Chapter 46. To provide for drainage of Indian allotments of the Five Civilized Tribes
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/statutes-at-large/vol-38/chapter-46-1360142·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 46.— An Act To provide for drainage of Indian allotments of the Five Civilized Tribes. March 27, 1914.[[H. R. 13091](/us/bill/63/hr/13091).][[Public, No. 77](/us/pl/63/77).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Five Civilized Tribes, Oklahoma.Drainage assessments against lands of allottees, may be paid from tribal funds. That whenever a drainage district is organized in any county in the Five Civilized Tribes of the State of Oklahoma, under the laws of that State, for the purpose of draining the lands within such district, the Secretary of the Interior is authorized, in his discretion, to pay from the funds or moneys arising from any source under his control or under the control of the United States, and which would be pro rated to such allottee, the assessment for drainage purposes against any Indian allottee or upon the lands of any allottee who is not subject to taxation or whose lands are exempt from taxation or from assessment for taxation under the treaties or agreements with the tribe to which such allottee may belong, or under any Act of Congress; and such amount so paid out shall be charged against such allottee’s pro rata share of any funds to his credit under the control of the Secretary of the Interior or the*Provisos*.Review of assessment, etc.
United States: *Provided*, That the Secretary of the Interior, before paying out such funds, shall designate some person with a knowledge of the subject of drainage, to review the schedules of assessment against each tract of land and to review the land assessed to ascertain whether such Indian allottee, or his lands not subject to taxation, have been assessed more than their pro rata share as compared with other lands located in said district similarly situated and derivingPayments. like benefits.
And if such Indian lands have been assessed justly when compared with other assessments, then, in that event, said funds shall be paid to the proper county in which such drainage district may be organized, or, in the option of the Secretary of the Interior, to the construction company or bondholder shown to be entitled toMaximum. the funds arising from such assessment: *Provided further*, That in any event such assessment on any Indian allotment shall not exceed $15Consent of allottee. per acre, and no such assessment shall be made unless the Indian allottee affected, or his legal guardian, shall consent thereto: *And provided further*,Legal rights not impaired.
That nothing m this Act shall be so construed as to deprive any allottee of any right which he might otherwise have individually to apply to the courts for the purpose of having his rights adjudicated. Approved, March 27, 1914.