Page:United States Statutes at Large Volume 36 Part 1.djvu/481

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SIXTY-FIRST CONGRESS. Sess. II. Ch. 264. 1910. 457 not have been allotted in severalty to said Indians or granted or reserved by the terms of this Act, said commission to be constituted as follows: One of the commissioners shall be a person holding tribal relations with said Indians, one a representative of the Interior Department, and one a resident citizen of the State of North Dakota. hat within twenty days after their appointment said commissioners 0¤¥¤¤iz¤¤<>¤· ewshall meet and organize by the election of one of their number as chairman. The said commissioners shall then proceed to personally inspect and classify and ap raise, in one hundred and sixty acre tracts, all of the remaining lands described in section one of this Act, except sections sixteen and sections thirty-six. In making such classi:lica— p,,§}§,§ff,§gQ“g{j,· ’*¥* ,, tion and appraisement said lands shall be divided into the following '

 classes: First, agricultural land of the first class; second, agricultural

, land of the second class; third, grazing land; fourth, timber land; . fifth, mineral land, if any, but the mineral and timber lands shall not ,;,. be appraised. That said commissioners shall be aid a sala of not °°"‘P°“““°“·°"° ai to exceed ten dollars per day each while actualliy employeldr in the inspection and classification of said lands and necessary expenses, exc usive of subsistence, to be all-éproved bye the Secretary of the Interior; such inspection and class` cation to completed within six months from the date of the organization of said commission. · Sec. 8. That when said commissioners shall have completed the S·¤¢¤f1¤¤¤¤- classification and ap raisement of all of said lands, and the same shall have been approvedp by the Secretary of the Interior, the lands shall be disposed of under the provisions of the homestead, mineral, and town-site laws of the United States, except ashereinafter otherwise Ngglugigiawdww provided and excepting sections sixteen and thirty-six of each town-: ' ship, which sections are hereby granted to the State of North Dakota for school urposes ; and in case either of said sections or parts thereof mu •°‘°°“°¤* should be lost to the State by reason of the allotment thereof to any Indian or Indians, or otherwise, the governor of said State, with the approval of the Secretary of the Interior-, is hereby authorized, within t e area described in section one of this Act, to select other unoccu ied, unreserved, nonmineral lands, which selections must be made at l)east thirty da s prior to the date fixed by the President’s proclamation ` opening the surplus lands to settlement: Provided, That in any event I{’g",,‘§g*um_ not more than two sections shall be granted to the State in any one township, and lands must be selecte in lieu of sections sixteen and thirty-six, or any part thereof, within the township in which the loss occurs, exce(pt in any township where there may not be two sections of unallotte lands, m which event whatever is required to make two sections may be selected in an adjoining township: Provided further, That the United States shallipay to the said Indians for the lands *"‘°°· in said sections sixteen and thirty-six, so granted, or the lands within said reservation selected in lieu thereof, the sum of two dollars and iiftéy cents: er acre. Ec. 9. 'llhat said lands shall be disposed of by proclamation under m§&°“,$;’ ;Q0c"§f,Qg the general provisions of the homestead and town-site laws of the tion. United States and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the time when and the manner in which the lands may be settled upon, occupred, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any of _ said lands, except as prescribed in said proclamation: Promded, {Q{;f§;’g"·0f mmien That the rights of honorably discharged Union soldiers and sailors and dsaiim not ¤f— of the late civil and Spanish wars and Philippine insurrection, as f€(g€$,·,5¢ca2§0i,2306, defined and prescribed in sections twenty-three hundred and four P·§§_3, p_,“.,_ and twenty-three hundred and five of the Revised Statutes, as ' amended by the Act of March first, nineteen hundred and one, shall mee of wmuk not be abridged: Provided further, That the price of said agricul- uu-silands