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ployees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, $$ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

The functions, records, property, etc., of the War Assets Administration were transferred to the General Services Administration and the War Assets Administration was abolished by section 105 of act June 30, 1949. Said section 105 is set out as section 630c of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works. 8 308. Same; property taken over by Secretary of the

Interior. The Secretary of the Interior is, authorized and directed to take over the property as soon as Congress has appropriated the necessary funds to provide for alterations, maintenance, and operation. (Mar. 17, 1949, ch. 22, § 2, 63 Stat. 14.)

State or Territory, except Oklahoma, or through any lands reserved for an Indian agency or for other purposes in connection with the Indian service, or through any lands which have been allotted in seyeralty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, is granted to any railroad company organized under the laws of the United States, or of any State or Territory, which shall comply with the provisions of sections 312–318 of this title and such rules and regulations as may be prescribed thereunder: Provided, That no right of way shall be granted under said sections until the Secretary of the Interior is satisfied that the company applying has made said application in good faith and with intent and ability to construct said road, and in case objection to the granting of such right of way shall be made, said Secretary shall afford the parties so objecting a full opportunity to be heard: Provided further, That where a railroad has heretofore been constructed, or is in actual course of construction, no parallel right of way within ten miles on either side shall be granted by the Secretary of the Interior unless, in his opinion, public interest will be promoted thereby: Provided also, That as a condition precedent to each and every grant of a right of way under authority of said sections, each and every railway company applying for such grant shall stipulate that it will construct and permanently maintain suitable passenger and freight stations for the convenience of each and every town site established by the Government along said right of way. (Mar. 2, 1899, ch. 374, § 1, 30 Stat. 990; Feb. 28, 1902, ch. 134, § 23, 32 Stat. 50; June 25, 1910, ch. 431, $ 16, 36 Stat. 859.)

Chapter 8.-RIGHTS-OF-WAY THROUGH INDIAN

LANDS Sec. 311. Opening highways. 312. Rights-of-way for railway, telegraph, and telephone

lines; town-site stations. 313. Width of right-of-way. 314. Survey; maps; compensation. 315. Time for completion of road; forfeiture. 316. Rights of several roads through canyons. 317. Regulations.

Amendment or repeal of sections. 318a. Roads on Indian reservations; appropriation.

Same; approval of location and design by Bureau

of Public Roads. 319. Rights-of-way for telephone and telegraph lines. 320. Acquisition of lands for reservoirs or materials. 321. Rights-of-way for pipe lines. 322. Application of certain sections to Pueblo Indians. 323. Rights-of-way for all purposes across any Indian

lands. 324. Same; consent of certain tribes; consent of indi

vidual Indians. 325. Same; payment and disposition of compensation. 326. Same; laws unaffected. 327. Same; application for grant by department or

agency. 328. Same; rules and regulations. 8 311. Opening highways.

The Secretary of the Interior is authorized to grant permission, upon compliance with such requirements as he may deem necessary, to the proper State or local authorities for the opening and establishment of public highways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in severalty to any individual Indian under any laws or treaties but which have not been conveyed to the allottee with full power of alienation. (Mar. 3, 1901, ch. 832, § 4, 31 Stat. 1084.)

§ 313. Width of right-of-way.

Such right of way shall not exceed fifty feet in width on each side of the center line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may include grounds adjacent thereto for station buildings, depots, machine shops, sidetracks, turn-outs, and water stations, not to exceed two hundred feet in width by a length of three thousand feet, and not more than one station to be located within any one continuous length of ten miles of road. (Mar. 2, 1899, ch. 374, § 2, 30 Stat. 990; June 21, 1906, ch. 3504, 34 Stat. 330.)

8 314. Survey; maps; compensation.

The line of route of said road may be surveyed and located through and across any of said lands at any time, upon permission therefor being obtained from the Secretary of the Interior: but before the grant of such right of way shall become effective a map of the survey of the line or route of said road must be filed with and approved by the Secretary of the Interior, and the company must make payment to the Secretary of the Interior for the benefit of the tribe or nation, of full compensation for such right of way, including all damage to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the

& 312. Rights-of-way for railway, telegraph, and tele,

phone lines; town-site stations. A right of way for a railway, telegraph, and telephone line through any Indian reservation in any

Interior, in such manner as he may prescribe. Be- title, and to railroad companies obtaining such rights fore any such railroad shall be constructed throughof way. (Mar. 2, 1899, ch. 374, $ 6, 30 Stat. 992.) any land, claim, or improvement, held by individual

8 317. Regulations. occupants or allottees in pursuance of any treaties or laws of the United States, compensation shall be

The Secretary of the Interior shall make all needmade to such occupant or allottee for all property

ful rules and regulations, not inconsistent with secto be taken, or damage done, by reason of the con

tions 312–318 of this title, for the proper execution

tions 3. struction of such railroad. In case of failure to make

and carrying into effect of all the provisions of said amicable settlement with any such occupant or al

sections. (Mar. 2, 1899, ch. 374, § 7, 30 Stat. 992.) lottee, such compensation shall be determined by the

8 318. Amendment or repeal of sections. appraisement of three disinterested referees, to be

Congress reserves the right at any time to alter. appointed by the Secretary of the Interior, who, before

amend, or repeal sections 312–318 of this title entering upon the duties of their appointment, shall

or any portion thereof. (Mar. 2, 1899, ch. 374, take and subscribe before competent authority an

$ 8, 30 Stat. 992.) oath that they will faithfully and impartially discharge the duties of their appointment, which oath, 8 318a. Roads on Indian reservations; appropriation. duly certified, shall be returned with their award to

Appropriations are authorized out of any money the Secretary of the Interior. If the referees cannot in the Treasury not otherwise appropriated for maagree, then any two of them are authorized to make

terial, equipment, supervision and engineering, and the award. Either party being dissatisfied with the

the employment of Indian labor in survey, improvefinding of the referees shall have the right within ment, construction, and maintenance of Indian sixty days after the making of the award and notice

reservation roads not eligible to Government aid of the same, to appeal, if said land is situated in any

under the Federal Highway Act and for which no State or Territory other than Oklahoma, to the

other appropriation is available, under such rules United States district court for such State or Terri and regulations as may be prescribed by the Secretory, where the case shall be tried de novo and the tary of the Interior. (May 26, 1928, ch. 756, 45 Stat. judgment for damages rendered by the court shall be 750.) final and conclusive.

REFERENCES IN TEXT When proceedings are commenced in court as The Federal Highway Act, to which reference is made aforesaid. the railroad company shall deposit the in text, is the act of Nov. 9, 1921, ch. 119, 42 Stat. 212, amount of the award made by the referees with the

For distribution of said act in this Code, see note to section

1 of Title 23, Highways. court to abide the judgment thereof, and then have the right to enter upon the property sought to be

APPROPRIATIONS FOR FISCAL YEARS 1950 AND 1951 condemned and proceed with the construction of the

Section 4 (c) of act June 29, 1948, ch. 732, 62 Stat. 1105,

authorized the appropriation of $6,000,000 for fiscal years railway. Each of the referees shall receive for his 1950 and 1951, respectively, for the carrying out of the compensation the sum of $4 per day while engaged provisions of this section. in the hearing of any case submitted to them under

$ 318b. Same; approval of location and design by sections 312–318 of this title. Witnesses shall re

Bureau of Public Roads. ceive the fees usually allowed by courts within the

The location, type, and design of all roads condistrict where such land is located. Costs, including

structed under the provisions of section 318a of compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad

this title, shall be approved by the Bureau of Public

Roads before any expenditures are made thereon, company. (Mar, 2, 1899, ch. 374, § 3, 30 Stat. 991; Feb. 28, 1902, ch. 134, $ 23, 32 Stat. 50.)

and all such construction done by contract shall

be under the general supervision of the Bureau of 8 315. Time for completion of road; forfeiture.

Public Roads. (June, 16, 1936, ch. 582, § 6, 49 Stat. If any such company shall fail to construct and 1521; Sept. 5, 1940, ch. 715, § 10, 54 Stat. 870: June put in operation one-tenth of its entire line in one 30, 1949, ch. 288, title I, § 103 (a), 63 Stat. 380; 1949 year, or to complete its road within three years after Reorg. Plan No. 7, § 1, eff. Aug. 20, 1949, 14 F. R. 5228, the approval of its map of location by the Secretary 63 Stat. 1070.) of the Interior, the right of way granted shall be

CHANGE OF NAME deemed forfeited and abandoned ipso facto as to

Act Sept. 5, 1940, substituted "Public Roads Administra

tion" for "Bureau of Public Roads." that portion of the road not then constructed and in operation: Provided, That the Secretary may, when

TRANSFER OF FUNCTIONS

The Bureau of Public Roads within the General Serr. he deems proper, extend, for a period not exceeding

Ices Administration was transferred to the Department two years, the time for the completion of any road of Commerce by 1949 Reorg. Plan No. 7. for which right of way has been granted and a part of All functions of the Public Roads Administration were which shall have been built. (Mar. 2, 1899, ch. 374, transferred to the Bureau of Public Roads within the

General Services Administration by section 103 (a) of $ 4, 30 Stat. 991.)

act June 30, 1949. Said section 103 (a) is set out as sec8 316. Rights of several roads through canyons.

tion 630b (a) of Title 5, Executive Departments and Gof.

ernment Officers and Employees. The provisions of section 935 of Title 43 relating to

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS the rights of several railroads through any canyon,

Transfer of functions as effective July 1, 1949, see note pass, or defile are extended and made applicable to set out under section 471 of Title 40, Public Buildings. rights of way granted under sections 312–318 of this Property, and Works.

8 319. Rights-of-way for telephone and telegraph lines

The Secretary of the Interior is authorized and empowered to grant a right of way, in the nature of an easement, for the construction, operation, and maintenance of telephone and telegraph lines and offices for general telephone and telegraph business through any Indian reservation, through any lands held by an Indian tribe or nation in the former Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines shall be subject to his approval. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval; and where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding $5 for each ten miles of line so constructed and maintained; and all such lines shall be constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority; and Congress expressly reserves the right to regulate the tolls or charges for the transmission of messages over any lines constructed under the provisions of this section: Provided. That incorporated cities and towns into or through which such telephone or telegraphic lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities. (Mar. 3, 1901, ch. 832, § 3, 31 Stat. 1083.) 320. Acquisition of lands for reservoirs or materials.

When, in the judgment of the Secretary of the Interior, it is necessary for any railway company owning or operating a line of railway in any Indian reservation to acquire lands in such Indian reservation for reservoirs, material, or ballast pits for the construction, repair, and maintenance of its railway, or for the purpose of planting and growing thereon trees to protect its line of railway, the said Secretary is authorized to grant such lands to any such railway company under such terms and conditions and such rules and regulations as may be prescribed by the said Secretary.

When any railway company desiring to secure the benefits of this provision shall file with the Secretary

of the Interior an application describing the lands which it desires to purchase, upon the payment of the price agreed upon the said Secretary shall cause such lands to be conveyed to the railway company applying therefor upon such terms and conditions as he may deem proper: Provided, That no lands shall be acquired under the terms of this provision in greater quantities than forty acres for any one reservoir, and one hundred and sixty acres for any material or ballast pit, to the extent of not more than one reservoir and one material or gravel pit in any one section of ten miles of any such railway in any Indian reservation: And provided further, That the lands acquired for tree planting shall be taken only at such places along the line of the railway company applying therefor as in the judgment of the said Secretary may be necessary, and shall be taken in strips adjoining and parallel with the right of way of the railway company taking the same, and shall not exceed one hundred and fifty feet in width.

All moneys paid for such lands shall be deposited in the Treasury of the United States to the credit of the tribe or tribes, and the moneys received by said Secretary as damages sustained by individual members of the Indian tribe, which damages shall be ascertained by the Secretary of the Interior and paid by the railway company taking such lands, shall be paid by said Secretary to the Indian or Indians sustaining such damages. The provisions of this section are extended and made applicable to any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation; the damages and compensation to be paid to any Indian allottee shall be ascertained and fixed in such manner as the Secretary of the Interior may direct and shall be paid by the railway company to said Secretary; the damages and compensation paid to the Secretary of the Interior by the railway company taking any such land shall be paid by said Secretary to the allottee sustaining such damages. (Mar. 3, 1909, ch. 263, 35 Stat. 781, 782; May 6, 1910, ch. 204, 36 Stat. 349.)

CROSS REFERENCES Acquisition of lands, see section 465 of this title. 8 321. Rights-of-way for pipe lines.

The Secretary of the Interior is authorized and empowered to grant a right-of-way in the nature of an easement for the construction, operation, and maintenance of pipe lines for the conveyance of oil and gas through any Indian reservation, through any lands held by an Indian tribe or nation in the former Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian Service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation upon the terms and conditions herein expressed. Before title to rights of way applied for hereunder shall vest, maps of definite location shall be filed with and approved by the Secretary of the Interior: Provided, That before such approval the Secretary of the Interior may,

under such rules and regulations as he may prescribe, 43, and the basic Acts of Congress cited in such secgrant temporary permits revocable in his discretion tions are extended over and made applicable to the for the construction of such lines: Provided, That the Pueblo Indians of New Mexico and their lands, construction of lateral lines from the main pipe line under such rules, regulations, and conditions as establishing connection with oil and gas wells on the the Secretary of the Interior may prescribe. (Apr. individual allotments of citizens may be constructed 21, 1928, ch. 400, 45 Stat. 442.) without securing authority from the Secretary of the

CROSS REFERENCES Interior and without filing maps of definite location,

Application of sections 323–328 of this title to this when the consent of the allottee upon whose lands oil section, see section 323 of this title. or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass

8 323. Rights-of-way for all purposes across any In

dian lands. has been obtained by the pipe-line company: Provided further, That in case it is desired to run a pipe

The Secretary of the Interior be, and he is emline under the line of any railroad, and satisfactory

powered to grant rights-of-way for all purposes, arrangements cannot be made with the railroad

subject to such conditions as he may prescribe, over company, then the question shall be referred to the

and across any lands now or hereafter held in trust Secretary of the Interior, who shall prescribe the

by the United States for individual Indians or Indian terms and conditions under which the pipe-line com

tribes, communities, bands, or nations, or any lands pany shall be permitted to lay its lines under said

now or hereafter owned, subject to restrictions railroad. The compensation to be paid the tribes

against alienation, by individual Indians or Indian in their tribal capacity and the individual allottees

tribes, communities, bands, or nations, including the for such right of way through their lands shall be

lands belonging to the Pueblo Indians in New Mexdetermined in such manner as the Secretary of the

ico, and any other lands heretofore or hereafter Interior may direct, and shall be subject to his final

acquired or set aside for the use and benefit of the approval. And where such lines are not subject to

Indians. (Feb. 5, 1948, ch. 45, § 1, 62 Stat. 17.) State or Territorial taxation the company or owner

EFFECTIVE DATE of the line shall pay to the Secretary of the Interior, Section 7 of act Feb. 5, 1948, provided that sections for the use and benefit of the Indians, such annual 323–328 should not become operative until 30 days after

Feb. 5, 1948. tax as he may designate, not exceeding $5 for each ten miles of line so constructed and maintained un- $ 324. Same; consent of certain tribes; consent of inder such rules and regulations as said Secretary may

dividual Indians. prescribe. But nothing herein contained shall be so No grant of a right-of-way over and across any construed as to exempt the owners of such lines from lands belonging to a tribe organized under sections the payment of any tax that may be lawfully as 461–473 and 474–479 of this title; section 473a of sessed against them by either State, Territorial, or this title and sections 358a and 362 of Title 48; and municipal authority. And incorporated cities and sections 501-509 of this title, shall be made without towns into and through which such pipe lines may the consent of the proper tribal officials. Rights-ofbe constructed shall have the power to regulate way over and across lands of individual Indians may the manner of construction therein, and nothing be granted without the consent of the individual herein contained shall be so construed as to deny the Indian owners if (1) the land is owned by more than right of municipal taxation in such towns and cities, one person, and the owners or owner of a majority of and nothing herein shall authorize the use of such the interests therein consent to the grant; (2) the right of way except for pipe line, and then only so far whereabouts of the owner of the land or an interest as may be necessary for its construction, mainte- therein are unknown, and the owners or owner of nance, and care: Provided, That the rights herein any interests therein whose whereabouts are known, granted shall not extend beyond a period of twenty or a majority thereof, consent to the grant; (3) the years: Provided further, That the Secretary of the heirs or devisees of a deceased owner of the land or Interior, at the expiration of said twenty years, may

an interest therein have not been determined, and extend the right to maintain any pipe line con

the Secretary of the Interior finds that the grant will structed under this section for another period not

cause no substantial injury to the land or any owner to exceed twenty years from the expiration of the

thereof; or (4) the owners of interests in the land first right, upon such terms and conditions as he may

are so numerous that the Secretary finds it would deem proper. The right to alter, amend, or repeal

be impracticable to obtain their consent, and also this section is expressly reserved. (Mar. 11, 1904,

finds that the grant will cause no substantial injury ch. 505. $$ 1. 2. 33 Stat. 65: Mar. 2. 1917. ch. 146. & 1. to the land or any owner thereof. (Feb. 5, 1948, ch. 39 Stat. 973.)

45, § 2, 62 Stat. 18.) CROSS REFERENCES

8 325. Same; payment and disposition of compensation. Acquisition of lands, see section 465 of this title.

No grant of a right-of-way shall be made without 8 322. Application of certain sections to Pueblo In- the payment of such compensation as the Secretary dians.

of the Interior shall determine to be just. The comThe provisions of the Statutes of the United pensation received on behalf of the Indian owners States governing the acquisition of rights-of-way shall be disposed of under rules and regulations to be through Indian lands, to wit, sections 311-315, 317, prescribed by the Secretary of the Interior. (Feb. 5, 318, 319, and 321 of this title and section 935 of Title 1948, ch. 45, $ 3, 62 Stat, 18.)

8 326. Same; laws unaffected.

Sections 323–328 of this title shall not in any manner amend or repeal the provisions of sections 7912—793, 795–818, and 820—825s of Title 16, nor shall any existing statutory authority empowering the Secretary of the Interior to grant rights-of-way over Indian lands be repealed. (Feb. 5, 1948, ch. 45, § 4, 62 Stat. 18.) 8 327. Same; application for grant by department or

agency. Rights-of-way for the use of the United States may be granted under sections 323–328 of this title upon application by the department or agency having jurisdiction over the activity for which the right-of-way is to be used. (Feb. 5, 1948, ch, 45, § 5, 62 Stat. 18.) 8 328. Same; rules and regulations.

The Secretary of the Interior is authorized to prescribe any necessary regulations for the purpose of administering the provisions of sections 323–327 of this title. (Feb. 5, 1948, ch. 45, $ 6, 62 Stat. 18.)

Chapter 9.-ALLOTMENT OF INDIAN LANDS Sec. 331. Allotments on reservations; Irrigable and non

irrigable lands. 332. Selectie

Selection of allotments. 333.

Making of allotments by agents. 334. Allotments to Indians not residing on reservations. 335. Extension of provisions as to allotments. 336. Allotments to Indians making settlement. 337. Allotments in national forests. 337a. San Juan County, Utah; discontinuance of allot

ments. 338. Repealed. 339. Tribes excepted from certain provisions. 340. Extension of certain provisions. 341. Power to grant rights-of-way not affected. 342. Removal of Southern Utes to new reservation. 343. Correction of errors in allotments and patents. 344. Cancellation of allotment of unsuitable land. 344a. Cancellation of patent issued to Indian allottee

dying without heirs. 345. Actions for allotments. 346. Proceedings in actions for allotments. 347. Limitations of actions for lands patented in sev.

eralty under treaties. 348. Patents to be held in trust; descent and partition. 848a. Same; extension of trust period for Indians of

Klamath River Reservation. 349. Patents in fee to allottees. 350. Surrender of patent, and selection of other land. 351. Patents with restrictions for lots in villages in

Washington. 352. Cancellation of trust patents within power or reser

voir sites. 352a. Cancellation of patents in fee simple for allot

ments held in trust. 352b. Same; partial cancellation; issuance of new trust

patents. 352c. Reimbursement of allottees or heirs for taxes paid

on lands patented in fee before end of trust. 353. Sections inapplicable to certain tribes. 354.

Lands not liable for debts prior to final patent. 355. Laws applicable to lands of full-blooded members

of Five Civilized Tribes. 356. Allowance of undisputed claims of restricted allot

tees of Five Civilized Tribes. 357. Condemnation of lands under laws of States. 358. Repeal of statutory provisions relating to survey,

classification, and allotments which provide for repayment out of Indian moneys.

8 331. Allotments on reservations; irrigable and non

irrigable lands. In all cases where any tribe or band of Indians has been or shall be located upon any reservation created for their use by treaty stipulation, Act of Congress, or Executive order, the President shall be authorized to cause the same or any part thereof to be surveyed or resurveyed whenever in his opinion such reservation or any part may be advantageously utilized for agricultural or grazing purposes by such Indians, and to cause allotment to each Indian located thereon to be made in such areas as in his opinion may be for their best interest not to exceed eighty acres of agricultural or one hundred and sixty acres of grazing land to any one Indian. And whenever it shall appear to the President that lands on any Indian reservation subject to allotment by authority of law have been or may be brought within any irrigation project, he may cause allotments of such irrigable lands to be made to the Indians entitled thereto in such areas as may be for their best interest, not to exceed, however, forty acres to any one Indian, and such irrigable land shall be held to be equal in quantity to twice the number of acres of nonirrigable agricultural land and four times the number of acres of nonirrigable grazing land: Provided, That the remaining area to which any Indian may be entitled under existing law after he shall have received his proportion of irrigable land on the basis of equalization herein established may be allotted to him from nonirrigable agricultural or grazing lands: Provided further, That where a treaty or Act of Congress setting apart such reservation provides for allotments in severalty in quantity greater or less than that herein authorized, the President shall cause allotments on such reservations to be made in quantity as specified in such treaty or Act, subject, however, to the basis of equalization between irrigable and nonirrigable lands established herein, but in such cases allotments may be made in quantity as specified herein, with the consent of the Indians expressed in such manner as the President in his discretion may require. (Feb. 8. 1887. ch. 119, § 1, 24 Stat. 388; Feb. 28, 1891, ch. 383, § 1, 26 Stat. 794; June 25, 1910, ch. 431, § 17, 36 Stat. 859.)

PRIOR LAW This section was derived from section 1 of act of 1887 as amended by act of 1891 as amended by act of 1910. The said act of 1887 was entitled "An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes" and the derivative section, as originally enacted, provided for allotments of different quantities of land to various classes of Indians, viz., heads of families, single persons over 18 years of age, orphan children under 18 years of age, and other single persons under that age.

It was amended by section 1 of the act of 1891, by substituting for said provisions a clause providing for allotment to each Indian of one-eighth of a section of land, and besides some minor changes, by inserting a proviso for making allotments in the quantity specified, where existing agreements or laws provided for allotments in accordance with the original act.

Said section 1 of said amendatory act was thereafter amended by section 17 of the act of 1910, by making numerous verbal changes, by changing said provision as

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