Page:United States Statutes at Large Volume 48 Part 1.djvu/137

 73d CONGRESS. SESS. I. CH. 45. MAY 31, 1933 . 111 authorization of appropriations contained in section 2 hereof, pro- viding for the dismissal of pending and the abandonment of con- templated original proceedings, in law or equity, by, or in behalf of said Pueblo Indian tribes, under the provisions of section 4 of the Pueblo may elect to accept authorized com- Act of June 7, 1924 (43 Stat . L . 636), and the pueblo concerned may pensation. elect to accept the appropriations herein authorized, in the sums herein set for th, in full d ischarg e of al l clai ms to c ompensa tion u nder the terms of said Act, notifying the Secretary of the Interior in Provisos s writing of its election so to do : Provided, That if said election by Indepe f e en tsuits. not said pueblo be not made, said pueblo shall have one year from the made, date of the approval of this Act within which to file any independent suit authorized under section 4 of the Act of June 7, 1924, at the expiration of which period the right to file such suit shall expire Eje c tment suits by limitation : And provided further, That no ejectment suits shall against non-Indians. be filed against non-Indians entitled to compensation under this Act, in less than six months after the sums herein authorized are appro- priated. Vol. 43, p. 64 1, SEC. 7. Section 16 of the Act approved June 7, 1924, is hereby amended. amended to read as follows "SEC. 16 . That if the Secretary of the Interior deems it to be for 'on-Indians - o ay be fr om I re- the best interest of the Indians that any land adjudged by the court sold . or said Lands Board against any claimant be sold, he may, with the consent of the governing authorities of the pueblo, order the sale thereof, under such regulations as he may make, to the highest bidder for cash ; and if the buyer thereof be other than the losing claimant, the purchase price shall be used in paying to such losing claimant the adju dica ted valu e of the imp rove ment s af ores aid, if foun d un der the provisions of section 15 hereof, and the balance thereof, if any, shall be paid over to the proper officer, or officers, of the Indian com- munity, but if the buyer be the losinclaimant, and the value of his improvements has been adjudicated -as aforesaid, such buyer shall be entitled to have credit upon his bid for the value of such improve- ments so adjudicated ." SEC . 8. The attorney or attorneys for such Indian tribe or tribes Attorne ys' fees . shall be paid such fee as m ay be agreed upon by such a ttorney or attorne ys and such In dian t ribe or tribes, but in no c ase sha ll the fee Lim itationn be more than 10 per centum of the sum herein authorized to be appropriated for the benefit of such tribe or tribes, and such attor- ney's fees shall be disbursed by the Secretary of the Interior in accordance herewith out of any funds appropriated for said Indian tribe or tribes under the provisions of the Act of June 7, 1924 (43 Provtso. Stat . L . 636), or this Act : Provided however, That 25 per centum Future services . of the amount agreed upon as attorneys' fees shall be retained by the Secretary of the Interior to be disbursed by him under the terms of the contract, subject to approval of the Secretary of the Interior, between said attorneys and said Indian tribes, providing for further services and expenses of said attorneys in furtherance of the objects set forth in section 19 of the Act of June 7, 1924. SEC. 9. Nothing herein contained shall in any manner be construed Water rightsnotsub- is deprive any of the Pueblo Indians of a prior right to the use of neon us , etc t hrou gh though water from streams running through or bordering on their respective pueblos for domestic, stock-water, and irrigation purposes for the lands remaining in Indian ownership, and such water rights shall not be subject to loss by nonuse or abandonment thereof as long as title to said lands shall remain in the Indians. SE C. 1 0. The sums aut horized to be appropriated under the ter ms Compensation to be and provisions of section 2 of this Act shall be appropriated in three n a llure fre e an nual annual installments, beginning with the fiscal year 1937. Ante, p. 108. Approved, May 31, 1933.