made or to whom a deed has been issued for his or her share of the lands of said tribe in Oklahoma Territory, may sell and convey the lands inherited from such decedent; and, if there be both adult and minor heirs of such inherited lands, then such minors may join in a sale thereof by a guardian duly appointed by the proper court of the county in which said minor or minors may reside, upon an order of such court made upon petition filed by such guardian; all conveyances made under this provision to be subject to the approval of the Secretary of the Interior, under such rules and regulations as he may prescribe.

§ 1012. Commission to adjust claims against the United States. [12]. All claims, of whatever nature, which said Kansas or Kaw Tribe of Indians may have or claim tɔ have against the United States shall be submitted to a commission to be appointed by the Secretary of the Interior from the officers or employees of his Department for investigation, consideration, and settlement; and the United States shall, without delay, render to said tribe of Indians a complete accounting of all moneys agreed to be paid to said tribe to which said tribe may be entitled under any treaty or act of Congress. If the settlement of the claims of said tribe, submitted to said commission (and the accounting) is satisfactory to said tribe, the amount found due shall be placed to the credit of the members of said tribe, according to the terms of this agreement, within one year after the report of said commission is made. But if the settlement of the claims of said tribe or the accounting is not satisfactory to said tribe, or if they are satisfactory and Congress fails to appropriate the money to pay the same within one year after the report of said commission and the accounting, then the said tribe of Indians shall have two years from the date of the report and accounting in which to enter a suit in the Court of Claims, with the right of appeal to the Supreme Court of the United States, by either party, for the amount due or claimed to be due

said tribe from the United States under any treaties or laws of Congress, or for the misappropriation of any of the funds of said tribe or the failure of the United States to pay the money due the tribe. And jurisdiction is hereby conferred upon said United States Court of Claims to hear and determine all claims of said tribe against the United States and to enter judgment thereon. If the question is submitted to said court, it shall settle all the rights, both legal and equitable, of both the said Kansas or Kaw Tribe of Indians and of the United States. The claims submitted to the commission may be submitted by one or more petitions, to be filed by said tribe with said commission. If an action is brought in the Court of Claims, it shall be presented by a single petition, making the United States. party defendant, and shall set forth all the facts on which the said Kansas or Kaw Tribe of Indians bases its claim or claims against the United States, and the said petition may be verified by the agent or attorney of said tribe, upon information or belief as to the existence of such facts, and no other statements or verification shall be necessary. Official letters, papers, reports, and public records, or certified copies thereof, may be used as evidence.

§ 1013. Ratification, etc., requested.-[13]. The said Kansas or Kaw Indians hereby memorialize Congress to ratify and confirm this agreement and to make provision for carrying it into effect: Provided, that if any material amendments are made in this agreement by Congress the same shall not become effective until such amendments are approved by a majority of the adult members of the Kansas or Kaw Tribe of Indians.

§ 1014. Ratification-Amendments.-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the said agreement be, and the same hereby is, accepted, ratified, and confirmed with the following amendments: Strike out

section thirteen and change section fourteen so as to read section thirteen.

Approved July 1, 1902.

§ 1014a. Act of March 3, 1909, authorizing Secretary to sell surplus lands of the Kansas or Kaw and Osage allottees. 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 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 the Osage Tribes of Indians in Oklahoma: Provided, that the sales of the Osage lands shall be subject to the reserved rights of the tribe in oil, gas, and other minerals.1

135 Stat. 778, c. 256.

CHAPTER 67

ALLOTMENT AGREEMENT BETWEEN THE KIOWA, COMANCHE AND APACHE TRIBES OF INDIANS AND THE UNITED STATES, APPROVED JUNE 6, 1900, AND SPECIAL LEGISLATION APPLICABLE

(CHAPTER 813, 31 Stat. 672–676, 1 Kapp. 709. RECITALS AS TO PARTIES AND SIGNATURES OMITTED)

§ 1015. Cession of lands.

1016. Allotments in severalty.

1017. Grazing lands.

1018.

1019.

1020.

1021.

Reservation of land for public schools, etc.

Limit of time for selecting allotment-Proviso-Extension of time, etc.

Allotments to be held in trust for twenty-five years.

Consideration.

1022. Allotments by Interior Department may be governed by this

agreement.

1023. Existing leases confirmed.

1024. Certain persons married into tribes entitled to allotment. 1025.

Ratification.

1026. Special allotment agent, etc.

1026a. Authorizing sale of unallotted tribal lands.

§ 1015. Cession of lands.—[Art. I]. Subject of the allotment of land, in severalty to the individual members of the Comanche, Kiowa, and Apache Tribes of Indians in the Indian Territory, as hereinafter provided for, and subject to the setting apart as grazing lands for said Indians, four hundred and eighty thousand acres of land as hereinafter provided for, and subject to the conditions hereinafter imposed, and for the considerations hereinafter mentioned, the said Comanche, Kiowa, and Apache Indians hereby cede, convey, transfer, relinquish, and surrender, forever and absolutely, without any reservation whatever, express or implied, all their claim, title, and interest, of every kind and character, in and to the lands embraced in the following described tract of country in the Indian Territory to wit: Commencing at a point where the Washita river crosses the ninety-eighth meridian west from Greenwich;

thence up the Washita river, in the middle of the main channel thereof, to a point thirty miles, by river, west of Fort Cobb, as now established; thence due west to the north fork of Red river, provided said line strikes said river east of the one-hundredth meridian of west longitude; if not, then only to said meridian line, and thence due south, on said meridian line, to the said north fork of Red river; thence down said north fork, in the middle of the main channel thereof, from the point where it may be first intersected by the lines above described, to the main Red river; thence down said Red river, in the middle of the main channel thereof, to its intersection with the ninety-eighth meridian of longitude west from Greenwich; thence north, on said meridian line, to the place of beginning.

§ 1016. Allotments in severalty.-[Art. II]. Out of the lands ceded, conveyed, transferred, relinquished, and surrendered by article I hereof, and in part consideration for the cession thereof, it is agreed by the United States that each member of said Comanche, Kiowa, and Apache tribes of Indians over the age of eighteen (18) years shall have the right to select for himself or herself one hundred and sixty (160) acres of land to be held and owned in severalty, to conform to the legal surveys in boundary; and that the father, or, if he be dead, the mother, if members of either of said tribes of Indians, shall have the right to select a like amount of land for each of his or her children under the age of eighteen (18) years; and that the Commissioner of Indian Affairs, or some one by him appointed for the purpose, shall select a like amount of land for each orphan child belonging to either of said tribes under the age of eighteen (18) years.

§ 1017. Grazing lands.-[Art. III]. That in addition to the allotment of lands to said Indians as provided for in this agreement, the Secretary of the Interior shall set aside for the use in common for said Indian tribes four hundred and eighty thousand acres of grazing lands, to be selected