Page:United States Statutes at Large Volume 34 Part 1.djvu/366

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336 FIFTY-NINTH CONGRESS. Sess. I. Ch. 350-L. 1906. l shall cause patents to issue therefor under the provisions of the gen eral allotment law of the United States. _l§)?tf*Q}$j.§:“°"'”‘ That upon the comgletion of said allotments to sand Indians the residue or surplus lun s-that is, lands not allotted or reserved tor Indian school, agency, or other purposes-of the said Coeur d’Alene Indian Reservation shall be classified under the direction of the Secretary of the Interior as agricultural lands, grazing lands, or timber lands, and shall be appraised under their appropriate classes by legal °P°”*”¢'·°°°'·'Y· subdivisions, and, upon comgletion of the classification and appraisement, such surplus lands s all be opened 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 one dollar and twenty-five cents 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

M thereof: Provided, That the Brice of said lands when entered shall be fixed by the uppraisement, as erein provided for, which shall be paid in accordance with rules and regulatuons to be prescribed by the Secretary of the Interior upon the following terms: One-fifth of the purchase price to be paid in cash at the time of entry and the balance in live equal annual installments to be id in one, two, three, four, and five years, respectively, from and anger the date of entry, and in case any entryman fails to make the annual payments, or any of them, promptly when due all rights in and to the land covered by his or her entry shall cease, and any payment theretofore made shall be forfeited _ and the entry canceled, and the lands shall be reolfered for sale and C°”"°"°'°°"‘ entr : Provided, That the right to commute by said entryman shall be aIl0wed as to any lands classified as agricultural and grazing lands, but the entryman, upon commutation, shall not be required to pay in Timbeh the aggregate any sum in excess of the uopraised value of such lands; and nothing in this Act shall be he d to repeal or extend the provisions of the homestead laws permitting the entryman to cut and remove, or cause to be cut and removed, so much timber as is actually necessary for buildings, fences, and other improvements on "“"“"*‘ 1"“‘”· the land entered: Pmm`¢Zedjiarth.e2·, That the general mining laws of the United States shall extend after the approval of this Act to any of said lands and mineral entry may be made on any of said lands, but no such mineral selection shall he yermitted 11Fon any lands allotted in sev- Ng:Q_:{*** •>**·l¤P<·¤|¤· eralty to the Indians: l’z·m·i¢le¢i_/}zrther, T mt all the coal or oil deposits `in or under the lands on the said reservation shall he and remain the property of the United States, and no potent that may he issued under

 the provisions of this or any other Act of Congress shall convey

,,,;`Q§li§',,éff h""}` "" any title thereto: I ,I'fN‘/·([l’(/ fur/b»»r·, That the lands remaining undisposed of at the expiration of five years from the opening of the said lands to entry shall be sold to the hi best bidder for cash. at not less than one dollar per acre, under rudes and regulations to be prescribed by the Secretary of the Interior, and that any lands remaining unsold ten years after the said lands shall have been opened to entry may he sold to the highest bidder for cash without regard to the m:;H_fj‘*··*~¢ ··‘ ~‘*··>··l ahove minimum limit of price: Am! p»·o4»·»'de¢l fiu·the»·, Thut sections sixteen and thirty-six of said lands be, and they are hereby, excepted from the foregoing provisions and are hereby granted to the State of Idaho for school purposes, and the United States shall pav to said _ Indians therefor the sum of one dollar and twentv-five cents ber acre: miKS°m""y ”l°°` And pwviekd GYM, That if the State of Idaho ihas made any selections under existing law in lieu of sections sixteen and thirtv—six of the lands affected by this Act the acreage of such selections shall hc deducted from the acreage to be paid for under the preceding proviso.