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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I

Indian legislation passed during the second and third sessions of the Fifty-eighth Congress,   pp. 441-471 PDF (16.2 MB)

Page 441

CHAP. 22. An Act To authorize the sale and disposition of surplus or unallotted
lands of the Yakima 
Indian Reservation, in the State of Washington. [Vol. 33, p. 595.] 
Be it enacted by the Senate and House of Representatives of the United States
of America in 
Congress assembled, That the Secretary of the Interior be, and he is hereby,
authorized and 
directed, as hereinafter provided, to sell or dispose of unallotted lands
embraced in the 
Yakima Indian Reservation proper, in the State of Washington, set aside and
established by 
treaty with the Yakima Nation of Indians, dated June eighth, eighteen hundred
and fifty- 
five: Provided, That the claim of said Indians to the tract of land adjoining
their present 
reservation on the west, excluded by erroneous boundary survey and containing
mately two hundred and ninety-three thousand eight hundred and thirty-seven
acres, accord- 
ing to the findings, after examination, of Mr. E. C. Barnard, topographer
of the Geological 
Survey, approved by the Secretary of the Interior April seventh, nineteen
hundred, is 
hereby recognized, and the said tract shall be regarded as a part of the
Yakima Indian Res- 
ervation for the purposes of this Act: Provided further, That where valid
rights have been 
acquired prior to March fifth, nineteen hundred and four, to lands within
said tract by bona 
fide settlers or purchasers under the public-land laws, such rights shall
not be abridged, and 
any claim of said Indians to these lands is hereby declared to be fully compensated
for by the 
expenditure of money heretofore made for their benefit and in the construction
of irrigation 
works on the Yakima Indian Reservation. 
SEC. 2. That allotments of land shall be made, under the direction of the
Secretary of the 
Interior, to any Indians entitled thereto, including children now living
born since the com- 
pletion of the existing allotments who have not heretofore received such
allotments. The 
Secretary of the Interior is also authorized to reserve such lands as he
may deem necessary 
or desirable in connection with the construction of contemplated irrigation
systems, or lands 
crossed by existing irrigation ditches; also lands necessary for agency,
school, and religious 
purposes; also such tract or tracts of grazing and timber lands as may be
deemed expedient 
for the use and benefit of the Indians of said reservation in common: Provided,
That such 
reserved lands, or any portion thereof, may be classified, appraised, and
disposed of from 
time to time under the terms and provisions of this Act. 
SEC. 3. That the residue of the lands of said reservation-that is, the lands
not allotted 
and not reserved-shall be classified under the direction of the Secretary
of the Interior as 
irrigable lands, grazing lands, timber lands, mineral lands, or arid lands,
and shall be 
appraised under their appropriate classes by legal subdivisions, with the
exception of the 
mineral lands, which need not be appraised, and the timber on the lands classified
as timber 
lands shall be appraised separately from the land. The basis for the appraisal
of the timber 
shall be the amount of standing merchantable timber thereon, which shall
be ascertained 
Upon completion of the classification and appraisements the irrigable, grazing,
and arid 
lands, and the timbered lands upon the completion of the classification,
appraisement, and 
the sale and removal of the timber therefrom, shall be disposed of under
the general provi- 
sions of the homestead laws of the United States, and shall be opened to
settlement and 
entry at not less than their appraised value by proclamation of the President,
which procla- 
mation shall prescribe the manner in which these lands shall be settied upon,
occupied, and 
entered by persons entitled to make entry thereof, and no person shall be
permitted to set- 
tle upon, occupy, or enter any of said lands, except as prescribed in such
proclamation, until 
after the expiration of sixty days from the time when the same are opened
to settlement and 
entry: Provided, That the rights of honorably discharged Union soldiers and
sailors of the late 
civil and Spanish wars and the Philippine insurrection, as defined and described
in sections 
a This does not include items of appropriations for the Indian service unless
involve new legislation. 

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