Canceled entries. Disposal of allotted irrigable lands. Payments. Forfeiture. Use of proceeds of sales. Interior shall have power to cancel the entry and the corresponding water right and declare forfeited to the said Yakima Indian fund and the reclamation fund, respectively, the amounts paid on such entry and water right. The lands embraced within such canceled entry shall be subject to further entry under the reclamation Act at the appraised value until otherwise directed by the President, who may by proclamation, as provided by said Act of December twenty-first, nineteen hundred and four, from time to time fix such price as he may deem most advantageous upon all lands within such projects not diposed of. SEC. 3. That if any lands heretofore allotted or patented to Indians on said Yakima Indian Reservation shall be found irrigable under any project the Secretary of the Interior is hereby authorized, upon the request or with the consent of such allottee or patentee, to dispose of all land in excess of twenty acres in each case, in tracts of an area approved by him and subject to all the provisions of the reclamation Act to any person qualified to acquire water rights under the provisions of the reclamation Act at a price satisfactory to the allottee or patentee and approved by the Secretary of the Interior, or at public sale to the highest bidder. The payments shall be made in annual installments, the number and terms being approved by the Secretary of the Interior. Such payments shall be in addition to the charges for construction and maintenance of the irrigation system made payable into the reclamation fund by the provisions of the reclamation Act. In case of failure to make any payment for such lands when due or the charges under the reclamation Act the Secretary of the Interior shall have power to cancel the entry and the corresponding water right and again dispose of the land in the manner herein before provided. SEC. 4. That from the payments received from the sale of such individual Indian lands there shall be covered into the reclamation fund the amounts fixed by the Secretary of the Interior as the annual charges on account of the land retained by such Indian for the construction and maintenance of the irrigation system as required under the reclaBalance credited to mation Act. The balance, if any, shall be deposited in the Treasury of the United States to the credit of the individual Indians, and may be paid to any of them if, in the opinion of the Secretary of the Interior, such payments will tend to improve the condition and advance the progress of said Indians, but not otherwise. individual Indians. Maintenance, etc., charges. Water supply. SEC. 5. That the Secretary of the Interior is hereby authorized to cover into the reclamation fund from the money of any such Indian, either from his individual credit or from the general Yakima Indian fund, for the payment of charges for construction and maintenance for the water rights appurtenant to the land retained by him or for the annual maintenance charges payable on account of such water rights after the construction charge thereon has been paid in full. After unconditional title in fee has passed from the United States for any lands retained by such Indians, the water for irrigating such lands shall be furnished under the same conditions in all respects as for other lands under the Perpetual water project: Provided, That any Indian taking advantage of this Act shall have a perpetual water right so long as the maintenance charges are paid, whether he uses the water or not, and the Secretary of the Interior is hereby authorized to use the funds of the tribe to pay such maintenance charges, which in his discretion it is necessary to preserve said water right: Provided further, That he may, in his discretion, use said funds to pay for water rights and the maintenance charges on twenty acres of any Indian allotment if the sum obtained from the sale of the allottee's land in excess of twenty acres and his interest in the tribal funds be insufficient for those purposes. Provisos. rights. Use of funds. Patent in fee. SEC. 6. That the Secretary of the Interior shall be authorized, upon compliance with the provisions of this Act and of the reclamation Act, by any party having purchased such allotted or patented lands as herein provided, to issue patent passing unconditional title in fee by the United States as trustee for the allottee or patentee, and shall cancel any allotment as to the lands disposed of under this Act. Cost of irrigation works to be paid from SEC. 7. That the irrigation works heretofore constructed for the Yakima Indian Reservation may be at a cost to be determined by the Sec- sales of water rights. retary of the Interior included in any project developed under the provisions of the reclamation Act and of this Act, and become a part of said project for all purposes of the reclamation Act, and the cost of same shall be included in the cost of such project and be paid into the Yakima Indian fund out of the proceeds arising from the sale of water rights from time to time, as payments on account thereof are received. The provisions of this Act shall be construed as supersed- Amendment. ing or amending any provisions of the said Act of December twentyfirst, nineteen hundred and four, so far as any conflict may appear. SEC. 8. That the Secretary of the Interior is hereby authorized to Regulations. perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this Act into full force and effect. Approved, March 6, 1906. Vol. 33, p. 595. CHAP. 629.-An Act Providing for the issuance of patents for lands allotted to Indians under the Moses agreement of July seventh, eighteen hundred and eightythree. March 8, 1906. [H. R. 10697.] [Public, No. 37.] Columbia and Col ville reservations, wash. for allotted lands in. Patents to Indians 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, authorized and directed to issue patents to such Indians as have been allotted land under and by virtue of the agreement concluded July seventh, eighteen hundred and eighty-three, by and between the Secretary of the Interior and the Commissioner of Indian Affairs and Chief Moses and other Indians of the Columbia and Colville reservations, commonly known as the Moses agreement, accepted, ratified, and confirmed by the Act of Congress approved July fourth, eighteen hundred and eighty-four (Twenty-third Statutes, Vol. 23, p. 79. pages seventy-nine and eighty), which patents shall be of legal effect and declare that the United States does and will hold the lands thus allotted for the period of ten years from the date of the approval of this Act in trust for the sole use and benefit of the Indian to whom such allotment was made, or in case of his decease, either prior or subsequent to the issuance of such patent, of his heirs, according to the laws of the State of Washington, and that at the expiration of said period the United States will convey the same by patent to the said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever. And if any conveyance shall be made of the lands so held in trust by any allottee or his etc., by allottee void. heirs, or any contract made touching the same, except as hereinafter provided, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void. Lands held in trust for ten years. Patent in fee at expiration. Prior conveyance, Allottees may sell lands. Restriction. Sales by heirs. SEC. 2. That any allottee to whom any trust patent shall be issued under the provisions of the foregoing section may sell and convey all the lands covered thereby, except eighty acres, under rules and regulations prescribed by the Secretary of the Interior. And the heirs of any deceased Indian to whom a patent shall be issued under said section may in like manner sell and convey all of such inherited allotment except eighty acres, but in case of minor heirs their interests 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, but all Approval by Secre such conveyances shall be subject to the approval of the Secretary of tary of the Interior. Taxation. the Interior, and when so approved shall convey a full title to the purchaser the same as if a final patent without restrictions upon alienation had been issued to the allottee. All allotted land alienated under the provisions of this Act shall thereupon be subject to taxation under the laws of the State of Washington. Approved, March 8, 1906. March 9, 1906. [S. 1234.] 1 [Public, No. 38.] Confederate soldiers and sailors. Care of graves of, who died in Northern prisons, etc. CHAP. 631.-An Act To provide for the appropriate marking of the graves of the soldiers and sailors of the Confederate army and navy who died in Northern prisons and were buried near the prisons where they died, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and directed to ascertain the locations and condition of all the graves of the soldiers and sailors of the Confederate army and navy in the late civil war, eighteen hundred and sixty-one to eighteen hundred and sixty-five, who died in Federal prisons and military hospitals in the North and who were buried near their Purchase of grounds. places of confinement; with power in his discretion to acquire posses Registers of dead. sion or control over all grounds where said prison dead are buried not now possessed or under the control of the United States Government; the to cause to be prepared accurate registers in triplicate, one for the superintendent's office in the cemetery, one for the QuartermasterGeneral's Office, and one for the War Record's Office, Confederate archives, of the places of burial, the number of the grave, the name, company, regiment, or vessel and State, of each Confederate soldier and sailor who so died, by verification with the Confederate archives Erection of white in the War Department at Washington, District of Columbia; to cause to be erected over said graves white marble headstones similar to those recently placed over the graves in the "Confederate section" in the National Cemetery at Arlington, Virginia, similarly inscribed; to build proper fencing for the preservation of said burial grounds, and to care for said burial grounds in all proper respects not herein specifically Completion of the mentioned, the said work to be completed within two years, at the end of which a report of the same shall be made to Congress. marble headstones. work. Report. Appointment of commissioner. Salary, etc. That for the carrying out of the objects set forth herein there be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, the sum of two hundred thousand dollars, or so much thereof as may be necessary. And the Secretary of War is hereby authorized and directed to appoint some competent person as commissioner to ascertain the location of such Confederate graves not heretofore located, and to compare the names of those already marked with the registers in the cemeteries, and correct the same when found necessary, as preliminary to the work of marking the graves with suitable headstones, and to fix the compensation of said commissioner at the rate not to exceed two thousand five hundred dollars per annum, who shall be allowed necessary traveling expenses. Approved, March 9, 1906. March 9, 1906. [H. R. 14589.] [Public, No. 39.] Tennessee River, Ky. River Railroad Com Cairo and Tennessee pany may bridge. CHAP. 632.-An Act To authorize the Cairo and Tennessee River Railroad Company to construct a bridge across the Tennessee River. Be it enacted by the Senate and House of Representatives of the Uniteȧ States of America in Congress assembled, That the Cairo and Tennessee River Railroad Company, a corporation created and organized under the laws of the States of Tennessee and Kentucky, be, and is hereby, authorized to construct and maintain, for the passage of railway trains, a bridge with single or double track, and approaches thereto, over the Tennessee River between Brandon's Mill, Calloway County, Kentucky, and Birmingham, Marshall County, Kentucky. Location. approve plans, etc. SEC. 2. That the said bridge shall be located and built under and Secretary of War to subject to such regulations for the security of navigation as may be prescribed by the Secretary of War, and the said company shall submit to the Secretary of War for his examination and approval a design and drawing of the bridge and a map of the location, giving for the space of a mile above and a mile below the proposed location the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current at all stages, the soundings accurately showing the bed of the stream; and upon such plan having been approved by the Secretary of War the said company is authorized to construct the said bridge upon the plan and location so approved. The Secretary of War shall have the power to require such other information as he may deem necessary for a full understanding of the subject. Any change made in the plan of said bridge Changes. during the progress of construction or after completion shall be subject to the approval of the Secretary of War; and the said company shall, at its own expense, make such changes in said bridge as the Secretary of War may at any time direct in the interest of navigation. Lawful structure SEC. 3. That any bridge built under this Act and subject to its limitations shall be a lawful structure, and shall be recognized and and post route. known as a post route, upon which no higher charge shall be made for the transmission of mails or the troops and munitions of war of the United States over the same than the rate per mile paid for the transportation over the railroad or the approaches leading to said bridge, and it shall enjoy the rights and privileges of other postroads in the United States, and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies, and the United States shall have the right of way across said bridge Telegraph, etc., and its approaches for postal, telegraph, and telephone purposes. rights. Unobstructed navi gation. SEC. 4. That the said bridge shall be constructed with its center line substantially at right angles to the current of the river, and as a drawbridge, so that free and unobstructed passageway may be secured to all water craft navigating said river. The draw shall be opened Opening draw. promptly, upon reasonable signals, for the passage of boats or vessels, and the said company shall maintain, at its own expense, from sunset to sunrise, such lights or other signals as the Light-House Board may prescribe. Lights, etc. Compensation. SEC. 5. That all railroad companies desiring the use of said bridge Use by other roads shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same and over the approaches thereto, upon the payment of reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies or any one of them shall fail to agree upon the sum or sums to be paid and upon the rules and conditions to which each shall conferm in using said bridge, all matters in issue between them shall be decided by the Secretary of War upon the hearing of the allegations and proofs of the parties. SEC. 6. That the right to alter, amend, or repeal this Act is expressly Amendment. reserved; and this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and Time of construc tion. March 9, 1906. [H. R. 14590.] [Public, No. 40.] Tenn, and Ky. see Kiver Railroad Location. Secretary of War to approve plans, etc. CHAP. 633.-An Act To authorize the Cairo and Tennessee River Railroad Company to construct a bridge across Cumberland River. Be it enacted by the Senate and House of Representatives of the United Cumberland River, States of America in Congress assembled, That the Cairo and Tennessee Cairo and Tennes River Railroad Company, a corporation created and organized under Company may bridge. the laws of the States of Tennessee and Kentucky, be, and is hereby, authorized to construct and maintain, for the passage of railway trains, a bridge with single or double track and approaches thereto, over the Cumberland River between Lineport, Stewart County, Tennessee, and the Tennessee Rolling Works, Lyon County, Kentucky. SEC. 2. That the said bridge shall be located and built under and subject to such regulations for the security of navigation as may be prescribed by the Secretary of War, and the said company shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge and a map of the location, giving for the space of a mile above and a mile below the proposed location the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the current at all stages, and the soundings accurately showing the bed of the stream; and upon the plan having been approved by the Secretary of War, the said company is authorized to construct the said bridge upon the plan and location so approved. The Secretary of War shall have the power to require such other information as he may deem necessary for a full understanding of the subject. Any change made in the plan of said bridge during the progress of construction or after completion shall be subject to the approval of the Secretary of War; and the said company shall at its own expense make such changes in the said bridge as the Secretary of War may at any time direct in the interest of navigation. Changes. Lawful structure and post route. SEC. 3. That any bridge built under this Act and subject to its limitations shall be a lawful structure and shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission of mails and the troops and munitions of war of the United States over the same than the rate per mile paid for the transportation over the railroad or the approaches leading to the said bridge; and it shall enjoy the rights and privileges of other post roads in the United States, and equal privileges in the use of the said bridge shall be granted to Telegraph, etc., all telegraph and telephone companies, and the United States shall have the right of way across the said bridge and its approaches for postal, telegraph, and telephone purposes. rights. Unobstructed havi gation. Opening draw. Lights, etc. Use by other roads. Compensation. Amendment. SEC. 4., That the said bridge shall be constructed with its center line substantially at right angles to the current of the river and as a drawbridge, so that a free and unobstructed passageway may be secured to all water craft navigating said river. The draw shall be opened promptly, upon reasonable signals, for the passage of boats or vessels, and the said company shall maintain at its own expense, from sunset to sunrise, such lights or other signals as the Light-House Board shall prescribe. SEC. 5. That all railroad companies desiring the use of said bridge shall have and be entitled to equal rights relative to the passage of railway trains over the same and over the approaches thereto upon the payment of reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies or any of them desiring such use shall fail to agree upon the sum or sums to be paid and upon the rules and conditions to which each shall conform in using said bridge, all matters in issue between them shall be decided by the Secretary of War upon the hearing of the allegation and proofs of the parties. SEC. 6. That the right to alter, amend, or repeal this Act is expressly Time of construc- reserved; and this Act shall be null and void if actual construction of tion. |