Title

Agreement with the Choctaw and Chickasaw, 1897

Alternative Title

Atoka Agreement

Original Signatory Tribe(s)

Choctaw

Chickasaw

Successor in Interest Tribes

The Chickasaw Nation

The Choctaw Nation of Oklahoma

Date Original

23 April 1897

Has Version

University of Oklahoma College of Law

Kappler's v. 1

Subjects/Keywords

mining and mineral rights

Description

And all coal and asphalt in or under the lands allotted and reserved from allotment shall be reserved for the sole use of the members of the Choctaw and Chickasaw tribes, exclusive of freedmen: Provided, That where any coal or asphalt is hereafter opened on land allotted, sold, or reserved, the value of the use of the necessary surface for prospecting or mining, and the damage done to the other land and improvements, shall be ascertained under the direction of the Secretary of the Interior and paid to the allottee or owner of the land by the lessee or party operating the same, before operations begin.

It is agreed that all the coal and asphalt within the limits of the Choctaw and Chickasaw nation shall remain and be the common property of the members of the Choctaw and Chickasaw tribes (freedmen excepted), so that each and every member shall have an equal and undivided interest in the whole; and no patent provided for in this agreement shall convey any title thereto.

right of way

Description

The rights of way for railroads through the Choctaw and Chickasaw nations to be surveyed and set apart and platted to conform to the respective acts of Congress granting the same in cases where said rights of way are defined by such acts of Congress, but in cases where the acts of Congress do not define the same then Congress is memorialized to definitely fix the width of said rights of way for station grounds and between stations, so that railroads now constructed through said nations shall have, as near as possible, uniform rights of way; and Congress is also requested to fix uniform rates of fare and freight for all railroads through the Choctaw and Chickasaw nations; branch railroads now constructed and not built according to acts of Congress to pay the same rates for rights of way and station grounds as main lines.

railroads

Description

The rights of way for railroads through the Choctaw and Chickasaw nations to be surveyed and set apart and platted to conform to the respective acts of Congress granting the same in cases where said rights of way are defined by such acts of Congress, but in cases where the acts of Congress do not define the same then Congress is memorialized to definitely fix the width of said rights of way for station grounds and between stations, so that railroads now constructed through said nations shall have, as near as possible, uniform rights of way; and Congress is also requested to fix uniform rates of fare and freight for all railroads through the Choctaw and Chickasaw nations; branch railroads now constructed and not built according to acts of Congress to pay the same rates for rights of way and station grounds as main lines.

Is Referenced By

30 Stat. 505

Treaty Type

agreement

Bibliographic Citation

Deloria, Vine, Jr. and Raymond DeMallie. Documents of American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775-1979. 2v. (Norman: Univ. of Oklahoma Press, 1999), 391

Citation: Charles Joseph Kappler, Indian Affairs: Laws and Treaties, vol. 1, Laws, (Washington, D.C.: U.S. G.P.O.,1904), 647

Last updated in MODX

2023-10-27

MODX ID

3035;agreement-with-the-choctaw-and-chickasaw-1897-22392

3035