Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.

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Chapter 367
September 21, 1922. | [H. R. 10193.] 42 Stat., 994.

An Act Extending time for allotments on the Crow Reservation; protecting certain members of the Five Civilized Tribes; relief of Indians occupying certain lands in Arizona, New Mexico, and California; issuing patents in certain cases; establishing a revolving fund on the Rosebud Reservation; memorial to Indians of the Rosebud Reservation killed in the World War; conferring authority on the Secretary of the Interior as to alienation in certain Indian allotments, and for other purposes.
Section 1 | 2 | 3 | 4 | 5 | 6

Margin Notes
Chap. 367 Crow Indian Reservation, Mont. Time extended for allotments on.
41 Stat., 752, ante, 271.
Sec. 1 Five Civilized Tribes, Okla. Contracts authorized for preparing, etc., income tax returns for restricted members of.
Sec. 1 Provisos. Compensation limitations.
Sec. 1 Payment from funds of the Indians.
Sec. 2 Railroad grant lands. Relinquishment to Indians in Arizona, etc., extended.
37 Stat., 1007, vol. 3, 560; 39 Stat., 49; ante, 52; 41 Stat., 9; ante, 203.
Proviso. Occupation in good faith required.
Sec. 3 Indian reservations. Patents authorized to religious organization, of lands used for missions or schools on.
Sec. 3 Proviso. Reversion for nonuser.
Sec. 4 Rosebud Sioux Indians. Revolving fund established for loans to members, from tribal fund.
Sec. 4 25 Stat., 895. Vol. 1, 328.
Sec. 5 Rosebud Indian Reservation. Memorial monument to tribal members dying in World War Service, authorized from tribal funds.
Sec. 6 Alienation restrictions on Indian allotments may be removed by Secretary of the Interior.
Sec. 6 Proviso. Effect on wills by Indian allottees.

Page 365

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for making the allotments on the Crow Reservation, Montana, as provided by the Act of June 4, 1920 (Forty-first Statutes at Large, page 751), be, and it is hereby, extended for a period of two years from December 4, 1921.

SEC. 1.

That the Secretary of the Interior be, and is hereby, authorized, in his discretion, to make or approve contracts with competent and experienced firms or individuals to prepare and submit, through the superintendent of the Five Civilized Tribes, amended income-tax returns covering the years 1919, 1920, and 1921, for the restricted members of the Five Civilized Tribes of Indians in Oklahoma, and to prosecute all appropriate proceedings to recover for such members any excess income tax which may

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have been paid by or exacted of them, respectively: Provided, That the compensation paid for the preparation and submission of such amended income-tax returns shall not exceed for any year 10 per centum of the actual net savings in taxes allowed such tax-paying Indians either by reason of deductions for depletion or other proper allowances actually secured in their behalf as a result of the work and efforts of the firms or individuals with whom such contract or contracts are made in pursuance of this Act, and that such contracts shall obligate the firms or individuals with whom the same are made to prosecute to a final determination all claims included in such contract, unless the Secretary shall otherwise direct: Provided further, That the Secretary shall make payment of such compensation out of the funds belonging to the several restricted Indians who shall be the beneficiaries of such contract.

SEC. 2.

That all of the provisions of an Act entitled "An Act for the relief of Indians occupying railroad lands in Arizona, New Mexico, or California," approved March 4, 1913, and amended by the Act of April 11, 1916, and the Act of June 30, 1919, be, and the same are hereby, extended to March 4, 1923: Provided, That the provisions of this Act shall apply only in cases where it is shown that the lands were actually occupied in good faith by Indians prior to March 4, 1913, and the applicants are otherwise entitled to receive such tracts in allotment under existing law, but for the grant to the railroad company.

SEC. 3.

That the Secretary of the Interior is hereby authorized and directed to issue a patent to the duly authorized missionary board, or other proper authority, of any religious organization engaged in mission or school work on any Indian reservation for such lands thereon as have been heretofore set apart to and are now being actually and beneficially used and occupied by such organization solely for mission or school purposes, the area so patented to not exceed one hundred and sixty acres to any one organization at any station: Provided, That such patent shall provide that when no longer used for mission or school purposes said lands shall avert to the Indian owners.1

SEC. 4.

That the Secretary of the Interior be, and he hereby is, authorized and directed to withdraw from the fund in the Treasury of the United States to the credit of the Rosebud Sioux Tribe of Indians, known as the Sioux fund, Rosebud, created under the Act of March 2, 1884 (Twenty-fifth Statutes at Large, page 895), the sum of $30,000 for the purpose of establishing a revolving fund from which he may make loans to members of that tribe, under such rules and regulations as the said Secretary of the Interior may prescribe. Any loan so made is to stand as a preferred claim against any trust funds or trust bonds under Government supervision which may belong to the borrower or his restricted estate from any source whatever.

SEC. 5.

That there is hereby authorized an appropriation of $5,000, or so much thereof as may be necessary, from Rosebud tribal funds, for the erection of a monument, under the supervision fo the Secretary of the Interios on the Rosebud Indian Reservation as a memorial to Indians of that tribe who gave their lives for their country in the recent war with Germany.

SEC. 6.

That wherever, in any law or treaty or in any patent issued to Indians allottees for lands in severalty pursuant to such law or treaty, there appears a provision to the effect that the lands so allotted can not be alienated without the consent of the President of the United States, the Secretary of the Interior shall have full power and authoriy to consent to or approve of the alienation of such allotments, in whole or in part, in his discretion, by deed, will, lease,

1 51 L. O. D., 421.

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or any other form of conveyance, and such consent or approval by the Secretary of the Interior hereafter had in all such cases shall have the same force and legal effect as though the consent or approval of the President had previously been obtained: Provided, however, That the approval by the Secretary of the Interior of wills by Indian allottees or their heirs involving lands held under such patents shall not operate to remove the restrictions against alienation unless such order of approval by said Secretary shall specifically so direct.

Approved, September 21, 1922.

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