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§ 1102. General Allotment Act made applicable.—[Art. II]. Whereas certain allotments of land have been heretofore made, and are now being made to members of said Citizen Band of Pottawatomie Indians, according to instructions from the Department of the Interior at Washington, under the Act of Congress entitled, "An act to provide for the allotment of lands, 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," approved February eighth, eighteen hundred and eighty-seven, and according to said instructions other allotments are to be made, it is further agreed that all such allotments so made shall be confirmed-all in process of being made shall be completed and confirmed, and all to be made shall be made under the same rules and regulations, as to persons, location and area, as those heretofore made, and when made shall be confirmed. When said allotments shall be so confirmed, and approved by the Secretary of the Interior, the title in each allottee shall be evidenced and protected in every particular, in the same manner and to the extent provided for in the above-mentioned act of Congress:

§ 1103.

School sections, etc.-Provided, that in allotments to be hereafter made, no person shall have the right to select his or her allotment in section sixteen and thirtysix in any congressional township-nor upon any land heretofore set apart in said tract of country for any use by the United States, or for school, school farm, or religious purposes-nor shall said sections sixteen and thirty-six be subject to homestead entry but shall be kept and used for school purposes; nor shall any lands set apart for any use of the United States, or for school, school farm or religious purposes, be subject to homestead entry-but shall be held by the United States for such purposes, so long as the United States shall see fit to use them: And provided further, that all such allotments shall be taken on or before

February eighth, eighteen hundred and ninety-one, when any right to allotment, in any one, shall be deemed waived and forever cease to exist.

§ 1104. Sacred Heart Mission.-And it is specially agreed that the south half of section seven and the north half of section eighteen in township six north, range five east, heretofore set apart by a written agreement between said Citizen Band of Pottawatomie Indians and certain Catholic Fathers, for religious, school, and farm purposes, shall not be subject to allotment or homestead entry, but shall be held by the United States for the Sacred Heart Mission, the name under which said association of Fathers are conducting the church, school, and farm on said land. And in any lawful manner, to be provided by Congress, shall be conveyed to said Fathers for the uses above expressed.

§ 1105. Number of allottees.-[Art. III]. It is further agreed that the number entitled to take and who shall take allotments, including those who have already taken allotments, is fourteen hundred.

But if it shall be ascertained that a greater number than fourteen hundred shall be entitled to and shall take allotments hereunder, then there shall be deducted from the sum hereinafter agreed, to be paid to said Pottawatomie Indians the sum of one dollar for each acre of land allotted to those in excess of said number.

§ 1106. Payments to tribe for lands relinquished.—[Art. IV]. It is further agreed, as a further and only additional consideration for such relinquishment of all title, claim, and interest of every kind and character in [an] and to said lands, that the United States will pay to said Citizen Band of Pottawatomie Indians, in said tract of country, within four months after this agreement shall have been ratified by Congress, the sum of one hundred and sixty thousand dollars for making homes and other improvements on the said allotments. And if it shall be ascertained that said

Citizen Band of Pottawatomie Indians did purchase and pay the United States for the tract of country above described in accordance with the provisions of a treaty between the United States and said Citizen Band of Pottawatomie Indians, proclaimed August seven, eighteen hundred and sixty-eight, and that the United States did retain and yet retains and shall continue to retain of said Indians' funds the sum of one hundred and nineteen thousand seven hundred and ninety dollars and seventy-five cents on account of such purchase, then the United States agrees to pay to said Citizen Band of Pottawatomie Indians the additional sum of one hundred and nineteen thousand seven hundred and ninety dollars and seventy-five cents.

All payments of money herein provided for shall be made per capita to said Indians.

§ 1107. Agreement ratified.-[Art. V]. This agreement shall have effect after it shall have been ratified by the Congress of the United States.

CHAPTER 74

ACT PROVIDING FOR ALLOTMENT OF QUAPAW LANDS, FROM INDIAN APPROPRIATION ACT, APPROVED MARCH 2, 1895

(CHAPTER 188, 28 STAT. 907, 1 Kapp. 566)

§ 1108. Allotments made by National Council accepted.
1109. Inalienable for twenty-five years.

§ 1108. Allotments made by National Council accepted. -That the allotments of land made to the Quapaw Indians, in the Indian Territory, in pursuance of an act of the Quapaw National Council, approved March twenty-third, eighteen hundred and ninety-three, be and the same are hereby ratified and confirmed, subject to revision, correction and approval by the Secretary of the Interior: Provided, however, that any allottee who may be dissatisfied with his allotment shall have all the rights to contest the same provided for in said act of the Quapaw National Council subject to revision, correction, and approval by the Secretary of the Interior. And the Secretary of the Interior is hereby authorized to issue patents to said allottees in accordance therewith.

§ 1109. Inalienable for twenty-five years.-Provided, that said allotments shall be inalienable for a period of twenty-five years from and after the date of said patents: And provided further, that the surplus lands on said reservation, if any, may be allotted from time to time, by said tribe to its members, under the above entitled act.1

1 Goodrum v. Buffalo, 162 Fed. 817, 89 C. C. A. 525; United States v. Abrams (C. C.) 181 Fed. 847; United States v. Abrams, 194 Fed. 83, 114 C. C. A. 160; Tidwell v. Dobson (Okl.) 131 Pac. 693.

CHAPTER 75

AN ACT FOR THE REMOVAL OF RESTRICTIONS ON ALIENATION OF LANDS OF ALLOTTEES OF THE QUAPAW AGENCY, OKLAHOMA, ETC., APPROVED MARCH 3, 1909

(CHAPTER 253, 35 STAT. 751)

§ 1110. Secretary authorized to remove restrictions on alienation of allotted lands in Quapaw Agency except homesteads.

1111. Tribal and agency lands, etc., to be sold.

1112.

1113.

Net proceeds pro rata to Indians.

Patents in fee to religious societies.

1114. Sale of Modoc allotments by Secretary authorized. 1115. Modocs permitted to lease.

§ 1110. Secretary authorized to remove restrictions on alienation of allotted lands in Quapaw Agency except homesteads. 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 authorized, upon application of any adult member of either of the tribes of Indians belonging to the Quapaw Indian Agency in the state of Oklahoma, to remove the restrictions on any part of or all of the lands allotted to such applicant, and permit a sale under such terms and conditions as he may deem for the best interests of the applicant, excepting a tract of not less than forty acres, which shall be designated and held as a homestead: Provided, that this section does not apply to the Modocs.

§ 1111. Tribal and agency lands, etc., to be sold.-[2]. That the Secretary of the Interior be, and he is hereby, authorized to sell all or any of the tribal lands within the jurisdiction of the Quapaw Agency, and all agency, school, or other government buildings on any reservation within the jurisdiction of said agency, at public auction or by sealed bids, under such regulations as he may prescribe; and he is hereby authorized to convey all lands so sold to the purchaser thereof by patents in fee. And all lands within

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