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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 other general acts amendatory thereof and supplemental thereto and shall be subject to all the restrictions and carry all of the privileges incident to allotments made under said act and other general acts amendatory thereof or supplemental thereto."

§ 909a. Authorizing Secretary to make Indian allotments on public domain.-That the Secretary of the Interior be, and he hereby is, authorized, under the direction of the President, to allot any Indian on the public domain who has not heretofore received an allotment, in such areas as he may deem proper, not to exceed, however, eighty acres of agricultural or one hundred and sixty acres of grazing land to any one Indian, such allotment to be made and patent therefor issued in accordance with the provisions of the Act of February eighth, eighteen hundred and eighty-seven (Twenty-fourth Statutes at Large, three hundred and eighty-eight).1o

9 32 Stat. 744.

10 Act March 3, 1909, c. 263, 35 Stat. 782.

BLED.IND.(2d Ed.)—43

CHAPTER 61

ACT OF JUNE 25, 1910, ENTITLED AN ACT TO PROVIDE FOR DETERMINING THE HEIRS OF DECEASED INDIANS, FOR THE DISPOSITION AND SALE OF ALLOTMENTS OF DECEASED INDIANS, FOR THE LEASING OF ALLOTMENTS AND FOR OTHER PURPOSES, WITH AMENDMENT THERETO (CHAPTER 431, 36 STAT. 855)

§ 910. Conferring exclusive jurisdiction upon Secretary to determine the heirs of deceased allottees holding under trust patents. 911. Secretary may partition trust lands of deceased allottee among his heirs.

912. Secretary may sell inherited trust lands under such rules and regulations as he may prescribe.

913. Secretary authorized to issue certificates of competency to Indians holding under trust patents.

914. Disposition of allotted lands held under trust patent, but not applicable to Oklahoma.

915.

Allottee may surrender trust allotment in favor of children on Secretary's approval.

916. Leases of trust allotments authorized on Secretary's approval, but not to exceed five years.

917. Taking conveyance, contract, or mortgage of land held under trust patent made a misdemeanor.

918. Cutting of timber on reservations and trust allotments prohibited.

919. Failure to extinguish fires upon reservations or allotted trust lands made a criminal offense.

920. Mature living and dead timber on unallotted lands may be sold on Secretary's approval.

921. Sale of timber on trust allotments permitted on Secretary's approval.

922.

Section 3 of General Allotment Act amended so as to provide that allotments be made by special agents.

923. Inalienable patents to issue to lots in Indian villages, state of Washington.

924. Allotments under General Allotment Act authorized in Camp Mojave abandoned military reservation.

925. Certain individual allotments in Nevada to be investigated by Secretary of the Interior.

926. Power sites to be reserved in Indian reservation.

927.

928.

Cancellation of trust allotments on power sites by Secretary of the Interior authorized.

Otoe and Missouria Reservation, Oklahoma-Conveyance of tract in for religious purposes authorized.

929. Act to provide for acquiring right of way by railway companies through Indian reservations, approved March 2, 1899, amended.

§ 930. Allotments to Indians out of such lands-Repealing' provision.

931.

Section 1 of the amendment to the General Allotment Act of
February 28, 1891, amended by substitution.

932. Section 4 of amendment to General Allotment Act of 1891 amended by substitution.

933. Use of proceeds from lands on Shoshone or Wind River Reservation, Wyoming, corrected.

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935. Repealing certain provisions of appropriation acts making appropriations for concurrent and contingent expenses. 936. Secretary authorized to pay funds to Sisseton and Wahpeton in Dakota and Minnesota.

937. Authorizing the transfer of surplus property from one Indian reservation to another.

938. 939.

Regulating purchase of Indian supplies.

Grant of lands to Minneapolis, Red Lake & Manitoba Railway Company, Red Lake Indian Reservation, Minnesota, amended.

940. Allotments out of Kiowa, Comanche and Apache Reservation to be made to enrolled members born since June 5, 1906. 941. Conveyance by guardians of Bunnie McIntosh and Mildred McIntosh ratified and confirmed.

942.

Sales of timber on pine lands in Chippewa Indian Reservation, Minnesota.

943. Secretary authorized to withdraw from entry certain lands in Minnesota for Indian village sites.

944.

Classification of lands in Flathead Reservation and sale of certain classes.

945. Act authorizing allotment on Colville Indian Reservation amended.

946.

Allotments to Indians in national forest reservations allowed. 947. Deed to deceased grantor operates to vest title in heirs, dev

isees, or assigns.

948. Only section 32 of this act to apply to Osages and Five Civilized Tribes.

948a. Act of February 14, 1913, amending section 2 of the Act of June 25, 1910.

948b. Act not applicable to Five Civilized Tribes and Osages.

§ 910. Conferring exclusive jurisdiction upon secretary to determine the heirs of deceased allottees holding under trust patents.-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that when any Indian to whom an allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee-simple patent, without having made a will dis

posing of said allotment as hereinafter provided, the Secretary of the Interior, upon notice and hearing, under such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decision thereon shall be final and conclusive. If the Secretary of the Interior decides the heir or heirs of such decedent competent to manage their own affairs, he shall issue to such heir or heirs a patent in fee for the allotment of such decedent; if he shall decide one or more of the heirs to be incompetent he may, in his discretion, cause such lands to be sold:1

§ 911. Secretary may partition trust lands of deceased allottee among his heirs.-[1]. Provided, that if the Secretary of the Interior shall find that the lands of the decedent are capable of partition to the advantage of the heirs, he may cause the shares of such as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor.

§ 912. Secretary may sell inherited trust lands under such rules and regulations as he may prescribe.-[1]. All sales of lands allotted to Indians authorized by this or any other act shall be made under such rules and regulations and upon such terms as the Secretary of the Interior may prescribe, and he shall require a deposit of ten per centum of the purchase price at the time of the sale. Should the purchaser fail to comply with the terms of sale prescribed by the Secretary of the Interior, the amount so paid shall be forfeited; in case the balance of the purchase price is to be paid in deferred payments, a further amount, not exceeding fifteen per centum of the purchase price may be so forfeited for failure to comply with the terms of the sale. All forfeitures shall inure to the benefit of the heirs. Upon payment of the purchase price in full, the Secretary of the Interior shall cause to be issued to the purchaser patent in

1 Bond v. United States (C. C.) 181 Fed. 613; Pel-ata-yakot v. United States (C. C.) 188 Fed. 387; Parr v. Colfax, 197 Fed. 302, 117 C. C.

fee for such land: Provided, that the proceeds of the sale of inherited lands shall be paid to such heir or heirs as may be competent and held in trust subject to use and expenditure during the trust period for such heir or heirs as may be incompetent, as their respective interests shall appear.

§ 913. Secretary authorized to issue certificates of competency to Indians holding under trust patents.-[1]. Provided further, that the Secretary of the Interior is hereby authorized in his discretion to issue a certificate of competency, upon application therefor, to any Indian, or in case of his death, to his heirs, to whom a patent in fee containing restrictions on alienation has been or may hereafter be issued, and such certificate shall have the effect of removing the restrictions on alienation contained in such patent: Provided further, that hereafter any United States Indian agent, superintendent, or other disbursing agent of the Indian service may deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such bank or banks as he may select: Provided, that the bank or banks so selected by him shall first execute to the said disbursing agent a bond, with approved surety, in such amount as will properly safeguard the funds to be deposited. Such bonds shall be subject to the approval of the Secretary of the Interior.

§ 914. Disposition of allotted lands held under trust patent, but not applicable to Oklahoma.-[2]. That any Indian of the age of twenty-one years, or over, to whom an allotment of land has been or may hereafter be made, shall have the right, prior to the expiration of the trust period and before the issue of a fee-simple patent, to dispose of such allotment by will, in accordance with rules and regulations to be prescribed by the Secretary of the Interior: Provided, however, that no will so executed shall be valid or have any force or effect unless and until it shall have been approved by the Commissioner of Indian Affairs and the Secretary of the Interior: Provided further, that sec

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