OCR Text |
Show -2- to be settled upon or occupied by the Indians,and he suggested that proper stops be taken to lease these lands under the present law to some responsible party or parties who should be placed under bond to secure the payment of the annual rental, and this place the business on a reliable basis. On tho 1st ultimo Agent Waugh was accordingly instructed that the only authority of law for leasing unallotted tribal Indian lands is contained in sootion throe of the Act of February 28,1891 (26 Stats.,795). Said seotion is as follows:- " That where lands are occupied by Indians who have bought and paid for the same,and which lands are not needed for farming or agricultural purposes,and are not desired for individual allotments,the 3ame may be leased by authority of the Council speaking for such Indians,for a period not to ex-ceedfive years for grazing,or ten years for mining purposes in such quantities and upon such terms and conditions as the agent in charge of such reservation may recommend,subject to the approval of the Secretary of the Interior.' That he should observe that the lands that may be so leased are lands 'occupied by Indians who have bought and paid for the same";that with reference to what Indians oan be held to have "bought and paid* for the lands which they occupy, within the meaning of the law.the Assistant Attorney General of tho Department,on the 11th of January,current,at the request of this office as to whether the Omaha Indians could lawfully lease their unallotted lands under the provisions of said section three,rendered an opinion in which he held: |