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§ 456. Same; provisions inapplicable to Oklahoma.

CODIFICATION

Section, act Apr. 16, 1934, ch. 147, § 5, 48 Stat. 596, was omitted from amendatory re-enactment of said act by act June 4, 1936, ch. 490, 49 Stat. 1458.

PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES

§ 461. Allotment of land on Indian reservations.

No land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian. (June 18, 1934, ch. 576, § 1, 48 Stat. 984.)

CROSS REFERENCES

Allotments on reservations, see section 331 of this title. Reservations wherein a majority of the adult Indians vote against application of act of which this section is a part, see section 478 of this title.

Territories, colonies, or insular possessions of United States and certain Indian tribes, application to, see sections 473 and 473a of this title.

§ 462. Existing periods of trust and restrictions on alienation extended.

The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are extended and continued until otherwise directed by Congress. (June 18, 1934, ch. 576, § 2, 48 Stat. 984.)

CROSS REFERENCES

Reservations wherein a majority of the adult Indians vote against application of act of which this section is a part, see section 478 of this title.

Territories, colonies, or insular possessions of United States and certain Indian tribes, application to, see section 473 of this title.

§ 462a. Reimposition and extension of trust period on lands of Crow Reservation.

CODIFICATION

Section, act Apr. 11, 1940, ch. 80, 54 Stat. 106, was omitted from the Code as executed.

§ 463. Restoration of lands to tribal ownership; protection of existing rights; Papago Indian Reservation.

(a) The Secretary of the Interior, if he shall find it to be in the public interest, is authorized to restore to tribal ownership the remaining surplus lands of any Indian reservation opened before June 18, 1934, or authorized to be opened, to sale, or any other form of disposal by Presidential proclamation, or by any of the public-land laws of the United States: Provided, however, That valid rights or claims of any persons to any lands so withdrawn existing on the date of the withdrawal shall not be affected by sections 461-464, 465, 466-470, 471-473, 474, 475, 476-478, and 479 of this title: Provided further, That this section shall not apply to lands within any reclamation project authorized before June 18, 1934, in any Indian reservation.

(b) (1) The order of the Department of the Interior signed, dated, and approved by Honorable Ray Lyman Wilbur, as Secretary of the Interior, on October 28, 1932, temporarily withdrawing lands of the Papago Indian Reservation in Arizona from all forms of mineral entry or claim under the public land min

ing laws, is hereby revoked and rescinded, and the lands of the said Papago Indian Reservation are hereby restored to exploration and location, under the existing mining laws of the United States, in accordance with the express terms and provisions declared and set forth in the Executive orders establishing said Papago Indian Reservation: Provided, That damages shall be paid to the superintendent or other officer in charge of the reservation for the credit of the owner thereof, for loss of any improvements on any land located for mining in such a sum as may be determined by the Secretary of the Interior to be the fair and reasonable value of such improvements: Provided further, That a yearly rental not to exceed 5 cents per acre shall be paid to the superintendent or other officer in charge of the reservation for deposit in the Treasury of the United States to the credit of the Papago Tribe for loss of the use or occupancy of any land withdrawn by the requirements of mining operations.

(2) In the event any person or persons, partnership, corporation, or association desires a mineral patent, according to the mining laws of the United States, he or they shall first pay to the superintendent or other officer in charge of the reservation, for deposit in the Treasury of the United States to the credit of the Papago Tribe, the sum of $1 per acre in lieu of annual rental, as hereinbefore provided, to compensate for the loss of the use or occupancy of the lands withdrawn by the requirements of mining operations; but the sum thus deposited, except for a deduction of rental at the annual rate hereinbefore provided, shall be refunded to the applicant in the event that patent is not acquired: Provided, That an applicant for patent shall also pay to the superintendent or other officer in charge of the said reservation for the credit of the owner thereof, damages for the loss of improvements not theretofore paid, in such a sum as may be determined by the Secretary of the Interior to be the fair value thereof.

(3) Water reservoirs, charcos, water holes, springs, wells, or any other form of water development by the United States or the Papago Indians shall not be used for mining purposes under the terms of sections 461-463, 464, 465, 466-470, 471-473, 474, 475, 476— 478, and 479, of this title, except under permit from the Secretary of the Interior approved by the Papago Indian Council: Provided, That nothing herein shall be construed as interfering with or affecting the validity of the water rights of the Indians of this reservation: Provided further, That the appropriation of living water heretofore or hereafter affected, by the Papago Indians is recognized and validated subject to all the laws applicable thereto.

(4) Nothing herein contained shall restrict the granting or use of permits for easements or rightsof-way; or ingress or egress over the lands for all proper and lawful purposes; and nothing contained herein, except as expressly provided, shall be construed as authority for the Secretary of the Interior, or any other person, to issue or promulgate a rule or regulation in conflict with the Executive order of February 1, 1917, creating the Papago Indian Reservation in Arizona or the Act of February 21, 1931 (46

Stat. 1202). (June 18, 1934, ch. 576, § 3, 48 Stat. 984; Aug. 28, 1937, ch. 866, 50 Stat. 862.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Territories, colonies, or insular possessions of United States, application to, see section 473 of this title.

Umatilla Indian Reservation lands restored, see sections 463d-463g of this title.

§ 463a. Extension of boundaries of Papago Indian Reservation.

Whenever all privately owned lands except mining claims within the following-described area have been purchased and acquired as authorized in sections 463b and 463c of this title, the boundary of the Papago Indian Reservation in Arizona shall be extended to include the west half of section 4; west half of section 9, township 17 south, range 8 east; all of township 18 south, range 2 west, all of fractional township 19 south, range 2 west; and all of fractional townships 18 and 19 south, range 3 west, except sections 6, 7, 18, 19, 30, and 31 in township 18 south, range 3 west, Gila and Salt River meridian. This extension shall not affect any valid rights initiated prior to July 28, 1937, nor the reservation of a strip of land sixty feet wide along the United States-Mexico boundary made by proclamation of the President dated May 27, 1907 (35 Stat. 2136). The lands herein described when added to the Papago Indian Reservation as provided in this section and sections 463b, 463c of this title shall become a part of said reservation in all respects and upon all the same terms as if said lands had been included in the Executive order issued by the President on February 1, 1917: Provided, That lands acquired under this section and sections 463b and 463c of this title shall remain tribal lands and shall not be subject to allotment to individual Indians. (July 28, 1937, ch. 527, § 1, 50 Stat. 536.)

§ 463b. Same; purchase; limitations.

The Secretary of the Interior is authorized to purchase for the use and benefit of the Papago Indians with any available funds heretofore or hereafter appropriated, pursuant to authority contained in section 465 of this title, all privately owned lands, water rights, and reservoir site reserves within townships 18 and 19 south, ranges 2 and 3 west, together with all grazing privileges and including improvements upon public lands appurtenant to the so-called Menager Dam property, at the appraised value of $40,016.37. (July 28, 1937, ch. 527, § 2, 50 Stat. 536.) § 463c. Same; gift of lands by Arizona.

The State of Arizona may relinquish in favor of the Papago Indians such tracts within the townships referred to in section 463a of this title as it may see fit and shall have the right to select other unreserved

and nonmineral public lands within the State of Arizona equal in area to those relinquished, said lieu selections to be made in the same manner as is provided for in the Enabling Act of June 20, 1910 (36 Stat. 558), or in the discretion of the State of Arizona under the provisions of section 315g of Title 43. The payment of fees or commissions is waived in all lieu selections made pursuant to this section. (July 28, 1937, ch. 527, § 3, 50 Stat. 536.)

REFERENCES IN TEXT

Section 24 of the act of June 20, 1910, to which reference is made in text, provides that, subject to certain limitations, lieu selections of land in Arizona are to be made pursuant to sections 851 and 852 of Title 43, Public Lands. § 463d. Restoration of lands in Umatilla Indian Reservation to tribal ownership.

The Secretary of the Interior is authorized in his discretion to restore to tribal ownership the undisposed of surplus lands of the Umatilla Indian Reservation, Oregon, heretofore opened to entry or other form of disposal under the public-land laws: Provided, That restoration shall be subject to any existing valid rights. (Aug. 10, 1939, ch. 662, § 1, 53 Stat. 1351.)

§ 463e. Exchanges of land.

For the purpose of effecting land consolidations between Indians and non-Indians within the reservation, the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to acquire through purchase, exchange, or relinquishment, any interest in lands, water rights, or surface rights to lands within said reservation. Exchanges of lands hereunder shall be made on the basis of equal value and the value of improvements on lands to be relinquished to the Indians or by Indians to non-Indians shall be given due consideration and allowance made therefor in the valuation of lieu lands. This section shall apply to tribal, trust, or otherwise restricted Indian allotments whether the allottee be living or deceased. (Aug. 10, 1939, ch. 662, § 2, 53 Stat. 1351.)

§ 463f. Title to lands.

Title to lands or any interest therein acquired pursuant to sections 463d-463g of this title for Indian use shall be taken in the name of the United States of America in trust for the tribe or individual Indian for which acquired. (Aug. 10, 1939, ch. 662, § 3, 53 Stat. 1351.)

§ 463g. Use of funds appropriated under section 465. For the purpose of carrying into effect the landpurchase provision of sections 463d-463g of this title, the Secretary of the Interior is authorized to use so much as may be necessary of any funds heretofore or hereafter appropriated pursuant to section 465 of this title. (Aug. 10, 1939, ch. 662, § 4, 53 Stat. 1351.)

§ 464. Transfer of restricted Indian lands or shares in assets of Indian tribes or corporation; exchange of lands.

Except as provided in sections 461-463, 464, 465, 466-470, 471-473, 474, 475, 476-478, and 479 of this

title, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized hereunder, shall be made or approved: Provided, however, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived or to a successor corporation; and in all instances such lands or interests shall descend or be devised, in accordance with the then existing laws of the State, or Federal laws where applicable, in which said lands are located or in which the subject matter of the corporation is located, to any member of such tribe or of such corporation or any heirs of such member: Provided further, That the Secretary of the Interior may authorize voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in his judgment, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations. (June 18, 1934, ch. 576, § 4, 48 Stat. 985.)

CROSS REFERENCES

Exchanges of land on Umatilla Indian Reservation, see section 463e of this title.

Territories, colonies, or insular possessions of United States, and certain Indian tribes, application to, see section 473 of this title.

§ 465. Acquisition of lands, water rights, or surface rights; appropriation.

The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.

For the acquisition of such lands, interests in lands, water rights, and surface rights, and for expenses incident to such acquisition, there is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, a sum not to exceed $2,000,000 in any one fiscal year: Provided, That no part of such funds shall be used to acquire additional land outside of the exterior boundaries of Navajo Indian Reservation for the Navajo Indians in Arizona, nor in New Mexico, in the event that legislation to define the exterior boundaries of the Navajo Indian Reservation in New Mexico, and for other purposes, or similar legislation, becomes law. The unexpended balances of any appropriations made pursuant to this section shall remain available until expended.

Title to any lands or rights acquired pursuant to sections 461-463, 464, 465, 466-470, 471-473, 474, 475, 476-478, and 479 of this title shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands or rights shall be exempt from State and local taxation. (June 18, 1934, ch. 576, § 5, 48 Stat. 985.)

CROSS REFERENCES

Reservations wherein a majority of the adult Indians vote against application of act of which this section is a part, see section 478 of this title.

Territories, colonies, or insular possessions of United States and certain Indian tribes, application to, see sections 473 and 473a of this title.

Umatilla Indian Reservation lands, application to, see section 463g of this title.

§ 465a. Receipt and purchase in trust by United States of land for Klamath Tribe Indians.

The Secretary of the Interior is authorized to receive on behalf of the United States from individual members of the Klamath Tribe of Indians voluntarily executed deeds to such lands as said Indians may own in fee simple free from all encumbrances, said lands to be held in trust by the United States for said Indians and their heirs; and, whenever restricted funds are used for the purchase of lands for individual members of the Klamath Tribe of Indians, the Secretary of the Interior is authorized, in his discretion, to take title to said lands in the United States, the same to be held in trust for said Individual Indians: Provided, however, That while any of the foregoing lands are held in trust by the United States for said Indians, the same shall be subject to the same restrictions, immunities, and exemptions as homesteads purchased out of trust or restricted funds of individual Indians pursuant to section 412a of this title, except the restrictions, immunities, or exemptions of the second proviso of said section. (Feb. 24, 1942, ch. 113, § 1, 56 Stat. 121.)

§ 465b. Same; definition of Klamath Tribe.

As used in this section and section 465a of this title the term "Klamath Tribe of Indians" includes the Klamath and Modoc Tribes, and the Yahooskin Band of Snake Indians. (Feb. 24, 1942, ch. 113, § 2, 56 Stat. 121.)

§ 466. Indian forestry units; rules and regulations.

The Secretary of the Interior is directed to make rules and regulations for the operation and management of Indian forestry units on the principle of sustained-yield management, to restrict the number of livestock grazed on Indian range units to the estimated carrying capacity of such ranges, and to promulgate such other rules and regulations as may be necessary to protect the range from deterioration, to prevent soil erosion, to assure full utilization of the range, and like purposes. (June 18, 1934, ch. 576, § 6, 48 Stat. 986.)

CROSS REFERENCES

Reservations wherein a majority of the adult Indians vote against application of act of which this section is a part, see section 478 of this title.

Territories, colonies or insular possessions of United States and certain Indian tribes, application to, see section 473 of this title.

§ 467. New Indian reservations.

The Secretary of the Interior is authorized to proclaim new Indian reservations on lands acquired pursuant to any authority conferred by sections 461-463, 464, 465, 466-470, 471-473, 474, 475, 476478, and 479 of this title, or to add such lands to

existing reservations: Provided, That lands added to existing reservations shall be designated for the exclusive use of Indians entitled by enrollment or by tribal membership to residence at such reservations. (June 18, 1934, ch. 576, § 7, 48 Stat. 986.)

CROSS REFERENCES

Reservations in New Mexico and Arizona, creation and extension, see sections 211 and 463a-463c of this title. Territories, colonies, or insular possessions of United States, and certain Indian tribes, application to, see sections 473 and 473a of this title.

§ 468. Allotments or holdings outside of reservations. Nothing contained in sections 461-463, 464, 465, 466-470, 471-473, 474, 475, 476-478, and 479 of this title shall be construed to relate to Indian holdings of allotments or homesteads upon the public domain outside of the geographic boundaries of any Indian reservation now existing or established hereafter. (June 18, 1934, ch. 576, § 8, 48 Stat. 986.)

§ 469. Indian corporations; appropriation for organizing.

There is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary, but not to exceed $250,000 in any fiscal year, to be expended at the order of the Secretary of the Interior, in defraying the expenses of organizing Indian chartered corporations or other organizations created under sections 461-463, 464, 465, 466-470, 471-473, 474, 475, 476— 478, and 479 of this title. (June 18, 1934, ch. 576, § 9, 48 Stat. 986.)

§ 470. Same; appropriation for loans; report.

There is authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, the sum of $10,000,000 to be established as a revolving fund from which the Secretary of the Interior, under such rules and regulations as he may prescribe, may make loans to Indian chartered corporations for the purpose of promoting the economic development of such tribes and of their members, and may defray the expenses of administering such loans. Repayment of amounts loaned under this authorization shall be credited to the revolving fund and shall be available for the purposes for which the fund is established. A report shall be made annually to Congress of transactions under this authorization. (June 18, 1934, ch. 576, § 10, 48 Stat. 986.)

CROSS REFERENCES

Ute Indians, use of tribal funds, regulations for making loans from revolving fund authorized by this section to govern funds advanced for loans, see section 671 of this title.

§ 470a. Interest charges covered into revolving fund. Interest or other charges heretofore or hereafter collected on loans shall be credited to the revolving fund created by section 470 of this title and shall be available for the establishment of a revolving fund for the purpose of making and administering loans to Indian-chartered corporations in accordance with sections 461-463, 464-470, 471-473, 474, 475, 476-— 478, 479 of this title, and of making and administering loans to individual Indians and to associations or

corporate groups of Indians of Oklahoma in accordance with sections 501-509 of this title. (June 28, 1941, ch. 259, § 1, 55 Stat. 316.)

CROSS REFERENCES

Similar provisions, see prior Interior Department Appropriation Acts.

§ 471. Vocational and trade schools; appropriation for tuition.

There is authorized to be appropriated, out of any funds in the United States Treasury not otherwise appropriated, a sum not to exceed $250,000 annually, together with any unexpended balances of previous appropriations made pursuant to this section, for loans to Indians for the payment of tuition and other expenses in recognized vocational and trade schools: Provided, That not more than $50,000 of such sum shall be available for loans to Indian students in high schools and colleges. Such loans shall be reimbursable under rules established by the Commissioner of Indian Affairs. (June 18, 1934, ch. 576, § 11, 48 Stat. 986.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 472. Standards for Indians appointed to Indian Office. The Secretary of the Interior is directed to establish standards of health, age, character, experience, knowledge, and ability for Indians who may be appointed, without regard to civil-service laws, to the various positions maintained, now or hereafter, by the Indian Office, in the administration of functions or services affecting any Indian tribe. Such qualified Indians shall hereafter have the preference to appointment to vacancies in any such positions. (June 18, 1934, ch. 576, § 12, 48 Stat. 986.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Employment of Indians, see sections 44, 45, 46, 47 of this title.

§ 473. Application of sections.

The provisions of sections 461-463, 464, 465, 466— 470, 471-473, 474, 475, 476-478 and 479 of this title shall not apply to any of the Territories, colonies. or insular possessions of the United States, except that sections 469, 470, 471, 472, and 476 of this title shall apply to the Territory of Alaska: Provided, That Sections 462, 464, 467, 476, 477, and 478 of

this title shall not apply to the following-named Indian tribes, the members of such Indian tribes, together with members of other tribes affiliated with such named tribes located in the State of Oklahoma, as follows: Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and Seminole. Section 464 of this title shall not apply to the Indians of the Klamath Reservation in Oregon. (June 18, 1934, ch. 576, § 13, 48 Stat. 986.)

CROSS REFERENCES

Oklahoma Indians as having right to enjoy rights and privileges secured to organized Indian tribes under sections to which reference is made in text, see section 503 of this title.

Tribes or bands authorized to be organized with charter allowing them to participate in revolving credit fund and to enjoy other rights or privileges secured to organized tribes under sections to which reference is made in text, see section 503 of this title.

§ 473a. Same; application to Alaska.

Sections 461, 465, 467, 468, 475, 477 and 479 of this title shall after May 1, 1936, apply to the Territory of Alaska: Provided, That groups of Indians in Alaska not recognized prior to May 1, 1936, as bands or tribes, but having a common bond of occupation, or association, or residence within a well-defined neighborhood, community, or rural district, may organize to adopt constitutions and bylaws and to receive charters of incorporation and Federal loans under sections 470, 476 and 477 of this title. 1936, ch. 254, § 1, 49 Stat. 1250.)

CODIFICATION

(May 1,

This section is also set out as section 362 of Title 48, Territories and Insular Possessions.

§ 474. Continuation of allowances.

The Secretary of the Interior is directed to continue the allowance of the articles enumerated in section 17 of the Act of March 2, 1889 (23 Stat. L. 894, or their commuted cash value under the Act of June 10, 1896 (29 Stat. L. 334), to all Sioux Indian s who would be eligible, but for the provisions of sections 461-463, 464, 465, 466-470, 471-473, 474, 47 5, 476–478 and 479 of this title, to receive allotments of lands in severalty under section 19 of the Act of May 29, 1908 (25 Stat. L. 451),1 or under any prior Act, and who have the prescribed status of the head of a family or single person over the age of eighteen years, and his approval shall be final and conclusive, claims therefor to be paid as formerly from the permanent appropriation made by said section 17 and carried on the books of the Treasury for this purpose. No person shall receive in his own right more than one allowance of the benefits, and application must be made and approved during the lifetime of the allottee or the right shall lapse. Such benefits shall continue to be paid upon such reservation until such time as the lands available therein for allotment on June 18, 1934, would have been exhausted by the award to each person receiving such

1 So in original.

24 626-53—vol. 2- -105

benefits of an allotment of eighty acres of such land. (June 18, 1934, ch. 576, § 14, 48 Stat. 987.)

REFERENCES IN TEXT

Section 17 of the act of March 2, 1889, to which reference is made in the text, contains a proviso that each head of family or single person over the age of eighteen years of the Sioux Nation of Indians, "who shall have or may hereafter take his or her allotment of land in severalty, shall be provided with two milch cows, one pair of oxen, with yoke and chain, or two mares and one set of harness in lieu of said oxen, yoke and chain, as the Secretary of the Interior may deem advisable, and they shall also receive one plow, one wagon, one harrow, one hoe, one axe, and one pitchfork, all suitable to the work they may have to do, and also fifty dollars in cash; to be expended under the direction of the Secretary of the Interior in aiding such Indians to erect a house and other buildings suitable for residence or the improvement of his allotment; no sales, barters or bargains shall be made by any person other than said Indians with each other, of any of the personal property hereinbefore provided for, and any violation of this provision shall be deemed a misdemeanor and punished by fine not exceeding one hundred dollars, or imprisonment not exceeding one year or both in the discretion of the court."

Act of June 10, 1896, to which reference is made in text, contains a provision directing the Secretary of the Interior to ascertain the number of Sioux and Ponca Indians in South Dakota and Nebraska who would not be benefited by the fulfillment of the proviso quoted above from the act of March 2, 1889, and who desire to have the articles of personal property therein mentioned converted into money, and in lieu of such articles of personal property, or any part thereof he may think proper, to convert or commute the same, or so much thereof as he may think proper, into money, and to pay the amount thereof to such Indians.

Section 19 of the act of May 29, 1908, to which reference is made in text, authorizes the Secretary of the Interior to cause allotments to be made under the provisions of act Mar. 2, 1889, ch. 405, 25 Stat. 888, to any living children of the Sioux tribe of Indians belonging on any of the Great Sioux reservations affected thereby and who had not prior to May 29, 1908, been allotted, so long as the tribe to which such Indian children belong is possessed of any unallotted tribal or reservation lands. The section further provides that where, for any reason, an Indian did not receive the quantity of land to which he was entitled under the provisions of said act March 2, 1889, the Secretary of the Interior shall cause to be allotted to him sufficient additional lands on the reservation to which he belongs to make, together with the quantity of land theretofore allotted to him, the acreage to which he is entitled under said act March 2, 1889; and in case of the death of any such Indian, the additional lands to which he is of right entitled may be allotted to his heirs: Provided, the tribe to which he belonged is possessed of any unallotted tribal or reservation lands.

CROSS REFERENCES

Appropriation for civilization of the Sioux repealed, see section 725a of Title 31, Money and Finance.

§ 475. Claims or suits of Indian tribes against United States; rights unimpaired.

Nothing in sections 461-463, 464, 465, 466-470, 471-473, 474, 475, 476-478, and 479 of this title shall be construed to impair or prejudice any claim or suit of any Indian tribe against the United States. It is declared to be the intent of Congress that no expenditures for the benefit of Indians made out of appropriations authorized by said sections of this title shall be considered as offsets in any suit brought to recover upon any claim of such Indians against the United States. (June 18, 1934, ch. 576, § 15, 48 Stat. 987.)

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