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July 24, 1947

(H. R. 2886) (Private Law 87)

61 Stat. 999

Richard Little Light.

August 1, 1947

1S. 794) (Private Law 1211

61 Stat. 1012

range 33 east, Montana principal meridian, containing forty and fifteen one-hundredths acres: Provided, That such I portion of the proceeds received from the sale of the land as may be approved by the Superintendent of the Crow Indian Agency shall be reinvested in Indian-owned inherited lands on the reservation.

Approved, July 24, 1947. [CHAPTER 319)

AN ACT Authorizing the sale, under supervision, of land of Richard Little Light. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior or his authorized representative, may, in his discretion, sell under existing regulations, for the benefit of Richard Little Light, of Wyola, Montana, the following-described lands situated in the State of Montana: The south half of the southwest quarter of section 35, township 1 south, range 33 east, Montana principal meridian, containing eighty acres: Provided, That such portion of the proceeds received from the sale of the land as may be approved by the Superintendent of the Crow Indian Agency shall be reinvested in Indian-owned inherited lands on the reservation.

Approved, July 24, 1947.
[CHAPTER 443]

AN ACT
To authorize the sale of a small tract of land on the Cherokee Indian Reservation,

North Carolina.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That with the
consent of the authorized tribal authorities of the Eastern Band of
Cherokee Indians, the Secretary of the Interior is authorized to issue
a license to the Methodist Church to use from two to four acres of
tribal land on the Cherokee Indian Reservation, North Carolina, for so
long a time as such land may be used for church purposes, including
the construction of a church building and a parsonage. The license
shall be issued by the Secretary of the Interior or his authorized
representative upon such terms and conditions as may be mutually
agreeable to the parties, and may be revoked only if and when the
land ceases to be used for the purposes for which said license is issued.

Approved, August 1, 1947. [CHAPTER 466)

AN ACT Authorizing the issuance of a patent in fee to Daniel Broken Leg. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the Secretary of the Interior is authorized and directed to issue to Daniel Broken Leg, of Chadron, Nebraska, a patent in fee to the following-described lands situated on the Rosebud Indian Reservation in the State of South Dakota: Allotment numbered 4316, northeast quarter, section 33, township 100 north, range 78 west, of the fifth principal meridian, Tripp County, South Dakota.

Approved, August 4, 1947.

Methodist Church.
Use of certain land.

License.

August 4, 1947

H. R. 36961 (Private Law 125)

61 Stat. 1014

Daniel Broken Leg.

PUBLIC LAWS OF THE EIGHTIETH CONGRESS, SECOND SESSION, 1948

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January 19, 1948

H. R. 4055) (Public Law 398)

62 Stat. 4

To provide increases in the rates of pension payable to veterans of Indian wars and

the dependents of such veterans.

Veterans of Indian wars.

Pension rates.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all monthly rates of pension payable to veterans of the Indian wars and dependents of such veterans which are payable under any public laws administered by the Veterans' Administration are hereby increased by 20 per centum.

The increases provided by this section shall be effective from the first day of the second calendar month following the date of enactment of this Act.

Approved, January 19, 1948.

[CHAPTER 44]

AN ACT

February 5, 1948

(H. R. 2361) (Public Law 406)

62 Stat. 17

Indian lands.
Actions to quiet title.

Jurisdiction of courts.

To authorize the filing of actions in State courts to quiet title to lands described in a treaty between the United States and the Delaware Indians, dated October 3, 1818.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) an action may be brought by any person against any Indian or the heirs of any Indian, and/or the unknown heirs, devisees, or assigns of any Indian, who was or were granted, or was or were to have granted to him or them, land by virtue of a treaty between the United States and the Delaware Indians, dated October 3, 1818 (7 Stat. 188), which contained a condition that such lands should never be conveyed or transferred without the approbation of the President of the United States, for the purpose of determining and quieting the question of title to such land, in cases where there is no deed or record showing a conveyance by the Indian, or his heirs, to whom the land was granted, and where the records of the county in which the land is located show that the present record owners, or their grantees, immediate and remote, have claimed title to said land and have paid the taxes on said land for more than seventy-five years.

(b) Such actions may be brought in the State courts having jurisdiction, in the county in which such real estate is located, to hear actions to quiet title, shall be brought in the same manner and under the same rules as other suits may be brought to quiet title where there is a defect in the record title to real estate, and service may be had on the Indian, or his heirs, to whom the real estate was granted, and/or his unknown heirs and assigns, in the same manner as service may be acquired upon persons generally, and their unknown heirs and assigns, in suits to quiet title in such State court, the same as though such treaty had not contained any condition or requirement with respect to securing the approbation of the President of the United States prior to the making of any conveyance or transfer of such lands, the same as though such Indians had never been wards of the United States, and regardless of whether or not the heirs of such Indians are now wards of the United States.

(c) Any Indian who is now a ward of the Government of the United States who may or might have any right, interest, or title in or to any of the lands granted to an Indian or Indians under such treaty shall assert such right, title, or interest not later than September 1, 1948, if such right, title, or interest would be barred or extinguished except for the fact that such Indian is a ward of the Government of the United States; and any such right, title, or interest which otherwise would be barred, shall not be asserted after September 1, 1948.

Approved, February 5, 1948.

Wards of U. S. Gov. ernment.

[CHAPTER 45]

AN ACT To empower the Secretary of the Interior to grant rights-of-way for various purposes across lands of individual Indians or Indian tribes, communities, bands or nations.

February 5, 1948

(H. R. 3322) [Public Law 407]

62 Stat. 17

Indian lands.
Rights-of-way.

118

25 U. S. C. 88 461-479.

25 U. S. C. $ 473a; 48 U.S. C. $ 358a.

25 U. S. C. $8501-509; Supp. I, $ 502.

Post, p.991.

Grants without owners' consent.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, empowered to grant rights-of-way for all purposes, subject to such conditions as he may prescribe, over and across any lands now or hereafter held in trust by the United States for individual Indians or Indian tribes, communities, bands, lor nations, or any lands now or hereafter owned, subject to restrictions against alienation, by individual Indians or Indian tribes, communities, bands, or nations, including the lands belonging to the Pueblo Indians in New Mexico, and any other lands heretofore or hereafter acquired or set aside for the use and benefit of the Indians.

SEC. 2. No grant of a right-of-way over and across any lands belonging to a tribe organized under the Act of June 18, 1934 (48 Stat. 984), as amended; the Act of May 1, 1936 (49 Stat. 1250); or the Act of June 26, 1936 (49 Stat. 1967), shall be made without the consent of the proper tribal officials. Rights-of-way over and across lands of individual Indians may be granted without the consent of the individual Indian owners if (1) the land is owned by more than one person, and the owners or owner of a majority of the interests therein consent to the grant; (2) the whereabouts of the owner of the land or an interest therein are unknown, and the owners or owner of any interests therein whose whereabouts are known, or a majority thereof, consent to the grant; (3) the heirs or devisees of a deceased owner of the land or an interest therein have not been determined, and the Secretary of the Interior finds that the grant will cause no substantial injury to the land or any owner thereof; or (4) the owners of interests in the land are so numerous that the Secretary finds it would be impracticable to obtain their consent, and also finds that the grant will cause no substantial injury to the land or any owner thereof.

SEC. 3. No grant of a right-of-way shall be made without the payment of such compensation as the Secretary of the Interior shall determine to be just. The compensation received on behalf of the Indian owners shall be disposed of under rules and regulations to be prescribed by the Secretary of the Interior.

SEC. 4. This Act shall not in any manner amend or repeal the provisions of the Federal Water Power Act of June 10, 1920 (41 Stat. 1063), as amended by the Act of August 26, 1935 (49 Stat. 838), nor shall any existing statutory authority empowering the Secretary of the Interior to grant rights-of-way over Indian lands be repealed hereby.

SEC. 5. Rights-of-way for the use of the United States may be granted under this Act upon application by the department or agency having jurisdiction over the activity for which the right-of-way is to be used.

SEC. 6. The Secretary of the Interior is hereby authorized to prescribe any necessary regulations for the purpose of administering the provisions of this Act.

SEC. 7. This Act shall not become operative until thirty days after its approval.

Approved, February 5, 1948.

Compensation.

16 U. S. C. $$ 792825r; Supp. I, $ 809 note.

Post, p. 275.

Rights-of-way for use of U.S.

Regulations.

Effective date.

February 5, 1948

(

HR. 3326) (Public Law 408]

62 Stat. 18

[CHAPTER 46)

AN ACT
To provide for the granting of certificates of competency to certain members of the

Osage Indian Tribe in Oklahoma, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
the Interior shall issue a certificate of competency to each member of
the Osage Tribe of less than one-half Indian blood heretofore or
hereafter attaining the age of twenty-one years; and shall thereupon

Osage Indian Tribe.

Certificates of competency.

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pay and deliver to such member, or to his legal guardian if such member has been declared incompetent by a court of competent jurisdiction, all money, property, and funds theretofore accrued or here-l after accruing to the individual credit of such member; and all payments to the legal guardian of such member may be expended without the approval of the superintendent of the Osage Agency: Provided, That all restrictions against alienation of the property of every kind and character, except headright shares or interests in the Osage tribal mineral estate, of members of the Osage Tribe who now have, or may hereafter receive, a certificate of competency, are hereby removed.

Approved, February 5, 1948.

Removal of restrictions.

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Authorizing the sale of undisposed of lots in Michel addition to the town of Polson,

Montana.

February 25, 1948

(S. 1507) (Public Law 416)

62 Stat. 35

Polson, Mont.
Sale of lots.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to sell, under existing rules and regulations, the undisposed of lots in blocks 3, 4, and 5, in the Michel addition to the city of Polson, Montana, said lots being embraced in the trust allotment of Angeline Michel, deceased, Flathead allottee numbered 1914.

Approved, February 25, 1948.

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February 26, 1948

(H. R. 3503) (Public Law 417)

62 Stat. 35

Alaska.
Townsite lands.

48 U. S. C. $ 355. 48 U. S. C. $ 355c.

To permit the issuance of unrestricted deeds for town-site lands held by Alaska

natives, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the trustee or trustees to whom a patent has been issued for a townsite surveyed pursuant to section 11 of the Act of March 3, 1891 (26 Stat. 1095), or section 3 of the Act of May 25, 1926 (44 Stat. 629), upon a finding by the Secretary of the Interior or his authorized representative that any Alaska native who claims and occupies a tract of land within such townsite is competent to manage his own affairs and has petitioned the Secretary or his authorized representative for an unrestricted deed, or shall issue to such native an unrestricted deed, and thereafter all restrictions as to sale, encumbrance, or taxation of said lands shall be removed, but said land shall not be liable to the satisfaction of any debt, except obligations owed the Federal Government, contracted prior to the issuing of such deed.

Approved, February 26, 1948.

(CHAPTER 73]

AN ACT

February 27, 1948

(S. 522) [Public Law 418)

62 Stat. 35

L'Anse, Mich.
Conveyance.

To authorize the sale of certain lands of the L'Anse Band of Chippewa Indians,

Michigan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized, in his discretion, to sell for the sum of $2,015 and convey to the village of L'Anse, Michigan, certain tribal land and allotted Indian lands described as the southeast quarter of the southeast quarter of section 32, township 51 north, range 32 west, the north half northwest quarter of section 1, the south half northeast quarter of section 2, township 50 north, range 33 west, Michigan

meridian, Michigan, containing one hundred and seventy-seven and twenty-nine one-hundredths acres, more or less. The sale of the tribal land shall be made only with the consent of the tribal council. The proceeds of the sale of the tribal lands, $640, shall be delivered to the bonded disbursing officer of the Great Lakes Indian Agency, Ashland, Wisconsin, to be credited to the tribal funds of the Keweenaw Bay Indian Community. The proceeds of the sale of the allotted lands, $1,375, are to be placed to the credit of the various heirs in their respective individual Indian accounts by the disbursing officer of the Great Lakes Indian Agency. Such funds, received from the sale of these lands, may be reinvested in other lands, in accordance with and subject to the provisions of the Act of June 18, 1934 (48 Stat. 984), as amended.

Approved, February 27, 1948.

25 L'.S. C. 98 461-479.

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February 27. 1948

(S. 1185) [Public Law 4191

62 Stat. 36

Albuquerque Indian

pol. N. Mex. Sale of land.

To authorize the Secretary of the Interior to dispose of certain lands heretofore

acquired for the Albuquerque Indian School, New Mexico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the Secretary of the Interior is hereby authorized, in his discretion and subject to such terms and conditions as he may prescribe, to sell or exchange all or any part of those certain areas heretofore acquired for the Albuquerque Indian School, New Mexico, situated within tracts numbered 97a, 97b, and 98 as shown on the Middle Rio Grande Conservancy District map, comprising approximately thirty and seventy-five one-hundredths acres. In effecting any sale or exchange hereunder the Secretary of the Interior is authorized to execute such deeds or other instruments as may be necessary to transfer the title to any land so sold or exchanged. Any exchanges of land effected pursuant to this Act shall be on an equal value basis.

SEC. 2. That the proceeds derived from any sale made under authority of this Act shall be deposited in the Treasury of the United States as school revenues, pursuant to the Act of May 27, 1926 (44 Stat. 560), and shall be available in the discretion of the Secretary of the Interior for the purchase of other lands and improvements or interests therein for the use of said Albuquerque Indian School.

Approved, February 27, 1948.

Proceeds.

25 U. S. C. $ 155.

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February 27, 1948

(S. 1591) (Public Law 4201

62 Stat. 36

Fort Peck project.

Transfer of transmission lines, etc.

16 U. S. C. $$833833k.

To transfer certain transmission lines, substations, appurtenances, and equipment in

connection with the sale and disposition of electric energy generated at the Fort Peck project, Montana, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in aid of the administration of the Fort Peck project, there is hereby granted to the United States, for use by the Bureau of Reclamation, Department of the Interior (hereinafter referred to as the “Bureau"), in the discharge of its duties pursuant to the Act of May 18, 1938 (52 Stat. 403), the electric-transmission lines, substations, rights-of-way, and other property described in section 7 of that certain permit and memorandum of understanding, dated November 2, 1945, between the Bureau and the Office of Indian Affairs, Department of the Interior (hereinafter referred to as the "Indian Office"): Provided, however, That the Bureau shall continue to furnish electric service for the uses and purposes of the Indian Office on the Fort Peck Indian Reservation, pursuant to the terms and conditions of said permit and memorandum

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