46th CONGRESS,
1st Session.
IN THE SENATE OF THE UNITED STATES.
March 26, 1870.
Mr. SLATER asked and, by unanimous consent, obtained leave to bring in the following bill; which was read twice and referred to the Committee on Indian Affairs.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, directed, authorized, and empowered, either in person or by commissioners appointed by him, to negotiate with the Indian tribes now occupying the Umatilla, Warm Spring, Klamath, and Siletz reservations in the State of Oregon, for the extinguishment of their title to the lands now held or occupied by them on said several reservations, and for their removal to and settlement upon other unoccupied lands of the United States without the limits of said State: Provided, That said Indians may
be consolidated with other Indian tribes upon reservations already established beyond the limits of the State aforesaid.
Sec. 2. That immediately upon the removal of said Indians, or the removal of the Indians residing upon any of the reservations named in the first section of this act, the Secretary of the Interior shall cause the lands within such reservations or reservation to be thrown open for settlement and purchase under the general laws of the United States respecting the settlement and purchase of the public lands thereof, and the said lands shall be subject to settlement and purchase the same as other public lands of the United States: Provided, That any Indian twenty-one years old, or the head of a family , desiring to abandon his tribal relations with any of the tribes resident upon any of the said reservations, and to take lands separately and for his own use and occupation upon the reservation to which such Indian may belong, shall be entitled to select from the lands within such reservation one hundred and sixty acres of land, to be located according to legal subdivisions under the surveys of the United States, which selection shall be made within such time and in accordance with such rules and regulations as may be prescribed by the Secretary of the Interior; but no patents shall issue for lands selected by Indians under the provisions of this act until satisfactory proof shall be made that the Indian selecting the same
has abandoned his tribal relation, and has settled upon, improved, cultivated, and made his home upon the same for three consecutive years, such proof to be made under and in accordance with rules to be prescribed therefor by the Secretary of the Interior. All applications for lands under the provisions of this act shall be filed in the land-office in the district where the lands are located: Provided further, That the title to land acquired under this act shall not be subject to alienation or incumbrance, either by voluntary conveyance, or by the judgment, decree, or order of any court, but shall be and remain inalienable, and shall not be subject to taxation for any purpose, for a period of twenty years from the date of the issue of patent, which conditions shall be incorporated in the patent.
Sec. 3. The commissioners to be appointed under the provisions of this act shall receive compensation for their services at the rate of eight dollars per diem while actually engaged in the duties herein designated, in addition to the amount expended by them for actual traveling expenses.
Sec. 4. That for the purpose of carrying the provisions of this act into effect the following sums, or so much thereof as may be necessary, be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to be expended under the direction of the Secretary of the Interior:
For payment of all expenses in connection with the negotiations provided for in this act, the sum of ten thousand dollars.
For removal and settlement of the Umatilla Indians, twenty-five thousand dollars.
For the removal and settlement of the Warm Spring Indians, twenty-five thousand dollars.
For the removal and settlement of the Klamath Indians, twenty-five thousand dollars.
For the removal and settlement of the Siletz Indians, twenty-five thousand dollars.