porate the rules and regulations in his proclamation announcing the opening, and persons seeking to discover minerals and acquire homesteads were prohibited from entering upon the land until 60 days after the expiration of the time stated in the proclamation. Bay v. Oklahoma Southern Gas, etc., Min. Co., 13 Okla. 425, p. 432. 32 STAT. 744, JUNE 19, 1902. ALLOTMENTS SPOKANE RESERVATION. JOINT RESOLUTION Supplementing and modifying certain provisions of the Indian appropriation Act for the year ending June 30, 1903. Resolved, etc., That the provisions of the 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, 1903, and for other purposes," are hereby supplemented and modified as follows: The Secretary of the Interior is directed to make allotments in severalty to the Indians of the Spokane Indian Reservation in the State of Washington, and upon the completion of such allotments the President shall by proclamation give public notice thereof, whereupon the lands in said reservation not allotted the Indians or used or reserved by the Government, or occupied for school purposes, shall be opened to exploration, location, occupation, and purchase under the mining laws. 32 STAT. 982, p. 998, MARCH 3, 1903. MINING CLAIMS UTAH. 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, 1904, and for other purposes. Be it enacted, etc., * * * That in the lands within former Uncompahgre Indian Reservation, in the State of Utah, containing gilsonite, asphaltum, elaterite, or other like substances, which were reserved from location and entry by provision in the act of Congress entitled "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, 1898 (30 Stat., 87), approved June 7, 1897, all discoveries and locations of any such mineral lands by qualified persons prior to January 1, 1891, not previously discovered and located, who recorded notices of such discoveries and locations prior to January 1, 1891, either in the State of Colorado, or in the office of the county recorder of Uintah County, Utah, shalĺ have all the force and effect accorded by law to locations of mining claims upon the public domain. All such locations may hereafter be perfected, and patents shall be issued therefor upon compliance with the requirements of the mineral-land laws, provided that the owners of such locations shall relocate their respective claims and record the same in the office of the county recorder of Uintah County, Utah, within 90 days after the passage of this act. All locations of any such mineral lands made and recorded on or subsequent to January 1, 1891, are hereby declared to be null and void; and the remainder of the lands heretofore reserved as aforesaid because of the mineral substances contained in them, in so far as the same may be within even-numbered sections, shall be sold and disposed of in tracts not exceeding 40 acres, or a quarter of a quarter of a section, in such a manner and upon such terms and with such restrictions as may be prescribed in a proclamation of the President of the United States issued for that purpose not less than 120 days after the passage of this act, and not less than 90 days before the time of sale or disposal, and the balance of said lands and also all the mineral therein are hereby specifically reserved for future action of Congress. * * 33 STAT. 151, MARCH 25, 1904. PATENTS VALIDATED-BITTER ROOT VALLEY. AN ACT To confirm and validate patents to certain lands situated in the Bitter Root Valley, State of Montana, above the mouth of the Lo Lo Fork of the Bitter Root River. Be it enacted, etc., That all patents heretofore issued for lands in the Bitter Root Valley, State of Montana, above the mouth of the Lo Lo Fork of the Bitter Root River, designated in the act of June 5, 1872 (17 Stat., 226), in desert entries, preemption entries, mining entries, entries under the act of June 3, 1878 (20 Stat., 89), as extended to all the public land States by the act of August 4, 1892 (27 Stat., 348), commonly known as the timber and stone law, and for lands selected for the benefit of the University of the State of Montana prior to the passage of the act of August 3, 1894 (28 Stat., 222, Ch. 196), are hereby confirmed and said patents validated, to all intents and purposes the same as if the law under which said patents were issued was applicable to said lands. 33 STAT. 302, p. 303, APRIL 23, 1904. SURVEY AND ALLOTMENT. AN ACT For the survey and allotment of lands now embraced within the limits of the Flathead Indian Reservation, in the State of Montana, and the sale and disposal of all surplus lands after allotment. Be it enacted, etc., * * * SEC. 5. That said commissioners shall then proceed to personally inspect and classify and appraise, by the smallest legal subdivisions of 40 acres each, all of the remaining lands embraced within said reservation. In making such classification and appraisement said lands shall be divided into the following classes: First, agricultural land of the first class; second, agricultural land of the second class; third, timber lands, the same to be lands more valuable for their timber than for any other purpose; fourth, mineral lands; and fifth, grazing lands. SEC. 6. That said commission shall in their report of lands of the third class determine as nearly as possible the amount of standing saw timber on legal subdivisions thereof and fix a minimum price for the value thereof, and in determining the amounts of merchantable timbers growing thereon they shall be empowered to employ a timber cruiser, at a salary of not more than $8 per day while so actually employed, with such assistants as may be necessary, at a salary not to exceed $6 per day while so actually employed. Mineral lands shall not be appraised as to value. * * * SEC. 8. That when said commission shall have completed the classification and appraisement of all of said lands and the same shall have been approved by the Secretary of the Interior, the land shall be disposed of under the general provisions of the homestead, mineral, and town-site laws of the United States, except such of said lands as shall have been classified as timber lands, and excepting sections 16 and 36 of each township, which are hereby granted to the State of Montana for school purposes. * * * SEC. 10. That only mineral entry may be made on such of said lands as said commission shall designate and classify as mineral under the general provisions of the mining laws of the United States, and mineral entry may also be made on any of said lands whether designated by said commission as mineral lands or otherwise, such classification by said commission being only prima facie evidence of the mineral or nonmineral character of the same: Provided, That no such mineral locations shall be permitted upon any lands allotted in severalty to an Indian. 33 STAT. 352, p. 360, APRIL 27, 1904. MINERALS UNDER TOWN SITES. AN ACT To ratify and amend an agreement with the Indians of the Crow Reservation in Montana, and making appropriation to carry the same into effect. Be it enacted, etc., * * * SEC. 5. * * * And provided further, That the price of said lands shall be $4 per acre, when entered under the homestead laws. * * * Lands entered under the town-site and mineral-land laws shall be paid for in amount and manner as provided by said laws, but in no event at a less price than that fixed herein for such lands, if entered under the homestead laws. * * * 33 STAT. 595, p. 596, DECEMBER 21, 1904. MINERAL LANDS-DISPOSAL. AN ACT To authorize the sale and disposition of surplus or unallotted lands of the Yakima Indian Reservation, in the State of Washington. Be it enacted, etc., * * * SEC. 3. That the residue of the lands of said reservation—that is, the lands not allotted and not reserved-shall be classified under the direction of the Secretary of the Interior as irrigable lands, grazing lands, timber lands, mineral lands, or arid lands, and shall be appraised under their appropriate classes by legal subdivisions, with the exception of the mineral lands, which need not be appraised, and the timber on the lands classified as timber lands shall be appraised separately from the land. The basis for the appraisal of the timber shall be the amount of standing merchantable timber thereon, which shall be ascertained and reported. *** The lands classified as mineral lands shall be subject to location and disposal under the mineral-land laws of the United States: Pro vided, That lands not classified as mineral may also be located and entered as mineral lands, subject to approval by the Secretary of the Interior and conditioned upon the payment, within one year from the date when located, of the appraised value of the land per acre fixed prior to the date of such location, but at not less than the price fixed by existing law for mineral lands: Provided further, That no such mineral locations shall be permitted on any lands allotted to Indians in severalty or reserved for any purpose as herein authorized. 33 STAT. 1016, p. 1020, MARCH 3, 1905. SALE OF MINERAL LANDS. AN ACT To ratify and amend an agreement with the Indians residing on the Shoshone or Wind River Indian Reservation in the State of Wyoming, etc. Whereas, etc., * * * Be it enacted, etc., * * * that lands entered under the townsite, coal and mineral land laws shall be paid for in an amount and manner as provided by said laws; and in case any entryman fails to make the payments herein provided for, or any of them, within the time stated, all rights of the said entryman to the lands covered by his or her entry shall at once cease and any payments therebefore made shall be forfeited and the entry shall be held for cancellation and canceled, and all lands, except mineral and coal lands herein ceded, remaining undisposed of at the expiration of 5 years from the opening of said lands to entry shall be sold to the highest bidder for cash, at not less than $1 per acre, under rules and regulations to be prescribed by the Secretary of the Interior: And provided, That nothing herein contained shall impair the rights under the lease to Asmus Boysen, which has been approved by the Secretary of the Interior; but said lessee shall have for 30 days from the date of the approval of the surveys of said land a preferential right to locate, following the Government surveys, not to exceed 640 acres in the form of a square, of mineral or coal lands in said reservation; that said Boysen at the time of entry of such lands shall pay cash therefor at the rate of $10 per acre and surrender said lease and the same shall be canceled: Provided further, That any lands remaining unsold 8 years after the said lands shall have been opened to entry may be sold to the highest bidder for cash without regard to the above minimum limit of price; that lands disposed of under the town-site, coal and mineral land laws shall be paid for at the prices provided for by law, and the United States agrees to pay the said Indians the proceeds derived from the sales of said lands, the amount so realized to be paid to and expended for said Indians in the manner hereinafter provided. SEC. 2. That the lands ceded to the United States under the said agreement shall be disposed of under the provisions of the homestead, townsite, coal, and mineral land laws of the United States and shall be opened to settlement and entry by proclamation of the President. * * * Lands entered under the townsite, coal, and mineral land laws shall be paid for in amount and manner as provided by said laws. Notice of location of all mineral entries shall be filed in the local land office of the district in which the lands covered by the location are situated, and unless entry and payment shall be made within three years from the date of location all rights thereunder shall cease; * * that all lands, except mineral and coal lands, herein ceded remaining undisposed of at the expiration of five years from the opening of said lands to entry shall be sold to the highest bidder for cash at not less than $1 per acre under rules and regulations to be prescribed by the Secretary of the Interior. * * A. INDIAN LANDS CEDED-WIND RIVER. 1. LANDS OPENED BY PROCLAMATION. 2. SIXTY-DAY PERIOD FOR ENTERING LAND COMPUTATION. 1. LANDS OPENED BY PROCLAMATION. The proclamation of the President, dated June 2, 1906 (34 Stat. 3208), opened the lands ceded by this act under the general provisions of the homestead, townsite, coal and mineral land laws of the United States on conditions prescribed in such proclamation. Leclair v. Hawley, 18 Wyo. 23, p. 29. 2. SIXTY-DAY PERIOD FOR ENTERING LAND COMPUTATION. In computing the 60-day period in which lands could be entered under this act and under the proclamation of the President of June 2, 1906 (34 Stat. 3208), August 15, 1906, fixed as the date of opening to settlement, must be included in computing the 60-day period, and the 60-day period expired at midnight October 13, 1906, and a mining location made on October 14, 1906, was not premature. Leclair v. Hawley, 18 Wyo. 23, p. 37. 35 STAT. 650, FEBRUARY 25, 1909. SALE OF MINERAL LANDS-AMENDMENT. AN ACT Extending the time for final entry of mineral claims within the Shoshone or Wind River Reservation in Wyoming. Be it enacted, etc., That section 2 of the act of March 3, 1905 (33 Stat. 1016, p. 1021), being "An act to ratify and amend an agreement with the Indians residing on the Shoshone or Wind River Indian Reservation, in the State of Wyoming, and to make appropriations to carry the same into effect," be, and the same is hereby, amended so that all claimants and locators of mineral lands within the ceded portion of said reservation shall have five years from the date of location within which to make entry and payment instead of three years, as now provided by the said act. 34 STAT. 1015, p. 1036, MARCH 1, 1907. MINERAL LANDS-CLASSIFICATION. AN ACT Making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1908. Be it enacted, etc., * * * That said commissioners shall then proceed to personally inspect and classify and appraise, by the smallest legal subdivisions of 40 |
