§ 474. — Continuation of allowances.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC474]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER V--PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
Sec. 474. Continuation of allowances
The Secretary of the Interior is directed to continue the allowance
of the articles enumerated in section 17 of the Act of March 2, 1889 (23
Stat. L. 894), or their commuted cash value under the Act of June 10,
1896 (29 Stat. L. 334), to all Sioux Indians who would be eligible, but
for the provisions of this Act, to receive allotments of lands in
severalty under section 19 of the Act of May 29, 1908 (25 Stat. L. 451),
or under any prior Act, and who have the prescribed status of the head
of a family or single person over the age of eighteen years, and his
approval shall be final and conclusive, claims therefor to be paid as
formerly from the permanent appropriation made by said section 17 and
carried on the books of the Treasury for this purpose. No person shall
receive in his own right more than one allowance of the benefits, and
application must be made and approved during the lifetime of the
allottee or the right shall lapse. Such benefits shall continue to be
paid upon such reservation until such such time as the lands available
therein for allotment on June 18, 1934, would have been exhausted by the
award to each person receiving such benefits of an allotment of eighty
acres of such land.
(June 18, 1934, ch. 576, Sec. 14, 48 Stat. 987.)
References in Text
Section 17 of the Act of March 2, 1889, referred to in text,
probably means section 17 of act Mar. 2, 1889, ch. 405, 25 Stat. 894,
which contains a proviso that each head of family or single person over
the age of eighteen years of the Sioux Nation of Indians, ``who shall
have or may hereafter take his or her allotment of land in severalty,
shall be provided with two milch cows, one pair of oxen, with yoke and
chain, or two mares and one set of harness in lieu of said oxen, yoke
and chain, as the Secretary of the Interior may deem advisable, and they
shall also receive one plow, one wagon, one harrow, one hoe, one axe,
and one pitchfork, all suitable to the work they may have to do, and
also fifty dollars in cash; to be expended under the direction of the
Secretary of the Interior in aiding such Indians to erect a house and
other buildings suitable for residence or the improvement of his
allotment; no sales, barters or bargains shall be made by any person
other than said Indians with each other, of any of the personal property
hereinbefore provided for, and any violation of this provision shall be
deemed a misdemeanor and punished by fine not exceeding one hundred
dollars, or imprisonment not exceeding one year or both in the
discretion of the court.''
Act of June 10, 1896, referred to in text, is act June 10, 1896, ch.
398, 29 Stat. 334, which contains a provision directing the Secretary of
the Interior to ascertain the number of Sioux and Ponca Indians in South
Dakota and Nebraska who would not be benefited by the fulfillment of the
proviso quoted above from the act of March 2, 1889, and who desire to
have the articles of personal property, therein mentioned converted into
money, and in lieu of such articles of personal property, or any part
thereof he may think proper, to convert or commute the same, or so much
thereof as he may think proper, into money, and to pay the amount
thereof to such Indians.
This Act, referred to in text, is act June 18, 1934, which is
classified generally to this subchapter. For complete classification of
this Act to the Code, see Short Title note set out under section 461 of
this title and Tables.
Section 19 of the Act of May 29, 1908, referred to in text, probably
means section 19 of act May 29, 1908, ch. 216, 35 Stat. 451, which
authorizes the Secretary of the Interior to cause allotments to be made
under the provisions of act Mar. 2, 1889, ch. 405, 25 Stat. 888, to any
living children of the Sioux tribe of Indians belonging on any of the
Great Sioux reservations affected thereby and who had not prior to May
29, 1908, been allotted, so long as the tribe to which such Indian
children belong is possessed of any unallotted tribal or reservation
lands. The section further provides that where, for any reason, an
Indian did not receive the quantity of land to which he was entitled
under the provisions of said act March 2, 1889, the Secretary of the
Interior shall cause to be allotted to him sufficient additional lands
on the reservation to which he belongs to make, together with the
quantity of land theretofore allotted to him, the acreage to which he is
entitled under said act March 2, 1889; and in case of the death of any
such Indian, the additional lands to which he is of right entitled may
be allotted to his heirs: Provided, the tribe to which he belonged is
possessed of any unallotted tribal or reservation lands.
Appropriations
Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
classified to section 725a of former Title 31, Money and Finance,
repealed the permanent appropriation under the title ``Civilization of
the Sioux (4x950)'' effective July 1, 1935, and provided that such
portions of any Acts as make permanent appropriations to be expended
under such account are amended so as to authorize, in lieu thereof,
annual appropriations from the general fund of the Treasury in identical
terms and in such amounts as now provided by the laws providing such
permanent appropriations.
