INDIAN AFFAIRS: LAWS AND TREATIES

Vol. V, 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 SEVENTIETH CONGRESS, FIRST SESSION, 1927-1928
Chap. 5 | Chap. 57 | Chap. 116 | Chap. 120 | Chap. 121 | Chap. 122 | Chap. 123 | Chap. 124 | Chap. 137 | Chap. 196 | Chap. 219 | Chap. 222 | Chap. 246 | Chap. 247 | Chap. 253 | Chap. 255 | Chap. 267 | Chap. 268 | Chap. 271 | Chap. 272 | Chap. 278 | Chap. 279 | Chap. 305 | Chap. 307 | Chap. 308 | Chap. 310 | Chap. 335 | Chap. 357 | Chap. 374 | Chap. 400 | Chap. 410 | Chap. 452 | Chap. 481 | Chap. 487 | Chap. 506 | Chap. 510 | Chap. 517 | Chap. 519 | Chap. 528 | Chap. 531 | Chap. 580 | Chap. 582 | Chap. 614 | Chap. 623 | Chap. 624 | Chap. 644 | Chap. 645 | Chap. 646 | Chap. 652 | Chap. 660 | Chap. 662 | Chap. 663 | Chap. 686 | Chap. 707 | Chap. 733 | Chap. 741 | Chap. 753 | Chap. 756 | Chap. 811 | Chap. 853 | Chap. 854 | Chap. 855 | Chap. 857 | Chap. 873 | Chap. 880 | Chap. 901 | Chap. 912

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Chapter 741
May 25, 1928. | [S. 3867.] 45 Stat., 737.

An Act To provide for the extension of the time of certain mining leases of the coal and asphalt deposits in the segregated mineral land of the Choctaw and Chickasaw Nations, and to permit an extension of time to the purchasers of the coal and asphalt deposits within the segregated mineral lands of the said nations to complete payments of the purchase price, and for other purposes
Section 2

Margin Notes
Chap. 741 Choctaw and Chickasaw coal and asphalt lands.
Extension of existing leases of.
Sec. 2 Authorization for sale of coal and asphalt deposits.
40 Stat., 433, amended, vol. 4, 143.
41 Stat., 1107, vol. 4, 287.
Sec. 2 Purchasers to pay within 60 days all balances due from them.
Sec. 2 Provisos. Discretionary extension permitted.
Sec. 2 Time limited.
Sec. 2 Monthly installments required.
Sec. 2 Security for payments to be furnished.
Sec. 2 Forfeitures of all rights on failure to pay an installment in one month alter becoming due.
Sec. 2 Notification to representatives of Chickasaws and Choctaws of applications for extensions of time.
Sec. 2 Possession to be taken of all expired, forfeited, etc., leased deposits.

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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 Secretary of the Interior be, and hereby is, authorized, in his discretion and under such rules, regulations, terms, and conditions as he may prescribe, to extend to September 25, 1932, existing developed mining leases of the segregated coal and asphalt lands and deposits of the Choctaw and Chickasaw Nations which by their terms would expire prior to that date: Provided: That application is made by the owners of the leases for such extension of time: And provided further, That no lease shall be extended until the owner of such lease shall have paid all royalties due thereunder.

SEC. 2.

That the Act of Congress approved February 8, 1918 (Fortieth Statutes at Large, page 433), as amended and modified by the Act of Congress approved February 22, 1921, (Forty-first Statutes at Large, page 1107), authorizing the sale of the leased and unleased coal and asphalt deposits in the segregated mineral land of the Choctaw

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and Chickasaw Nations, Oklahoma, be, and the same is hereby, amended and modified as follows:

“That the purchasers of any coal or asphalt deposits in the segregated mineral land of the Choctaw and Chickasaw Nations heretofore sold to them are hereby required to pay, within sixty days from the approval of this Act, to the superintendent of the Five Civilized Tribes Agency, or such other official as the Secretary may designate, for the benefit of the Choctaw and Chickasaw Nations, all balances of principal and interest due from said purchasers oil the purchase price: Provided, That in any case, upon application of the purchaser and showing made by him in support thereof, the Secretary of the Interior may, in his discretion and under such rules, regulations, terms, and conditions as he may prescribe, extend to such purchaser the time within which the purchaser may pay the balances of principal and interest due from him: Provided, however, That the time so allowed shall not in any case extend beyond the period of four years from the data of the approval of this Act: And provided further, That said purchaser shall be required to pay in equal monthly installments, during the extended periods, the balances of principal and interest due from him: Provided further, That each purchaser, before allowing an extension, shall furnish the Secretary of the Interior security for payment of the amounts due under such extension, and upon application and showing made by said purchaser, the Secretary of the Interior may allow such purchaser to pay said balances in quarterly or semiannual installments: Provided further, That upon failure of any purchaser to pay any installment within one month after the same becomes due under the terms of the time extension, the Secretary of the Interior is hereby authorized to and shall declare the sale of the coal and asphalt deposits forfeited and canceled in accordance with the terms and conditions under which the sale was made, and, upon such forfeiture and cancellation, all amounts paid by such purchaser, principal and interest, shall become the property of the tribes. It is herein farther provided that when application is made by any purchaser for extension of time within which to make payment of deferred installments of the purchase price and interest thereon, and before action is taken thereon by the Secretary of the Interior under the provisions of this Act, the governor of the Chickasaw Nation and the principal chief of the Choctaw Nation, or other legal representatives of said Indian nations, shall be notified thereof and afforded an opportunity to be heard or to file a written; statement of their views in the case: Provided, That if any developed coal or asphalt lease shall expire and the owner of the lease shall not apply for the renewal thereof, or if the sale of any developed coal or asphalt lease shall be declared forfeited and canceled, the Secretary of the Interior is hereby authorized to take possession of said leased deposits and lease the same, until September 25, 1932, or take whatever steps may be necessary to preserve and protect such property.”

Approved, May 25, 1928.


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