MF1323.1197 Reel 39_0913

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management, as the Secretary of the Interior may prescribe the Indians and Indian reservations in that district.

SEC. 2. And be it further enacted, That whenever from any cause any of the Indian reservations in California shall, in the opinion of the President, be no longer needed for the purposes originally intended, it shall be the duty of the Secretary of the Interior to cause an reservation released by order of the President to be surveyed into lots or parcels of suitable size, and to fix, by appraisement of disinterested persons, their cash value, and to offer the same at public outcry to the highest bidder, and thence afterward to be held subject to sale, at private entry, according to such regulations as the Secretary of the Interior may prescribe: Provided, That no lot shall be disposed of at less than the appraised value thereof: And provided, further, That said sale shall be conducted by the register and receiver of the land office in the district in which said reservation or reservations may be situated, in accordance with the instructions of the department regulating the sale of public lands.

SEC. 3. And be it further enacted, That all acts of parts of acts in conflict with the provisions of this act be, and the same are hereby, repealed.

That from and after the first day of April, anno Domini eighteen hundred and sixty-four, the State of California shall, for Indian purposes, constitute one superintendency, for which

there shall be appointed by the President of the United States, by and with the advise and consent of the Senate, a superintendent of Indian affairs for said superintendency, at a salary of three thousand six hundred dollars per annum, who shall reside at a point within said State, to be selected by the Secretary of the Interior, and whoupon executing a bond, upon such terms and such sum as may be prescribed by the Secretary of Interior, and taking the usual oath of office, shall have under his control and management , in like manner and subject to like rules and regulations as are prescribed for superintendents of other superintendencies, the Indians and Indian reservations that are or may hereafter be established in said State: Provided, That the superintendent shall be authorized to appoint a clerk, at a compensation not to exceed eighteen hundred dollars per annum. Sec. 2. And be it further enacted, That there shall be set apart by the President, and at his discretion, not exceeding four tracts of land, within the limits of said State, to be retained by the United States for the purposes of Indian reservations, which shall be of suitable extent for the accommodation of the Indians of said State, and shall be located as remole from white settlements as may be found practicable, having due regard to their adaptation to the purposes for which they are intended: Provided, That at least one of said tracts shall be located in what has heretofore been

known as the northern district: And provided, further, That if it shall be found impracticable to establish the reservations herein contemplated without embracing improvements made within their limits by white persons lawfully there, the Secretary of the Interior is hereby authorized and empowered to contract for the purchase of such improvements, at a price not exceeding a fair valuation thereof to be made under his direction. But such contract shall be valid, nor any money paid theron, until, upon a report of said contract and of said valuation to Congress, the same shall be approved and the money appropriated by law for that purpose : And provided, further, That said tracts to be set apart as aforesaid may, or may not, as in the discretion of the President may be deemed for the best interests of the Indians to be provided for, include any of th Indian reservations heretofore set apart in said State, and that in case any such reservation is so included, the same may be enlarged to such an extent as in the opinion of the President may be necessary, in order to its complete adaptation to the purposes for which it is intended.

Sec.3 And be it further enacted, That the several Indian reservations in California which shall not be retained for the purposes of Indian reservations under the provisions of the preceding section of this act, shall, by the Commissioner of the General Land Office, under the direction of the Secre-

tary of the Interior, be surveyed into lots or pacels of suitable size, and as far as practicable in conformity to the surveys of the public lands, which said lots shall, under his direction, be appraised by disinterested persons at their cash value, and shall thereupon, after due advertisement as now provided by law in case of other public lands, be offered for sale at public outcry, and thence afterward shall be held subject to sale at private entry, according to such regulations as the Secretary of the Interior may prescribe: Provided, That no lot shall be disposed of at less than the appraised value, nor at less than one dollar and twenty-five cents per acre: And provided, further, That said sale shall be conducted by the register and receiver of the land office in the district in which such reservation or reservations may be situated, in accordance with the instructions of the department regulating the sale of public lands.

Sec.4 And be it further enacted, That the President of the United States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint an Indian agent for each of the reservations which shall be established under the provisions of this act, which said agent shall reside upon the reservation for which he shall be appointed, and shall discharge all the duties now or hereafter to be required of Indian agents by law, or by rules and regulations adopted, or to be adopted, for the regulation of the Indian service, so far

as the same may be applicable. Each of the agents appointed as aforesaid shall, beefore entering upon the duties of his office. give bond in such penalties and with such conditions and such security as the President or Secretary of the Interior may require, and shall hold his office for the term of four years, unless sooner removed by the President and shall receive an annual salary at the rate of eighteen hundred dollars.

Sec. 5. And be it further enacted, That there may be appointed, in the manner prescribed by law, for each of said reservations, if in the opinion of the Secretary of the Interior the welfare of said Indians shall require it, one physician, one blacksmith, one assistant blacksmith, one farmer, and one carpenter, who shall each receive compensation at rates to be determined by the Secretary of the Interior, not exceeding fifty dollars a month.

Sec. 6. And be it further enacted, That hereafter, when it shall become necessary to survey any Indian or other reservations, or any lands, the same shall be surveyed under the direction and control of the General Land Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed.

Sec. 7. And be it further enacted, That all Indian agents shall reside at their respective agencies, and shall in no case be permitted to visit the city of Washington except when ordered to do so by the Commissioner of Indian Affairs.