Page:United States Statutes at Large Volume 45 Part 1.djvu/789

 738 SEVENTIETH CONGRESS. SEss. I. Cu. 741 . 1928 . Choctaw and Chickasaw Nations which by their terms would expire App lS03 s prior to that date : Provided, That application is made by the owners pplicat ions to be made • of the leases for such extension of time : And provided further, That must Ali be paid . due no lease shall be extended until the owner of such lease shall have paid all royalties due thereunder. Authorization for sale SEC . 2 . That the Act of Congress approved February 8, 1918 of o its . and asphalt deposits. (Fortieth Statutes at Large, page 433), as amended and modified Vol.40,p . 433, amend- ed, by the Act of Congress approved February 22, 1921 (Forty-first Vol.41,p. 1107 . Statutes at Large, page 1107), authorizing the sale of the leased and unleased coal and asphalt deposits in the segregated mineral land of the Choctaw and Chickasaw Nations, Oklahoma, be, and the same Pu rc has ers to pay is hereby, amended and modified as follows Within so da ys all 11 That the purchasers of any coal or asphalt deposits in the segre- balances due from gated mineral land of the Choctaw and Chickasaw Nations heretofore them. sold to them are hereby required to pay, within sixty days from the approval of this Act, to the superintendent of the Five Civilized Tribes Agency, or such other official as the Secretary may designate, for the benefit of the Choctaw and Chickasaw Nations, all balances PTOUl303. of principal and interest due from said purchasers on the purchase Discret ionary eaten - price : Provided, That in any case, upon application of the purchaser sion pe rmitted. and showing made by him in support thereof, the Secretary of the Interior may, in his discretion and under such rules, regulations, terms, and conditions as he may prescribe, extend to such purchaser the time within which the purchaser may pay the balances of princi- Time limited. pal and interest due from him : Provided, however, That the time so allowed shall not in any case extend beyond the period of four years Monthl y install- from the date of the approval of this Act : And provided further, mments required. That said purchaser shall be required to pay in equal monthly install- ments, during the extended perio ds, the balan ces of princi pal and security for pay- interest due from him : Provided further, That each purchaser, before meats t o be furnish ed. allowing an extension, shall furnish the Secretary of the Interior secur ity for payme nt of the amou nts due under such extensi on, and upon application and showing made by said purchaser, the Secretary of the Interior may allow such purchaser to pay said balances in Forfeitures of all rights on failure to pay quarterly or semiannual installments : Provided further, That upon an installment in one failure of any purchaser to pay any installment within one month month after becomi ng due. after the same becomes due under the terms of the time extension, the Secretary of the interior is hereby authorized to and shall declare the sale of the coal and asphalt deposits forfeited and canceled in accord- ance with the term s and conditio ns under whic h the sale wa s made, and, upon such forfeiture and cancellation, all amounts paid by such Notification to repre- purchaser, principal and interest, shall become the property of the sentatives of Chicks- tribes. It is herein further provided that when application is made sa ws and Choctaws of by any purchaser for extension of time within which to make pay- applications for eten- sions of time. ment of deferred installments of the purchase price and interest thereon, and before action is taken thereon by the Secretary of the Interior under the provisions of this Act, the governor of the -Chicka- saw Nation and the principal chief of the Choctaw Nation, or other legal representatives of said Indian nations, shall be notified thereof and afforded an opportunity to be heard or to file a written statement Po sse ssi on to be taken of all expired, of their views in the case : Provided, That if any developed coal forfeited, etc., leased or asphalt lease shall expire and the owner of the lease shall not deposits' apply for the renewal thereof, or if the sale of any developed coal or asphalt lease shall be declared forfeited and canceled, the Secre- tary of the Interior is hereby authorized to take possession of said leased deposits and lease the same until September 25, 1932, or take whatever steps may be necessary to preserve and protect such propert y ." Appro ved, M ay 25, 1928.

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