per centum of the amount realized from the sale of the improvements shall be paid over under the direction of the Secretary of the Interior to the owner of the improvements and the appropriation hereinbefore made for this purpose shall be reimbursed out of the five per centum retained from the sale of the said improvements: Provided, That any improvements remaining unsold at the expiration of two years from the time when first offered for sale shall be sold under such regulations and terms of sale, independent of their appraised value, as the Secretary of the Interior may prescribe: Provided further, That persons owning improvements so appraised may remove the same at any time prior to the sale thereof, in which event the appraised value of the improvements and land shall be reduced by deducting the appraised value of the improvements so removed: Provided further, That this section shall not apply to improvements placed on said lands by coal and asphalt lessees for mining purposes, but improvements located on lands leased for mining purposes belonging to, or heretofore paid for by, the Choctaw and Chickasaw Nations shall be appraised and the appraised value thereof shall be added to the appraised value of the land at the time of the sale: Provided further, That where any cemetery now exists on the said segregated coal and asphalt lands, the surface of the land within said cemetery, together with the land adjoining the same, where necessary, not exceeding twenty acres in the aggregate to any one cemetery, and where a church was in existence on said lands on February nineteenth, nineteen hundred and twelve, land not exceeding one acre for each church may, in the discretion of the Secretary of the Interior, be sold to the proper party, association or corporation, under such terms, conditions and regulations as he may prescribe, provided application to purchase the same for such purpose is made within sixty days from the date of the approval of this Act.

That the Act of Congress approved February nineteenth, nineteen hundred and twelve (Public Number ninety-one), being "An Act to provide for the sale of the surface of the

coal and asphalt lands of the Choctaw and Chickasaw Nations, and for other purposes," be, and the same is hereby, amended to provide that the classification and appraisement of such lands shall be completed not later than December first, nineteen hundred and twelve.

LAWS AFFECTING THE OSAGE

NATION.

EXTRACTS FROM

INDIAN APPROPRIATION ACT.

Approved March 3, 1905.

(33 Stat. L. 1061.)

The President is hereby authorized, in his discretion, to allot the lands of any tribes of Indians to the individual members thereof whenever, in his judgment, it is advantageous for such Indians that such allotments be made: Provided, That any allotments which may be made of the Osage Reservation in Oklahoma Territory shall be made subject to the terms and conditions of the lease herein authorized, the same being a renewal as to a part of the premises covered by a certain lease dated March sixteenth, eighteen hundred and ninety-six, given by the Osage Nation of Indians to Edwin B. Foster and approved by the Secretary of the Interior and now owned by the Indian Territory Illuminating Oil Company under assign-ments approved by the Secretary of the Interior, which said lease and all subleases thereof duly executed on or before December thirty-first, nineteen hundred and four, or executed after that date based upon contracts made prior thereto, and which have been or shall be approved by the Secretary of the Interior, to the extent of six hundred and eighty thousand acres in the aggregate, are hereby extended for the period of ten years from the sixteenth day of March, nineteen hundred and six, with all the conditions of said original lease except that from and after the sixteenth day of March, nineteen hundred and six, the royalty to be paid on gas shall be one hundred

dollars per annum on each well, instead of fifty dollars as now provided in said lease, and except that the President of the United States shall determine the amount of royalty to be paid for oil. Said determination shall be evidenced by filing with the Secretary of the Interior on or before December thirtyfirst, nineteen hundred and five, such determination; and the Secretary of the Interior shall immediately mail to the Indian Territory illuminating Oil Company and each sublessee a copy thereof.

That there shall be created an Osage Townsite Commission consisting of three members, one of whom shall be the United States Indan Agent at the Osage Agency, one to be appointed by the Chief Executive of the Osage tribe and one by the Secretary of the Interior, who shall receive such compensation as the Secretary of the Interior may prescribe to be paid out of the proceeds of the sale of the lots sold under this Act.

That the Secretary of the Interior shall reserve from selection and allotment the south half of section four and the north half of section nine, township twenty-five north, range nine east, of the Indian meridian, including the town of Pawhuska, which, except the land occupied by the Indian school buildings, the agency reservoir, the Agent's office, the Council building and the residences of agency employees, and a twenty-acre tract of land including the Pawhuska cemetery, shall be surveyed, appraised and laid off into lots, blocks, streets and alleys by said Townsite Commission, under rules and regulations prescribed by the Secretary of the Interior, business lots to be twenty-five feet wide and residence lots fifty feet wide, and sold at public auction, after due advertisement, to the highest bidder by said Townsite Commission, under rules and regulations as may be prescribed by the Secretary of the Interior, and the proceeds of such sale shall be placed to the credit of the Osage tribe of Indians: Provided, That said lots shall be appraised at their real value exclusive of improvements thereon or adjacent thereto, and the improvements appraised separately: And provided further, That any person,

church, school or other association in possession of any of said lots and having permanent improvements thereon, shall have a preference right to purchase the same at the appraised value, but in case the owner of the improvements refuses or neglects to purchase the same, then such lots shall be sold at public auction at not less than the appraised value, the purchaser at such sale to have the right to take possession of the same upon paying the occupant the appraised value of the improvements. There shall in like manner be reserved from selection and allotment one hundred and sixty acres of land, to conform to the public surveys, including the buildings now used by the licensed traders and others, for a town site at the town of Hominy; and the south half of the northwest quarter and the north half of the southwest quarter of section seven, township twenty-four north, range six east, for a townsite at the town of Fairfax, and the northeast corner, section thirteen, township twenty-four, range five east, consisting of ten acres, to be used for cemetery purposes; and two townsites of one hundred and sixty acres each on the line of the Midland Valley Railroad Company adjacent to stations on said line, not less than ten miles from Pawhuska. And the town lots at said towns of Fairfax and Hominy and at said town sites on the line of the Midland Valley Railroad shall be surveyed, appraised and sold the same as provided for town lots in the town of Pawhuska.