Page:United States Statutes at Large Volume 27.djvu/445

 FIFTY-SECOND CONGRESS. Sxss. H. C11. 32. 1893. 419 for any lands of the tribe, not allotted or selected for allotment by individuals which may be required by the said company for reservoir and dam and adjacent grounds or for right of way or for distributing ditches, which shall be fixed upon the same principle; and such compensation and damages shall be ascertained and adjusted and all surveys made pursuant to such regulations as the Secretary of the Interior shall prescribe, and shall be in all cases subject to his approval. In vmncm in wm. case of inability or refusal of any commissioner to act or continue in ¤*¤¤*•>¤- service, after appointment, the Secretary of the Interior shall by appointment supply such vacancy or vacancies so caused. The Secretary of the Interior shall hx the compensation of such commissioners, not Compensationexceeding that allowed to the commissioners appointed under the provisions of an act of Congress entitled “An act providing for the allot- vu zz, p. ::41. ment of lands in severalty to the Indians residing upon the Umatilla Indian Reservation in the State of Oregon, and granting patents therefor and for other purposes," approved March third, eighteen hundred and eighty-tive, and the same shall be paid by the said Blue Mountain Irrigation and Improvement Company and the Secretary of the Interior may require security for the payment thereof in advance of their appointment. The consent of the Indians upon said reservation consent or mums. to the granting of this right of way and the diversion of the water necessary to the accomplishment of the purposes of said company shall be obtained by the said company in such manner as the Secretary of the Interior shall prescribe, before any right of way under this act shall accrue to this company. In all cases, all lands which have been selected by any individual Indians upon said reservation for allotment, shall be treated and regarded for the purposes of this act as belonging to such Indian allottee; but the Secretary of the Interior may hold any moneys agreed to be paid, or awarded to him, in compensation for _“1;t·'y:_j>¤¢ M i¤¤¤¤ lands sold or taken, or injuries resulting, until the approval by him of ' the allotment and the issuance of patent therefor; but the same shall then be paid over to, or invested for, such Indian owner as the Secretary of the Interior in his discretion may see fit. Payment for land in rsymm m tribes said reservation held by the Indians of said tribe in common, and of all damages awarded to them by reason of the construction of the dam and reservoir, ditch or canal, are to be made to the confederated tribe in common occupying the reservation under the direction of the Score-· tary of the Interior. _ * Sec. 4. That said company shall not assign, transfer, or mortgage its No assignment te. rights of way for any purpose whatever until the said canal shall be '°'° °°"‘P °"°“· completed except however that the company may mortgage said iranchise for the purpose of raising money to construct said reservoir and canals: Provided, That the right herein granted shall be lost and for- mm. feited by said company unless the canal is constructed across the res· °°“'""°“°"· ervation within three years from the passage of this act. Sec. 5. That the right of immediate entry upon the lands of said S¤¤·¤v¤· . reservation for the purpose of making surveys of the line of the ditch or canal of said company is hereby granted, but no right of any kind in or to any part of the right of way or other grounds above mentioned shall vest in said company until plats thereof, made upon actual survey for the definite location of said ditch or canal, including the points for dams, reservoirs and distributing ditches, with the amount of ground requisite for such purposes, shall be filed with the Secretary of the Interior, and until the compensation for said lands and for the services of said commissioners has been lixed and paid. Sec. 6. That any failure in the performance of the conditions pre- Fvrfcirurescribed in this act shall be taken and deemed to work a forfeiture of the rights herein granted, without any act of Congress or judgment of court declaring the same. Sec. 7. Thatthe right to alter, amend, or repeal this act is hereby A¤¤¤d¤¤¤*· m- reserved. Approved, January 12, 1893.