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first class; second, agricultural land of the second class; third, grazing land; fourth, timber land; fifth, mineral land, if any, but the mineral and timber lands shall not be appraised: Provided, That timber lands shall be classified without regard to acreage.

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36 STAT. 448, MAY 30, 1910.

SALE OF SURPLUS-ROSEBUD.

AN ACT To authorize the sale and disposition of a portion of the surplus and unalloted lands in Mellette and Washabaugh counties in the Rosebud Indian Reservation in the State of South Dakota, and making appropriation and provision to carry the same into effect.

Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed, as hereinafter provided, to sell and dispose of all that portion of the Rosebud Indian Reservation, in the State of South Dakota, lying and being within the counties of Mellette and Washabaugh, south of the White River, * * * except such portions thereof as have been or may be hereafter allotted to Indians or otherwise reserved, and except lands classified as timber lands: Provided, That any Indians to whom allotments have been made on the tract to be ceded may, in case they elect to do so before said lands are offered for sale, relinquish same and select allotments in lieu thereof on the diminished reservation.

SEC. 2. That the lands shall be disposed of under the general provisions of the homestead and town-site laws of the United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which the lands may be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any of said lands except as prescribed in such proclamation: Provided, That prior to said proclamation the allotments within the portion of the said Rosebud Reservation to be disposed of as prescribed herein shall have been completed. *

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* * * The President shall appoint a commission to consist of three persons to classify, appraise, and value all of said lands that shall not have been alloted in severalty to said Indians, or reserved by the Secretary of the Interior or otherwise disposed of, and excepting sections 16 and 36 or other lands which may be selected in lieu thereof by the State of South Dakota, in each of said townships. * The said commissioners shall then proceed to personally inspect, classify, and appraise, in 160-acre tracts each, all of the remaining unallotted lands embraced within that portion of the reservation described in section 1 of this act. 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, grazing land; fourth, timber land; fifth, mineral land, if any, but the mineral and timberlands shall not be appraised: Provided, That timber lands may be classified without regard to acreage: And provided further, That all lands classified as timber lands shall be reserved for the use of the Rosebud Indians.

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36 STAT. 1058, pp. 1064, 1075, MARCH 3, 1911.

FORT HALL RESERVATION-STONE QUARRIES RESERVED.

AN ACT Making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, for the fiscal year ending June 30, 1912.

Be it enacted, etc., That the following sums be, and they are hereby, appropriated out of any money in the Treasury not otherwise appropriated for the purpose of paying the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and in full compensation for all offices the salaries for which are provided for herein for the service of the fiscal year ending June 30, 1912, namely:

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That the Secretary of the Interior is hereby authorized to set aside and reserve so much of the timber land of the Fort Hall Reservation as he may deem necessary to provide timber for the domestic use of the Indians, not exceeding in aggregate two townships of land; and the said Secretary is hereby authorized to set aside and reserve certain lands chiefly valuable for the stone quarries situated thereon, not to exceed in aggregate 320 acres of land; and authority is hereby granted the said Secretary to lease said stone quarries, or, in his discretion, to operate said quarries for the benefit of the Indians of the Fort Hall Reservation and to sell the stone quarried therefrom, the net proceeds derived from said quarries to be deposited in the Treasury of the United States to the credit of said Indians and expended for their benefit in such manner as the said Secretary may prescribe.

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The Secretary of the Interior is authorized to sell and convey the lands, buildings, and other appurtenances of the old Fort Spokane Military Reservation, now used for Indian school purposes, and adjoining the Colville Reservation, in the State of Washington, containing approximately 640 acres, and to use the proceeds thereof not to exceed $35,000 in the establishment and maintenance of such new schools and administration of affairs as may be required by the Colville and Spokane Indians in said State: Provided, That the Secretary of the Interior is authorized in his discretion to reserve from sale or other disposition any part of said reservation chiefly valuable for power sites and reservoir sites and land valuable for minerals: Provided further, That in the case of land reserved on account of minerals, the Secretary of the Interior may sell the surface under such regulations as he may prescribe: Provided further, That, in the discretion of the Secretary of the Interior, the surface of the lands may be sold separate from any minerals that may be found thereunder.

The Secretary of the Interior shall report to Congress at its next session his action in the premises.

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37 STAT. 86, APRIL 18, 1912.

MINERAL RIGHTS AND ROYALTIES.

AN ACT Supplementary to and amendatory of the act entitled "An act for the division of the lands and funds of the Osage Nation of Indians in Oklahoma," approved June 28, 1906, etc.

Be it enacted, etc., That until the inherited lands of the deceased members of the Osage Tribe of Indians shall be partitioned or sold the Secretary of the Interior be, and he hereby is, authorized to pay the taxes on said land out of any money due and payable to the heirs from the segregated decedent's funds in the Treasury of the United States.

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SEC. 4. That nothing herein shall be construed as in any way changing the rights of the Osage Tribe in oil, gas, coal, and other minerals as fixed in the Osage Act of June 28, 1906 (34 Stat. 543), or in any manner be construed to change or amend the provisions of said act in regard to oil, gas, coal, or other minerals.

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SEC. 10. That section 4, paragraph 4, of the Osage allotment act, approved June 28, 1906 (34 Stat. 539), be, and the same hereby is, amended to read as follows:

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"Fourth. There shall be set aside and reserved from the royalties received from oil, gas, or other tribal mineral rights or other tribal funds, however arising, not to exceed $40,000 per annum for agency purposes and as an emergency fund, which money shall be paid out from time to time upon the requisition of the Osage tribal council with the approval of the Secretary of the Interior: Provided, That the provision of the act entitled 'An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with the various Indian tribes for the fiscal year ending June 30, 1898, and for other purposes,' approved June 7, 1897 (30 Stat. 90), limiting the amount of money to be expended for salaries of regular employees at any one agency shall not hereafter apply to the Osage Agency.

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II. COAL, OIL, AND ASPHALTUM LANDS-LEASES.

22 STAT. 178, JULY 28, 1882.

LANDS MADE PUBLIC-UTE INDIANS.

AN ACT Relating to lands in Colorado lately occupied by the Uncompahgre and White River Ute Indians.

Be it enacted, etc., That all of that portion of the Ute Indian Reservation in the State of Colorado lately occupied by the Uncompahgre and White River Utes be, and the same is hereby, declared to be public land of the United States, and subject to disposal from and after the passage of this act, in accordance with the provisions and under the restrictions and limitations of section 3 of the act of Congress approved June 15, 1880 (21 Stat. 199), chapter 223, except as hereinafter provided, under regulations to be prescribed by the Secretary of the Interior in accordance with the provisions of this act.

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SEC. 3. That all entries, settlements, or locations heretofore made, under any law of the United States, by duly qualified persons, upon a strip of land extending northerly and southerly, not exceeding 10 miles in width, within that part of the Ute Indian Reservation in the State of Colorado lately occupied by the Uncompahgre and White River Ute Indians, and bounded on the east by the one hundred an seventh meridian of longitude west from Greenwich, shall legally date from the time they were respectively made; and the rights of said persons shall be in all respects the same as if the lands had been legally subject to their claims when the same were initiated: Provided, however, That if homestead entries have been made on said strip the lands so entered shall be paid for in cash, after proof which would be satisfactory under the preemption laws: And provided further, That none of said lands shall be disposed of for any consideration other than cash, nor for a less price than $1.25 per acre.

A. COAL LANDS-UNLAWFUL ENTRY PROTECTED.

B. PRICE OF COAL LANDS, p. 990.

C. FAILURE TO COMPLY WITH STATUTE EFFECT, p. 990.

A. COAL LANDS—UNLAWFUL ENTRY PROTECTED.

The occupation of land within this 10-mile strip at any time after 1868 and prior to the date of this act was irregular and contrary to law and the occupants acquired no rights by reason of such occupation, or of any improvements made thereon, as in the eye of the law they were trespassers; but this act extended to them a protection which they could not claim under the general laws and legalize their otherwise illegal occupation and permitted them to hold and ultimately acquire title to coal lands which they had entered.

Foster, In re, 2 L. D. 730, p. 733.

B. PRICE OF COAL LANDS.

This act does not affect the price of coal lands, and the general rule that the price depends upon the circumstances at the date of entry must be followed without regard to lands in the 10-mile strip mentioned herein.

Foster, In re, 2 L. D. 730, p. 733.

The question of the price of coal land within the 10-mile strip depends upon the construction of this act, and the act was remedial in its nature, and accordingly the price of coal land is not affected by the act, and the general rule that the price depends upon the circumstances at the date of entry must be followed with regard to lands within the 10-mile strip as well as in other cases.

Foster, In re, 2 L. D. 730, p. 733.

The fact that the act provides that the price of the land in this 10-mile strip shall not be less than $1.25 per acre is not controlling, and the price must be determined by the general law fixing the price of coal land, and the land must be paid for at the rate of $20 per acre where it lies within 15 miles of a completed railroad, accessible or otherwise.

Foster, In re, 2 L. D. 730, p. 733.

Delay in payment of the purchase price not being due to the laches of the parties, the right to purchase the land at $10 per acre is among the rights contemplated by this act.

Foster, In re, 2 L. D. 730, p. 733.

C. FAILURE TO COMPLY WITH STATUTE EFFECT.

Where an application for coal lands shows that the applicant failed either to comply with the law requiring a declaratory statement to be filed within 60 days, or he did not enter into possession of the lands and commence improvement thereon during their suspension from sale, or before such suspension, the applicant can not claim relief under the statute, for his rights can not be regarded as "heretofore" acquired under the latter alternative, and under the former he lost all rights acquired during the suspension by his failure to comply with the act.

Foster, In re, 2 L. D. 730, p. 734.

Rights acquired by persons during the suspension from sale of lands located in the 10-mile strip described in section 3 of this act were lost by failure to file declaratory statements within 60 days from the passage of this act.

Foster, In re, 2 L. D. 730, p. 734.

22 STAT. 582, p. 590, MARCH 3, 1883.

PROCEEDS OF SALES OF COAL, ETC.

AN ACT Making appropriations to supply deficiencies in the appropriations for the fiscal year ending June 30, 1883.

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Be it enacted, etc.,

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The proceeds of all pasturage and sales of timber, coal, or other product of any Indian reservation, except those of the Five Civilized Tribes, and not the result of the labor of any member of such tribe, shall be covered into the Treasury for the benefit of such tribe under such regulations as the Secretary of the Interior shall prescribe; and the Secretary shall report his action in detail to Congress at its next

session.

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