Home Stead Act Amendment of Feb. 17, 1910

Home Stead Act Amendment of February 17, 1910

Chapter 40. – An act to amend sections seven and eight of the act of May twenty-ninth, nineteen hundred and eight, entitled "An act to authorize the sale and disposition of a portion of the surplus and unallotted lands in the Cheyenne river and Standing Rock Indian reservations, in the States of South Dakota and North Dakota, and making appropriation and provision to carry the same into effect."
Be it enacted by the Senate and House of Representatives of the Untied States of America in Congress assembled, That sections seven and eight of the act of May twenty-ninth, nineteen hundred and eight, entitled "An act to authorize the sale and disposition of a portion of the surplus and unallotted lands in the Cheyenne River and Standing Rock Indian reservations in the States of South Dakota and North Dakota, and making appropriation and provision to carry the same into effect," are amended and as so amended are reenacted to read as follows:

"Sec. 7. That sections sixteen and thirty-six of the land in each township within the tract described in section one of this act shall not be subject to entry, but shall be reserved for the use of the common schools and paid for by the Untied States at two dollars and fifty cents per acre, and the same are hereby granted to the States of South Dakota and North Dakota for such purpose as the same are located in the said States, respectively; and in case any of said sections, or parts thereof, are lost to said States by reason of allotments thereof to any Indian or Indians, or otherwise, the Governors of said States, respectively, with the approval of the Secretary of the interior, are hereby authorized, within the area in the respective States described in section one of this act, to locate other lands not occupied not exceeding two section in any one township, which shall be paid for by the Untied States as herein provided, in quantity equal to the loss, and such selections shall be made prior to the opening of such lands to settlement.

"Sec. 8. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of not more than four hundred and fifteen thousand dollars, or so much thereof as may be necessary, to pay for the lands granted to the States of South Dakota and North Dakota, as provided in section seven of this act. And there is hereby appropriated the further sum of seventy-five thousand dollars, or so much thereof as may be necessary, for the purpose of making the appraisement and classification and allotments provided for herein: Provided, That the latter appropriation, or any further appropriation hereafter, made for the purpose of carrying out the provisions of this act, shall be reimbursed to the United States from the proceeds received from the sale of the lands described herein or from any money in the Treasury belonging to said Indian tribes, respectively: And provided further, That the lands allotted, those retained or reserved, and the surplus lands sold, set aside for town-site purposes, or granted to the said States, or otherwise disposed of under the provisions of this act, shall be subject for a period of twenty-five years to all the laws of the United States prohibiting the introduction of intoxicants into the Indian country."

(Approved, February 17, 1910)

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