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permitted to exercise the same right to take land under the publicland laws of the United States as though he had not made settlement on the lands embraced in said reservation; and a separate patent, in similar form, may be issued for any tract or tracts at any time after the appraised value of the improvements thereon shall have been paid: And provided further, That in case any land shall be selected under this act to which any railroad company is or shall hereafter be entitled to receive a patent, such railroad company shall, upon releasing all claim and title thereto, and on the approval of the President and Secretary of the Interior, be allowed to select an equal quantity of other land of like value in lieu thereof, at such place as the Secretary of the Interior shall determine: * * *

SEC. 8. That previous to the issuance of a patent for any reservation as provided in section 3 of this act the Secretary of the Interior may authorize any citizen of the United States, firm, or corporation to construct a flume, ditch, canal, pipe, or other appliances for the conveyance of water over, across, or through such reservation for agricultural, manufacturing, or other purposes, upon condition that the Indians owning or occupying such reservation or reservations shall, at all times during such ownership or occupation, be supplied with sufficient quantity of water for irrigating and domestic purposes upon such terms as shall be prescribed in writing by the Secretary of the Interior, and upon such other terms as he may prescribe, and may grant a right of way for rail or other roads through such reservation: Provided, That any individual, firm, or corporation desiring such privilege shall first give bond to the United States, in such sum as may be required by the Secretary of the Interior, with good and sufficient sureties, for the performance of such conditions and stipulations as said Secretary may require as a condition precedent to the granting of such authority: And provided further, That this act shall not authorize the Secretary of the Interior to grant a right of way to any railroad company through any reservation for a longer distance than 10 miles. And any patent issued for any reservation upon which such privilege has been granted, or for any allotment therein, shall be subject to such privilege, right of way, or ease

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A. SELECTION BY COMMISSIONERS MINERAL LANDS EXCLUDED.

Under the regulations made pursuant to this statute the commissioners can not select lands that have been returned as mineral in character and within 6 miles of mineral lands, and the regulations in this respect made for the protection of miners can not be disregarded.

Southern Pac. R. Co., In re, 25 L. D. 368, p. 370.

The railroad company under its grant is not entitled to receive a patent for tracts selected by the commissioners under this act where such tracts were at the time of the Government survey actually returned as mineral lands.

Southern Pac. R. Co., In re, 25 L. D. 368, p. 369.

27 STAT. 62, JULY 1, 1892. COLVILLE RESERVATION.

AN ACT To provide for the opening of a part of the Colville Reservation, in the State of Washington, and for other purposes.

Be it enacted, etc., That subject to the reservations and allotment of lands in severalty to the individual members of the Indians of

the Colville Reservation in the State of Washington herein provided for, all the following described tract or portion of said Colville Reservation, namely: (Here follows description of land) * * * be, and is hereby, vacated and restored to the public domain, notwithstanding any Executive order or other proceeding whereby the same was set apart as a reservation for any Indians or bands of Indians, and the same shall be open to settlement and entry by the proclamation of the President of the United States and shall be disposed of under the general laws applicable to the disposition of public lands in the State of Washington.

A. INDIAN LANDS-COLVILLE RESERVATION.

1. EFFECT OF ACT OPENING COLVILLE RESERVATION.

2. PREEMPTION ENTRY-APPLICATION TO PREFERENCE RIGHTS. 3. SELECTION BY INDIANS-MINERAL LANDS EXEMPTED. 4. MINING CLAIMS-RIGHT TO LOCATE ON RESERVATION. 5. COLVILLE RESERVATION NOT SUBJECT TO MINERAL LAWS. 6. OPENING OF COLVILLE RESERVATION-PROCLAMATION NECES

SARY.

1. EFFECT OF ACT OPENING COLVILLE RESERVATION.

The fact that Congress by special act extended the mineral land laws so as to apply to this part of the Colville Reservation restored to the public domain by this act is not of sufficient argumentative force to deny this effect to this act where it appeared that the executive branch of the Government had denied the right of prospectors and miners and railroad builders to enter upon this part of the vacated reservation, but rather the subsequent act shows a continuity of purpose to remove the barriers in the way of mining operations and the construction of highways.

McFadden v. Mountain View Min., etc., Co., 87 Fed. 154, p. 156.

This act by mandatory words annuls the Executive order creating the former reservation and restores the part described to the public domain subject only to the right of the Indians to make selections of lands to be alloted to them, but does not permit the selection of lands for such purpose which are valuable for minerals, as it is the intention of the act to award to each Indian agricultural land, and accordingly prospectors and miners are not required to wait for the proclamation to open the tract for exploration for minerals.

Collins v. Bubb, 73 Fed. 735, p. 739.

2. PREEMPTION ENTRY-APPLICATION TO PREFERENCE RIGHTS. "Preemption entry," when used in a statute relating to public lands, is to be understood in a restricted sense rather than comprehensively as being applicable to all cases in which a particular person may have a right to be preferred to others in the acquisition or purchase of public lands.

McFadden v. Mountain View Min., etc., Co., 87 Fed. 154, p. 156.
Hartman v. Warren, 76 Fed. 157.

3. SELECTION BY INDIANS-MINERAL LANDS EXEMPTED.

By this act Congress intended to secure to the Indians the right of first possession of such part of the tract as they were entitled to have allotted to them in severalty, and to avoid conflicting claims and disputes between them and white settlers, the power to fix a date in the future when the tracts should be open to such settlement

and entry was vested in the President, so that the Indians might have time to make their allotments before white settlers should come upon the tract, but there can be no such conflicting claims as to lands containing valuable deposits of mineral, as such lands are not subject to allotment by the Indians.

McFadden v. Mountain View Min., etc., Co., 87 Fed. 154, p. 155.
McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 673.
See Kendall v. San Juan Min. Co., 144 U. S. 658, p. 663.

Hartman v. Warren, 76 Fed. 157.

4. MINING CLAIMS- -RIGHT TO LOCATE ON RESERVATION.

This statute does not authorize citizens of the United States to go upon that part of the Colville Reservation vacated and restored to the public domain by the act for the purpose of prospecting for minerals and locating mining claims thereon, without authorization or permission, and in advance of the Executive proclamation.

McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 678.
Overruling McFadden v. Mountain View Min., etc., Co., 87 Fed. 154.
Collins v. Bubb, 73 Fed. 735.

The fact that this statute restores to the public domain certain portions of the Colville Indian Reservation therein described does not of itself make it subject to entry and disposal under the mining or other general laws of the United States, as all of the public domain is not subject to entry and disposal under the mining and other general laws.

McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 679.

This act annulled from its date the former Executive order creating the reservation, and restored the lands described to the public domain, but did not of itself make the mineral lands therein open to location either by the Indians or citizens of the United States.

Collins v. Bubb, 73 Fed. 735, p. 738.

5. COLVILLE RESERVATION NOT SUBJECT TO MINERAL LAWS.

The fact that Congress did not intend by this act to open that portion of the Colville Indian Reservation thereby restored to the public domain to the operation of the mineral laws in advance of the proclamation of the President as provided for therein, is shown by the subsequent act of February 20, 1896 (29 Stat. 9), in which it expressly declared that the mineral laws of the United States are hereby extended" so as to apply to this particular part of the Colville Reservation.

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McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 678.
See Northern Pac. R. Co. v. Soderberg, 99 Fed. 506, p. 509.

Gibson v. Anderson, 131 Fed. 39, p. 41.

It can not be true that a portion of the Colville Reservation restored to the public domain by this act is any more open to the public in the exploration of minerals and the location of mining claims in advance of the President's proclamation than it is to any other kind of entry or settlement or disposition.

McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 680.
Overruling McFadden v. Mountain View Min., etc., Co., 87 Fed. 154.
See United States v. Blendauer, 128 Fed. 910.

6. OPENING OF COLVILLE RESERVATION

PROCLAMATION NECESSARY.

The restoration of this part of the Colville Reservation is accompanied with the express statutory declaration that it shall be open to settlement and entry by procla mation of the President of the United States and shall be disposed of under the general laws applicable to the disposal of public lands in the State of Washington, and it is

therefore apparent that the "opening" to be effected by such proclamation is as broad as was the "disposition" provided for by the act, and the lands authorized to be disposed of under general laws applicable to the disposal of the public lands are the same lands and none other that the President by his proclamation is authorized to open to settlement and entry

McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 680.
Overruling McFadden v. Mountain View Min., etc., Co., 87 Fed. 154.
See United States v. Blendauer, 128 Fed. 910.

29 STAT. 9, FEBRUARY 20, 1896.

MINERAL-LAND LAWS EXTENDED-COLVILLE RESERVATION.

AN ACT To extend the mineral-land laws of the United States to lands embraced in the north half of the Colville Indian Reservation.

Be it enacted, etc., That the mineral-land laws of the United States be, and are hereby, extended so as to apply to all lands embraced within the Colville Indian Reservation, namely: (Here follows description.) * * * Provided, That the land used and occupied for school purposes at what is known as Tonasket School, on Bonapart Creek, and the site of the sawmill, gristmill, and other mill property on said reservation, is hereby reserved from the operation of this act, unless other lands are selected in lieu thereof as provided in section 6 of the act which became a law, without the approval of the President, July 1, 1892, entitled "An act to provide for the opening of a part of the Colville Reservation in the State of Washington, and for other purposes."

A. MINING LAWS EXTENDED TO INDIAN LANDS.

1. PROCLAMATION OF PRESIDENT.

This act extending the mineral-land laws to the Colville Indian Reservation indicates that Congress did not intend to subject the vacated portion of this reservation to the operation of the mineral law in advance of the proclamation of the President provided for therein.

McFadden v. Mountain View Min., etc., Co., 97 Fed. 670, p. 678.
See Gibson v. Anderson, 131 Fed. 39, p. 41.

30 STAT. 571, p. 593, JULY 1, 1898.

MINERAL ENTRY-COLVILLE RESERVATION.

AN ACT Making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1899.

Be it enacted, etc. * * * That the mineral lands only in the Colville Indian Reservation, in the State of Washington, shall be subject to entry under the laws of the United States in relation to the entry of mineral lands: Provided, That lands allotted to the Indians or used by the Government for any purpose or by any school shall not be subject to entry under this provision.

The right is hereby granted to cut timber for mining and domestic purposes, at such prices and subject to such regulations as may be prescribed by the Secretary of the Interior, from that portion of the Colville Indian Reservation in the State of Washington, which was vacated and restored to the public domain by the act of July 1, 1892,

56974°-Bull. 94, pt 2-15-10

entitled "An act to provide for the opening of a part of the Colville Reservation in the State of Washington and for other purposes" (27 Stat. 62), and the net proceeds arising from the disposition of said timber shall be set apart and disposed of according to the provisions of section 2 of said act of July 1, 1892, but primarily the expense incident to disposing of said timber, including compensation of such special agent as the Secretary of the Interior shall appoint, shall be paid out of any existing appropriation for the survey and allotment of said lands and shall be reimbursed and replaced from the proceeds arising from the disposition of the timber. The Indian allotments in severalty provided for in said act shall be selected and completed at the earliest practicable time and not later than six months after the proclamation of the President opening the vacated portion of said reservation to settlement and entry, which proclamation may be issued without awaiting the survey of the unsurveyed lands therein. Said allotments shall be made from lands which shall at the time of the selection thereof be surveyed, excepting that any Indian entitled to allotment under said act who has improvements upon unsurveyed land may select the same for his allotment, whereupon the Secretary of the Interior shall cause the same to be surveyed and allotted to him. At the expiration of six months from the date of the proclamation by the President, and not before, the nonmineral lands within the vacated portion of said reservation which shall not have been allotted to Indians as aforesaid, shall be subject to settlement, entry and disposition under said act of July 1, 1892. * * *

34 STAT. 80, MARCH 22, 1906.

SALE OF UNALLOTTED LANDS-COLVILLE RESERVATION.

AN ACT To authorize the sale and disposition of surplus or unallotted lands of the diminished Colville Indian Reservation, in Washington.

Be it enacted, etc. * * *

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SEC. 3. That upon the completion of said allotments to said Indians the residue or surplus lands-that is, lands not allotted or reserved for Indian school, agency, or other purposes of the said diminished Colville Indian Reservation shall be classified under the direction of the Secretary of the Interior as irrigable lands, grazing lands, timberlands, mineral lands, or arid lands, and shall be appraised under their appropriate classes by legal subdivisions, with the exception of the lands classed as mineral lands, which need not be appraised, and which shall be disposed of under the general mining laws of the United States, and, upon completion of the classification and appraisement, such surplus lands shall be open to settlement and entry under the provisions of the homestead laws at not less than their appraised value in addition to the fees and commissions now prescribed by law for the disposition of lands of the value of $1.25 per acre by proclamation of the President, which proclamation shall prescribe the manner in which these lands shall be settled upon, occupied, and entered by persons entitled to make entry thereof. *

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SEC. 6. That the proceeds not including fees and commissions arising from the sale and disposition of the lands aforesaid, including

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