A PROCLAMATION.

Whereas by an agreement between the Shoshone and Bannock Indians

of the Fort Hall Reservation in Idaho, on the one part and certain

commissioners of the United States on the other part, ratified by act of

Congress approved June 6, 1900 (31 Stat., 672) the said Indians ceded,

granted, and relinquished to the United States all right, title, and

interest which they had to the following described land, the same being

a part of the land obtained through the treaty of Fort Bridger on the

third day of July. 1868, and ratified by the United States Senate on

the sixteenth day of February, 1869:

All that portion of the said reservation embraced within and lying east

and south of the following described lines:

Commencing at a point in the south boundary of the Fort Hall Indian

Reservation, being the southwest corner of township nine (9) south,

range thirty-four (34) east of the Boise meridian, thence running due

north on the range line between townships 33 and 34 east to a point two

(2) miles north of the township line between townships five (5) and six

(6) south, thence due east to the range line between ranges 35 and 36

east, thence south on said range line four (4) miles, thence due east

to the east boundary line of the reservation; from this point the east

and south boundaries of the said reservation as it now exists to the

point of beginning, namely, the southwest corner of township nine

(9) south, range thirty-four (34) east, being the remainder of the

description and metes and bounds of the said tract of land herein

proposed to be ceded.

And whereas, in pursuance of said act of Congress ratifying said

agreement, allotments of land have been regularly made to each Indian

occupant who desired it, and a schedule has been made of the lands to be

abandoned and the improvements thereon appraised, and such improvements

will be offered for sale to the highest bidder at not less than the

appraised price prior to the date fixed for the opening of the ceded

lands to settlement, and the classification as to agricultural and

grazing lands has been made;

And whereas, in the act of Congress ratifying said agreement it is

provided:

That on the completion of the allotments and the preparation of the

schedule provided for in the preceding section, and the classification

of the lands as provided for herein, the residue of said ceded lands

shall be opened to settlement by the proclamation of the President,

and shall be subject to disposal under the homestead, townsite, stone

and timber, and mining laws of the United States only, excepting as

to price and 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 all

purchasers of lands lying under the canal of the Idaho Canal Company,

and which are susceptible of irrigation from the water from said canal,

shall pay for the same at the rate of ten dollars per acre; all

agricultural lands not under said canal shall be paid for at the rate of

two dollars and fifty cents per acre, and grazing lands at the rate of

one dollar and twenty-five cents per acre, one-fifth of the respective

sums to be paid at time of original entry, and four-fifths thereof at

the time of making final proof; but no purchaser shall be permitted in

any manner to purchase more than one hundred and sixty acres of the

land hereinbefore referred to; but the rights of honorably discharged

Union soldiers and sailors, as defined and described in sections

twenty-three hundred and four and twenty-three hundred and five of the

Revised Statutes of the United States, shall not be abridged, except

as to the sum to be paid as aforesaid.

* * * * *

No lands in sections sixteen and thirty-six now occupied, as set forth

in article three of the agreement herein ratified, shall be reserved for

school purposes, but the State of Idaho shall be entitled to indemnity

for any lands so occupied: _Provided_, That none of said lands

shall be disposed of under the townsite laws for less than ten dollars

per acre: _And provided further_, That all of said lands within

five miles of the boundary line of the town of Pocatello shall be sold

at public auction, payable as aforesaid, under the direction of the

Secretary of the Interior for not less than ten dollars per acre: _And

provided further_, That any mineral lands within said five mile limit

shall be disposed of under the mineral land laws of the United States,

excepting that the price of such mineral lands shall be fixed at ten

dollars per acre, instead of the price fixed by the said mineral land

laws.

And whereas, all the conditions required by law to be performed prior to

the opening of said lands to settlement and entry have been, as I hereby

declare, duly performed, except the sale of the improvements mentioned

above, but as this is not considered a bar to the opening of the

unallotted and unreserved lands to settlement and entry.

Now, therefore, I, Theodore Roosevelt, President of the United States of

America, by virtue of the power vested in me by law, do hereby declare

and make known that all of the lands so as aforesaid ceded by the

Shoshone and Bannock Indians, saving and excepting all lands allotted

to the Indians, and saving and excepting the lands on which the Indian

improvements have been appraised, and saving and excepting the sixteenth

and thirty-sixth sections in each Congressional township, and saving and

excepting Lots 7 and 8, section 21, NW 1/4 SW 1/4 and Lots 9 and 10,

section 22, T. 9 S., R. 38 E., B.M., known as "Lava Hot Springs," and

saving and excepting all of the lands within five miles of the boundary

line of the town of Pocatello, Idaho and saving and excepting the

lands ceded under the act of September 1, 1888 (25 Stat, 452), for the

purposes of a townsite, will on the 17th day of June, 1902, at and

after the hour of 12 o'clock, noon (Mountain Standard time), be opened

to settlement and entry under the terms of and subject to all the

conditions, limitations, reservations, and restrictions contained in the

statutes above specified, and the laws of the United States applicable

thereto.

In view of the provision in said act "That all of said lands within

five miles of the boundary line of the town of Pocatello shall be sold

at public auction, payable as aforesaid, under the direction of the

Secretary of the Interior for not less than ten dollars per acre," the

lands "within five miles of the boundary line of the town of Pocatello."

saving and excepting all lands allotted to the Indians, and saving and

excepting the sixteenth and thirty-sixth sections in each Congressional

township, and saving and excepting the lands ceded under the act of

September 1, 1888 (25 Stat., 452), for the purposes of a townsite, will

on the 17th day of July, 1902, at and after the hour of 12 o'clock, noon

(Mountain Standard time), be offered at public auction at not less than

ten dollars per acre, under the terms and subject to all the conditions,

limitations, reservations and restrictions, contained in the statutes

above specified, and the laws of the United States applicable thereto.

Because of the provision in the act ratifying said agreement that

"The purchaser of said improvements shall have thirty days after such

purchase for preference right of entry, under the provisions of this

act, of the lands upon which the improvements purchased by him are

situated, not to exceed one hundred and sixty acres," the said lands

upon which such Indian improvements purchased are situated outside of

the lands within five miles of the town of Pocatello, shall for the

period of thirty days after said opening be subject to homestead entry,

townsite entry, stone and timber entry, and entry under the mineral laws

only by those who may have purchased the improvements thereon, and who

are accorded a preference right of entry for thirty days as aforesaid,

such entries to be made in accordance with the terms and conditions of

this act. Persons entitled to make entry under this preference right

will be permitted to do so at any time during the said period of thirty

days following the opening, and at the expiration of that period any

of said lands not so entered will come under the general provisions

of this proclamation.

The purchaser of the improvements on lands situated within five miles

of the town of Pocatello will have no preference right of entry of the

tract on which such improvements are situated, as the law provides that

"all of said lands within five miles of the boundary line of the town

of Pocatello shall be sold at public auction."

In witness whereof I have hereunto set my hand and caused the seal of

the United States to be affixed.

[SEAL.]

Done at the city of Washington the seventh day of May, A.D. 1902, and of

the Independence of the United States the one hundred and twenty-sixth.

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