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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 442

442      REPORTS OiF' THE       DEPARTMENT       OF THE     INTERIOR. 
twenty-three hundred and four and twenty-three hundred and five of the Revised
as amended by the Act of March first, nineteen hundred and one, shall not
be abridged: 
Providedfurther, That the price of said lands when entered shall be that
fixed by the appraise- 
ment or by the President, as herein provided for, which shall be paid in
accordance with 
rules and regulations to be prescribed by the Secretary of the Interior,
upon the following 
terms: One-fifth of the purchase price to be paid in cash at the time of
entry, and the bal- 
ance in five equal annual installments, to be paid in one, two, three, four,
and five years, 
respectively, from and after the date of entry. In case any entryman fails
to make the 
annual payments, or any of them, promptly when due, all rights in and to
theland covered 
by his entry shall cease, and any payments theretofore made shall be forfeited
and the entry 
canceled, and the lands shall be reoffered for sale and entry: And provided
further, That the 
lands embraced within such canceled entry shall, after the cancellation of
such entry, be 
subject to entry under the provisions of the homestead law, at the appraised
value until 
otherwise directed by the President, as herein provided. 
When the entryman shall have complied with all the requirements and terms
of the home- 
stead laws as to settlement and residence and shall have made all the required
aforesaid, he shall be entitled to a patent for the lands entered: Provided,
That the entryman 
shall make his final proofs in accordance with the homestead laws within
six years; and that 
aliens who have declared their intention to become citizens of the United
States may become 
such entrymen, but before making final proof and receiving patent they must
have received 
their full naturalization papers: Provided further, That the fees and commissions
to be paid 
in connection with such entries and final proofs shall be the same as those
now provided by 
law where the price of the land is one dollar and twenty-five cents per acre:
And provided 
further, That the Secretary of the Interior may, in his discretion, limit
the quantity of irriga- 
ble land that may be taken by any entryman to eighty acres, but not to less
than that quan- 
tity: And provided further, That when, in the judgment of the President,
no more of the 
said land can be disposed of at the appraised price, he may, by proclamation,
to be repeated 
at his discretion, sell from time to time the remaining lands subject to
the provisions of the 
homestead law, or otherwise as he may deem most advantageous, at such price
or prices, in 
such manner, upon such conditions, with such restrictions, and upon such
terms as he may 
deem best for all the interests concerned. 
The timber on lands classified as timber lands shall be sold at not less
than its appraised 
value, under sealed proposals in accordance with such rules and regulations
as the Secretary 
of the Interior may prescribe. 
The lands classified as mineral lands shall be subject to location and disposal
under the 
mineral-land laws of the United States: Provided, That lands not classified
as mineral-may 
also be located and entered as mineral lands, subject to approval by the
Secretary of the 
Interior and conditioned upon the payment, within one year from the date
when located, of 
the appraised value of the lands per acre fixed prior to the date of such
location, but at not 
less than the price fixed by existing law for mineral lands: Provided further,
That no such 
mineral locations shall be permitted on any lands allotted to Indians in
severalty or reserved 
for any purpose as herein authorized. 
SEC. 4. That the proceeds arising from the sale and disposition of the lands
including the sums paid for mineral lands, exclusive of the customary fees
and commissions, 
shall, after deducting the expenses incurred from time to time in connection
with the 
appraisements and sales, be deposited in the Treasury of the United States
to the credit of 
the Indians belonging and having tribal rights on the Yakima Reservation,
and shall be 
expended for their benefit under the direction of the Secretary of the Interior
in the con- 
struction; completion, and maintenance of irrigation ditches, purchase of
wagons, horses, 
farm implements, material for houses, and other necessary and usseful articles,
as may be 
deemed best to promote their welfare and aid them in the adoption of civilized
pursuits and 
in improving and building homes for themselves on their allotments: Provided,
That a por- 
tion of the proceeds may be paid to the Indians in cash per capita, share
and share alike, if 
in the opinion of the Secretary of the Interior such payments will further
tend to improve 
the condition and advance the progress of said Indians, but not otherwise.
SEc. 5. That the Secretary of the Interior is hereby authorized, in the cases
of entrymen 
and purchasers of lands now irrigated or that may be hereafter irrigated
from systems con- 
structed for the benefit of the Indians, to require such annual proportionate
payments to 
be made as may be just and equitable for the maintenance of said systems:
Provided, That 
in appraising the value of irrigable lands, such sum per acre as the Secretary
of the Interior 
may deem proper, to be determined as nearly as may be by the total cost of
the irrigation 
system or systems, shall be added as the proportionate share of the cost
of placing water on 
said lands, and when the entryman or purchaser shall have paid in full the
appraised value 
of the land, including the cost of providing water therefor, the Secretary
of the Interior shall 
give to him such evidence of title in writing to a perpetual water right
as may be deemed 
suitable: Provided, That the Secretary of the Interior shall have power to
determine and 
direct when the management and operation of such irrigation works shall pass
to the owners 

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