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34 STAT. 539, p. 542, JUNE 28, 1906.
AN ACT For the division of the lands and funds of the Osage Indians in Oklahoma.
Be it enacted, etc., * * *
SEC. 2. Seventh. * * * And provided further, That nothing herein shall authorize the sale of the oil, gas, coal, or other minerals covered by said lands, said minerals being reserved to the use of the tribe for a period of 25 years, and the royalty to be paid to said tribe as hereinafter provided: And provided further, That the oil, gas, coal, and other minerals upon said allotted lands, shall become the property of the individual owner of the said land at the expiration of said 25 years, unless otherwise provided for by act of Congress.
SEC. 3. That the oil, gas, coal, or other minerals covered by the lands for the selection and division of which provision is herein made are hereby reserved to the Osage tribe for a period of twenty-five years from and after the 8th day of April, 1906; and leases for all oil, gas, and other minerals, covered by selections and division of land herein provided for, may be made by the Osage tribe of Indians through its tribal council, and with the approval of the Secretary of the Interior, and under such rules and regulations as he may prescribe: Provided, That the royalties to be paid to the Osage tribe under any mineral lease so made shall be determined by the President of the United States: And provided further, That no mining of or prospecting for any of said mineral or minerals shall be permitted on the homestead selections herein provided for without the written consent of the Secretary of the Interior: Provided, however, That nothing herein contained shall be construed as affecting any valid existing lease or contract.
A. OSAGE INDIAN ALLOTMENTS.
1. ALLOTMENTS INALIENABLE FOR CERTAIN PERIOD.
1. ALLOTMENTS UNALIENABLE FOR CERTAIN PERIOD.
Under this statute all lands allotted to the members of the Osage Tribe of Indians were made inalienable for a period of 25 years from the date of selection. Alberty, 36 Okla. 490, p. 493.
2. MINERALS INALIENABLE.
Under this act adult members of the Osage tribe to whom certificates of competency were issued by the Secretary of the Interior could sell and convey, or control and dispose of their surplus allotted lands, but could not sell the oil, gas, coal, or other mineral covered by such lands.
Neilson v. Alberty, 36 Okla. 490, p. 493.
Section 2 contains further inhibitions against the sale of oil, gas, coal, or other minerals within the lands owned by the allottees and reserved them to the use of the tribe for a period of 25 years, and all royalties on any such minerals are to be paid to the tribe.
Neilson v. Alberty, 36 Okla. 490, p. 493.
35 STAT. 312, MAY 27, 1908.
OIL, GAS, AND MINERAL.
AN ACT For the removal of the restrictions from part of the lands of allottees of the Five Civilized Tribes.
Be it enacted, etc.
SEC. 2. That all lands other than homesteads allotted to members of the Five Civilized Tribes from which restrictions have not been removed may be released by the allottee if an adult, or by guardian or curator under order of the proper probate court if a minor or incompetent, for a period not to exceed five years, without the privilege of renewal: Provided, That leases of restricted lands for oil, gas or other mining purposes, leases of restricted homesteads for more than one year, and leases of restricted lands for periods of more than five years may be made, with the approval of the Secretary of the Interior, under rules and regulations provided by the Secretary of the Interior, and not otherwise: *
SEC. 3. * * * That no oil, gas, or other mineral lease entered into by any of said allottees prior to the removal of restrictions requiring the approval of the Secretary of the Interior shall be rendered invalid by this act, but the same shall be subject to the approval of the Secretary of the Interior as if this act had not been passed: Provided, That the owner or owners of any allotted land from which restrictions are removed by this act, or have been removed by previous acts of Congress, or by the Secretary of the Interior, or may hereafter be removed under and by authority of any act of Congress, shall have the power to cancel and annul any oil, gas, or mineral lease on said land whenever the owner or owners of said land and the owner or owners of the lease thereon agree in writing to terminate said lease and file with the Secretary of the Interior, or his designated agent, a true copy of the agreement in writing canceling said lease, which said agreement shall be executed and acknowledged by the parties thereto in the manner required by the laws of Olahoma for the execution and acknowledgment of deeds, and the same shall be recorded in the county where the land is situate.
SEC. 14. That the provision of section 13 of the act of Congress approved April 26, 1906 (34 Stat., p. 137), shall not apply to town lots in townsites heretofore established, surveyed, platted, and appraised under the direction of the Secretary of the Interior, but nothing herein contained shall be construed to authorize the conveyance of any interest in the coal or asphalt underlying said lots.
A. FIVE CIVILIZED TRIBES.
1. POWER OF ALIENATION GRANTED.
2. LEASE AS METHOD OF ALIENATION.
1. POWER OF ALIENATION GRANTED.
This act removed restrictions from part of the lands of allottees of the Five Civilized Tribes of Indians and authorized the Secretary of the Interior to consent to lease or alienation of such lands.
Neilson v. Alberty, 36 Okla. 490, p. 498.
2. LEASE AS METHOD OF ALIENATION.
By the use of the term "alienation" in this act Congress intended to include the leasing of lands and intended to remove the restrictions from the leasing of oil lands of the Indian tribes mentioned, treating a lease as a species of alienation, and therefore the approval of the Secretary of the Interior is not essential to the validity of an oil lease of Indian lands except as to land comprising a homestead.
Moore v. Sawyer, 167 Fed. 826, p. 836.
See Eldred v. Okmulgee Loan & Trust Co., 22 Okla. 742.
35 STAT. 444, p. 446, MAY 29, 1908.
COAL AND ASPHALT IN TOWN SITES.
AN ACT To authorize the Secretary of the Interior to issue patents in fee to purchasers of Indian lands under any law now existing or hereafter enacted, and for other purposes.
Be it enacted, etc. * * *
SEC. 7. That in addition to the towns heretofore segregated, surveyed, and scheduled in accordance with law, the Secretary of the Interior be, and he is hereby, authorized to segregate and survey within that part of the territory of the Choctaw and Chickasaw Nation, State of Oklahoma, heretofore segregated as coal and asphalt lands, such other towns, parts of towns, or town lots, as are now in existence, or which he may deem it desirable to establish. He shall cause the surface of the lots in such towns or parts of towns to be appraised, scheduled, and sold at the rates, on the terms, and with the same character of estate as is provided in section 29 of the act of Congress approved June 28, 1898 (30 Stat. 495), under regulations to be prescribed by him. That the provisions of section 13 of the act of Congress approved April 26, 1906 (34 Stat. 137), shall not apply to town lots appraised and sold as provided herein. That all expenses incurred in surveying, platting, and selling the lots in any town or parts of towns shall be paid from proceeds of the sale of town lots of the nation in which such town is situate.
35 STAT. 778, MARCH 3, 1909.
OIL, GAS, AND MINERALS-OSAGE.
AN ACT Authorizing the Secretary of the Interior to sell surplus lands of the Kaw or Kansas and Osage tribes of Indians in Oklahoma.
Be it enacted, etc., That the Secretary of the Interior be, and hereby is, authorized and empowered, upon application to sell, under such rules and regulations as he may prescribe, part or all of the surplus lands of any member of the Kaw or Kansas and Osage tribes of Indians in Oklahoma: Provided, That the sales of the Ösage lands shall be subject to the reserved rights of the tribe in oil, gas, and other minerals.
35 STAT. 781, p. 783, MARCH 3, 1909. LEASE OF MINERAL LANDS-OSAGE.
AN ACT Making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, for the fiscal year ending June 30, 1910.
Be it enacted, etc. * * *
That all lands allotted to Indians in severalty, except allotments made to members of the Five Civilized Tribes and Osage Indians
in Oklahoma, made by said allottee be leased for mining purposes for any term of years as may be deemed advisable by the Secretary of the Interior; and the Secretary of the Interior is hereby authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this paragraph into full force and effect.
The town-lot payments in default shall not work forfeiture if payment, with 10 per cent interest from date of such default, is made before December 1, 1909. All rights to acquire land for allotment by Choctaw and Chickasaw freedmen shall cease December 1, 1910. The surface only of the segregated coal and asphalt lands of the Choctaw and Chickasaw Nation shall be subject to condemnation under the laws of the State of Oklahoma for State penal institutions, county and municipal purposes and for sewers and water systems: Provided, That the title to the surface of any lands so condemned shall revert to the Choctaw and Chickasaw Nation upon its ceasing to be used for the purpose for which it was condemned and the tribal relation is hereby continued for such purpose and no title to any mineral rights in said lands so condemned shall be acquired hereunder.
36 STAT. 455, p. 456, JUNE 1, 1910.
CLASSIFICATION AND DISPOSAL-FORT BERTHOLD RESERVATION.
AN ACT To authorize the survey and allotment of lands embraced within the limits of the Fort Berthold Indian Reservation, in the State of North Dakota, and the sale and disposition of a portion of the surplus lands after allotment, and making appropriation and provision to carry the same into effect.
Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to cause the unsurveyed part of the Fort Berthold Indian Reservation, in the State of North Dakota, to be surveyed, and to sell and dispose of, as hereinafter provided, all the surplus unallotted and unreserved lands within that portion of said reservation lying and being east and north of the Missouri River, and he shall cause an examination to be made of said lands by the Geological Survey; and if there be found any lands bearing coal or other mineral, the Secretary of the Interior is hereby authorized to reserve them from allotment or other disposition until Congress shall provide for their disposal: Provided, That any Indians to whom allotments may have been made within the area described herein may, in case they elect to do so before said lands are offered for sale, relinquish the same and select allotments in lieu thereof within the area in which the additional allotments hereinafter provided for are to be made.
SEC. 7. That the President of the United States shall appoint a commission, consisting of three persons, to inspect, classify, appraise, and value all of the lands described in section 1 of this act that shall not have been allotted in severalty to said Indians or granted or reserved by the terms of this act. The said commissioners shall then proceed to personally inspect and classify and appraise, in 160-acre tracts, all of the remaining lands described in section 1 of this act, except sections 16 and sections 36. In making such classification and appraisement said lands shall be divided into the following
classes: First, agricultural land of the first class; second, agricultural land of the second class; third, grazing land; fourth, timberland; fifth, mineral land, if any, but the mineral and timberlands shall not be appraised. * * *
SEC. 8. That when said commissioners shall have completed the classification and appraisement of all of said lands, and the same shall have been approved by the Secretary of the Interior, the lands shall be disposed of under the provisions of the homestead, mineral, and town-site laws of the United States, except as hereinafter otherwise provided and excepting sections 16 and 36 of each township, which sections are hereby granted to the State of North Dakota for school purposes; and in case either of said sections or parts thereof should be lost to the State by reason of the allotment thereof to any Indian or Indians, or otherwise, the governor of said State, with the approval of the Secretary of the Interior, is hereby authorized, within the area described in section 1 of this act, to select other unoccupied, unreserved, nonmineral lands, which selections must be made at least 30 days prior to the date fixed by the President's proclamation opening the surplus lands to settlement.
38 STAT. 681, AUGUST 3, 1914 (PUBLIC NO. 162, 63D CONGRESS).
AN ACT To provide for the disposal of certain lands in the Fort Berthold Indian
Be it enacted, That the lands in the Fort Berthold Indian Reservation, North Dakota, which on account of their containing coal were reserved from allotment and other disposition under the act of June 1, 1910, entitled "An act to authorize the survey and allotment of lands embraced within the limits of the Fort Berthold Indian Reservation, in the State of North Dakota, and the sale and disposition of a portion of the surplus lands after allotment, and making appropriation and provision to carry the same into effect" (36 Stat., 455), shall be subject to disposal under the provisions of said act: Provided, That patents issued for such lands shall contain a reservation to the United States of any coal that such lands may contain, to be held in trust for the Indians belonging to and having tribal rights on the Fort Berthold Indian Reservation, but any entryman shall have the right at any time before making final proof of his entry, or at the time of making such final proof, to a hearing for the purpose of disproving the classification as coal land of the land embraced in his entry, and if such land is shown not to be coal land a patent without reservation shall issue.
SEC. 2. That the coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal-land laws in force at the time of such disposal, and the proceeds arising from the disposal of such coal deposits or from the leasing or working thereof shall be deposited in the Treasury of the United States and shall be applied in the same manner as the proceeds derived from the disposition of the lands embraced in the Fort Berthold Indian Reservation. Any person qualified to acquire coal deposits or the right to mine and remove the coal under the laws of the United States shall have the right at all times to enter upon the lands selected, entered, or patented, as provided by this act, for the