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of an allotment for each member of the tribe, all tribal lands. Under this agreement 22,650 acres were allotted 280 Indians, 479.72 acres were reserved for agency, school and church purposes, and the remainder opened to settlement by proclamation of the President, May 18, 1895. Subsequently the Secretary of the Interior was authorized to sell 319.72 acres of the lands reserved.

§ 44. Kiowa, Comanche and Apache.-The Kiowas, Comanches and Apaches, by an agreement ratified by Congress June 6, 1900 (Act June 6, 1900, c. 813, § 6, 31 Stat. 676), ceded to the United States their reservation, with the exception of certain pasture lands, and subject to an allotment of 160 acres to be made to each member of the tribe. Under this agreement 445,000 acres were allotted to 3,444 Indians, 11,972 acres were reserved for agency, school, religious, and other purposes, 480,000 acres were set apart as grazing land for the tribe, and 2,033,583 acres opened to settlement under the President's proclamation at various times. 1,841.92 acres were reserved for townsites under the Act of March 20, 1906 (34 Stat. 80, c. 1125), and an additional 82,059.52 acres were allotted to 513 Indians under the Act of June 5, 1906 (34 Stat. 213, c. 2580), and 480 acres allotted to 3 Indians under the Act of June 5, 1906, as amended by the Act of March 1, 1907 (34 Stat. 1018, c. 2285). Subsequently, and under the Act of June 25, 1910 (36 Stat. 855, c. 431), 20,498 acres were allotted to 169 Indians.

The allotments made under the Act of June 5, 1906, were to children born to duly enrolled members of either of said tribes subsequent to June 6, 1900. The allotments made under the Act of June 25, 1910, were to children born to enrolled members of the tribe subsequent to June 5, 1906.

§ 45. Modoc.-There were allotted under the General Allotment Act of 1887 and the amendment thereto of February 28, 1891 (Act Feb. 28, 1891, c 383, 26 Stat. 794), to 68 Modoc Indians, 3,966 acres, and 8 acres were reserved for

church and cemetery purposes, 2 acres for school purposes, and 24 acres for timber.

§ 46. Osage.-There were allotted, under the Osage Allotment Agreement, to 2,230 Indians 2,530,484 acres, and 5,178.53 acres reserved for church, townsite and railroad purposes.

§ 47. Otoe and Missouri.-There were allotted under the General Allotment Act of 1887, and the amendments thereto of February 28, 1891, to 514 Indians, 128,251 acres, 720 acres were reserved for agency, school and cemetery purposes, and 640 acres were set aside for tribal use.

§ 48. Ottawa.-By executive authority there were allotted to 160 Ottawas 18,995 acres, under the General Allotment Act and the amendments thereto, 557.95 acres were sold pursuant to the act of March 3, 1891, and the residue, 1,587.25 acres, is still unallotted tribal domain.

§ 49. Pawnee.-Under an agreement approved March 3, 1893, the Pawnees ceded to the United States their tribal reservation, reserving out of the lands so ceded an allotment for each member of the tribe.

Under this agreement 112,701 acres were allotted to 820 Indians, 840 acres were reserved for school, agency, and cemetery purposes, and the residue, 169,320 acres, was opened to settlement.

§ 50. Peoria.-There were allotted under the General Allotment Act, pursuant to the Act of Congress of March 2, 1889 (25 Stat. 1013, c. 422), to 218 Indians 43,334 acres and the residue, 6,313.20 acres, sold under the Act of May 27, 1902 (32 Stat. 263, c. 888).

§ 51. Ponca.-By executive authority there were allotted to 782 Ponca Indians, out of the Ponca reservation, 100,734 acres of land, under the General Allotment Act of 1887, and there were reserved for agency, school, mission and cemetery purposes 523.56 acres, leaving unallotted and unreserved 320 acres. After the completion of the allot

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ments to the members of the Ponca tribe, Congress, by the Act of April 21, 1904 (33 Stat. 217, c. 1402), directed allotments to be made to every child born to a recognized member of the Ponca tribe prior to that date.

§ 52. Quapaw.-There were allotted, under the Act of March 2, 1895 (28 Stat. 907, c. 188), to 248 Indians, 56,245.20 acres of land, and 400 acres reserved for school and 40 acres for church purposes.

§ 53. Sac and Fox.-By the terms of an agreement entered into between the Sac and Fox Indians and the United States on the 13th day of February, 1891 (Act Feb. 13, 1891, c. 165, 26 Stat. 749), said nation ceded and relinquished to the United States all title and interest of every character in and to the reservation, with the stipulation that each and every citizen of such tribe should have the right to select in allotment one quarter section of land.

Under this agreement 87,683.64 acres of land were allotted to 548 Indians, 800 acres reserved for school and agency purposes, and the residue opened to settlement by President's proclamation on September 18, 1891.

§ 54. Seminole.-There have been allotted to 3,122 Seminole allottees under the Seminole Allotment Agreements 360,463 acres of land, and sold by the Secretary of the Interior 3,296 acres, leaving unallotted and undistributed 160

acres.

Up to May 27, 1908, the Seminole allottees consisted of 2,138 Seminoles by blood and 986 freedmen.

§ 55. Seneca.-There were allotted to 435 Seneca Indians, under the General Allotment Act, and the Act of May 27, 1902, 41,813 acres, and 104.22 reserved for government, church, and school purposes.

The Act of May 27, 1902, adopted the action of the councils of the Eastern Shawnee and of the Seneca Nations or Tribes of the Indian Territory, providing for the allotment of lands to certain minor children, and for other

purposes, passed respectively on the 2d day of December, 1901, and the 8th day of February, 1902.

§ 56. Shawnee.-There were allotted to 117 Shawnee Indians, under the General Allotment Act, and the Act of May 27, 1902, 12,745 acres, and 86 acres reserved for agency purposes, and the residue, 2,543 acres, sold.

The Act of May 27, 1902, adopted the action of the councils of the Eastern Shawnee and of the Seneca Nations or Tribes of the Indian Territory, providing for the allotment of lands to certain minor children, and for other purposes, passed respectively on the 2d day of December, 1901, and the 8th day of February, 1902.

§ 57. Tonkawa.-The Tonkawa Allotment Agreement, approved March 3, 1893, provided for an allotment to be made to each member of the tribe, and the cession of the remainder or residue of the reservation to the United States. Allotments had been made to some of the members of the Tonkawa tribe prior to the making of the allotment agreement, which was approved on March 3, 1893; 11,456 acres being allotted to 73 Indians, 160.50 acres reserved for government and school purposes, and the residue, 79,276.60 acres, opened to settlement.

§ 58. Wichita and affiliated bands.-The Indian Appropriation Act of March 2, 1895, approved an agreement made with the Wichita and affiliated bands for the allotment of the Wichita reservation.

Under this agreement 152,714 acres were allotted to 957 Indians, 4,151 acres reserved for agency, school, religious, and other purposes, and the residue, 586,468 acres, opened for settlement by President's proclamation of July 4, 1901.

§ 59. Wyandotte.-There were allotted, by executive authority, under the General Allotment Act, to 244 members of the Wyandotte Tribe of Indians 20,942 acres, 16 acres reserved for churches, leaving 534.72 acres unallotted and undisposed of.

CHAPTER 9

ALIENATION AND RESTRICTIONS THEREON

§ 60.

61.

62.

63.

64.

Alienation-What constitutes.

Alienation-Restrictions on-Definition.
Alienation-When restricted.

Imposition and extension of restrictions.

Expiration of restrictions on alienation. 65. Removal of restrictions on alienation. 66.

Alienation-Involuntary restrictions on.

§ 60. Alienation-What constitutes.-The Cherokee Allotment Agreement provides that homesteads of Cherokee allottees shall be inalienable during the lifetime of the allottee, not exceeding twenty-one years from the date of certificate of allotment, and that the surplus lands shall not be alienated by the allottee or his heirs before the expiration of five years from the date of the ratification of said act, but that lands in excess of the homestead shall be alienable in five years after issuance of patent.

The Choctaw-Chickasaw Supplemental Agreement provides that the homestead of the allottees of the Choctaw and Chickasaw Tribes, and the allotment of the Choctaw and Chickasaw freedmen shall be inalienable during the lifetime of the allottee, not exceeding twenty-one years from the date of certificate of allotment, and that surplus lands shall be alienable after issuance of patent, etc.

The Supplemental Creek Agreement (Act June 30, 1902, c. 1323, § 16, 32 Stat. 503) provides that lands allotted to citizens shall not be alienated by the allottee or his heirs before the expiration of five years from the approval of such Supplemental Agreement, except upon approval of the Secretary of the Interior. The homestead of Creek allottees. is made inalienable and free from incumbrance for twentyone years from date of deed; but if issue born subsequent to May 25, 1901, does not survive the allottee, he may dispose of such homestead by will free from the limitations imposed in the allotment act, and if he does not so dispose

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