CHAP. CXLVIII.--An Act to provide for an exchange of lands with the Indians
residing in any of the states or territories, and for their removal west of
the river Mississippi.
Be it enacted by the Senate and House of Representatives of the United
States of America, in Congress assembled, That it shall and may be lawful
for the President of the United States to cause so much of any territory
belonging to the United States, west of the river Mississippi, not included
in any state or organized territory, and to which the Indian title has been
extinguished, as he may judge necessary, to be divided into a suitable
number of districts, for the reception of such tribes or nations of Indians
as may choose to exchange the lands where they now reside, and remove there;
and to cause each of said districts to be so described by natural or
artificial marks, as to be easily distinguished from every other.
SEC. 2. And be it further enacted, That it shall and may be lawful for the
President to exchange any or all of such districts, so to be laid off and
described, with any tribe or nation within the limits of any of the states
or territories, and with which the United States have existing treaties, for
the whole or any part or portion of the territory claimed and occupied by
such tribe or nation, within the bounds of any one or more of the states or
territories, where the land claimed and occupied by the Indians, is owned by
the United States, or the United States are bound to the state within which
it lies to extinguish the Indian claim thereto.
SEC. 3. And be it further enacted, That in the making of any such exchange
or exchanges, it shall and may be lawful for the President solemnly to
assure the tribe or nation with which the exchange is made, that the United
States will forever secure and guaranty to them, and their heirs or
successors, the country so exchanged with them; and if they prefer it, that
the United States will cause a patent or grant to be made and executed to
them for the same: Provided always, That such lands shall revert to the
United States, if the Indians become extinct, or abandon the same.
SEC. 4. And be it further enacted, That if, upon any of the lands now
occupied by the Indians, and to be exchanged for, there should be such
improvements as add value to the land claimed by any individual or
individuals of such tribes or nations, it shall and may be lawful for the
President to cause such value to be ascertained by appraisement or
otherwise, and to cause such ascertained value to be paid to the person or
persons rightfully claiming such improvements. And upon the payment of such
valuation, the improvements so valued and paid for, shall pass to the United
States, and possession shall not afterwards be permitted to any of the same
SEC. 5. And be it further enacted, That upon the making of any such exchange
as is contemplated by this act, it shall and may be lawful for the President
to cause such aid and assistance to be furnished to the emigrants as may be
necessary and proper to enable them to remove to, and settle in, the country
for which they may have exchanged; and also, to give them such aid and
assistance as may be necessary for their support and subsistence for the
first year after their removal.
SEC. 6. And be it further enacted, That it shall and may be lawful for the
President to cause such tribe or nation to be protected, at their new
residence, against all interruption or disturbance from any other tribe or
nation of Indians, or from any other person or persons whatever.
SEC. 7. And be it further enacted, That it shall and may be lawful for the
President to have the same superintendence and care over any tribe or nation
in the country to which they may remove, as contemplated by this act, that
he is now authorized to have over them at their present places of residence.
Indian Removal Act of 1830.