New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-08
OFFICIAL.
Laws Of the United states Passed at the
Second Session Of the Forty-First
Congress-,
rGENERAL NATURE-No. 81

iOENEhAL NAIUkE-NO. ~
An act to provide for the removal of the
Kansas tribe Of Indians to the Indian
Territory, and to- dispose Of their lands
in Kansas TO actual settlers.
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 here
by, authorized and empowered to cause to
be appraised and sold Sc much of the lands
heretofore owned by the Kansas tribe OF
Indians in the State of Kansas, and which
was ceded TO the United States in trust in
the treaty made by the United States and
said Indians proclaimed November seven
teenth, ammo DOmini eighteen hun
bred and sixty, and which remain IN
sold, in the following manner, viz: The
said Secretary shall appoint three disinter-
ested and competent persons, who shall,
after being duly sworn to perform said ser
vice faithfully and impRrtially, personally
examine and appraise said lands by legal
subdivisions of one hundred and sixty acres
or less, separately from the value of any
improvements on the same, and also the
value Of said improvements, distinguishing
between the improvements made by mem
bers Of said Indian tribe, the United States,
and white settlers, and make return thereof
to the Commissioner of Indian Affairs; pro
vided, that the Secretary of the Interior
may in his discretion, set aside any ap-
praisements that may be made under the
provisions of this section, and cause new
appraisement to be made.
SEC. g That each bona fide settler at the
time occupying any portion of said lands,
and having made valuable improvements
thereon, or the heirs at law of such, who is
a citizen of the United States, or who has
declared his intention to become such, shall
be entitled, at any time within one year
from the approval of said appraisement, to
purchase for cash the land so occupied and
improved by him, not to exceed one hun
bred and sixty acres in each case, at the
appraised value thereof, including the ap-
praised value of any improvements which
may have been made by the United States
or any of said Indians on the same, under
such rules and regulations as the Secretary
of the Interior may prescribe.
SEC. 3. That all the lands mentioned in
the first section of this act now occupied by
bona tide settlers, as mentioned in the sec
Ond section of this act, remaining unsold at
the expiration of one year from the ap-
prevail Of said appraisment, shall be sold at
public sale, after due advertisement, to the
highest bidder for cash, in tracts not exceed
ing one hundred and sixty acres; and all
the lands mentioned in the first section of
this act which shall be unOccupied by bona
fde settlers at the date of such appraise-
ment may be sold at any time after the APP
prevail Of said appraisement, at public sale,
after due advertisement, to the highest
bidder for cash, in tracts not exceeding one
hundred and sixty acres, under such rules
and regulations as the Secretary of the In
terror may prescribe; provided, that in no
case shall any of the lands mentioned in
this act be sold at less than their appraised
value; and provided further, that the Sec
rotary of the Interior may, in his discretion,
open any of said lands remaining unsOld
after having been publicly offered to cash
ntry at their appraised value, subject to
the rights of bona tide ssettlers as provided
for in this act; provided, however, that the
proceeds of the sale of said lands and i'm
provements, after paying the expenses ofsaid
appraisement and sale, shall be applied in
accordance with the provisions of said treaty
in the payment of the liquidated indebted
ness of said Kansas tribe of Indians pro
rata as the same shall be received, and the
excess, if any, shall be distributed to the
said Indians, per capita, in money.
SEC 4. That if said Kansas tribe of In
dams shall signify to the President of the
United States their desire to sell their dimin-
ished reserve, as indicated in said treaty,
including lands held in severalty and in
common, and to remove from the State of
Kansas, and shall so agree in such manner
as the President may prescribe, the Secre-
taFy of the Interior may cause the same to
be appraised in legal subdivisions as herein
before provided for the appraisement of the
sb-called "trust lands" and sold in quanti-
ties not exceeding one hundred and sixty
acres at not less than its appraised value,
after due notice, to the highest bidder or
bidders on sealed bids, including improve
ments of every character, and no prefer
ence shall be given to settlers on any part Of
said diminished reserve, and the appraised
value Of any improvements on any part of
said diminished reserve made by any mem
Der of said tribe shall be paid to him OF
her in person, and the residue of the pro-
ceeds of said sales shall belong to said tribe
in common, fifty per centum of which shall
be placed to their credit on the books of the
treasury, and bear interest at the rate of
Eve per Centum per annum, said interest to
be paid to them semi-annually for the term
of twenty years, after which period the
principal shall be paid to the members of
said tribe per capita, and the remaining
fifty per centum of the proceeds of
sales as aforesaid shall be used in
providing and improving for them
new homes in the Indian Territory,
and in subsisting them until they may
become selfsustaining; provided, that if
any adult member of said tribe to whom
an allotment was assigned under the prOvi-
sion of articles one and two of said treaty
of November, eighteen hundred and sixty,
shall desire to remain upon the same, such
member of said tribe shall, upon satisfying
the Secretary of the Interior that he or she
is the person to whom such allotment was
originally assigned, and that he or she has
since the date Of such assignment, continued
to occupy and cultivate the same, be emit
tied to demand and receive for such allot-
ment patent in fee simple; but such land
so patented shall be exempt from levy, tax
alton or sale during the natural life Of such
Indian.
Approved May 8, 1872.