INDIAN HOMESTEADS, ALLOTMENTS, AND 66 RESERVATIONS. See" Railroads "; also Rights of Way." Revised Statutes.-Section 2093-Disposal of Indian lands_ Act of March 3, 1875-Homestead entry by Indians-Alienation of title__ Act of July 4, 1884-Homestead laws made applicable to Indians-No ex- Act of February 16, 1889-Disposal of dead timber.. Page. 205 205 207 208 208 209 214 214 Act of February 28, 1891-Allotments-Leases where allottee disabled- 215 Act of March 3, 1893-Costs in legal contests-District attorneys to represent Indians 217 Act of August 15, 1894--Leases 217 Act of June 7, 1897-Leases__ 218 Act of February 6, 1901-Actions in court to determine right where allotment is denied.. 218 Act of March 2, 1901-Suits in Supreme Court__ 219 Act of May 27, 1902-Inherited lands may be conveyed in fee__ 220 Act of May 31, 1902-State statutes of limitations applicable in suits for profit of lands patented in severalty to Indians___. 220 Act of June 19, 1902-Allotments in severalty outside of Indian Territory 221 221 222 Act of June 21, 1906-Restrictions on alienation-Lands not liable for 223 224 Act of May 29, 1908-Sale on petition of allottee Minors--Fee simple title to heirs-Use of proceeds_-_ Act of March 3, 1909-Grant of lands within Indian reservations to railroads-Allotments on public domain-Lease of mineral lands-Exchange of lands unsuitable for allotment-Irrigation-Religious organizations Act of May 6, 1910-Grants to railroads_ Act of June 25, 1910-Disposal of trust allotment of intestate Indian_ Act of December 21, 1911---Jurisdiction of Indian allotment suits_. Act of May 18, 1916-Heirs of Indian property. Act of June 30, 1919-Mineral leases_ Act of February 14, 1920-Expenses incident to leases, etc. Act of March 3, 1921-Lease of allotments-Minerals_ 225 226 228 238 239 240 239 243 Act of March 3, 1921-Gypsum, limestone, asbestos, etc., mineral. Act of July 28, 1882-Uncompahgre and White River Ute Lands_. CHIPPEWA AGRICULTURAL LANDS.-Act of January 14, 1889- Act of May 23, 1908-Lands subject to homestead entry at $1.25 per acre__ UNITED STATES REVISED STATUTES. Page. 243 244 214 245 245 246 246 247 248 248 248 ceeds of sales of Jan. 9, 1837, SEC. 2093. All moneys received from the sales of lands Disposal of prothat have been or may be hereafter, ceded to the United Indian lands. States by Indian tribes, by treaties providing for the 5 s. 135. investment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same manner that moneys received from the sales of public lands are paid into the Treasury. Survey of Indian reservations. Apr. 8, 1864, SEC. 2115. Whenever it becomes necessary to survey any Indian or other reservations, or any lands, the same shall be surveyed under the direction and control of the 13 S. 41. General Land Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed. Purchases or grants from In S. 730. SEC. 2116. No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any ans Indian nation or tribe of Indians, shall be of any validity, June 30, 1834, in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of one thousand dollars. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty. 36039-23- -14 Driving stock to feed on Indian lands. Ibid. Settling on or surveying lands Ibid. SEC. 2117. Every person who drives or otherwise conveys any stock of horses, mules, or cattle, to range and feed on any land belonging to any Indian or Indian tribe, without the consent of such tribe, is liable to a penalty of one dollar for each animal of such stock. SEC. 2118. Every person who makes a settlement on belonging to In- any lands belonging, secured, or granted by treaty with dians, by treaty the United States to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of one thousand dollars. The President may, moreover, take such measures and employ such military force as he may judge necessary to remove any such person from the lands. Protection of Indians desiring civilized life. June 14, 12 S. 427. SEC. 2119. Whenever any Indian, being a member of any band or tribe with whom the Government has or shall 24. 1862, have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the lands belonging to his tribe allotted to him in severalty, in pursuance of such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him. Indians trespassing upon Indians. Ibid. SEC. 2120. Whenever any person of Indian blood belands of civilized longing to a band or tribe which receives or is entitled to receive annuities from the United States, and who has not adopted the habits and customs of civilized life, and received his lands in severalty by allotment, as mentioned in the preceding section, commits any trespass upon the lands or premises of any Indian who has so received his lands by allotment, the superintendent and agent of such band or tribe shall ascertain the damages resulting from such trespass, and the sum so ascertained shall be withheld from the payment next thereafter to be made, either to the band or tribe to which the party committing such trespass shall belong, as in the discretion of the superintendent he shall deem proper; and the sum so withheld shall, if the Secretary of the Interior approves, be paid over by the agent or superintendent to the party injured. Suspension of chief for trespass. Ibid. Sale of build SEC. 2121. Whenever such trespasser as is mentioned in the preceding section is the chief or head-man of a band or tribe, the superintendent of Indian affairs in his district shall also suspend the trespasser from his office for three months, and shall during that time deprive him of all the benefits and emoluments connected therewith; but the chief or head-man may be sooner restored to his former standing if the superintendent shall so direct. SEC. 2122. The Secretary of the Interior is authorized ings belonging to United to cause all such buildings belonging to the United States Mar. 3, 1843, as have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics, and other per States. 5 S. 611. sons employed amongst the Indians, to be sold whenever the lands on which the same are erected have become the property of the United States, and are no longer necessary for such purposes. with buildings. Ibid. SEC. 2123. The Secretary of the Interior is authorized Sale of lands to cause to be sold, at his discretion, with each of such buildings as are mentioned in the preceding section, a quantity of land not exceeding one section; and on the payment of the consideration agreed for into the Treasury of the United States by the purchaser, the Secretary shall make, execute, and deliver to the purchaser a title in fee simple for such lands and tenements. SEC. 2124. All penalties which shall accrue under this Title shall be sued for and recovered in an action in the nature of an action of debt, in the name of the United States, before any court having jurisdiction of the same, in any State or Territory in which the defendant shall be arrested or found, the one-half to the use of the informer and the other half to the use of the United States, except when the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use. Penalties, how recovered. S. 733. Proceed ings against Ibid. SEC. 2125. When goods or other property shall be seized for any violation of this Title, it shall be lawful for goods. the person prosecuting on behalf of the United States to proceed against such goods, or other property, in the manner directed to be observed in the case of goods, wares, or merchandise brought into the United States in violation of the revenue laws. proof. Ibid. SEC. 2126. In all trials about the right of property in Burden of which an Indian may be a party on one side, and a white person on the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. Extract from the deficiency appropriation Act approved March 3. 1875 (18 Stat. 402-420). Certain Indians SEC. 15. That any Indian born in the United States, entitled to benent who is the head of a family, or who has arrived at the age of homestead. of twenty-one years, and who has abandoned, or may hereafter abandon, his tribal relations, shall, on making satisfactory proof of such abandonment, under rules to be prescribed by the Secretary of the Interior, be entitled to the benefits of the Act entitled "An Act to secure homesteads to actual settlers on the public domain," approved May twentieth, eighteen hundred and sixty-two, and the Acts amendatory thereof, except that the provisions of the eighth section of the said Act shall not be held to apply Alienation incumbrance title. or to entries made under this Act: Provided, however, That of the title to lands acquired by any Indian by virtue hereof shall not be subject to alienation or incumbrance, either by voluntary conveyance or the judgment, decree, or order of any court, and shall be and remain inalienable for a period of five years from the date of the patent Interest of issued therefor: Provided, That any such Indian shall be tribal property. entitled to his distributive share of all annuities, tribal funds, lands, and other property, the same as though he had maintained his tribal relations; and any transfer, alienation, or incumbrance of any interest he may hold or claim by reason of his former tribal relations shall be void.1 homesteader in Proceeds of Indian reservations Treasury. Extract from the deficiency appropriation Act approved March 3, 1883 (22 Stat. 582-590). The proceeds of all pasturage and sales of timber, coal, to be covered into or other product of any Indian reservation, except those of the five civilized tribes, and not the result of the labor of any member of such tribe, shall be covered into the Treasury for the benefit of such tribe under such regulations as the Secretary of the Interior shall prescribe; and the Secretary shall report his action in detail to Congress at its next session. homestead laws missions for en Extracts from the Indian appropriation Act approved July 4, 1884 (23 Stat. 76-96, 98). Provisions of That such Indians as may now be located on public made applicable lands, or as may, under the direction of the Secretary of to Indians. the Interior, or otherwise, hereafter, so locate may avail themselves of the provisions of the homestead laws as fully and to the same extent as may now be done by citizens of the United States; and to aid such Indians in making selections of homesteads and the necessary proofs at the proper land offices, one thousand dollars, or so much Fees and com- thereof as may be necessary, is hereby appropriated; but tries excluded. no fees or commissions shall be charged on account of said entries or proofs. All patents therefor shall be of the Lands to be legal effect, and declare that the United States does and held in trust by will hold the land thus entered for the period of twentyfive years, in trust for the sole use and benefit of the Indian by whom such entry shall have been made, or, in case of his decease, of his widow and heirs according to the laws of the State or Territory where such land is located, and at the expiration of said period the United States will convey the same by patent to said Indian, or his widow and heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatso United States. |