Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department, and in full compensation for all offices the salaries for which are specially provided for herein, for the service of the fiscal year ending June thirtieth, ninteen hundred and five, and for fulfilling treaty stipulations with various Indian tribes, namely:
For pay of twenty-three agents of Indian affairs at the following named agencies, at the rates respectively indicated, namely:
At the Blackfeet Agency, Montana, one thousand eight hundred dollars;
At the Cheyenne River Agency, South Dakota, one thousand eight hundred dollars;
At the Colville Agency, Washington, one thousand five hundred dollars;
At the Crow Agency, Montana, one thousand eight hundred dollars;
At the Crow Creek Agency, South Dakota, one thousand six hundred dollars;
At the Flathead Agency, Montana, one thousand five hundred dollars;
At the Green Bay Agency, Wisconsin, one thousand eight hundred dollars;
At the Kiowa Agency, Oklahoma Territory, one thousand eight hundred dollars;
At the La Pointe Agency, Wisconsin, one thousand eight hundred dollars;
At the Leech Lake Agency, Minnesota, one thousand eight hundred dollars;
At the Lower Brule Agency, South Dakota, one thousand four hundred dollars;
At the New York Agency, New York, one thousand dollars;
At the Osage Agency, Oklahoma Territory, one thousand eight hundred dollars;
At the Pine Ridge Agency, South Dakota, one thousand eight hundred dollars;
At the Rosebud Agency, South Dakota, one thousand eight hundred dollars;
At the San Carlos Agency, Arizona, one thousand eight hundred dollars;
At the Shoshone Agency, Wyoming, one thousand eight hundred dollars;
At the Sisseton Agency, South Dakota, one thousand five hundred dollars;
At the Standing Rock Agency, North Dakota, one thousand eight hundred dollars;
At the Uintah and Ouray Agency, Utah (consolidated), one thousand eight hundred dollars;
At the Union Agency, Indian Territory, three thousand dollars;
At the White Earth Agency, Minnesota, one thousand eight hundred dollars;
At the Yankton Agency, South Dakota, one thousand six hundred dollars;
In all, forty thousand one hundred dollars: Provided, That the foregoing appropriations shall not take effect nor become available in any case for or during the time in which any officer on the active list of the Army of the United States shall be engaged in the performance of the duties of Indian agent at any of the agencies above named: Provided further, That the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of any Indian agency or any part thereof upon the superintendent of the Indian training school located at such agency whenever in his judgment such superintendent can properly perform the duties of such agency. And the superintendent upon whom such duties devolve shall give bond as other Indian agents.
For payment of necessary interpreters, to be distributed in the discretion of the Secretary of the Interior, four thousand dollars; but no person employed by the United States and paid for any other service shall be paid for interpreting.
For pay of eight Indian inspectors, one of whom shall be an engineer competent in the location, construction, and maintenance of irrigation works, at two thousand five hundred dollars per annum each, twenty thousand dollars.
For traveling expenses of eight Indian inspectors, at three dollars per day when actually employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses now authorized by law, and for incidental expenses of inspection and investigation, including telegraphing and expenses of going to and going from the seat of government, and while remaining there under orders and direction of the Secretary of the Interior, for a period not to exceed twenty days, twelve thousand eight hundred dollars.
For pay of one superintendent of Indian schools, three thousand dollars.
For necessary traveling expenses of one superintendent of Indian schools, including telegraphing and incidental expenses of inspection and investigation, one thousand five hundred dollars: Provided, That he shall be allowed three dollars per day for traveling expenses when
actually on duty in the field, exclusive of cost of transportation and sleeping-car fare, in lieu of all other expenses now allowed by law: And provided further, That he shall perform such other duties as may be imposed upon him by the Commissioner of Indian Affairs, subject to the approval of the Secretary of the Interior.
For buildings and repairs of buildings at agencies and for rent of buildings for agency purposes and for water supply at agencies, sixty thousand dollars.
For contingencies of the Indian Service, including traveling and incidental expenses of Indian agents and of their offices, and of the Commissioner of Indian Affairs; also traveling and incidental expenses of special agents, at three dollars per day when actually employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses now authorized by law, and expenses of going to and going from the seat of government, and while remaining there under orders and direction of the Commissioner of Indian Affairs, for a period not to exceed twenty days; for pay of employees not otherwise provided for, and for pay of the five special agents, at two thousand dollars per annum each, sixty thousand dollars: Provided, That hereafter when it becomes necessary to make large per capita payments to Indians, the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, is hereby authorized to require any disbursing officer of the Indian Department to file a special bond in such amount as may be necessary to make such payment in one installment, the expenses incurred in procuring such special bond to be paid by the United States from this appropriation.
For expenses of the commission of citizens, serving without compensation, appointed by the President under the provisions of the act of April tenth, eighteen hundred and sixty-nine, four thousand dollars, of which amount a sum not to exceed three hundred dollars may be used by the commission for office rent.
To enable the Commissioner of Indian Affairs to employ practical farmers and practical stockmen, subject only to such examination as to qualifications as the Secretary of the Interior may prescribe, in addition to the agency farmers now employed, at wages not exceeding seventy-five dollars each per month, to superintend and direct farming and stock raising among such Indians as are making effort for self-support, one hundred and twenty-five thousand dollars: Provided, That the amounts paid said farmers and stockmen shall not come within the limit for employees fixed by the act of June seventh, eighteen hundred and ninety-seven (Thirtieth Statutes, page ninety).
For services of officers at fifteen dollars per month each, and privates at ten dollars per month each, of Indian police, to be employed in maintaining order and prohibiting illegal traffic in liquor on the several Indian reservations and within the Territory of Alaska, in the discretion of the Secretary of the Interior, for the purchase of equipments, and for the purchase of rations for policemen at nonration agencies, one hundred thousand dollars.
For compensation of judges of Indian courts, twelve thousand dollars.
To pay such contingent expenses of the Choctaw and Chickasaw citizenship court and such of its officers as the Secretary of the Interior may deem proper, and for rental of quarters, five thousand dollars, to be immediately available. And the unexpended balance of the appropriation for contingent expenses, as provided in the act of July first, nineteen hundred and two, of five thousand dollars remaining on the books of the Interior Department December thirty-first, nineteen hundred and three, amounting to one thousand one hundred and thirty-six dollars and twenty-five cents, to the credit of the Choctaw and Chickasaw citizenship court, is hereby reappropri–
ated for the necessary expenses of the said court until December thirty-first, nineteen hundred and four.
For one stenographer to each of the three judges of the Choctaw and Chickasaw citizenship court, appointed by them, respectively, at one hundred dollars per month each from March third to June thirtieth, nineteen hundred and three, one thousand one hundred and eighty dollars and sixty-five cents; for traveling expenses and subsistence of said stenographers, the reporter, and the bailiff of said court, not to exceed three dollars per day each, one thousand five hundred dollars; in all, two thousand six hundred and eighty dollars and sixty-five cents, to be immediately available.
To enable the Commissioner of Indian Affairs to employ suitable persons as matrons to teach Indian girls in housekeeping and other household duties, at a rate not to exceed seventy dollars per month, and for furnishing necessary equipments, twenty-five thousand dollars: Provided, That the amounts paid said matrons shall not come within the limit for employees fixed by the act of June seventh, eighteen hundred and ninety-seven (Thirtieth Statutes, page ninety).
Telegraphing, and purchase of Indian supplies: To pay the expense of purchasing goods and supplies for the Indian Service, and pay of necessary employees; advertising, at rates not exceeding regular commercial rates; inspection, and all other expenses connected therewith, and for telegraphing, sixty thousand dollars.
For necessary expenses of transportation of such goods, provisions, and other articles for the various tribes of Indians provided for by this act, including pay and expenses of transportation agents and rent of warehouses, one hundred and ninety thousand dollars: Provided, That no portion thereof shall be expended for the location or maintenance of an Indian warehouse at any place other than San Francisco, Chicago, and New York City.
For pure vaccine matter and vaccination of Indians, five thousand dollars.
For support of a school or schools upon said reservation, in accordance with third article of treaty of March nineteenth, eighteen hundred and sixty-seven, four thousand dollars: Provided, That the President of the United States deems the same necessary.
For permanent annuity, per second article of treaty of November sixteenth, eighteen hundred and five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three thousand dollars;
For permanent annuity for support of light horsemen, per thirteenth article of treaty of October eighteenth, eighteen hundred and twenty, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars;
For permanent annuity for support of blacksmith, per sixth article of treaty of October eighteenth, eighteen hundred and twenty, ninth articles of treaty of January twentieth, eighteen hundred and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars;
For permanent annuity for education, per second and thirteenth articles of last two treaties named above, six thousand dollars;
For permanent annuity for iron and steel, per ninth article of treaty of January twentieth, eighteen hundred and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three hundred and twenty dollars;
For interest on three hundred and ninety thousand two hundred and fifty-seven dollars and ninety-two cents, at five per centum per annum, for education, support of the government, and other beneficial purposes, under the direction of the general council of the Choctaws, in conformity with the provisions contained in the ninth and thirteenth articles of treaty of January twentieth, eighteen hundred and twenty-five, and treaty of June twenty-second, eighteen hundred and fifty-five, nineteen thousand five hundred and twelve dollars and eighty-nine cents; in all, thirty thousand and thirty-two dollars and eighty-nine cents.
Advance interest to the Chippewa Indians in Minnesota, as required by section seven of “An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,” approved January fourteenth, eighteen hundred and eighty-nine, to be expended under the direction of the Secretary of the Interior, in the manner required by said act (reimbursable), ninety thousand dollars.
To enable the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, to carry out an act entitled “An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,” approved January fourteenth, eighteen hundred and eighty-nine, namely, the purchase of material and employment of labor for the erection of houses for Indians; for the purchase of agricultural implements, stock, and seeds, breaking and fencing land; for payment of expenses of delegations of Chippewa Indians to visit the White Earth Reservation; for the erection and maintenance of day and industrial schools; for subsistence and for pay of employees; for pay of commissioners and their expenses, and for removal of Indians and for their allotments, to be reimbursed to the United States out of the proceeds of sale of their lands, one hundred and fifty thousand dollars.
Whereas the Turtle Mountain Band of Chippewa Indians did on the second day of October, eighteen hundred and ninety-two, entered into an agreement with the United States through the commissioners of the United States duly appointed for that purpose, and
Whereas it is deemed for the best interests of the said Indians that the said agreement be in some respect, modified and amended, it is hereby enacted that said agreement be amended so as to read as follows:
“ARTICLE I. The friendly relations heretofore existing between the Turtle Mountain Band of Chippewa Indians and the United States shall be forever maintained.
“ARTICLE II. The Turtle Mountain Band of Chippewa Indians, in consideration of the covenants and stipulations hereinafter contained, do hereby cede, alienate, and convey to the United States all the claims, estate, right, title, and interest of the Turtle Mountain Band of Chippewa Indians, or any of them as members of said band of Indians, in and to all lands, tenements, and hereditaments situate, lying, and being in the State of North Dakota, excepting and reserving from this conveyance, for the purposes mentioned in Article III hereof, that tract of land particularly mentioned and set apart by an
Executive order of the President of the United States bearing date the third day of June, anno Domini eighteen hundred and eighty-four, to which reference is hereby had for more particular description, the said reserve being twelve miles in length and six miles in breadth and now occupied as a reservation by the Turtle Mountain Band of Chippewa Indians.
“It being expressly stipulated that the land now occupied and used for school, church, and Government purposes shall be so held at the pleasure of the United States, and may, with the approval of the Secretary of the Interior of the United States, be patented, when the interest of the United States, the Indians thereon, or the efficient school conduct requires. The Secretary of the Interior may, as occasion requires, set apart other land in said reserve for school and other public uses.
“ARTICLE III. The land, woods, and waters above reserved for the Turtle Mountain Band of Chippewa Indians, subject to the stipulations contained in Article II of this treaty and agreement, shall be held as the common property of the Turtle Mountain Band of Chippewa Indians; and it is agreed that the United States shall, as soon as it can conveniently be done, cause the land hereby reserved and held for the use of the Turtle Mountain Band of Chippewa Indians to be surveyed, as public lands are surveyed, for the purpose of enabling such Indians as desire to take homesteads, and the selections shall be so made as to include in each case, as far as possible, the residence and improvements of the Indians making selection, giving to each an equitable proportion of natural advantages, and when it is not practicable to so apportion the entire homestead of land in one body it may be set apart in separate tracts, not less than forty acres in any one tract, unless the same shall abut upon a lake; but all assignments of land in severalty shall conform to the Government survey. And lands in said reservation which shall not be taken by said Indians within such time as may be fixed by the Secretary of the Interior after the ratification of this agreement may be opened for settlement as other public lands. The survey of this land shall be made as Government surveys and at no expense to the Indians.1
“ARTICLE IV. In consideration of the premises and the foregoing cession the United States agrees to pay to the said Turtle Mountain Band of Chippewa Indians the sum of one million dollars, such amount to be paid either in cash or yearly installments, in such sums as the Secretary of the Interior may consider for the best interests of said tribe of Indians: Provided, That in case the Secretary of the Interior does not see fit to pay the sum herein before mentioned in cash, but considers it for the best interests of the Indians of said tribe to pay the same in yearly installments, he is hereby authorized and directed to expend such portion of the pro rata share of each Indian on the reserve, as his needs may require, in building, improving, and repairing the houses of such Indians, except as hereinafter agreed.
“ARTICLE V. The schools now located upon the abovenamed reserve are to be maintained in efficiency, as at present, so long as, in the opinion of the Secretary of the Interior, conditions demand the maintenance of such schools, not to exceed, however, the term of twenty years.
“ARTICLE VI.All members of the Turtle Mountain Band of Chippewa Indians who may be unable to secure land upon the reservation above ceded may take homesteads upon any vacant land belonging to the United States without charge, and shall continue to hold and be entitled to such share in all tribal funds, annuities, or other property the same as if located on the reservation: Provided, That such right of alternate selection of homesteads shall not be alienated or represented by power of attorney.1
“ARTICLE VII. So long as the United States retains and holds the title to any land in the use or occupation of any member of the Turtle Mountain Band of Chippewa Indians or the title to other property in the possession of any Indian of said band, which it may do for twenty years, there shall be no tax or other duty levied or assessed upon the property, the title to which is held or retained by the United States.1
“ARTICLE VIII. It is further covenanted and agreed that under no circumstances the Turtle Mountain Band of Chippewa Indians nor any members of said band of Indians shall take up arms against or resist the established authorities of the United States. Every person so violating this stipulation shall, in the discretion of the United States, be forever barred from the benefits of this agreement, and all rights of such person or persons hereunder shall be forfeited to the United States.
“ARTICLE IX. This agreement to be of no binding force or effect until ratified by the Congress of the United States.” Which said agreement so amended as aforesaid is hereby accepted, ratified, and confirmed: Provided, That the said agreement as amended as aforesaid be ratified and accepted by a majority of the adult members of said Turtle Mountain Band of Chippewa Indians in general council lawfully convened for that purpose, and be it further enacted that the sum of one million dollars be appropriated out of any money in the Treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of said amended agreement when ratified and accepted as aforesaid by said Indians: Provided, however, That no part of said sum shall be paid until said Indians, in general council lawfully convened for that purpose, shall execute and deliver to the United States a general release of all claims and demands of every name and nature against the United States, excepting and reserving from such release the right of said Indians to the tract of land particularly mentioned, described, and set apart by the Executive order of the President, dated June third, eighteen hundred and eighty-four, and their right to individual allotment as provided in said amended agreement: Provided further, That the Secretary of the Treasury be, and he is hereby, authorized and directed to withhold from the amount herein appropriated and pay to the attorneys who have represented said Indians the following amounts, namely: James M. E. O’Grady and Charles J. Maddux, jointly, the sum of forty-two thousand dollars and to William W. Anderson the sum of eight thousand dollars, which sums shall be accepted by them respectively in full payment for all services rendered the said Indians by them or by those claiming under them;2
That for the purpose of making the surveys and allotments contemplated in said agreement, three thousand dollars.
For thirteenth of fifteen installments of eight thousand dollars each, to be expended under the direction of the Secretary of the Interior, under the sixth article of agreement of March twenty-sixth, eighteen hundred and eighty-seven, ratified by act of March third, eighteen hundred and ninety-one, eight thousand dollars;
For pay of blacksmith, carpenter, and physician, and purchase of medicines, as per the eleventh article of said agreement, three thousand five hundred dollars; in all, eleven thousand five hundred dollars.
For the twenty-third of twenty-five installments, as provided in agreement with the Crows, dated June twelfth, eighteen hundred and eighty, to be used by the Secretary of the Interior in such manner as the President may direct, thirty thousand dollars
For sixteenth of twenty installments, as provided in agreement with said Indians approved February twenty-third, eighteen hundred and eighty-nine, to be used by the Secretary of the Interior for the benefit of the Indians in such manner as the President may direct, six thousand dollars.
For seventh of nine installments, to be disposed of as provided in article two of the agreement with the Indians of the Blackfeet Reservation, ratified by act approved June tenth, eighteen hundred and ninety-six, one hundred and fifty thousand dollars.
For interest in lieu of investment on fifty-seven thousand five hundred dollars, balance of one hundred and fifty-seven thousand five hundred dollars, to July first, nineteen hundred and four, at five per centum per annum, for education or other beneficial purposes, under the direction of the President, per ninth article of treaty of May seventeenth, eighteen hundred and fifty-four, two thousand eight hundred and seventy-five dollars.
Interest on sixty-five thousand five hundred and forty dollars and ninety-four cents, at five per centum per annum, for educational and other beneficial purposes, per treaty of May eighteenth, eighteen hundred and fifty-four, three thousand two hundred and seventy-seven dollars and four cents. This amount to enable the President of the United States to pay the legal representatives of one deceased Kickapoo Indian (Kte-qua), the settlement of whose estate is desired under the provisions of section two of the act of August fourth, eighteen hundred and eighty-six, such sum as may be the proportion of one hundred thousand dollars provided by said tribe for education and other beneficial purposes, not exceeding three hundred and thirty-seven dollars and eighty-three cents. (Act of August fourth, eighteen hundred and eighty-six, Twenty-fourth Statutes, page thirty-four, article two.)
For pay of teachers and for manual-labor schools, and for all necessary materials therefor, and for the subsistence of the pupils, per second article of treaty of December twenty-first, eighteen hundred and fifty-five, three thousand dollars.
For subsistence and civilization, as per agreement with the Sioux Indians approved February twenty-eighth, eighteen hundred and seventy-seven, including subsistence and civilization of Northern Cheyennes removed from Pine Ridge Agency to Tongue River, Montana, ninety thousand dollars;
For pay of physician, two teachers, two capenters, one miller, two farmers, a blacksmith, and engineer, per seventh article of the treaty of May tenth, eighteen hundred and sixty-eight, nine thousand dollars; in all, ninety-nine thousand dollars.
For interest on sixty-nine thousand one hundred and twenty dollars, at five per centum per annum, being value of fifty-four sections of land set apart by treaty of June second, eighteen hundred and twenty-five, for educational purposes, per Senate resolution of January ninth, eighteen hundred and thirty-eight, three thousand four hundred and fifty-six dollars.
For perpetual annuity, per second article of treaty of September twenty-fourth, eighteen hundred and fifty-seven, and agreement of November twenty-third, eighteen hundred and ninety-two, article three, thirty thousand dollars;
For support of two manual labor schools, per third article of same treaty, of September twenty-fourth, eighteen hundred and fifty-seven, ten thousand dollars;
For pay of physician and purchase of medicines, one thousand two hundred dollars (gratuity);
For purchase of iron and steel and other necessaries for the shops, as per fourth article of treaty of September twenty-fourth, eighteen hundred and fifty-seven, five hundred dollars: Provided, That the President of the United States shall certify that, in his judgment, this amount ought to be expended; in all, forty-one thousand seven hundred dollars.
For permanent annuity, in silver, per fourth article of treaty of August third, seventeen hundred and ninety-five, three hundred and fifty-seven dollars and eighty cents;
For permanent annuity, in silver, per third article of treaty of September thirtieth, eighteen hundred and nine, one hundred and seventy-eight dollars and ninety cents;
For permanent annuity, in silver, per third article of treaty of October second, eighteen hundred and eighteen, eight hundred and ninety-four dollars and fifty cents.
For permanent annuity, in money, per second article of treaty of September twentieth, eighteen hundred and twenty-eight, seven hundred and fifteen dollars and sixty cents;
For permanent annuity, in specie, per second article of treaty of July twenty-ninth, eighteen hundred and twenty-nine, and second article of treaty of September twentieth, eighteen hundred and twenty-eight, five thousand seven hundred and twenty-four dollars and seventy-seven cents;
For permanent provision for payment of money in lieu of tobacco, iron, and steel, per second article of treaty of September twentieth, eighteen hundred and twenty-eight, and tenth article of treaties of June fifth and seventeenth, eighteen hundred and forty-six, one hundred and seven dollars and thirty-four cents;
For permanent provision for fifty barrels of salt, per second article of treaty of July twenty-ninth, eighteen hundred and twenty-nine, fifty dollars;
For interest on two hundred and thirty thousand and sixty-four dollars and twenty cents, at five per centum, in conformity with provisions of article seven of treaties of June fifth and seventeenth, eighteen hundred and forty-six, eleven thousand five hundred and three dollars and twenty-one cents; in all, nineteen thousand five hundred and thirty-two dollars and twelve cents.
For education, per third article of treaty of May thirteenth, eighteen hundred and thirty-three, one thousand dollars; for blacksmith and assistants, and tools, iron, and steel for blacksmith shop, per same article and treaty, five hundred dollars; in all, one thousand five hundred dollars: Provided, That the President of the United States shall certify the same to be for the best interest of the Indians.
For permanent annuity, in goods or otherwise, per third article of treaty of November third, eighteen hundred and four, one thousand dollars; for interest on two hundred thousand dollars, at five per centum, per second article of treaty of October twenty-first, eighteen hundred and thirty-seven, ten thousand dollars; for interest on eight hundred thousand dollars, at five per centum, per second article of treaty of October eleventh, eighteen hundred and forty-two, forty thousand dollars; Provided, That the sum of one thousand five hundred dollars of this amount shall be used for the pay of a physician and for purchase of medicine; in all, fifty-one thousand dollars.
For interest on one hundred and fifty-seven thousand four hundred dollars, at five per centum, under the direction of the President, per second article of treaty of October twenty-first, eighteen hundred and thirty-seven, seven thousand eight hundred and seventy dollars;
For support of a school, per fifth article of treaty of March sixth, eighteen hundred and sixty-one, two hundred dollars: Provided, That the President of the United States shall certify the same to be advisable; in all, eight thousand and seventy dollars.
For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity, per eighth article of treaty of August seventh, eighteen hundred and fifty-six, twelve thousand five hundred dollars;
For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity (they having joined their brethren West), per eighth article of treaty of August seventh, eighteen hundred and fifty-six, twelve thousand five hundred dollars;
For interest on fifty thousand dollars, at the rate of five per centum per annum, to be paid annually for the support of schools, as per third article of treaty of March twenty-first, eighteen hundred and sixty-six, two thousand five hundred dollars;
For interest on twenty thousand dollars, at the rate of five per centum per annum, to be paid annually for the support of the Seminole government, as per same article, same treaty, one thousand dollars; in all, twenty-eight thousand five hundred dollars.
For permanent annuity, in lieu of interest on stock, per act of Feburary nineteenth, eighteen hundred and thirty-one, six thousand dollars;
For interest, in lieu of investment, on seventy-five thousand dollars, at five per centum, per act of June twenty-seventh, eighteen hundred and forty-six, three thousand seven hundred and fifty dollars;
For interest, at five per centum, on forty-three thousand and fifty dollars transferred from the Ontario Bank to the United States Treasury, per act of June twenty-seventh, eighteen hundred and forty-six, two thousand one hundred and fifty-two dollars and fifty cents; in all, eleven thousand nine hundred and two dollars and fifty cents.
For permanent annuity, in clothing and other useful articles, per sixth article of treaty of November eleventh, seventeen hundred and ninety-four, four thousand five hundred dollars.
SHOSHONES: For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith as per tenth article of treaty of July third, eighteen hundred and sixty-eight, five thousand dollars;
For pay of second blacksmith, and such iron and steel and other materials as may be required, as per eighth article of same treaty, one thousand dollars;
BANNOCKS: For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith, as per tenth article of treaty of July third, eighteen hundred and sixty-eight, five thousand dollars; in all, eleven thousand dollars.
For pay of five teachers, one physician, one carpenter, one miller, one engineer, two farmers, and one blacksmith, per thirteenth article of treaty of April twenty-ninth, eighteen hundred and sixty-eight, ten thousand four hundred dollars;
For pay of second blacksmith, and furnishing iron, steel, and other material, per eighth article of same treaty, one thousand six hundred dollars;
For pay of additional employees at the several agencies for the Sioux in Nebraska and in North Dakota and South Dakota, eighty-five thousand dollars;
For subsistence of the Sioux, and for purposes of their civilization, as per agreement ratified by act of Congress approved February twenty-eighth, eighteen hundred and seventy-seven, eight hundred and fifty thousand dollars: Provided, That this sum shall include transportation of supplies from the termination of railroad or steamboat transportation, and in this service Indians shall be employed whenever practicable: And provided further, That the number of rations issued shall not exceed the number of Indians on each reservation, and any excess in the number of rations issued shall be disallowed in the settlement of the agent’s account: Provided further, That the unexpended balance for the fiscal year nineteen hundred and four is hereby appropriated and made available for nineteen hundred and five;
For support and maintenance of day and industrial schools, including erection and repairs of school buildings, in accordance with article seven of the treaty of April twenty-ninth, eighteen hundred and sixty-eight, which article is continued in force for twenty years by section seventeen of the act of March second, eighteen hundred and eighty-nine, two hundred and twenty-five thousand dollars; in all, one million one hundred and seventy-two thousand dollars.
For sixteenth of twenty installments (last series), to be paid to them or expended for their benefit, per fourth article of treaty of April nineteenth, eighteen hundred and fifty-eight, fifteen thousand dollars, to be immediately available;
For subsistence and civilization of Yankton Sioux, heretofore provided for in appropriations under “Fulfilling treaty with Sioux of different tribes,” and so forth, thirty thousand dollars; in all$ forty-five thousand dollars, to be immediately available.
For pay of a blacksmith and carpenter to do necessary work and to instruct the said Indians in those trades, one thousand dollars each, per sixth article of agreement, with said Indians, dated March eighteenth, eighteen hundred and eighty-seven, ratified by act of Congress approved July thirteenth, eighteen hundred and ninety-two, two thousand dollars.
For pay of two carpenters, two millers, two farmers, and two blacksmiths, as per tenth article of treaty of October seventh, eighteen hundred and sixty-three, and fifteenth article of treaty of March second, eighteen hundred and sixty-eight, six thousand seven hundred and twenty dollars;
For pay of two teachers, as per same article of same treaty, one thousand eight hundred dollars;
For purchase of iron and steel and the necessary tools for blacksmith shop, per ninth article of same treaty, two hundred and twenty dollars;
For annual amount for the purchase of beef, mutton, wheat, flour, beans, and potatoes, or other necessary articles of food, as per twelfth article of same treaty, thirty thousand dollars;
For pay of employees at the several Ute agencies, fifteen thousand dollars; in all, fifty-three thousand seven hundred and forty dollars.
For interest on eight hundred and four thousand nine hundred and nine dollars and seventeen cents, at five per centum per annum, per fourth article of treaty of November first, eighteen hundred and thirty-seven, and joint resolution of July seventeenth, eighteen hundred and sixty-two, forty thousand two hundred and forty-five dollars and forty-five cents; and the Secretary of the Interior is hereby directed to expend said interest for the support, education, and civilization of said Indians;
For interest on seventy-eight thousand three hundred and forty dollars and forty-one cents, at five per centum per annum, to be expended under the direction of the Secretary of the Interior for the erection of houses, improvement of their allotments of land, purchase of stock, agricultural implements, seeds, and other beneficial objects, three thousand nine hundred and seventeen dollars and two cents; in all, forty-four thousand one hundred and sixty-two dollars and forty-seven cents.
That the Secretary of the Interior is hereby authorized and directed under such rules and regulations as he may prescribe, to pay per capita to the following Indian tribes, all funds now to their credit in the United States Treasury or such part of such funds as he may deem necessary for their best interests, and any other funds that may hereafter be received for their credit: Provided, That he may retain a sufficient amount of their trust funds, which at the present rate of interest, will yield sufficient income for the support of their schools and for pay of employees: Provided further, That the shares of minors shall remain in the Treasury until they become of age and the shares
of incompetents also be retained in the Treasury and the interest of such shares may, in the discretion of the Secretary of the Interior, be paid to the parents or legally appointed guardians of such minors and incompetents under such regulations as he may prescribe, namely, L’Anse and Vieux de Sert Chippewas, Michigan; Omahas, Nebraska; Otoe and Missouria, Oklahoma; Stockbridge and Munsee, Wisconsin; Tonkawas, Oklahoma; Umatillas, Oregon; the Iowa Indians, and the Sac and Fox Indians of Missouri, of the Pottawatomie and Great Nemaha Agency in the State of Kansas.
That the Secretary of the Interior be, and he is hereby, authorized and directed under such rules and regulations as he may prescribe, to pay to the Sioux Indians residing at Flandreau, in the State of South Dakota, the share of said Indians in the principal permanent fund appropriated and placed in the Treasury of the United States to the credit of the Sioux Nation of Indians by the seventeenth section of the act of Congress approved March second, eighteen hundred and eighty-nine (Statutes at Large, volume twenty-five, page eight hundred and ninety-five): Provided, That the Secretary of the Interior may withhold any of the payments herein provided for if in his judgment it would be to the best interest of the member entitled to said payment to do so.
That the Secretary of the Interior is hereby authorized and directed to cause to be paid to the persons hereinafter named, formerly members by adoption, of the Wichita and affiliated bands of Indians, now citizens of the United States, that is to say, to William M. Hazlett, Nora G. Hazlett, Joe Weller, Charles S. Williams, Fred Exendine, Earl Purdy, Grimes Atkins, Clay J. Bronson, Bella K. Bronson, Francis E. Cross, James Deer, Jennie Deer, John D. Downing, Margaret L. Downing, Bela Ellis, Mary Perdier Gray, Charles Inkanish, James Inkanish, Henry Inkanish, Ellen E. King, Louisa P. Medrano, John Osborne, Alice Osborne, E. B. Parrish, Nancy Parrish, Mary N. Purdy, Vernon Purdy, H. P. Pruner, Lucy J. Pruner, Charles B. Pruner, Frank Purdy, Bill Perdier, Sallie Perdier, Jessee Strum, Mattie Strum, Oscar Tobanaka, Homer J. Seger, Katie Strum Thomas, Jessee Williams, Willie Weller, Cora C. West, Benjamin Montello, Alice Inkanish Cussen, their per capita share of the funds derived from the sale or disposition of lands made in pursuance of the decree of the Court of Claims in the case of The Choctaw Nation and The Chickasaw Nation versus The United States and The Wichita and Affiliated Bands of Indians, being numbered eighteen thousand nine hundred and thirty-two, which has accrued up to and including December thirty-first, nineteen hundred and three, except the fund which has accrued from the disposition of land reserved for the use of schools, colleges, and public buildings, said payments to be made to the said persons through those authorized by contract to aid in collecting the same upon the execution of proper receipts.
That all indemnity school land selections made by the State of Oregon in lieu of sections sixteen and thirty-six in place between the boundary of the Klamath Indian Reservation, as fixed in eighteen hundred and eighty-eight, and the boundary agreed upon in the treaty with the Indians in eighteen hundred and sixty-four, as confirmed by the Klamath Boundary Commission under act of June tenth, eighteen hundred and ninety-six, in their report to the Secretary of the Interior, dated December eighteenth, eighteen hundred and ninety six, and by the survey made pursuant thereto and accepted by the General Land Office May seventh, nineteen hundred, which are otherwise regular and free from any prior lawful claim, are hereby confirmed to the State of Oregon as school lands: Provided further, That the State furnish evidence satisfactory to the Secretary of the Interior that at the date of filing such list of selections it had not disposed of or incumbered its title to said base lands.
For support and civilization of the Apaches, Kiowas, Comanches, Wichitas, and affiliated bands who have been collected in the reservations set apart for their use and occupation, twenty-five thousand dollars.
For support and civilization of the Arapahoes and Cheyenne who have been collected on the reservations set apart for their use and occupation, forty thousand dollars.
For support and civilization of the Chippewas of Lake Superior, Wisconsin, to be expended for agricultural and educational purposes; pay of employees, including pay of physician, at one thousand two hundred dollars; purchase of goods and provisions, and for such other purposes as may be deemed for the best interest of said Indians, seven thousand dollars.
For support and civilization of Turtle Mountain band of Chippewas, North Dakota, including seeds, thirteen thousand dollars.
For support and civilization of the confederated tribes and bands in middle Oregon, and for pay of employees, five thousand dollars.
For support and civilization of the Crow Indians, fifteen thousand dollars.
For support and civilization of the D’Wamish and other allied tribes in Washington, including pay of employees, five thousand dollars.
For support and civilization of Indians at Flathead Agency, Montana, including pay of employees, ten thousand dollars.
For support and civilization of the Apache and other Indians in Arizona and New Mexico who have been or may be collected on reservations in Arizona and New Mexico, two hundred and twenty-five thousand dollars: Provided, That the unexpended balance for the fiscal year nineteen hundred and four is hereby appropriated and made available for nineteen hundred and five: Provided further, That the proviso in the appropriation of two hundred and twenty-five thousand dollars for the support and civilization of Indians in Arizona and New Mexico in the Indian appropriation bill for the fiscal year nineteen hundred and four is hereby corrected to read as follows: “Provided, That the unexpended balance for the fiscal year nineteen hundred and three is hereby appropriated and made available for nineteen hundred and four,” and made applicable accordingly.
For support and civilization of the Shoshones and Bannocks and Bannocks and other Indians of the Fort Hall Reservation in Idaho, including pay of employees, twenty thousand dollars.
For support and civilization of Indians at Fort Berthold Agency, including pay of employees, thirty thousand dollars.
For support and civilization of the Indians of the Fort Peck Agency in Montana, including pay of employees, fifty-five thousand dollars.
For support, civilization, and instruction of the Shoshones, Bannocks, Sheepeaters, and other Indians of the Lemhi Agency, Idaho, including pay of employees, thirteen thousand dollars.
For support and civilization of the Klamaths, Modocs, and other Indians of the Klamath Agency, Oregon, including pay of employees, five thousand dollars.
For support and civilization of the Kansas Indians, Oklahoma Territory, including agricultural assistance and pay of employees, two thousand dollars.
For support and civilization of the Kickapoo Indians in Oklahoma Territory, two thousand dollars.
For support and civilization of the Makahs, Washington, including pay of employees, two thousand dollars.
For support and civilization of Joseph’s band of Nez Perce Indians, one thousand dollars.
For support and civilization of the Indians of Pima Agency, Arizona, forty thousand dollars, to be expended for their benefit in such manner as the Secretary of the Interior, in his discretion, may deem best.
For support and civilization of the Ponca Indians, including pay of employees, ten thousand dollars.
For support and civilization of the Qui-nai-elts and Quil-leh-utes, including pay of employees, one thousand dollars.
For support and civilization of Shoshone Indians in Wyoming, twenty thousand dollars.
For support and civilization of the Indians of the Western Shoshone Agency, Nevada, including pay of employees, eight thousand dollars.
For support and civilization of Sioux of Devils Lake, North Dakota. including pay of employees, ten thousand dollars.
For support and civilization of the Walla Walla, Cayuse, and Umatilla tribes, Oregon, including pay of employees, three thousand dollars.
For support and civilization of Yakimas, and other Indians at said agency, including pay of employees, three thousand dollars.
ARIZONA: For general incidental expenses of the Indian Service in Arizona, including traveling expenses of agents, one thousand five hundred dollars.
CALIFORNIA: For general incidental expenses of the Indian Service in California, including traveling expenses of agents, and support and civilization of Indians at the Round Valley, Hoopa Valley, and Tule River agencies, four thousand dollars; and pay of employees at same agencies, eight thousand dollars; in all, twelve thousand dollars.
COLORADO: For general incidental expenses of the Indian Service in Colorado, including traveling expenses of agents, one thousand dollars.
IDAHO: For general incidental expenses of the Indian Service in Idaho, including traveling expenses of agents, one thousand dollars.
INDIAN TERRITORY: For general incidental expenses of the Indian Service in the Indian Territory, including incidental expenses of the Indian inspector’s office and for pay of employees, eighteen thousand dollars.
MONTANA: For general incidental expenses of the Indian Service in Montana, including traveling expenses of agents and pay of employees, eight thousand five hundred dollars.
NEVADA: For general incidental expenses of the Indian Service in Nevada, including traveling expenses of agents, and support and civilization of Indians located on the Piute, Walker River, and Pyramid Lake Reservations, five thousand dollars; and pay of employees, including physician at the Walker River Reservation, at nine hundred dollars, four thousand nine hundred dollars; in all, nine thousand nine hundred dollars.
NEW MEXICO: For general incidental expenses of the Indian Service in New Mexico, including traveling expenses of agents, one thousand dollars.
NORTH DAKOTA: For general incidental expenses of the Indian Service in North Dakota, including traveling expenses of agents at three agencies, one thousand dollars.
OREGON: For general incidental expenses of the Indian Service in Oregon, including traveling expenses of agents, and support and civilization of Indians of Grande Ronde and Siletz agencies, three thousand dollars; and pay of employees at the same agencies, three thousand dollars; in all, six thousand dollars.
SOUTH DAKOTA: For general incidental expenses of the Indian Service in South Dakota, including traveling expenses of agents at seven agencies, three thousand dollars.
UTAH: For general incidental expenses of the Indian Service in Utah, including traveling expenses of agents, one thousand dollars.
WASHINGTON: For general incidental expenses of the Indian Service in Washington, including traveling expenses of agents, and support and civilization of Indians at Colville and Puyallup agencies, and for pay of employees, twelve thousand dollars.
WYOMING: For general incidental expenses of the Indian Service in Wyoming, including traveling expenses of agents, one thousand dollars.
For salaries of four commissioners appointed under acts of Congress approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars, and said commission shall conclude its work and terminate on or before the first day of July, nineteen hundred and five, and said commission shall cease to exist on July first, nineteen hundred and five: Provided, That said commission shall exercise all the powers heretofore conferred upon it by Congress: And provided further, That the Secretary of the Interior is hereby granted authority to sell at public sale in tracts not exceeding one hundred and sixty acres to any one purchaser, under rules and regulations to be made by the Secretary of the Interior, the residue of land in the Creek Nation belonging to the Creek tribe of Indians, consisting of about five hundred thousand acres, and being the residue of lands left over after allotments of one hundred and sixty acres to each of said tribe. And all the restrictions upon the alienation of lands of all allottees of either of the Five Civilized Tribes of Indians who are not of Indian blood, except minors, are, except as to homesteads, hereby removed, and all restrictions upon the alienation of all other allottees of said tribes, except minors, and except as to homesteads, may, with the approval of the Secretary of the Interior, be removed under such rules and regulations as the Secretary of the Interior may prescribe, upon application to the United States Indian agent at the Union Agency in charge of the Five Civilized Tribes, if said agent is satisfied upon a full investigation of each individual case that such removal of restrictions is for the best interest of said allottee. The finding of the United States Indian agent and the approval of the Secretary of the Interior shall be in writing and shall be recorded in the same manner as patents for lands are recorded.1
Expenses of commissioners and necessary expenses of employees; for clerical help, including secretary of the commission and interpreters, two hundred and forty-two thousand two hundred and ninety-five dollars; contingent expenses of the commission, three thousand dollars: Provided further, That this appropriation may be used by said commission in the prosecution of all work to be done by or under its direction as required by law; in all, two hundred and sixty-five thousand two hundred and ninety-five dollars.
That no proceedings heretofore had with respect to allotments in the Cherokee Nation shall be held invalid on the ground that they were had before there was authority to begin the work of allotment in said nation: Provided, That nothing herein shall be construed as validating any filings heretofore made on lands segregated for the Delaware Indians.
To complete the town site, appraisement, and surveys in the Indian Territory under the provisions of the act of June twenty-eighth, eighteen hundred and ninety-eight, twenty-five thousand dollars: Provided, That said work shall be completed on or before July first, nineteen hundred and five.
To carry out the provisions of section ten of the supplemental agreements with the Creek Nation, as ratified by the act of June thirtieth, nineteen hundred and two, and section thirty-seven of the Cherokee agreement, as ratified by the act of July first, nineteen hundred and two, ten thousand dollars.
For the purpose of placing allottees in the Indian Territory in possession of their allotments, to be expended under the direction of the Secretary of the Interior, thirty thousand dollars: Provided, That no portion of the money herein appropriated for the Indian Territory shall be paid to any person in the service of the United States until such person shall make oath that he has no financial interest with any person or corporation dealing in Indian lands in the Indian Territory.
That the Delaware-Cherokee citizens who have made improvements, or are in rightful possession of such improvements, in the Cherokee Nation at the time of the passage of this act shall have the right to first select from said improved lands their allotments, and thereafter, for a period of six months, shall have the right to sell the improvements upon their surplus holdings of lands to other citizens of the Cherokee Nation entitled to select allotments at a valuation to be approved by an official to be designated by the President for that purpose; and the vendor shall have a lien upon the rents and profits of the land on which the improvements are located for the purchase money remaining unpaid; and the vendor shall have the right to enforce such lien in any court of competent jurisdiction. The vendor may, however, elect to take and retain the possession of the land at a fair cash rental, to be approved by the official so as aforesaid designated, until such rental shall be sufficient to satisfy the unpaid purchase price, and when the purchase price is fully paid he shall forthwith deliver possession of the land to the purchaser: Provided, however, That any crops then growing on the land shall be and remain the property of the vendor, and he may have access to the land so long as may be necessary to cultivate and gather such growing crops. Any such purchaser shall, without unreasonable delay, apply to select as an allotment the land upon which the improvements purchased by him are located, and shall submit with his application satisfactory proof that he has in good faith purchased such improvements.1
For clerical work and labor connected with the sale and leasing of Creek and the leasing of Cherokee lands, fourteen thousand dollars.
To pay R. I. Rea, probate judge of Brown County, Kansas, for services rendered in the appointment of guardians for minor Indians in forty-one cases, the sum of three hundred and eighty dollars, to be immediately available: Provided, That the same when accepted shall be in full settlement of all claims and demands against the United States arising from such transactions.
To enable the Commissioner of Indian Affairs to pay the Commission for allotting the lands belonging to the Kaw Indians, and for preparing and recording deeds, the sum of eight hundred dollars, or so much thereof as may be necessary.
That the Secretary of the Interior is authorized to use five thousand dollars of the twelve thousand dollars appropriated by the act of May twenty-seventh, nineteen hundred and two, to enable him to remove certain Indians, known as Wenatchi, to the Colville Indian Reservation, in the State of Washington, and to properly establish and temporarily maintain them, for the benefit of said Indians in their present homes, in the purchase of agricultural implements, wagons, teams, and in the erection of houses, as in his discretion he may deem proper, to be immediately available: Provided, That the Secretary of the Interior is hereby directed to pay out of said five thousand dollars a sum not exceeding three hundred and fifty dollars to pay the actual expenses of the delegation composed of two Indians representing the Wenatchi Indians now in Washington on behalf of said tribe.
That the Secretary of the Interior be, and he is hereby, authorized and directed, to pay to the intruders in the Cherokee Nation, Indian Territory, who have not heretofore for any reason been paid the amounts due them by appraisement heretofore made for improvements, such payment to be made out of funds now at the disposal of the Secretary of the Interior for such purpose.
To enable the President to cause, under the provisions of the act of February eighth, eighteen hundred and eighty-seven, entitled “An act to provide for the allotment of lands in severalty to Indians,” such Indian reservations as in his judgment are advantageous for agricultural and grazing purposes to be surveyed or resurveyed, for the purposes of said act, and to complete the allotment of the same, including the necessary clerical work, incident thereto in the field and in the Office of Indian Affairs, and delivery of trust patents, so far as allotments shall have been selected under said act, forty thousand two hundred dollars.
For pay of physician, New York Agency, six hundred dollars.
For construction of ditches and reservoirs, purchase and use of irrigating tools and applicances, and purchase of water rights on Indian reservations, in the discretion of the Commissioner of Indian Affairs, under the direction of the Secretary of the Inteior, one hundred and eighty-five thousand dollars, of which thirty-five thousand dollars shall be immediately available: Provided, That the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, may employ superintendents of irrigation, who shall be skilled irrigation engineers, not to exceed four, as in his judgment may be necessary, to secure the construction of ditches and other irrigation works in a substantial and workmanlike manner.
For survey and subdivision of Indian reservations and to lands to be allotted to Indians, and to make allotments in severalty, to be expended by the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, twenty thousand dollars.
For clerical work and stationery in the office of the United States surveyor-general required on surveys within the Pine Ridge Indian Reservation, South Dakota, the sum of three thousand two hundred dollars.
To maintain at the city of Omaha, Nebraska, in the discretion of the Secretary of the Interior, a warehouse for the receipt, storage, and shipping of goods for the Indian service, ten thousand dollars.
To maintain at the city of Saint Louis, Missouri, in the discretion of the Secretary of the Interior, a warehouse for the receipt, storage, and shipping of goods for the Indian service, ten thousand dollars.
To maintain at the city of San Francisco, California, in the discretion of the Secretary of the Interior, a warehouse for the receipt, storage, and shipping of goods for the Indian service, ten thousand dollars, to be immediately available.
The Secretary of the Interior is authorized to cause to be assembled, at the city of Saint Louis, in the State of Missouri, at such time and
for such period as he may designate, and as a part of the Louisiana Purchase Exposition, to be held at the city of Saint Louis, in the State of Missouri, pursuant to an act of Congress entitled “An act to provide for celebrating the one hundredth anniversary of the purchase of the Louisiana Territory by the United States by holding an international exhibition of arts, manufactures, and the products of the soil, mine, forest, and sea in the city of Saint Louis, in the State of Missouri,” approved March third, nineteen hundred and one, such representatives of the different Indian tribes and such exhibits from Indian agencies, schools, and archives as he may deem advisable or necessary to illustrate the past and present conditions of the Indians and the Indian tribes of the United States, and progress made by such in education, art, and industry, and the methods of education and government, and such other matters and things as will fully illustrate Indian advancement in civilization, the details of which shall be in the discretion of the Secretary of the Interior. And for the purpose of carrying into effect this provision the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated; but the Secretary of the Interior is prohibited from making or causing to be made any expenditure or creating any liability on behalf of the United States in excess of the sum hereby appropriated.
To enable the President to cause, under the provisions of the act of March second, eighteen hundred and eighty-nine, entitled “An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes,” to be allotted the lands in said separate reservations as provided in said act, including the necessary resurveys, ten thousand dollars.
For the equipment and maintenance of the asylum for insane Indians, at Canton, South Dakota, for incidental and all other expenses necessary for its proper conduct and management, including pay of employees, and for necessary expense of transporting insane Indians to and from said asylum, twenty-five thousand dollars.
For pay of one special attorney for the Pueblo Indians of New Mexico, one thousand five hundred dollars, and for necessary traveling and incidental expenses of said attorney for the Pueblo Indians of New Mexico, five hundred dollars; in all two thousand dollars.
That the time for opening the unallotted lands to public entry on the Uintah Reservation, in Utah, as provided by the acts of May twenty-seventh, nineteen hundred and two, and March third, nineteen hundred and three, be, and the same is hereby, extended to March tenth, nineteen hundred and five, and five thousand dollars is hereby appropriated to enable the Secretary of the Interior to do the necessary surveying, and otherwise carry out the purposes of so much of the act of May twenty-seventh, nineteen hundred and two, making appropriation for the current and contingent expenses of the Indian Department for the fiscal year nineteen hundred and three, and for other purposes, as provides for the allotment of the Indians of the Uintah and White River Utes in Utah.
The Secretary of the Interior is authorized and directed to withhold from the amount appropriated by act of February ninth, nineteen hundred, to pay the judgment of the Court of Claims in favor of the New York Indians, an additional sum not exceeding five thousand dollars, to be immediately available, and to apply it in the payment of expenses necessary in ascertaining the beneficiaries of said judgment.
That the Secretary of the Interior be, and he is hereby, authorized and directed, upon the sale of lands in Indian Territory covered by coal and asphalt leases, to sell such lands subject to the right of the lessee to use so much of the surface as may be needed for coke ovens, miners’ houses, store and supply buildings, and such other structures as are generally used in the production and shipment of coal and coke.
Lesseesmay use the tipples and underground workings located on any lease in the production of coal and coke from adjoining leases, and are hereby authorized to surrender leased premises to the owner thereof on giving sixty days’ notice in writing to such owner and paying all charges and royalties due to the date of surrender: Provided, however, That nothing herein contained shall release the lessee from the payment of the stipulated royalty so long as such lessee remains in possession of any of the surface of the lands included in his lease for any purpose whatever: And provided, That any lessee may remove or dispose of any machinery, tools or equipment the lessee may have upon the leased lands.
That the Secretary of the Interior be, and he is hereby, authorized and directed to apply the funds derived from grazing now standing to the credit of the Osage Indians in the Treasury, together with such portion of the funds hereafter derived from such source as may be necessary, as a tribal or community fund, in the payment of the balance now remaining due on the claims of certain licensed Indian traders against individual members of the tribe: Provided, That after said debts are paid the proceeds from the rental of pastures (known as grass money) and the royalties from oil and gas shall be applied to the reimbursement of said tribal or community fund of the amount paid out under this provision.
That the act entitled “An act to refer to the Court of Claims certain claims of the Shawnee and Delaware Indians and the freedmen of the Cherokee Nation, and for other purposes,” approved October first, eighteen hundred and ninety, be, and the same is hereby, amended so as to confer upon the Court of Claims the same jurisdiction to determine the claims and rights of those alleged citizens of the Cherokee Nation known as intermarried whites as is therem conferred upon said court relative to the rights and claims of the Shawnee and Delaware Indians and the freedmen of said Cherokee Nation, and said case shall be advanced on the calendar of said Court of Claims and the calendar of the Supreme Court, if the same is appealed. Said court in said judgment shall fix the amount due the attorney or attorneys of record for their legal services, not exceeding the amount stipulated by the contracts between said claimants and said attorneys, and shall in said judgment direct that the accounting officers of the United States shall deduct from the amount due each claimant the attorney fee allowed in said judgment and pay the same directly to said attorneys and shall pay the balance to the claimants.
That the claim of J. Hale Sypher against the Choctaw Nation, for legal and professional services rendered by him to said nation, under an agreement made and entered into between the legally authorized commissioners of said nation and said Sypher on the seventh day of November, eighteen hundred and ninety-one, is hereby referred to the Court of Claims for adjudication; and jurisdiction is hereby conferred upon said court to hear and determine said claim upon the principles of a quantum meruit and without regard to the provisions and requirements of section twenty-one hundred and three of the Revised Statutes; and the said court shall ascertain and determine the character, extent, and value of the services rendered by said Sypher to said nation under said agreement; and the court, having ascertained and determined the amount justly and equitably due and payable from said nation to said Sypher for services rendered by him under said agreement, shall report their findings to the next session of Congress.
All unleased lands which are by section fifty-nine of an act entitled “An act to ratify and confirm an agreement with the Choctaw and Chickasaw Tribes of Indians, and for other purposes,” approved July first, nineteen hundred and two, directed to “be sold at public auction for cash,” and all other unleased lands and deposits of like character in said nations segregated under any act of Congress shall
instead, be sold under direction of the Secretary of the Interior in tracts not exceeding nine hundred and sixty acres to each person, after due advertisement, upon sealed proposals, under regulations to be prescribed by the Secretary of the Interior and approved by the President, with authority to reject any or all proposals: Provided, That the President shall appoint a commission of three persons, one on the recommendation of the principal chief of the Choctaw Nation who shall be a Choctaw by blood, and one upon the recommendation of the governor of the Chickasaw Nation, who shall be a Chickasaw by blood, which commission shall have a right to be present at the time of the opening of bids and be heard in relation to the acceptance or rejection thereof.
All expenses, inclusive of necessary clerical help in the Department of the Interior, connected with and incident to such sale shall be paid from the funds of the Choctaw and Chickasaw Tribes on deposit in the Treasury of the United States: Provided, That all leased lands shall be withheld from sale until the further direction of Congress.
