Page:United States Statutes at Large Volume 26.djvu/848

 FIFTY-FIRST CONGRESS. Sess. II. Ch. 383. 1891. 795 where the treaty or act of Congress setting apart such reservation provides for the allotment of lands in severalty to certain classes in qluantity in excess of that herein provided the President, in making a_lotments_upon such reservation, shall allot the land to each individual Indian of said classes belonging thereon in quantit as specified in such treaty or act, and to other Indians belonging thereon in ro other mama. quantity as herein provided: Provided further, That where existing umu- existing agreements or laws provide for allotments in accordance with the "'°°"‘°”'“°"""- provisions of said act of February eighth, eighteen hundred and V¤l.24,p.888. eighty-seven, or in quantities substantially as therein provided, allotments may be made in quantity as specified in this act, with the consent of the Indians, expressed in such manner as the President, in - his discretion, may require: And provided further, That when the oimbntgmwl lands allotted, or any legal subdivision thereof, are onl valuable for wbgrazing purposes, such ands shall be allotted in doubt; quantities." SEO. 2. That where allotments have been made in whole or in part mE¤¤*·i¤•= ¤11¤¤¤¤¤¤ upon any reservation under the provisions of said act of February ¤¤gm¤¤a¤ii°°°° °° °° eighth, eighteen hundred and eig ty-seven, and the quantity of land m such reservation is sufficient to giave each member of the tribe eighty acres, such allotments shall revised and equalized under the provisions of this act: Provided, That no allotment heretofore N¢> •_{1i=;ti¤s sg aiipgproved by the Secretary of the Interior shall be reduced in quan- mum, ° m°°°°° 1 . disc. 3. That whenever it shall be made to appear to· the Secretary L6ases,by ssmuq of the Interior that, by reason of age or other isability, any allottee sig ]g'j§{{§,’§;,{},’,$f,§F,'g under the provisions of said act, or any other act or treaty can not om ¤i¤¤¤1·=•1 from personally and with benent to himself occn y or improve his allot- P""' °°° ment or any part thereof the same may be liaased upon such terms, regulations and conditions as shall be prescribed by such Secretary, T°¤¤¤· ¤*¢· for a term not exceeding three years for farming or grazing, or ten years for mining purposes: Provided, That where lan s are occupied p,,,,,,,,_ y Indians who have bought and paid for the same, and which lands are not needed for farming or agricultural purposes, and are not 1»¤ses,1»y1¤dm. desired for individual allotments, the same may be leased by author- $§‘;§§ °°g,°“h*§";*j ity of the Council speaking for such Indians, for a period not to purcgn-sem exceed live years for grazing, or ten years for mining plurposes in such quantities and upon such terms and conditions as the agent in Rm ,,,,_ charge of such reservation may recommend, subject to the approval of the Secretary of the Interior. Sec. 4. That where any Indian entitled to allotment under existing oemmruunusmy laws shall make settlement upon any surveyed or unsurveyed lands i,"{,”‘u;£°°°*°”°’P"‘* of the United States not otherwise appropriated, he or she shall be entitled, u n application to the loca land office for the district in which the Ignds are located, to have the same allotted to him or her and to his or her children, in quantities and manner as provided in the foregoing section of this amending act for Indians residing upon reservations; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the surveiy of the lands so as to conform thereto; and atents s iall be issue to Patentstoissue. them for such lands in the manner and wid; the restrictions provided vox. m, p. ass. in the act to which this is an amendment. And the fees to which Fmwmwdmm the officers of such local land office would have been entitled had the T¤‘¢¤S¤¤'- such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior. Sec. 5. That for the purpose of determining the descent of land to netsrmanumnorusthe heirs of any deceased ndian under the provisions of the fifth *°°”°·*’°°· section of said act, whenever any male and female Indian shall have WL st P·’*’°- co-habited together as husband and wife according to the custom and