Chapter XLVIII. *to authorize the Sale of certain Lands reserved for the Use of the Menomonee Tribe of Indians, in the Slate of Wisconsin*
865 words·~4 min read·
/statutes-at-large/vol-16/chapter-xlviii-1802708·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. XLVIII.— An Act *to authorize the Sale of certain Lands reserved for the Use of the Menomonee Tribe of Indians, in the Slate of Wisconsin*. Feb. 13, 1871. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Part of the lands reserved for the Menomonee Indians in Wisconsin to be appraised and sold. That the Secretary of the Interior is hereby authorized to cause to be subdivided, appraised, and sold a portion of the lands, not exceeding six townships, reserved for the use of the Menomonee tribe of Indians, in the county of Shawanaw, and State of Wisconsin, as follows:
The said lands shall be appraised by two or more disinterested appraisers, to be selected and appointed by said Appraisal to state what;Secretary, in eighty-acre lots, according to the public survey. Such appraisal shall state the quality of the soil, the quality, quantity, and to be subject to public inspection;value of the timber growing on each lot; and, when returned to the land office of the district in which such lands are situated, shall be subject to public inspection for at least sixty days before the day appointed for where to be returned.the sale of said lands, as hereinafter provided.
One copy of said appraisal shall be made and returned to the land office of the district in which such lands are situated within six months from the taking effect of this act, and a duplicate thereof to the Secretary of the Interior; and Pay of appraisers.the persons appointed to make such appraisal shall receive such compensation for their services as may be fixed by the Secretary of the Interior. Sec. 2. Such lands to be advertised for sale at public auction;notice of time and place of sale;mode of sale;*And be it further enacted*, That the lands appraised as aforesaid shall be advertised for sale by notice of not less than three months, to be published in at least three newspapers of the said district having general circulation, and shall be offered, at public auction, at the nearest government land office within the Green Bay agency, to the highest bidder, in lots of not exceeding eighty acres ; but shall not be sold for not subject to entry until, &c.less than the appraised value thereof.
None of said lands shall be subject to private entry until the same shall have been offered as aforesaid, Lands unsold to be again offered for sale.and then only at the price fixed by such appraisal. All of said lands remaining unsold at the expiration of one year after they shall have been offered as aforesaid shall be again advertised and offered, at public auction, at the nearest government land office within the Green Bay When subject to private entry.To be sold for cash only.agency, at not less than the minimum of one dollar and twenty-five cents per acre, and thereafter shall be subject to private entry at the latter price, and shall in all cases be sold for cash only.
Sec. 3. Lands selected for sale to be in a compact body.Improved lands, &c. not to be sold unless, &c.*And be it further enacted*, That the townships thus selected for sale shall be in a compact body, and consist, if practicable, of unoccupied lands: *Provided*, That such portions of the same as may be occupied and improved, if any, by members of the tribe, not exceeding eighty acres to each settler, shall not be sold without the consent of the party in possession, but shall be valued as other subdivisions, the appraisers reporting separately the value of the improvements thereon; which tracts may then, with the consent of the occupants, be sold, and the price of the improvements paid over to the respective occupants.
Sec. 4. Proceeds of sale, how to be applied.*And be it further enacted*, That from the first proceeds of the sale of lands, as hereinbefore provided, shall be paid the expenses of survey, appraisal, and sale thereof; and the residue of such proceeds shall be paid to or funded for the benefit of said tribe, in such manner as the President, with the assent of the chiefs and headmen of said tribe, may determine. Sec. 5. Act to be inoperative until, &c.*And be it further enacted*, That this act shall be and remain inoperative, as to the first five sections thereof, until full and satisfactory evidence shall have been placed on the files of the office of commissioner of Indian affairs that the sales herein authorized have the sanction of the tribe, evidenced by orders or agreement taken in full council.
J. G. BLAINE, *Speaker of the House of Representatives.* SCHUYLER COLFAX, *Vice-President of the United States and President of the Senate.* 411 FORTY-FIRST CONGRESS. Sess. III. Ch. 48, 49, 50. 1871. Received by the President, February 1, 1871. [Note by the Department of State.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]