Sec. 63. Patents to Purchasers of Coal and Asphalt Lands. The chief executives of the two tribes shall execute and deliver, with the approval of the Secretary of the Interior, to each purchaser of any coal or asphalt lands so sold, and to each purchaser of any coal or asphalt deposits so sold an appropriate patent or instrument of conveyance, conveying to the purchaser the property so sold.

Sec. 64. Sulphur Springs. The two tribes hereby absolutely and unqualifiedly relinquish, cede and convey unto the United States a tract or tracts of land at and in the vicinity of the village of Sulphur, in the Chickasaw Nation, of not exceeding six hundred and forty acres, to be selected under the direction of the Secretary of the Interior, within four months after the final ratification of this agreement, and to embrace all the natural springs in and about said village, and so much of Sulphur Creek, Rock Creek, Buckhorn Creek, and the lands adjacent to said natural springs and creeks as may be deemed necessary by the Secretary of the Interior for the proper utilization and control of said springs and the waters of said creeks, which lands shall be so selected as to cause the least interference with the contemplated town site at that place consistent with the purposes for which said cession is made, and when selected the ceded lands shall be held, owned and controlled by the United States absolutely and without any restriction, save that no part thereof shall be platted or disposed of for town site purposes during the existence of the two tribal governments. Such other lands as may be embraced in a town site at that point shall be disposed of in the manner provided in the Atoka Agreement for the disposition of town sites. Within ninety days after the selection of the lands so ceded, there shall be deposited in the Treasury of the United States, to the credit of the two tribes, from the unappropriated public moneys of the United States, Twenty Dollars per acre for each acre so selected, which shall be in full compensation for the lands so ceded, and such moneys shall, upon the dissolution of the tribal governments, be divided per capita among the members of the tribes, freedmen excepted as are other funds of the tribes. All improvements upon the land so selected which were lawfully there at the time of the ratification of this agreement by Congress shall be appraised, under the direction of the Secretary of the Interior, at the true value thereof at the time of the selection of said lands, and shall be paid for by warrants drawn by the Secretary of the Interior upon the Treasurer of the United States. Until otherwise provided by law the Secretary of the Interior may, under rules prescribed for that purpose, regulate and control the use of the water of said springs and creeks and the temporary use and occupation of the lands so ceded. No person shall occupy any portion of the lands so ceded, or carry on any business thereon, except as provided in said rules and until otherwise provided by Congress the laws of the United States relating to the introduction, possession, sale, and giving away of liquors or intoxicants of any kind within the Indian country or the Indian Reservations shall be applicable to the lands so ceded, and said lands shall remain within the jurisdiction of the United States Court for the southern district of the Indian Territory; Provided, however. That nothing contained in this section shall be construed or held to commit the Government of the United States to any expenditure or money upon said lands or the improvements thereof, except as provided herein, it being the intention of this provision that in the future lands and improvements herein mentioned shall be conveyed by the United States to such territorial or state organization as may exist at the time when such conveyance is made.

MISCELLANEOUS.

Sec. 65. Patents, Acceptance of for Minors, Etc. The acceptance of patents for minors, prisoners, convicts and incompetents by persons author

ized to select their allotments for them shall be sufficient to bind such minors, prisoners, convicts and incompetents as to the conveyance of all other lands of the tribes.

"

Sec. 66. Patents to Allotments, Recording and Delivery. All patents to allotments of land, when executed, shall be recorded in the office of the Commission to the Five Civilized Tribes within said Nations in books appropriate for the purpose, until such time as Congress shall make other suitable provision for record of land titles as provided in the Atoka Agreement, without expense to the grantee; and such records shall have like effect as other public records.

Sec. 67. Certain Provisions Inapplicable to Choctaws and Chickasaws, The provisions of section three of the act of Congress approved June twenty-eighth, eighteen hundred and ninety-eight, shall not apply to or in any way affect the lands or other property of the Choctaws and Chickasaws or Choctaw or Chickasaw freedmen.

Sec. 68. Conflict With Previous Acts. No act of Congress or treaty provision, nor any provision of the Atoka Agreement, inconsistent with this agreement, shall be in force in said Choctaw and Chickasaw Nations. Sec. 69. Allotment Controversies-How Determined. All controversies arising between members as to their right to select particular tracts of land shall be determined by the Commission to the Five Civilized Tribes. Sec. 70. Parents to Select Allotments for Minors. Allotments may be selected and homestead designated for minors by the father or mother, if members, or by a guardian or curator, or the administrator having charge of their estate, in the order named; and for prisoners, convicts, aged and infirm persons by duly appointed agents under power of attorney; and for incompetents by guardians, curators, or other suitable person akin to them; but it shall be the duty of said Commission to see that said selections are made for the best interests of such parties.

Sec. 71. No Contest After Nine Months. After the expiration of nine months after the date of the original selection of an allotment, by or for any citizen or freedman of the Choctaw or Chickasaw tribes, as provided in this agreement, no contest shall be instituted against such selection.

Sec. 72. Per Capita Payment Authorized. There shall be paid to each citizen of the Chickasaw Nation, immediately after the approval of his enrollment and right to participate in distribution of tribal property as herein provided, the sum of Forty Dollars. Such payments shall be made under the direction of the Secretary of the Interior, and out of the balance of the "arrears of interest" of Five Hundred and Fifty-eight Thousand, Five Hundred and Twenty Dollars and Fifty-four Cents appropriated by the act of Congress approved June twenty-eighth, eighteen hundred and eighty-nine, entitled "an act for the protection of the people of the Indian Territory, and for other purposes," yet due to the Chickasaws, and remaining to their credit in the Treasury of the United States; and so much of such moneys as may be necessary for such payment are hereby appropriated and made available for that purpose, and the balance, if any there be, shall remain in the Treasury of the United States, and distributed per capita with the other funds of the tribes. And all acts of Congress or other treaty provisions in conflict with this provision are hereby repealed.

Sec. 73. Provisions for Ratification.

This agreement shall be binding upon the United States and upon the Choctaw and Chickasaw Nations and all Choctaws and Chickasaws, when ratified by Congress and by a majority of the whole number of votes cast by the legal voters of the Choctaw and Chickasaw tribes in the manner following: The Principal Chief of the Choctaw Nation and the Governor of the Chickasaw Nation shall, within one hundred and twenty days after the ratification of this agreement by Congress, make public proclamation that the same shall be voted upon at any special election to be held for that purpose within

thirty days thereafter, on a certain day therein named; and all male citizens of each of said tribes qualified to vote under the tribal laws shall have a right to vote at the election precinct most convenient to his residence, whether the same be within the bounds of his tribe or not. And if this agreement be ratified by said tribes as aforesaid the date upon which said election is held shall be deemed to be the date of final ratification.

Sec. 74. Canvass of Votes. The votes cast in both the Choctaw and Chickasaw Nations shall be forthwith returned and duly certified by the precinct officers to the national secretaries of said tribes and shall be presented by said national secretaries to the board of commissioners consisting of the Principal Chief and the national secretary of the Choctaw Nation, and the Governor and national secretary of the Chickasaw Nation. and two members of the Commission to the Five Civilized Tribes; and said board shall meet without delay at Atoka, Indian Territory, and canvass and count said votes, and make proclamation of the result.

In witness whereof the said Commissioners do hereby affix their names at Washington, District of Columbia, this twenty-first day of March, 1902. Approved July 1, 1902. (Ratified by Choctaws and Chickasaws September 25, 1902).

Sec.

XVIII.

Sec.

XIX.

Sec.

XX.

Sec.

XXI.

Sec.

XXII.

Sec.

XXIII.

Sec.

XXIV.

Sec.

XV

Sec.

XXIX.

Excessive holdings.

Excessive holdings-penalty for.

Enrolled members dying, not to participate.

Allotment certificates conclusive evidence of title.
Allotment controversies-Jurisdiction of.

Delaware-Cherokee controversies.

Paragraph "A" to "W" inclusive-Reservations.

to XVIII inclusive-Rolls of citizenship.

Enrollment when approved by Secretary final.

and XXXI-Enrollment of infant children.

Sec. XXXII to XXXVI inclusive-Schools.

Roads.

Townsites.

Townsites-compensation for improvements to Indians. XL. Townsites-where population is less than 200.

XLI to XLIII inclusive-Town lots-preference right to purchase.

XLIV. Town lots; unimproved-How sold.

XLV. Town lots-failure to purchase.

Town lots-how sold when owner of improvement falls to purchase.

Town lots-Terms of sale.

Cemeteries.

LII. Town lots-Failure of purchaser to pay purchase price.
LIII. Lots for churches.

LIV. Town site commission.

Towns of less than 200 population.

Sec.

Sec.

Sec. LXVII.

Sec. LXVIII.

LXV. Commissions-authority conferred upon secretary.
LXVI. Per capita payments.

Sec. LXX.

Sec. LXXI.
Sec. LXXII.
Sec. LXXIII.
Sec. LXXIV.

Payment of tribal indebtedness.

Tribal citizenship-jurisdiction conferred upon court of claims in certain cases.

Allotments-by whom selected.

Allotments around National seminary.

Regulating renting allotments.

Treaties or laws in conflict will not be enforced.

Not to be effective until ratified.

Sec. LXXV. Procedure upon ratification.

An Act to provide for the allotment of the lands of the Cherokee Nation, for the dissolution of town sites therein, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled.

DEFINITION OF WORDS EMPLOYED HEREIN.

Sec. 1. Definition "Nation," "Tribe." The words "nation" and "tribe" shall each be held to refer to the Cherokee Nation or tribe of Indians in Indian Territory.

Sec. 2. Definition of "Principal Chief." The words "principal chief” or "chief executive" shall be held to mean the Principal Chief of said tribe. Sec. 3. Definition "Dawes Commission." The words "Dawes Commission" or "commission" shall be held to mean the United States Commission to the Five Civilized Tribes.

Sec. 4. Definition "Minor." The word "minor" shall be held to mean males under the age of twenty-one years and females under the age of eighteen years.

Sec. 5. Definition "Allottable Land." The terms "allottable land" or "lands allottable" shall be held to mean all the lands of the Cherokee tribe not herein reserved from allotment.

Sec. 6. Definition "Select." The word "select" and its various modifications, as applied to allotments and homesteads, shall be held to mean the formal application at the land office, to be established by the Dawes Commission for the Cherokee Nation, for particular tracts of land.

Sec. 7. Definition "Member." The words "member" or "members" and "citizen" or "citizens" shall be held to mean members or citizens of the Cherokee Nation, in Indian Territory.

Sec. 8. Masculine to Include Feminine-Plural to Include Singular. Every word in this act importing the masculine gender may extend and be applied to females as well as males, and the use of the plural may include also the singular and vice versa.

Sec. 9. Appraisement of Lands. tribe of Indians in Indian Territory,

The lands belonging to the Cherokee except such as are herein reserved