Page:United States Statutes at Large Volume 30.djvu/537

498 FIFTYTIFTH CONGRESS. Sins . II. Ch. 517. 1898. for their present actual and necessary use, and no more, not to exceed five acre for each school and one acre for each church and each parsonage, and for such new schools as may be needed; also sufficient land -r·r¤¤•¤•*l¤¤¤°¤*¤· for burial ground where necessary. When such allotment of the lands of any tribe has been by them completed, said commission shall make full report thereof to the Secretary of the Interior for his §’$Q,°';_,gm ow approval: Provided, That nothing herein contained shall in any way mmwm.' aifect any vested legal rights which may have been heretofore granted by Act of Congress, nor be so construed as to confer any additional right upon any parties claiming under any such Act of Congress: h£°,:”i•:f”:;;_°’ Provided further, That whenever it shall appear that any member of a tribe i in possession of lands, his allotment may be made out of the lands in his posses ion, including his home if the holder so desires: kgs2u' °’ m°¥“ “‘ Provided further, That if the person to whom an allotment shall have been made shall be declared, upon appeal as herein provided for, by any of the courts of the United States in or for the aforesaid Territory, to have been illegally accorded rights of citizenship, and for that or any other reason declared to be not entitled to any allotment, he shall fBég·:n:*{,_{‘]“{,';°,: be ousted and ejected from said lands; that all persons known as for his improvements. intruders who have been paid for their improvements under existing laws and have not surrendered possession thereof who may be found under the provisions of this Actto be entitledto citizenship shall, within ninety days thereafter, refund the amount so paid them, with six per centum interest, to the tribe entitled thereto; and upon their failure so to do said amount shall become a lien upon all improvements owned by such person in such Territory, and may be enforced by such tribe; and unless such person makes such restitution no allotments shall be made to M§f*r:”j.:,*,“},°t§':”af¥“ him: Provided further, That the lands allotted shall be nontransferable qume. until after full title is acquired and shall be liable for no obligations con- _ _ tracted prior thereto by the allottee, and shall be nontaxable while so °;*,‘}d‘“}'°§,‘°;',§§,§°f,'.f held: Provided further, That all towns and cities heretofore incorporated pw-mum or incorporated under the provisions of this Act are hereby authorized to secure, by condemnation or otherwise, all the lands actually necessary for public improvements, regardless of tribal lines; and when the same can not be secured otherwise than by condemnation, then the same may be acquired as provided in sections nine hundred and seven and nx htuikilrpd and twelve, inclusive, of Mansiie1d’s Digest of the Statu o ansas. 0¤¤¤tr:»•¤¤¤ of -1- SEO. 12. That when report of allotments of lands of any tribe shall I'"""" be made to the Secretary of the Interior, as hereinbefore provided, he shall make a record thereof, and when he shall confirm such allotments the allottees shall remain in peaceable and undisturbed possession thereof, subiect to the provisions of this Act. mumgesmmems. S20. 13. That the Secretary of the Interior is hereby authorized and directed from time to time to provide rules and regulations in regard to the leasing of oil, coal, asphalt, and other minerals in said Territory, and all such leases shall be made by the Secretary of the Interior; and any lease for any such minerals otherwise made shall be absolutely void. ··°**·°¤° °' ‘°“°·°*°- No lease shall be made or renewed for a longer period than fifteen years, nor cover the mineral in more than six hundred and forty acres P:is;me¤¢@¤¤¤¤ of land, which shall conibrm as nearly as possible to the surveys. Iles- ’°’ Y °" ° sees shall pay on each oil, coal, asphalt, or other mineral claim at the rate of one hundred dollars per annum, in advance, for the first and second years; two hundred dollars per annum, in advance, for the third and fourth years, and ive hundred dollars, in advance, for each _ succeeding year thereafter, as advanced royalty on the mine or claim H{;_*_;°w·j*°<l** °¤ ’°>‘· on which they are made. All such payments shall be a credit on royalty when each said mine is developed and operated and its production isin excess of such guaranteed annual advanced payments; and all lessees _ must pay said annual advanced payments on each claim, whether devel- ·‘**’*'”" *° P°>’· oped or undeveloped; and should any lessee neglect or refuse to pay such advanced annual royalty for the period of sixty days after the same becomes due and payable on any lease, the lease on which default is