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should receive one-eight part thereof, and if gas should be found in paying quantities said nation should receive $40 per annum for each gas well drilled and used, and in addition that each Seneca Indian family residing on either of said reservations should, if gas is found, have sufficient fuel for domestic use from any gas wells drilled on said territory free of charge, all of which is provided in said agreement, which was duly recorded in the Seneca Nation deed book, volume 5, page 341, January 4, 1893, at 3 o'clock post meridian of that day: Therefore, be it enacted, etc., That the agreement above recited be, and the same hereby is, in all things ratified, accepted, and confirmed.

28 STAT. 286, pp. 305, 326, 332, 2 SUPP. R. S. 246, AUGUST 15, 1894.

MINERALS RESERVED.

AN ACT Making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1895.

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Be it enacted, etc.

To enable the President to cause, under the provisions of the act of February 8, 1887 (24 Stat. 388), entitled "An act to provide for the allotment of lands in severalty to Indians," such Indian reservations as in his judgment are advantageous for agricultural and grazing purposes to be surveyed, or resurveyed, for the purposes of said act, and to complete the allotment of the same, including the necessary clerical work incident thereto in the field and in the Office of Indian Affairs, and delivery of trust patents, so far as allotments shall have been selected under said act, $30,000: Provided, That whenever it shall be made to appear to the Secretary of the Interior that by reason of age, disability, or inability, any allottee of Indian Lands under this or former acts of Congress, can not personally and with benefit to himself, occupy or improve his allotment or any part thereof the same may be leased upon such terms, regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding five years for farming or grazing purposes, or 10 years for mining or business purposes: Provided further, That the surplus lands of any tribe may be leased for farming purposes by the council of such tribe under the same rules and regulations and for the same term of years as is now allowed in the case of leases for grazing purposes.

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That for the purpose of carrying the provisions of this act into effect there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $140,600, which sum of money shall be paid to the Indians in the manner and form prescribed by articles 2 and 3 of the agreement: Provided, That none of the money or interest thereon which is by terms of said agreement to be paid to said Indians shall be applied to the payment of any judgment that has been or may hereafter be rendered under the provisions of the act of Congress approved March 3, 1891, entitled "An act to provide for the adjudication and payment of claims arising from Indian depredations."

The mineral lands shall be disposed of under the laws applicable thereto, and the balance of the land so ceded shall be disposed of until further provided by law under the town-site law and under the provisions of the homestead law: Provided, however, That each

settler, under and in accordance with the provisions of said homestead laws shall, at the time of making his original entry, pay the sum of 50 cents per acre in addition to the fees now required by law, and at the time of making final proof shall pay the further sum of $1 per acre, final proof to be made within five years from the date of entry, and three years' actual residence on the land shall be established by such evidence as is now required in homestead proofs as a prerequisite to title or patent.

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That immediately after the issuance and receipt by the Indians of trust patents for the allotted lands, as provided for in said agreement, the lands so ceded, sold, relinquished, and conveyed to the United States shall be opened to settlement by proclamation of the President, and shall be subject to disposal only under the homestead, town site, stone and timber, and mining laws of the United States, excepting the sixteenth and thirty-sixth sections in each Congressional township, which shall be reserved for common-school purposes and be subject to the laws of Idaho: Provided, That each settler on said lands shall, before making final proof and receiving a certificate of entry, pay to the United States for the lands so taken by him, in addition to the fees provided by law, the sum of $3.75 per acre for agricultural lands, one-half of which shall be paid within three years from the date of original entry; and the sum of $5 per acre for stone, timber, and mineral lands, subject to the regulations prescribed by existing laws; but the rights of honorably discharged Union soldiers and sailors, as defined and described in sections 2304 and 2305 of the Revised Statutes of the United States, shall not be abridged except as to the sum to be paid as aforesaid. *

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SEC. 21. That the remainder of the lands on said reservation shall, upon the approval of the allotments by the Secretary of the Interior, be immediately open to entry under the homestead and mineral laws of the United States: Provided, That no person shall be entitled to locate more than two claims, neither to exceed 10 acres, on any lands containing asphaltum, gilsonite, or like substances: Provided, That after three years actual and continuous residence upon agricultural lands from date of settlement the settler may, upon full payment of $1.50 per acre, receive patent for the tract entered. If not commuted at the end of three years the settler shall pay at the time of making final proof the sum of $1.50 per acre.

A. INDIAN LANDS.

1. ACT LIMITED TO SPECIFIC LANDS.

2. DISPOSAL OF MINERAL LANDS-EXCLUSIVENESS OF ACT.

3. RESERVATION OF MINERALS.

4. MINERAL LAWS NOT OPERATIVE WITHIN RESERVATION.
5. MINING CLAIMS LOCATED WITHIN RESERVATION-VALIDITY.

1. ACT LIMITED TO SPECIFIC LANDS.

This act has reference and is limited to certain specific lands in the Siletz Reservation and it provides no specific manner for their disposal, and the ceded lands in this reservation not subject to disposal under the mineral or town-site laws are to be disposed of under the provisions of the homestead laws.

White, In re, 30 L. D. 536, p. 537.

2. DISPOSAL OF MINERAL LANDS

This act with reference to the disposal of the mineral lands in conclusive on all the parties, and the modes of appropriation are exclusive of any other, and the subsequent act of June 4, 1897 (30 Stat. 36), applying to the public domain generally, does not apply to such lands as to the disposal of which specific provision has been made.

Bartlett, In re, 32 L. D. 374, p. 376.

-EXCLUSIVENESS OF ACT.

3. RESERVATION OF MINERALS.

The act of June 7, 1897 (30 Stat. 62, p. 87), did not repeal this act and no formal repeal was necessary to enable Congress to reserve lands containing gilsonite, asphaltum, elaterite, or other like substances, as that act never became operative upon these excepted lands, and the two acts are in pari materia, as relating to a future disposition of lands containing gilsonite, asphaltum, elaterite, or other like substances, and the latest expression is to the effect that the title to lands containing gilsonite, asphaltum, elaterite, or other like substances, is reserved to the United States.

Meeks, In re, 29 L. D. 456, p. 459.

4. MINERAL LAWS NOT OPERATIVE WITHIN RESERVATION.

After the happening of the contingency provided for in section 21 neither the homestead nor the mineral laws should be operative within the boundaries of this reservation, and then no person could locate more than two claims, neither to exceed ten acres, on any lands containing asphaltum, gilsonite, or other like substances. Meeks, In re, 29 L. D. 456, p. 458.

5. MINING CLAIMS LOCATED WITHIN RESERVATION-VALIDITY.

The discovery and location of a mineral vein or deposit bearing albertite, gilsonite, elaterite, and asphaltum, within the boundaries of the Uncompahgre Indian Reservation gives the locator no right or title to such deposits, as such lands are excepted from the operation of the mining laws by the Executive order creating such reservation. Meeks, In re, 29 L. D. 456, pp. 457, 460.

28 STAT. 677, FEBRUARY 20, 1895.
COAL LANDS WITHDRAWN.

AN ACT To disapprove the treaty heretofore made with the Southern Ute Indians to be removed to the Territory of Utah, and providing for settling them down in severalty where they may so elect and are qualified, and to settle all those not electing to take lands in severalty on the west 40 miles of present reservation and in portions of New Mexico, and for other purposes, and to carry out the provisions of the treaty with said Indians June 15, 1880.

Be it enacted, etc., That the agreement made by (certain named persons) commissioners on the part of the United States with the Southern Ute Indians of Colorado, bearing date November 13, 1888 (25 Stat. 133), be, and the same is hereby, annulled, and the treaty made with said Indians June 15, 1880 (21 Stat. 199), be carried out as herein provided, and as further provided by general law for settling Indians in severalty.

SEC. 2. That within six months after the passage of this act the Secretary of the Interior shall cause allotment of land, in severalty, to be made to such of the Southern Ute Indians in Colorado as may elect and be considered by him qualified to take the same out of the agricultural lands embraced in their present reservation in Colorado,

such allotments to be made in accordance with the provisions of the act of Congress approved June 15 1880 (21 Stat. 199), entitled "An act to accept and ratify the agreement submitted by the Confederated Bands of Ute Indians in Colorado for the sale of their reservation in said State, and for other purposes, and to make the necessary appropriations for carrying out the same," and the amendments thereto as far as applicable hereto, and the treaties heretofore made with said. Indians: Provided, That Indians taking allotments as herein provided shall retain their interest in all tribal property.

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SEC. 4. That at the expiration of six months from the passage of this act the President of the United States shall issue his proclamation declaring the lands embraced within the present reservation of said Indians, except such portions as may have been allotted or reserved under the provisions of the preceding sections of this act, open to occupancy and settlement, and thereupon said lands shall be and become a part of the public domain of the United States, and shall be subject to entry under the desert, homestead, and town-site laws and laws governing the disposal of coal, mineral, stone, and timber lands; but no homestead settler shall receive a title to any portion of such lands at less than $1.25 per acre, and shall be required to make a cash payment of 50 cents per acre at the time filing is made upon any of said lands: *

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A. INDIAN LANDS-COAL LANDS WITHDRAWN.

The fact that this act declares that the Southern Ute lands were open to disposition and made such lands a part of the public domain of the United States does not prevent the operation of the provisions of the act of June 22, 1910 (36 Stat. 583), as to the coal lands or the lands withdrawn or classified as coal within the Southern Ute Indian Reservation.

Glassner, In re, 39 L. D. 462, p. 463.

28 STAT. 876, pp. 894, 899, 900; 2 SUPP. 427; MARCH 2, 1895.
CESSION OF MINERAL LANDS.

AN ACT Making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1896.

Be it enacted, etc. * * *

The Secretary of the Interior is authorized to negotiate with the Indians on the San Carlos Reservation, Ariz., through an inspector, for the cession or relinquishment to the United States of the lands embracing the coal fields, and that any agreement made shall be submitted to Congress for action. * * *

The said Wichita and affiliated bands of Indians in the Indian Territory hereby cede, convey, transfer, relinquish, forever and absolutely, without any reservation whatever, all their claim, title, and interest of every kind and character in and to the lands embraced in the following-described tract of country in the Indian Territory, to wit: (description follows) * * *

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That the laws relating to the mineral lands of the United States are hereby extended over the lands ceded by the foregoing agreement.

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Provided, That whenever it shall be made to appear to the Secretary of the Interior that by reason of age, disability, or inability any allottee of Indian lands under this or former acts of Congress can not personally and with benefit to himself occupy or improve his allotment or any part thereof the same may be leased upon such terms, regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding 5 years for farming or grazing purposes, or 10 years for mining or business purposes.

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That the allotments of land made to the Quapaw Indians in the Indian Territory, in pursuance of an act of the Quapaw National Council, approved March 23, 1893, be, and the same are hereby, ratified and confirmed subject to revision, correction, and approval by the Secretary of the Interior: Provided, however, That any allottee who may be dissatisfied with his allotment shall have all the rights to contest the same provided for in said act of the Quapaw National Council subject to revision, correction, and approval by the Secretary of the Interior. And the Secretary of the Interior is hereby authorized to issue patents to said allottees in accordance therewith: Provided, That said allotments shall be inalienable for a period of 25 years from and after the date of said patents; *

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A. MINING LAWS EXTENDED TO LANDS CEDED BY INDIANS. B. INDIAN ALLOTTEES.

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A. MINING LAWS EXTENDED TO LANDS CEDED BY INDIANS. By this act the mining laws of the United States are expressly extended over the lands ceded under the agreement contained in the act, and sections 16 and 36, as well as sections 13 and 33, reserved therein for school and other purposes, are made subject to the operation of the mining laws in the same manner and with like effect as are sections of lands similarly reserved elsewhere and not granted, as to which the mining laws are applicable.

Gypsite Placer Min. Claim, In re, 34 L. D. 54, p. 55.

B. INDIAN ALLOTTEES.

1. ALIENATION RESTRICTED OIL AND GAS LEASES.

This act restricted the members of the qualified Indian tribes in the alienation of their lands for a period of 25 years, and the granting of oil, gas, or mining leases is an alienation within the meaning of this act.

Tidwell v. Dobson, 37 Okla. 180, p. 181.

Eldred v. Okmulgee Loan & Trust Co., 22 Okla. 742.

See Wah-tah-noh-zhe v. Moore, 36 Okla. 631.

Wah-tah-noh-zhe v. Moore, 36 Okla. 631, p. 639.
Tidwell v. Dobson, 37 Okla. 180, p. 182.
See United States v. Abrams, 181 Fed. 897.

United States v. Noble, 197 Fed. 292.

The assignment of royalties due under a mining or an oil and gas lease executed by a Quawpaw Indian on his tribal allotment is not an alienation of such real estate or any part thereof in violation of this act.

The restrictions placed upon the alienation of lands by the Quawpaw Indians under this act were modified by the act of June 7, 1897 (30 Stat. 72), and thereafter competent Quawpaw allottees could lease their lands for a term not exceeding 10 years for mining or business purposes.

Tidwell v. Dobson, 33 Okla. 180, p. 181.

See Wat-tah-noh-zhe v. Moore, 36 Okla. 631; 129 Pac. 877.

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