Page:United States Statutes at Large Volume 45 Part 1.djvu/990

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SEVENTIETH CONGRESS . SEss. I. CHs. 854, 855. 1928 .

939 ance with the plans submitted to him by any of the districts with Payments withheld, if work not in accord- which contract may have been exe cuted as here in provided f or, he ance with d etermin ed shall notify the district of its delinquency and advise that payments plans . will not be made under the contract until such work shall have Proportionate share been done in accordance with the said plans : Provided further, That of cost to be borne by in determining the share of the cost of such work to be paid on behalf Ind ian la nds. of the Indian lands to the district within which such lands are situ- ated, there shall be taken into consideration any deductions that may not properly be apportioned against the Indian lands, and in no event shall the Indian lands bear a share of the cost in excess of the ratio their acreage benefited bears to the total lands benefited within any such district, the total Indian acreage to be benefited to be definitely determined by the said Secretary of the Interior : Provided further, Re imbu rsem ent of That the amount herein authorized to be appropriated to cover the amount authorized share of the cost of the work on behalf of the Indian lands shall fro m pro ceeds of lease s of benefited lands not be reimbursed to the United States from the proceeds of leases cover- cultivated by the In- ing the Indian lands benefited by the drainage work, and said Secre- dians . tary is hereby authorized to lease such lands not actually being culti- v ated b y the Indian s the mselve s for agric ultura l purp oses f or periods not in excess of ten years, and the proceeds derived there- Deposit of proceeds . from shall be used for payment of the cost of said work and the balance placed in the Treasury to the credit of the Indians to bear interest at the rate of 4 per centum per annum : Provided further, That there is hereby created against such lands a first lien, which Lie n cre ated, but not ~

en forceable while title lien shall not be enforced during the period that the title to such lands remains in the Indians . remains in the Indians but that in case of sale of any such lands said lands shall be sold subject to the first lien herein created

Pro-

rided further That said Secretary of the Interior, through the Com- Re pre sent ati ve of Secretary to be recog- missioner of Indian Affairs, or his duly authorized agent, shall be nized in matters per taining to operation of recognized by any district with which contract shall be entered into contracts. in accordance with the provisions of this Act in all matters pertain- ing to its operation in the same ratio that the Indian lands bear to the total area of lands within the district, and that the district books and records shall be available at all times for inspection of by said Ind ian l ands not sub- representative : Provided, however, That said Indian lands shall ject to district laws un- not be subject to the provisions of any district laws until such time til Indien title becomes as the Indian title in and to any such lands shall become extinct, extinct, etc . nor shall they be subject to operation and maintenance charges dur- ing the period that such lands remain in Indian ownership . Approved, May 29, 1928 . May 29, 1928 . CHAP . 855 .-An Act Authorizing the Secretary of the Interior to acquire [H- R. 9194.1 land and erect a monument on the site of the battle between the Sioux and [Public, No. 565.] Pawnee Indian Tribes in Hitchcock County, Nebraska, fought in the year 1873 . Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the Secretary Sioux a nd Pawnee Indians. of the Interior is hereby authorized to erect a suitable monument and Monument author- historical tablets on or near the site of the battle between the Sioux ized on site of battle between, in Hitchcock and Pawnee Indians near the Republican River in Hitchcock County, County, Nebr . Nebra ska, the last battle betwee n Indian trib es on America n soil . The title to the land deemed appropriate for the site shall be vested Nebraska . vested in in the State of Nebraska, and care of the site and monument shall be witho ut expense to the Federal G overnment . SEC . 2. There is hereby authorized to be appropriated, out of an

Sum authorized for . Y Post, p . 1587. money in the Treasury not otherwise appropriated, the sum of $7,500, or so much thereof as may be necessary to carry out the ProaisoP provisions of this Act : Provided, That the said monument shall be To be work of Amer- the work of an artist who is a citizen of the United States.

iean artist. Approved, May 29, 1928 . 54835•-29-PT 1-63