DOCS UCB RULES AND REGULATIONS ,, , RELATING TO THE ISSUANCE OF PATENTS IN FEE AND ^CERTIFICATES OF COMPETENCY AND THE SALE OF ALLOTTED AND INHERITED INDIAN LANDS p^ EXCEPT THOSE BELONGING TO THE ^^ FIVE CIVILIZED TRIBES APPROVED OCTOBER 12, 1910 WASHINGTON GOVERNMENT PRINTING OFFICE 1910 c, CONTENTS. Page. General statement 5 Patents in fee 5 Patents in fee to Indian allottees 5 Patents in fee to heirs 5 Certificate of competency 6 Certificate of competency to Osages 7 Removal of restrictions of Kaws 7 Sale of allotted Indian lands except those belonging to the Five Civilized Tribes 9 I. What lands may be sold 9 II. Method of making petition for sales 9 III. Method of making petition for sale when land is not within jurisdiction of agent 10 IV. Notice and hearing 10 V. Lists to be posted 10 VI. Advertisement 11 VII. Appraisal 12 VIII. Bids 12 IX. -Deferred payments . 13 X. Conveyance 14 XI. Approval of sale 14 XII. Disposition of proceeds 15 XIII. Sale for town-site purposes 16 XIV. Minor s interest, Yakima Reservation 16 XV. Exceptions to preceding regulations 16 Citizen Potawatomi and Absentee Shawnee Indians of Oklahoma- 16 Peoria and Miami 17 Wyandottes 17 Modocs in Oklahoma 18 Kaw and Osage 18 Sale of surplus lands of minor Osages 19 Sale of lands of Indians belonging to the Quapaw Indian Agency. 19 RULES AND REGULATIONS RELATING TO ISSUANCE OF PATENTS IN FEE AND CERTIFICATES OF COMPETENCY AND SALE OF ALLOTTED AND INHERITED INDIAN LANDS, GENERAL STATEMENT. Any Indian of 21 years or over who holds an allotment of land under a trust patent can (1) Procure a patent in fee under the act of May 8, 1906 (34 Stat., 182), provided it is shown that he is competent to care for his affairs. (2) Devise his lands by will under the act of June 25, 1910 (36 Stat, 855), provided the land is not located in Oklahoma. (3) Sen his land under the act of March 1, 1907 (34 Stat., 1015- 1018). PATENTS IN FEE. PATENTS IN FEE TO INDIAN ALLOTTEES. The act of May 8, 1906 (34 Stat., 182), provides that the Secretary of the Interior may, whenever he shall be satisfied that any Indian allottee is capable of managing his or her affairs, cause to be issued to such allottee a patent in fee. This act does not apply to members of the Five Civilized Tribes or the Indians under the jurisdiction of the Quapaw, Kaw, or Osage agencies. The issuance of a fee patent under this act is discretionar}^ with the Secretary of the Inte rior, and the chief question involved is the degree of competency shown by the allottee to care for his ow T n affairs. All applications for patents in fee under this act should be made on Form 5105 to the superintendent having jurisdiction over the land the allottee seeks to have patented. The trust patent should accompany the application; or in case the trust patent has been lost or destroyed, affidavit of the allottee to that effect should accompany the application. W*hen an application has been received from an allottee the super intendent will post notices in conspicuous places on the reservation where the applicant is known, using Form 5-189. At the expiration of thirty days after notices have been posted the superintendent will forward the application to the Commissioner of Indian Affairs, Washington, D. C., reporting fully as to the com petency of the applicant, giving in detail the reasons for his recom mendations, using Form 5-106. PATENTS IN FEE TO HEIRS. The issuance of a patent in fee to the competent heirs of a deceased allottee is authorized by the acts of Congress approved May 29, 1908 (35 Stat., 444), and June 25, 1910 (36 Stat., 855). (5) 6 NOTICE AND HEARING. When a petition for a patent in fee covering inherited Irnd is received the superintendent or other officer designated by the Secre tary of the Interior shall post notices in conspicuous places on the reservation to the effect that on a certain date and place named he will take testimony to be submitted to the Secretary of the Interior for the purpose of determining the legal heirs of the deceased allot tee. This notice shall be posted for a period of thirty days. Before the time of hearing it shall be the duty of the superintendent or other officer designated by the Secretary of the Interior to examine carefully the allotment, census, annuity rolls, and other records on file at the agency and make notations therefrom as to the rela tives of the decedent for use at the hearing. All persons known to be entitled to participation in the estate and all persons known by the superintendent who claim to be entitled to participation must be notified of the time and place, when and where, the hearing is to be held. The superintendent is directed to secure the attendance of at least two disinterested persons who are acquainted with and have direct knowledge of the family history of the decedent to give testimony at the hearing, or he may procure their affidavits, and in case the affiants are not present at the hearing their affidavits must be read and made a part of the record. In case affidavits are submitted and any of the parties claiming an interest desire it, the affiants should be called for the purpose of cross-examination. At the hearing the heirs, or those claiming as such, should be re quired to fully set forth their claims. All the testimony taken must be reduced to writing and subscribed and sworn to before the officer conducting the proceeding. Also, the testimony taken, a copy of the posted notice to heirs, and a copy of the notice sent to persons to appear at the hearing must accompany the papers when petition for a patent in fee is submitted for consideration. A report from the superintendent on Form 5-107 as to the heirs of the deceased allottee must also accompany the papers. In all other respects the report of the superintendent will be the same as if the heir or heirs made an application for a patent in fee covering their own allotment. The expenses incurred for calling disinterested persons as wit nesses must be paid by the heir or heirs. CERTIFICATE OF COMPETENCY. Section 1 of the act of Congress approved June 25, 1910 (36 Stat., 855), provides in part: That the Secretary of the Interior is hereby authorized, in his discretion, to issue a certificate of competency upon application therefor, to any Indian, or in case of his death to his heirs, to whom a patent in fee containing restrictions on alienation has been or may hereafter be issued, and such certificate shall have the effect of removing the restrictions on alienation contained in such patent. Applications for certificates of competency should be filed with the Indian superintendent having jurisdiction over the land from which the allottees or heirs seek to have all restrictions removed. When the land is not located within the territorial limits of an Indian reservation, the allottee or heirs may petition the most convenient superintendent or other officer in charge of an Indian agency or Indian tribe, or such other public officer of the United States as may be designated by the Secretary of the Interior, who shall take like action thereon as if the land were within the territorial limits of an Indian reservation. Reports on applications for a certificate of competency should be the same as those prescribed for the issuance of patents in fee. If an applicant is shown to be competent to care for his own affairs, a certificate of competency will issue on Form E. It will be observed that the provision of law last quoted applies only to Indians or their heirs " to whom a patent in fee containing restrictions on alienation has been or may hereafter be issued." The Indians of Oklahoma are excluded from this provision of the act of June 25, 1910, supra. CERTIFICATES OF COMPETENCY TO OSAGES. Paragraph 7 of section 2 of the act of Congress approved June 28, 1906 (34 Stat. 539), provides: That the Secretary of the Interior, in his discretion, at the request and upon the petition of any adult member of the tribe, may issue to such member a cer tificate of competency, authorizing him to sell and convey any of the lands deeded him by reason of this act, except his homestead, which shall remain in alienable and nontaxable for a period of twenty-five years, or during the life of the homestead allottee, if upon investigation, consideration, and examination of the request he shall find any such member fully competent and capable of trans acting his or her own business and caring for his or her own individual affairs ; Provided, That upon the issuance of such certificate of competency the lands of such member (except his or her homestead) shall become subject to taxation, and such member, except as herein provided, shall have the right to manage, control, and dispose of his or her lands the same as any citizen of the United States: Provided, That the surplus lands shall be nontaxable for the period of three years from the approval of this act, except where certificates of competency are issued or in case of the death of the allottee, unless otherwise provided by Con gress: And provided further, That nothing herein shall authorize the sale of the oil, gas, coal, or other minerals covered by said lands, said minerals being re served to the use of the tribe for a period of twenty-five years, and the royalty to be paid to said tribe as hereinafter provided: And provided further, That the oil, gas, coal, and other minerals upon said allotted lands shall become the property of the individual owner of said land at the expiration of said twenty- five years, unless otherwise provided for by act of Congress. Applications for removal of restrictions and the issuance of cer tificates of competency to adult members of the Osage tribe of In dians, under the act of Congress above quoted, shall be upon forms prescribed by the Secretary of the Interior, and furnished by the superintendent of the Osage Agency, at Pawhuska, Okla., and if the Secretary finds that the applicant is capable of managing his (or her) own affairs and transacting his (or her) own business, the re strictions will be removed as to the surplus lands of the applicant and a certificate of competency issued, as provided in said act. REMOVAL OF RESTRICTIONS OF KAWS. Section 10 of the act of Congress approved July 1, 1902 (32 Stat., 636) , is as follows : The Secretary of the Interior may, in his discretion, at the request of any adult member of said tribe, issue a certificate to such member authorizing him 8 to sell and convey any or all lands deeded him by reason of this agreement, and may pay such member at the next annual payment his or her pro rata share of the funds of said tribe, if, upon consideration and examination of the request, the said Secretary shall find said member to be fully competent and capable of managing and caring for his or her individual affairs: Provided, That upon the issuance of said certificate, the lands of such member, both homestead and surplus, shall become subject to taxation, and such member shall have the right to manage and dispose of such property the same as any other citizen of the United States, and upon the issuance of said certificate and the payment of the funds due him or her such member shall be dropped from the rolls of said tribe. Applications for removal of restrictions and the issuance of cer tificates of competency to adult members of the Kaw or Kansas tribe of Indians, under the act of Congress above quoted, shall be upon forms prescribed by the Secretary of the Interior, and fur nished by the superintendent of the Kaw or Kansas Agency at Washunga, Okla., and if the Secretary finds that the applicant is capable of managing his (or her) own affairs and transacting his (or her) own business the restrictions will be removed, and a certificate of competency issued, as provided in said act. In submitting reports on applications for certificates of competency the rules and regulations prescribed herein for the issuance of fee- simple patents will apply so far as applicable. SALE OF ALLOTTED INDIAN LANDS EXCEPT THOSE BELONGING TO THE FIVE CIVILIZED TRIBES. The following regulations are to be observed in lieu of rules here tofore approved for the conveyance of lands allotted to members of any tribe of Indians for which trust or other patents have been issued with restriction upon alienation under the provisions of the act of Congress approved February 8, 1887 (24 Stat., 388), or other acts of Congress or any treaty stipulation, as authorized by section 7 of the act of May 27, 1902 (32 Stat., 245-275) ; the act of March 1, 1907 (34 Stat., 1015-1018) ; the act of May 29, 1908 (35 Stat., 444), and the act of June 25, 1910 (36 Stat, 855). I. WHAT LANDS MAY BE SOLD. Subject to the rules and regulations herein prescribed, the follow ing classes of lands may be sold : (1) Of the heirs, whether adults or minors, of any deceased Indian to whom a trust or other patent containing restrictions against alienation has been issued or shall be issued on lands allotted to him. (2) Of persons deemed incompetent by the Secretary of the Inte rior to whom allotments have been made and patents issued con taining restrictions against alienation. In general, any adult Indian to whom a patent has been issued, containing restrictions against alienation will be deemed incompe tent, but sales by such Indians will be allowed only when it appears to be for their best interests. II. METHOD OF MAKING PETITION FOB SALES. If any Indian owner described in the foregoing section desires to sell such land or a portion thereof he may petition the Commissioner of Indian Affairs, through the superintendent or other officer in charge within whose territorial jurisdiction the land is situated, praying that the land described in the petition may be sold and the proceeds disposed of in accordance with the laws applicable. (Form 5-110.) When petition is made for the sale of an original allotment of an incompetent Indian it must set forth clearly the nature and extent of the incompetency of the proposed vendor and show whether the allotment, or any part thereof, is leased ; and if so, the annual rental thereof. The owner must subscribe his name or affix his mark or thumb mark to the petition. If the petition is made by the heirs of a decedent, it shall set forth every material fact necessary to show full title in the petitioners under the laws applicable, and shall be signed by all the adult heirs on their own behalf, by the natural guardian of any minor heir who (9) 62709 10 2 10 has such a guardian, and by the disbursing officer in charge of the, supervising agency or school on behalf of any orphan minor heir. (Form 5-110.) Only parents will be recognized as natural guardians. If the father and mother are living together, the father must sign the peti tion on behalf of his minor child, otherwise the parent having the actual care and custody of the minor must sign it. i III. METHOD OF MAKING PETITION FOB SALE WHEN LAND IS NOT WITHIN JURISDICTION OF AGENT. When the land is not located within the territorial limits of an Indian reservation, the owner thereof may petition the most con venient superintendent or other officer in charge of an Indian agency or Indian tribe, or such other public officer of the United States as may be designated by the Secretary of the Interior, who shall take like action thereon as if the land were within the territorial limits of an Indian reservation. IV. NOTICE AND HEARING. When the petition for sale of inherited land is received the super intendent or other officer designated by the Secretary of the Interior shall post notices and take the further action prescribed in these regulations under the heading " Patents in fee to heirs " (pp. 5 to 6). In case there are any minor heirs interested in the land, the super intendent shall designate some competent disinterested person as guardian ad litem to act for such minors and represent them at the hearing, and such guardian ad litem shall have the right to cross- examine witnesses and introduce evidence on behalf of his ward. In all such cases the report of the superintendent submitting the case for departmental action shall include a statement showing the appointment of such guardian ad litem, and whether or not such guardian was present at the hearing. Actual and necessary expenses incurred by reason of calling dis interested persons as witnesses at the hearing must be paid by the persons on whose behalf such persons are called. In no case will an attorney s fee be paid from the proceeds of sale unless his employ ment is previously authorized by the Department of the Interior. V. LISTS TO BE POSTED. When such superintendent or other officer in charge shall be satisfied that the facts alleged in the petition are sufficient, he shall appraise the land and cause a memorandum record of the same to be made in a book, or on cards, to be kept for that purpose, and shall file the petition in his office. He shall on each Monday morning post in a conspicuous place in his office, in the post-office of the nearest city or town, and in at least one other public place, in such large letters and figures as will be clearly legible, for a period of sixty days, a list of the lands described in the petitions received by him during the week preceding each such Monday, showing the names of the owners, the description of the lands, the appraised value, the 11 date when listed, and the date when bids will be opened, and such lists shall be accessible to the public at all times in business hours in his office. VI. ADVERTISEMENT. (1) General. The superintendent or other officer in charge shall cause an advertisement of the lands offered for sale to be published once each week (in the weekly edition, if one is issued) in a news- Eaper of general circulation in the county or locality in which the mds are situated, giving in concise form the description of the lands, the time within which and place where bids may be received, how they are to be marked, the terms of sale, and that further in formation in regard thereto may be procured on application in per son or by letter to the superintendent or officer in charge. The lists so advertised shall be corrected once each week by adding thereto such other lands as may have been listed and removing therefrom such lands as may have been sold during the prior week. Superin tendents or other officers in charge will, on request, furnish a list of all lands offered for sale to anyone making application therefor, and inform them as to the regulations governing such sales. (2) Payment of costs. Purchasers shall pay all costs of convey ancing, and. in addition, the following sums, to wit: If the purchase price is $1,000 or less, $1.50; if it be more than $1,000 and not more than $2.000. $2; if the purchase price is more than $2,000, $2.50, to be used by the disbursing officer in charge of the agency for giving public notice of the sale as herein provided. The funds so received by the disbursing officer must be accounted for as " Miscellaneous Receipts, Class IV, Proceeds of Advertising Fees." These fees should not be included with the checks in payment for the land, but should be kept separate and distinct at all times. If the number of sales is not sufficient to pay the expenses incurred in advertising the land the superintendent or other officer in charge may deduct from the purchase price (provided the sale is approved) the additional cost of advertising and partition proceedings, if any. (3) Additional publicity. Any petitioner, with the consent of the superintendent or other officer in charge, and on depositing with him the necessary fees, may cause notices of the proposed sale to be published in such papers as he may elect. Superintendents or other officers in charge may, when it appears that the interest of the petitioners will be benefited thereby, require them to deposit $5 to defray the cost of giving wider notice of sale. Larger deposits will not be required without specific authority from the Commissioner of Indian Affairs. (4) When advertisement may be waived. Where an Indian allottee desires to sell a part of his allotment or a part of an inherited allot ment for school, cemetery, church, or other similar purposes to the United States, or to a private corporation or association for like pur poses, upon the ascertainment by the superintendent or other officer under whose jurisdiction the land to be sold is situated that the price to be paid is a fair and adequate consideration therefor, the advertise ment of the land for sale and the requirement of sealed bids upon the land may be waived. The superintendent or other officer in charge, however, will submit a full report with regard to the necessity of the 12 land for the purpose for which it is sold, together with his recom mendation in the premises. In case it is inherited land proof as to heirship as heretofore required must be submitted. VII. APPRAISAL. Before any tract of land has been posted for sale the superintendent or other officer in charge shall visit, view, and appraise it at its full value for the purpose for which it is best adapted, according to his best judgment. If such superintendent or officer is from any cause unable personally to appraise the lands he shall require the appraise ment to be made in like manner by the most competent officer or employee under his charge. No bid for less than the appraised value shall be considered. If the appraisement is made by a person other than the superintendent or officer in charge, such superintendent or officer shall add a certificate of the qualifications and integrity of the appraiser, and that he believes the appraisement to be the value of the land. (Form 5-110a.) VIII. BIDS. (1.) Time of receipt and opening. The day for opening bids on Indian lands shall be sixty days from the date of first posting, and bids shall be received until 2 o clock p. m. of that day, at which hour they will be opened. (2) Method of making bids. Each bid must be accompanied by a duly certified check on some solvent bank, payable to the order of the superintendent or other officer in charge, for the use of the vendor, for 10 per cent of the amount offered, as a guaranty of the bidder s faithful performance of his proposition. If the bid shall be accepted and the successful bidder shall, within thirty days after due notice, fail to comply with the terms of his bid, such check shall be forfeited to the use of the owner of the land, less the cost of advertising, etc. All such bids shall be inclosed in a sealed envelope, which must be marked by the bidder " Bid for Indian land," and state the date of opening, but the description of the land shall not be noted on the envelope. No bidder will be permitted to include more than one allotment in any bid. If a prospective purchaser desires to bid on more than one allotment he must submit a separate bid for each allotment he desires to purchase, and if he wishes less than an entire allotment, he must submit a bid for one or more legal subdivisions of such allotment. (3) Employees not allowed to bid. Under no circumstances will the superintendent or other officer in charge, or any person connected with an agency office or the Indian Service, be permitted to bid or to make or prepare any bid or assist any prospective bidder in preparing his bid. (4) Rejection of bids. The right to reject any or all bids is re served to the Commissioner of Indian Affairs. (5) Aivard. Bidders, owners, and other interested persons may be present when bids are opened. The superintendent or other officer in charge shall notify the Indian of this right when the petition is filed. When opened the bids shall be so recorded in a book or on 13 cards to be kept for that purpose as to show the name of bidder, description of land, amount offered, and action taken thereon. The award shall be made to the highest bidder and the checks of the unsuccessful bidders shall be immediately returned to them, receipts therefor being taken and filed in the agency. (6) Temporary disposition of purchase price. The exchange sub mitted with the bid of the successful bidder shall be immediately deposited by the superintendent or other officer in charge to his official credit in a designated depositary for individual Indian money. As soon as practicable the superintendent or other officer in charge shall require the successful bidder to furnish additional exchange for the remaining 90 per cent of the amount bid, which shall be deposited forthwith to the official credit of the disbursing officer in the same depositary or depositaries to await the action of the department on the sale. (7) Relisting. Lands not disposed of at the appointed time may, if the heirs or allottees interested so desire, be relisted and offered for sale after thirty days advertisement. IX. DEFERRED PAYMENTS. It is the earnest desire of the Secretary of the Interior and the Commissioner of Indian Affairs to sell irrigable and agricultural land under the deferred-payment plan in order to encourage as far as possible the sale of Indian lands to actual settlers. By surround ing the Indians with progressive and industrious settlers the good influence upon the Indians as a whole is apparent. All Indian super intendents and field officers having in charge the sale of Indian lands are hereby directed to use their earnest effort and constant endeavor to bring into the field as bidders on Indian land the actual settler. The department realizes that the same conditions do not exist on all reservations ; that, in fact, each petition for sale that is filed pre sents a different aspect when the actual need of the Indian who wishes to sell his land is considered. Therefore no hard and fast rule should be laid down that all irrigable and agricultural land offered for sale must be sold under the deferred-payment plan, but when a sale can be perfected under this plan the superintendent or other field official is directed to follow it. At the time the petition for sale is filed the allottee or heirs inter ested must agree that payment for the land to be sold may be part cash and the balance secured by notes bearing the usual and legal rate of interest of the locality" in which the land is located, 10 per cent of the purchase price to accompany the bid, 15 per cent addi tional of the purchase price to be paid when the bid is accepted, and the balance to be paid on such terms and conditions as may be agreed upon between the superintendent and the Indian owner. When the purchase price and the accrued interest on the notes have been paid in full a patent in fee will be issued to the purchaser, and in cases where a patent in fee is not authorized by law a deed executed by the allottee or heirs and approved by the Secretary of the Interior will be delivered to the purchaser. When lands are sold by deferred payment a certificate or memoranda of purchase, setting out fully the terms of sale, will be delivered to the purchaser. If the pur- 14 chaser makes default in his first payment, the 10 per cent paid will be forfeited to the Indian owner, and in case default is made in future payments an additional 15 per cent of the purchase price will be so forfeited. When a petition for the sale of land is received the superintendent should examine the land and appraise it at its full value. The appraisement, terms, and conditions of sale should be advertised in a paper of general circulation in the section in which the land is located. In so far as applicable the general rules and regulations for the sale of allotted land will be observed in the sale of land under the deferred payment plan, except as above provided. X. CONVEYANCE. (1) Method of making conveyance. Lands sold in accordance with the provisions of these regulations, except as above indicated, will be conveyed direct to the purchaser by patent in fee simple from the United States. If the lands are located in Oklahoma or the issuance of a fee patent is not authorized by law, a warranty deed from the allottee or heirs, approved by the Secretary of the Interior, will be given to the purchaser. Inherited lands in Oklahoma can be sold only under the act of May 27, 1902 (32 Stat, 245-275), which provides that the interests of minor heirs shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition filed by the guardian, and the amended rules approved by the Acting Secretary of the Interior September 10, 1907, to govern such sales are continued in force. The sale and conveyance of lands of noncompetent Indians in Okla homa can only be made under the provisions of the act of March 1, 1907 (34 Stat., 1015-1018). (2) Partition proceedings. No sale of an individual interest in an undivided tract of land will receive approval. In case the lands of the decedent are capable of partition to the advantage of the heirs, the Secretary of the Interior has authority to partition the lands. If the land of a deceased allottee has been partitioned by the proper state court among his heirs, a certified copy of the findings of fact and the decree of partition may be furnished to be used as evidence before the department in the partition proceedings. When the land of a decedent is partitioned among his or her heirs by the Secretary of the Interior any such heir may sell the portion set off to him by such partition. If the land is located in Oklahoma partition proceed ings by the Secretary of the Interior are not authorized. XI. APPROVAL OF SALE. All sales of lands made under the acts referred to herein must be submitted for the Secretary s approval and accompanied by the original petition for sale, the testimony taken at the hearing, the appraisement, all bids relating to the land covered by the petition, and a full report, in accordance with Form 5-1 10e, or as hereinafter required by the Commissioner of Indian Affairs, by the superinten dent or other officer in charge, of all proceedings previous to his report which relate to the sale. 15 No proceedings or actions under these regulations shall affect in any respect the right of the Secretary of the Interior to exercise the discretion given him by law relative to the approval of sales of Indian lands. If the sale has been made by the heirs of a deceased allottee, the following instruments must also be submitted : (1) A full report of the testimony taken at the hearing, also a report from the superintendent. (Form 5-107.) (2) If in the case of any deceased allottee there shall have been or shall hereafter be probate or other court proceedings establishing who are the heirs of such deceased allottee, a certified copy of the final order, judgment, or decree of the court showing and determin ing such heirship must be furnished, but such proceedings shall be effective only when adopted by the Secretary of the Interior as his findings and judgment as to who are the lawful heirs of the deceased allottee. (3) A certificate from the superintendent or other officer having charge of the Indian tribe that the effect of the sale has been ex plained to and fully understood by the Indian owners; that the con sideration bid is a fair price for the land; that the same has been secured to be paid to the owners or for their benefit in lawful money of the United States ; that the sale is in every respect free from fraud or deception ; and in case of lands in Oklahoma other than those of the Kaws and Osages that said allottee did not reside on his homestead or allotment or cultivate the land sold during his lifetime and immediately preceding his death. If the allottee did reside upon such land, then it must be shown of whom the family of the deceased allottee consisted, their ages and relation to said deceased allottee, in order to determine whether it is a case in which a sale is author ized under the act of May 27, 1902. (Form 5-110b.) (4) If the sale be made by an original allottee, a certificate of the superintendent or other officer in charge in the form (5-110b) pre scribed herein shall accompany the papers. (5) And in all cases by the following: (a) The affidavit of the grantee in accordance with the form (5-187) herein prescribed. (b) Where the land conveyed, or any part thereof, is less than a legal subdivision or does not conform to the public survey, a diagram prepared by a competent surveyor or an authenticated copy of the official plat of survey indicating all the land intended to be conveyed and all former sales by the vendors or allottees must be furnished for the use of the Indian Office. Where these rules specify two or more officers or other persons to perform certain duties, preference must in all cases be given to such officers or persons in the order named. XII. DISPOSITION OF PROCEEDS. Upon notification by the Indian Office that the sale has been ap proved, the disbursing officer in charge will draw his official check or checks for the net amount of the purchase price of the land and place the proper proportion to the credit of each heir or allottee in the 16 regular depository for individual Indian moneys, or pay it direct to the heir or allottee. Such amounts shall thereafter be handled in accordance with the regulations relating to individual Indian moneys. When officially notified that the sale has been rejected, the dis bursing officer in charge shall immediately return the amount depos ited by the proposed purchaser. If payment is made in cash, he shall take receipt therefor in duplicate. The original receipt must be attached to the officer s sales roll for the proper quarter. If the return is made by official check, the number, date, and name of de pository on which drawn must be stated on the land-sales roll in the column of " Remarks." In all cases in which persons (adults or minors) are entitled to share in the proceeds of the sale of an Indian allotment, and such per sons are not of Indian ~blood, the superintendent or other disbursing officer in charge shall set forth in his letter of transmittal the names of such persons, and under no circumstances will their share be de posited to their personal credit after the approval of a sale, but shall be paid direct to such persons or to their legal representatives. XIII. SALE FOR TOWN-SITE PURPOSES. Whenever it shall appear to the satisfaction of the Commissioner of Indian Affairs that it would be to the material advantage of the petitioner to sell an allotment, or any part thereof, for town-site pur poses, the superintendent or officer in charge may be directed to cause such allotment, or part thereof, to be surveyed into lots, blocks, streets, and alleys, under regulations to be prescribed by the Commissioner of Indian Affairs. The lots in said town sites shall be appraised, ad vertised, and sold at public auction under sealed bids or at private sale to the highest bidder, at not less than the appraised value, under such further regulations as the Secretary of the Interior may prescribe. The costs incident to the sale of such allotment shall be paid by the Indian owner. XIV. MINOR S INTEREST, YAKIMA RESERVATION. Sales of the interests of minors in allotments on the Yakima Res ervation under the act of March 27, 1908 (35 Stat,, 49), should be made in accordance with the provisions of the foregoing chapter. XV. EXCEPTIONS TO PRECEDING REGULATIONS. CITIZEN POTAWATOMI AND ABSENTEE SHAWNEE INDIANS OF OKLAHOMA. The act of August 15, 1894 (28 Stat., 295), provides: That any member of the Citizen band of Pottawatomie Indians and of the Absentee Shawnee Indians of Oklahoma, to whom a trust patent has been issued under the provisions of the act approved February eighth, eighteen hun dred and eighty-seven (24 Stat. L., 388), and being over twenty-one years of age, may sell and convey any portion of the land covered by such patent in excess of eighty acres, the deed of conveyance to be subject to approval by the Secretary of the Interior under such rules and regulations as he may prescribe, and that any Citizen Pottawatomie not residing upon his allotment, but being a legal resident of another State or Territory, may in like manner sell and convey all the land covered by said patent, and that upon the approval of such deed by the Secretary of the Interior the title to the land thereby con veyed shall vest in the grantee therein named. 17 That act was modified by the act of May 31, 1900 (31 Stat., 247), which provides : That the proviso to the act approved August fifteenth, eighteen hundred and ninety-four, permitting the sale of allotted lands by members of the Citizen Band of Pottawatomie Indians and of the Absentee Shawnee Indians of Okla homa is hereby extended so as to permit the adult heirs of a deceased allottee to sell and convey the lands inherited from such decedent; and if there be both adult and minor owners of such inherited lands, then such minors may join in a sale thereof by a guardian, duly appointed by the proper court, upon an order of such court made upon petition filed by such guardian, all conveyances made under this provision to be subject to the approval of the Secretary of the Interior; and any citizen Pottawatomie or Absentee Shawnee not residing upon his allotment, but being an actual resident of another State or Terri tory, may in like manner sell and convey all the land allotted to him. That such proviso of the act approved August fifteenth, eighteen hundred and ninety-four, as herein enlarged, is hereby extended to those members of the Citizen Band of Pottawatomie Indians and the Absentee Shawnee Indians who were given allotments under the act approved the twenty-third day of May, eighteen hundred and seventy-two, and to their heirs; and any purchasers of Indian blood of lands sold under the provisions of the act last named, or their heirs, who may own other allotted lands under any act of Congress, may sell all the lands so owned by them in excess of eighty acres, the restrictions against sales by allottees, under the act last named, to others than the United States or persons of Indian blood being hereby removed ; and all such conveyances shall hereafter be subject to the approval of the Secretary of the Interior. That the provisions hereof as to the sale of inherited lands by heirs of de ceased allottees of the Citizen Band of Pottawatomie Indians and Absentee Shawnee Indians are hereby extended and made applicable to the heirs of allot tees of the Peoria and Miami Indians, who were authorized by the act approved June seventh, eighteen hundred and ninety-seven, to sell a portion of their lands, and all sales and conveyances of lands of deceased allottees by their heirs, which have been duly made and executed by such heirs and duly ap proved by the Secretary of the Interior, are hereby ratified and confirmed. So far as applicable, the rules and regulations above prescribed will apply to the sale of lands under the provisions of the acts of August 15, 1894 (supra), and the act of May 31, 1900 (supra). PEORIA AND MIAMI. The act of June 7, 1897 (30 Stat., 72), provides: That the adult allottees of land in the Peoria and Miami Indian Reservations in the Quapaw Agency, Indian Territory, who have each received allotments of two hundred acres or more may sell one hundred acres thereof, under such rules and regulations as the Secretary of the Interior may prescribe. This act was modified by the act of May 31, 1900 (31 Stat, 247), by the terms of which the sale of the inherited lands by heirs of deceased allottees of the Peoria and Miami Indians were authorized. In so far as applicable, the rules and regulations herein prescribed will apply to sales made under this act. WYANDOTTES. The act of June 10, 1896 (29 Stat., 343), provides: That the adult allottees of sections twenty-one and twenty-eight, In township twenty-seven north, of range twenty-four east, in the Wyaudotte Reservation, Indian Territory, may sell and convey the land allotted to them in said sections: Provided, That the land so conveyed shall not exceed one-half of the land owned by each of them within the limits of the Quapaw Agency, subject to the approval of the Secretary of the Interior. In so far as applicable, the rules and regulations herein prescribed will apply to sales of land under this act. 18 MODOCS IN OKLAHOMA. The act of March 3, 1909 (35 Stat., 751), provides: That the Secretary of the Interior be, and he is hereby, authorized and directed to restore to the rolls of the Klamath Agency, in Oregon, those Modoc Indians now enrolled at the Quapaw Agency, in Oklahoma, formerly Indian Territory, together with their descendants living at the date of the passage of this act, and that upon the removal of any of said Indians to the Klamath Reservation, in Oregon, they shall be allotted as other Indians on said reserva tion, and that upon the passage of this act they be accorded all the rights and privileges of other Indians enrolled at the Klamath Agency : Provided, That for the purposes of such removal the Secretary of the Interior be, and he is hereby, upon application of any allottee, authorized to sell, under such rules and regu lations as he may prescribe, all lands inherited and otherwise heretofore allotted to the members of said tribe in Oklahoma, and he is authorized to issue a patent in fee simple to the purchaser or purchasers of said lands, and all restrictions as to the sale, incumbrance, and taxation of said land shall thereupon be removed : Provided, further, That if any member of the Modoc tribe of Indians prefers not to have his or her land sold, such allottee may lease his or her land in Oklahoma for a period of not to exceed five years, the parent or next of kin having the care and custody of any minor executing the lease for such minor. Modoc Indians, owners of allotments within the Modoc Reserva tion, who wish to sell their lands for the purpose of removing to the Klamath Reservation, Oreg., may make application to the super intendent of the Seneca Indian School, Wyandotte, Okla., for the sale thereof. Such applications shall be signed by the adult Modoc allottee, or in case of minors by the natural guardian, and in case of orphan minors by the superintendent, and shall contain an agree ment to the effect that the proceeds of the sale, after deducting ex penses of advertisement, shall be held in trust by the United States and deposited to the credit of the Indians, subject to check of the owners, when approved by the superintendent or other Indian officer in charge, but the moneys so deposited shall be paid to them or used for their benefit in the discretion of the Commissioner of Indian Affairs, and only for purposes connected with and attendant upon their removal to the Klamath Reservation, Oreg., and for their expenses thereafter. In all other respects the rules and regulations herein prescribed will apply to the sale of lands under the provisions of the act of March 3, 1909 (35 Stat, 751). KAW AND OSAGE. The act of March 3, 1909 (35 Stat., 778), provides: That the Secretary of the Interior be, and he hereby is, authorized and em powered, upon application, to sell, under such rules and regulations as he may prescribe, part or all of the surplus lands of any member of the Kaw or Kansas and Osage tribes of Indians in Oklahoma : Provided, That the sales of the Osage lands shall be subject to the reserved rights of the tribe in oil, gas, and other minerals. Except as hereinafter provided the rules and regulations prescribed for the sale of allotted Indian land will apply to the sale of land under the act of March 3, 1909 (35 Stat., 778) . (1) No application will be considered unless the applicant agrees that the land shall be sold on such terms and conditions as may be prescribed by the Secretary of the Interior, and that the proceeds 19 of such sales, except the first payment, not to exceed, however, $1,000, shall be handled by and disposed of for the benefit of the applicants in such manner as the Commissioner of Indian Affairs shall direct. (2) The lands will be sold for one-fourth cash at time of sale, as herein provided, the remainder of the purchase money to be paid one- fourth in two years, one-fourth in three years, and one-fourth in four years, respectively, from the date of sale, and shall be evidenced in each case by nonnegotiable notes, bearing 6 per cent interest, se cured by nonnegotiable mortgage on the land purchased. The notes and mortgages must be on the forms prescribed by the department. (3) A deed to the purchaser shall be executed by the applicant simultaneously with the execution of the mortgage, which deed and mortgage shall be approved by the Secretary of the Interior and recorded in the county records at the expense of the purchaser. After being approved and recorded the deed will be delivered to the pur chaser and the notes and mortgage shall be deposited with the re spective superintendents and retained in his office until the entire purchase price has been paid and the mortgage and notes canceled and released. The purchaser., with the consent of the vendor, shall have the right to pay the entire amount of the purchase money and accrued interest, if any, at any time and obtain the cancellation of the notes and mortgages: Provided, That at the time of sale the pur chaser shall have the privilege of paying all cash. (4) In the event of the default of the purchaser in making any of the deferred payments, or the interest thereon, or the taxes as sessed against the land, the Secretary of the Interior may direct the foreclosure of the mortgage in the name of the vendor. Should the land upon foreclosure sell for sufficient to pay the mortgage, interest, and cost of foreclosure, the amount due the vendor shall be placed to his credit in the manner herein provided for deferred payments; but in the event the land on foreclosure shall not sell for sufficient to make the deferred payments, interest, and costs, then the Secretary may direct that the land be bought in by the allottee, in which event it shall thereafter be held by him under the same restrictions and limitations as before the original sale, unless in the meantime a certifi cate of competency shall have been issued to him, and the deeds and mortgages executed hereunder shall so provide. SALE OF SURPLUS LANDS OF MINOR OSAGES. The petition for sale and the deed must be signed by the natural guardian of any minor heir who has such a guardian and by the dis bursing officer in charge of the supervising agency or school in behalf of any orphan minor heir. SALE OF LANDS OF INDIANS BELONGING TO THE QUAPAW INDIAN AGENCY. Adult members of the tribes of Indians under the jurisdiction of the Quapaw Agency, Okla., except the Modocs, are authorized to sell part of their lands under the act of March 3, 1009 (35 Stat., 751), which provides: That the Secretary of the Interior be, and he is hereby, authorized, upon application of any adult member of either of the tribes of Indians belonging to the Qnapaw Indian Agency, in the State of Oklahoma, to remove the restric tions on any part of or all the lands allotted to such applicant, and permit a sale under such terms and conditions as he may deem for the best interests of 20 the applicant, excepting a tract of not less than forty acres, which shall be desig nated and held as a homestead : Provided, That this section does not apply to the Modocs. The following regulations are hereby prescribed for the purpose of carrying into effect section 1 of the act of Congress approved March 3, 1909 (supra) : 1. Adult members of either of the tribes belonging to the Quapaw Agency, except Modocs, who desire to have the restrictions removed from all or part of their allotments, shall make application to the superintendent or other officer in charge of the Quapaw Agency, such application to be made in duplicate on prescribed forms, which will be furnished free of charge on application to the superintendent of the Quapaw Agency. 2. When an application is received by the superintendent of the Quapaw Agency, he shall, after an investigation, forward the same with report and recommendation to the Commissioner of Indian Affairs for consideration. 3. If the Secretary of the Interior finds that any applicant for the removal of restrictions should have the unrestricted control of his allotment, he will remove the restrictions wholly or in part without conditions concerning terms of sale and disposal of the proceeds. 4. When, however, the Secretary of the Interior finds it to be for the best interests of any applicant that all or part of his restricted lands should be sold with conditions concerning terms of sale and dis posal of the proceeds, he may remove the restrictions to become ef- tective only and simultaneously with the execution of the deed by said applicant to the purchaser. Before said deed is executed the designated tract or tracts of lands shall be sold upon such terms and in such manner as the Secretary of the Interior may in each case specifically direct. Whenever the Secretary of the Interior so directs, the superintendent of the Quapaw Agency will cause a description of the land, with necessary information, to be advertised for a period of not less than thirty days; and sealed bids for the purchase of such land will be received at the office of the superintendent of the Quapaw Agency until 2 o clock p. m. of the day on which the bids are to be opened, and the bids will be publicly opened immediately after thai hour at the office of the superintendent. All bids shall be inclosed in a sealed envelope, on which must be plainly written, " Bid for Indian lands," and the date bids will be opened must be indorsed on the envelope. The envelope must not disclose the description of the land. Neither the superintendent nor any empkrvee connected with Indian service will be allowed to prepare any bid or to assist in the preparation thereof. Each bid must be accompanied by a duly certi fied check on some solvent bank for the use of the grantors, payable to the superintendent, for 10 per cent of the amount bid as a guaranty for the faithful compliance by the bidder with his proposition. If the bid is accepted and the successful bidder shall fail, within ten days from the receipt of notice of the acceptance of his bid, to comply with the terms thereof, such certified check will be forfeited to the use of the ow r ner or owners of the land unless within thirty days after the date of opening bids the Secretary of the Interior shall order otherwise. The right to reject any or all bids is reserved. 5. Each tract of land posted or offered for sale, as provided herein, shall, prior to the date bids are to be opened, be personally inspected and appraised at its full value by the superintendent of the Quapaw 21 Agency or such officer or employee as he may designate, and a certifi cate of such appraisement by the officer or employee making the appraisement shall be sealed and not opened until immediately after the bids received for that particular tract of land are opened. The appraisement shall not be disclosed to any person prior to the opening of bids nor be made public thereafter, and no bid less than the appraised value shall be considered. All cost of conveyancing and recording shall be at the expense of the purchaser. The checks of unsuccessful bidders shall be returned at the earliest possible date when properly receipted for to the superintendent. 6. Upon the proper consummation of a sale made in compliance with the directions of the Secretary of the Interior, the superin tendent or other officer in charge of the Quapaw Agency will make an indorsement upon the order for the removal of restrictions from the land sold, using the following form: I hereby certify that, pursuant to the above order, the land described therein has been sold in compliance with the directions of the Secretary of the Interior and that, to make the sale effective, deed for said land from said allottee to , the purchaser, was executed on , 19 . 7. The superintendent or other officer in charge of the Quapaw Agency will make an indorsement upon the deed also, using the fol lowing form : I hereby certify that the land conveyed by this deed has been sold in compli ance with the directions of the Secretary of the Interior pursuant to the order dated , 19 , for the removal of restrictions from said land. 8. Such deed and the order for the removal of restrictions thus indorsed shall be delivered by the superintendent of the Quapaw Agency to the grantee. 9. The proceeds of such sales shall be held and disbursed for the benefit of the respective Indians as the Commissioner of Indian Aifairs shall direct in each case. 10. When the Secretary of the Interior deems it to be to the best interest of the allottee he will, as far as practicable, direct that the payment for the land sold shall be part cash and the balance secured by"a first mortgage on the premises conveyed, such balance to be paid upon such terms and conditions as may be designated in each case. 11. If a sale is made with deferred payments under section 10 hereof, the balance due after the first payment shall be evidenced by notes bearing 6 per cent interest and secured by a mortgage. The notes and mortgage shall be made nonnegotiable, except with the approval of the Secretary of the Interior, and held by the superin tendent of the Quapaw Agency, or such other officer as the Secre tary of the Interior may designate, until each note respectively has been paid, the notes to be delivered to the purchaser or his repre sentative for cancellation as soon as paid and the mortgage to be thus delivered when all the purchase price with interest is fully paid. The order of the Secretary removing restrictions, the deed, and the mortgage shall be recorded and the expense paid by the purchaser before the delivery of the deed to him. R. G. VALENTINE, Comm issioner. Approved, October 12, 1910. JESSE E. WILSON, . Assistant Secretary. o 7 DAY USE RETURN TO DESK FROM WHICH BORROWED DOCUMENTS DEPT. This publication is due on the LAST DATE stamped below. T D TO ART- NOV 8 i960 RB 17-60m 6/59 (A2840slO)4188 General Library University of California Berkeley GENERAL LIBRARY - U.C. 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