes to be reserved for agency and school purposes for so long as the need thereof exists; ten acres to be selected by the tribe for use as a tribal cemetery; ten acres of the land now reserved for the use of the Presbyterian Church to be selected by the officials of said church for the use of the church so long as needed for religious or educational purposes; two acres of the land on which is standing what is known as the old Presbyterian mission building, and the Secretary of the Interior is hereby authorized to cause a patent in fee simple to issue therefor in the name of the State Historical Society of Nebraska: Provided, That of the land now reserved for agency purposes the Secretary of the Interior is directed to reserve and set aside for town-site purposes one hundred and sixty-four acres other than the forty-nine acres hereinbefore reserved, and shall cause the same to be surveyed and platted into town lots, streets, alleys, and parks, the lots to be appraised and sold under the terms of this act, and the streets, alleys, and parks are hereby dedicated to public use: Provided further, That the lands allotted, those retained or reserved, and the surplus lands sold, set aside for twonsite purposes, or otherwise disposed of, shall be subject for a period of twenty-five years to all of the laws of the United States prohibiting the introduction of intoxicants into the Indian country.

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 from protecting the unallotted tribal lands from overflow, shall be divided pro rata among the children of the Omaha Tribe living on the date of the passage and approval of this act who have not received allotments of land under the acts of August seventh, eighteen hundred and eighty-two (Twenty-second United States Statutes at Large, page tree hundred and forty-one), and March third, eighteen hundred and ninety-three (Twenty-third United States Statutes at Large, page six hundred and thirty), and shall be 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 five 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.

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SEC. 4

That for the purpose of carrying out the provisions of this act there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of three thousand dollars, or so much thereof as may be necessary, to be reimbursable out of the funds arising from the sale of said lands.

Approved, May 11, 1912.


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