Chapter 147. to restore to the public domain a portion of the White Mountain Apache Indian Reservation, in the Territory of Arizona, and for other purposes
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CHAP. 147.— An Act to restore to the public domain a portion of the White Mountain Apache Indian Reservation, in the Territory of Arizona, and for other purposes.February 20, 1893. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That so much of the WhiteWhite Mountain Apache Indian Reservation, Arizona, restored to public domain. Mountain Apache Indian Reservation in the Territory of Arizona, established by Executive orders dated November ninth, eighteen hundred and seventy-one;
December fourteenth, eighteen hundred and seventy-two; August fifth, eighteen hundred and seventy-three; July twenty-first, eighteen hundred and seventy-four; April twenty-seventh, eighteen hundred and seventy-six; January twenty-sixth, eighteen hundred and seventy-seven; and March thirty-first, eighteen hundred and seventy-seven; as lies within the following boundary lines, namely: BeginningBoundaries. at the summit of Chromo Butte, a prominent peak of the Apache Mountains about three and one-half miles southwest of the town of McMillen; thence running north forty-five degrees east a distance of twelve miles; thence due north to the middle of Salt River, a distance of five miles, more or less; thence down the middle of Salt River to the intersection thereof with the present western boundary line of said reservation; thence southerly with the said western boundary line as the same has been ascertained and located by John C.
Smith, deputy surveyor, to the place of beginning, be, and the same is hereby, restored to the public domain and declared to be public lands of the United States. Sec. 2. That the lands hereby restored shall be subject to entry andEntries. occupation under the laws providing for the disposal of the public domain in force at the date of the passage of this act: *Provided*, That*Provisos*.Prices for homestead locations. each person seeking to obtain title to portions of said land, not mineral, under the homestead laws, shall, in addition to the legal fees and charges of the register and receiver, pay for the land so entered not less than one dollar and twenty-five cents per acre in cash: *Provided further*,Date of entry.
That any location, entry, or entries, mineral or nonmineral, heretofore made on said lands or any part thereof by any qualified person or persons shall bear date and be allowed with the same effect and no other, as though said lands had been public lands at the date of the institution of such proceedings; but no such entry shall be deemed completed except upon the payment to the proper officers of the regular 470 purchase price of said lauds, irrespective of any payments which may have been heretofore made.
Sec. 3. Confirmation of previous entries. That upon making payment as prescribed in the preceding section all entries and mill-site applications heretofore allowed upon any of said lands shall be, and the same are hereby, confirmed, and patents shall issue therefor. Sec. 4. Disposition of receipts. That all moneys accruing from the sale of the lands hereby restored, except the fees allowed by law to the register and receiver, shall be paid into the Treasury of the United States and applied solely as follows:
First. Reimbursement. To reimburse the United States for all expenses actually and necessarily incurred in running said boundary lines and surveying said lands. Second. Trust fund. The remainder to be held in trust for the sole use and benefit of the tribes of Indians now located upon said reservation, and to be expended by the Commissioner of Indian Affairs, under the direction and control of the Secretary of the Interior, in such manner and for such purposes as may to him seem to be for the best interests of said Indian tribes.
Sec. 5. Ownership of Indians not recognized. That nothing herein contained shall be construed as recog nizing title or ownership of said Indians to any part of said White Mountain Apache Indian Reservation, whether that hereby restored to the public domain or that still reserved by the Government for their use and occupancy. Approved, February 20, 1893.