Sioux County pioneer. (Fort Yates, Sioux County, N.D.) 1914-1929, 1915-04-30
Department of the Interior,

Olnce OF Indian Affairs,
Washington, ID. g., May IL, 1914
Section OF the Indian appropriation
act approved March 8. 1901 !3l Stat,
pr. 1858. 1884,, Provides:
That the Secretary Of the Interior is
hereby authorized to grant permission
upon compliance with such require.
ments as he may deem necessary, to the
proper State or local authorities for the
opening and establishment of pubic
highways, in accordance with the laws
OF the State or Territory in which the
lands are situated, through any Indian
reservation or through any LANDS which
have been allotted in severalty to any
individual Indians under any laws or
treaties but which have not been con.
veyed to the allottees with full power of
alienation.
No public road or highway shall be
taollshed or opened across any Indian
reservation or any Indian allotment
held under trust or other patent con
tanning restrictions on alienation until
an application for permission to open
such ROAD or highway shall have been
approved by the Secretary of the Inter.
iOr.
The laws OF the several States respect j.
and the conditions surrounding the
different reservations and allotted lands
likely to be crossed by public roads are
go widely at variance that it is not deem.
ed advisable to formulate other than
general rules governing the manner of
presenting the application for tho grant
OF the permission and the showing made
in support thereof.
In order TO secure the grant OF per
mission to open public highways through
any Indian reservation or over restrict
ed Indian aliottments, local road author
tiles will be required to make formal
application. addressed to the Secretary
OF the Interior. and accompany the same
by satisfactory showing as to the ne.
cessity for the proposed road or highway
and map or plat thereof, in duplicate,
drawn on trac ng linen. shoxil it's
exact location in connection with the
lines OF the public survey where survey.
ed: also it's width and length within the
! reservation or allotted lands Blank
form OF application Is l04) has been pre-
pared for the use OF applicants and
copies will be furnished upon request.
When the proposed road is to be a
part OF main or principal highway, the
names OF the towns which it is intended
to connect by such highway must be
given in the application. Ii it is to be a
branch road, the application must show
the point at which it will connect with
the main highway and give the names
OF the principal towns between which
the main highway lies
Where the lands traversed have been
surveyed, the proposed road or highway
must follow section or allotment lines
as far as practicable, and satisfactory
showing must be made for any depar.
ture therefrom.
The application must be filed with the
superintendent or other officer in charge
OF the Indian lands desired to be eros.
sed, and it shall be the duty of such
officer to examine fully into the circum.
stances and bring the matter to the
attention Of the individual Indians or
tribe affected. Before taking such &C.
ton. however, the superintendent or
officer in charge will estimate the ex.
pense necessary to be incurred in con.
nection Herewith, including travelling
expenses and pei diem, il any, of the
employee designated to appraise the
damages which will be caused to Indian
lands and improvements by the eetab.
lishment of the proposed road and call
on the applicants to make deposit there.
OF. On receipt Of such deposit the
superintendent or officer in charge shall
take up with the authorities and the
Indians the question of damages and ob
tain the views OF each allottee on Form
S l04b. A definite agreement should be
reached. it possible, regarding the
amount Of such damages, if any, to be
paid to the allottee or tribe for right Of
way. and in cases where no actual dam.
ages will result the Indians should be
counseled by the officer in charge to
give the right of way on the same basis
that homesteader would. When the
amount of damages shall have been de.
termined the oeescer 10 charge will call
upon the applicants to make deposit oil
such amount and on receipt thereof
submit the application with a full repor,
on Form S lO4a to the Commissioner ol
Indian Affairs. who will in turn forward
the case to the Secretary Of the Interior
for his consideration and action.
e. b. Merritt,
Assistant Commissioners
DEPARTMENT OF INTERIOR,
June 80, 1914.
Approved: