Act of January 19

Act of January 19, 1891

Chapter 77 – An act to enable the Secretary of the interior to carry out, in part, the provisions of "An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes," approved March second, eighteen hundred and eighty-nine, and making appropriations for the same and for other purposes.
Whereas in accordance with section twenty-eight of the act of March second, eighteen hundred and eighty-nine, entitled "An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes" (public one hundred and forty-eight), the President of the united States has made known, by proclamation, that satisfactory proof has been presented to him that the consent of the different bands of the said Sioux Nation of Indians to the said act has been obtained in the manner and form required by the said twelfth article of the treaty of April twenty-ninth, eighteen hundred and sixty-eight: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums, or so much thereof as may be necessary, be, and the same are hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be immediately available to enable the Secretary of the Interior to comply with and carry out certain provisions of the act of Congress approved march second, eighteen hundred and eighty-nine (public one hundred and forty-eight, Statutes twenty-five, page eight hundred and eighty-eight), and for other purposes:

For the erection of day and industrial schools, providing furniture and other necessary articles, and pay of teachers, in accordance with article seven of the treaty of April twenty-ninth, eighteen hundred and sixty-eight, which said article of treaty is continued in force for twenty years by section seventeen of the above mentioned act of March second, eighteen hundred and eighty-nine: Provided, That as fast as school facilities are furnished the Secretary of the interior is hereby authorized and required to compel all children between the ages of six and sixteen to attend the schools on the reservation at least nine months in the year, except such as may be attending school elsewhere, one hundred and fifty thousand dollars.

For the erection of fifteen school buildings, provided for in article twenty of the above mentioned act of March second, eighteen hundred and sixty-nine, fifteen thousand dollars.

To enable the Secretary of the Interior to pay to such individual Indians of the Standing Rock and Cheyenne River Agencies as he shall ascertain to have been deprived by the authority of the United States of ponies in the year eighteen hundred and seventy-six, at the rate of forty dollars for each pony: Provided, That the sum paid to each individual Indian under this provision shall be taken and accepted by such Indian in full compensation for all loss sustained by such Indian in consequence of the taking from him of ponies as aforesaid: And further provided, That if any Indian entitled to such compensation shall have deceased the sum to which such Indian would be entitled shall be paid to his heirs at law, according to the laws of the State of Dakota, two hundred thousand dollars.

To enable the Secretary of the interior to purchase for the Sioux Nation of Indians additional beef required for issue, the rations having been reduced on account of reduced appropriation for the fiscal year ending June thirtieth, eighteen hundred and ninety, one hundred thousand dollars.
To enable the Secretary of the interior to purchase lands for such of the Santee Sioux Indians in Nebraska as have been unable to take lands in severalty on their reservations in Nebraska by reason of the restoration of the unallotted lands to the public domain, thirty-two thousand dollars.

Sec. 2. That the funds appropriated by this act shall not be liable to be covered into the Treasury, but shall remain on said books until used and expended for the purposes for which they have been appropriated.

Sec. 3. That the principal of the permanent fund provided for under section seventeen of the said act of March second, eighteen hundred and eighty-nine, dividing a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations, and for other purposes, shall be divided in proportion to the number of Indians entitled to receive rations and annuities upon the separate reservations created by the above act, or residing and belonging thereon at the time the said act took effect, and the Secretary of the Treasury shall carry the amount of principal of said permanent fund belonging to the Indians of each of the diminished reservation to the credit of the Indians of each of the said diminished reservations, separate and distinct from each other, and the principal as well as the interest of each of said funds shall be expended for the purposes specified in said article seventeen of the above mentions act, only for the use and benefit of the said Indians so entitled to receive rations and annuities upon each of the said separate diminished reservations or so residing and belonging thereupon.

Sec. 4. That the Secretary of War be, and he is hereby, authorized and directed when making purchases for the military posts or service on or near Indian reservation to purchase in open market, from the Indians as far as practicable, at fair and reasonable rates, not to exceed the market prices in the localities, any cattle, grain, hay, fuel, or other produce or merchandise they may have for sale and which may be required for the military service.

(Approved, January 19, 1891)

Jan. 19, 1891
26 Stat., 720