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"An act making appropriations for the sundry civil expenses of the Government for the fiscal year ending June 30, 1895,” approved August 18, 1894 (28 Stat. 422), a lien or liens is hereby authorized to be created by the State to which such lands are granted and by no other authority whatever, and when created shall be valid on and against the separate legal subdivisions of land reclaimed, for the actual cost and necessary expenses of reclamation and reasonable interest thereon from the date of reclamation until disposed of to actual settlers; and when an ample supply of water is actually furnished in a substantial ditch or cana), or by artesian wells or reservoirs, to reclaim a particular tract or tracts of such lands, then patents shall issue for the same to such State without regard to settlement or cultivation: Provided, That in no event, in no contingency, and under no circumstances shalí the United States be in any manner directly or indirectly liable for any amount of any such lien or liablility, in whole or in part.

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A. MINERAL LANDS NOT SUBJECT TO LIEN FOR RECLAMATION

EXPENSES.

Mineral lands not being within the purview of the grant provided in this art, the
State can create no lien against the same.
Wyoming, In re, 38 L. D. 508, p. 512.

INDIAN LANDS.

I. MINERALS RESERVATIONS—ALLOTMENTS CLASSIFICA

TIONS, ETC. II. COAL, OIL, AND ASPHALTUM LANDS—LEASES, page 989.

I. MINERALS RESERVATIONS--ALLOTMENTS-CLASSIFI

CATIONS, ETC.

13 STAT. 673, OCTOBER 7, 1863.

TREATY-MINING RIGHTS RESERVED.

Treaty between United States and the Tabeguache Band of Utah Indians, etc.

Whereas a treaty was made and concluded at the Tabeguache Agency at Conejos, Colorado Territory, October 7, 1863, etc.

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The right of any citizen of the United States to mine without interference or molestation in any part of the country hereby retained by said Indians, where gold or other metals or minerals may be found, is hereby also conferred and guaranteed. And for all other purposes, excepting as herein stipulated, settlement by other persons than Indians is hereby prohibited.

13 STAT. 681, OCTOBER 12, 1863.

TREATY-MINING RIGHTS RESERVED.

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Treaty between United States and the Shoshonee-Goship Bands of Indians.

Whereas a treaty was made and concluded at Tuilla Valley, in the Territory of Utah, on October 12, 1863, etc.

Art. 4. It is further agreed by the parties hereto that the country of the Goship tribe may be explored and prospected for gold and silver, or other minerals and metals; and when mines are discovered they may be worked, and mining and agricultural settlements formed, and ranchos established wherever they may be required. Mills may be erected and timber taken for their use, as also for building and other purposes, in any part of said country.

14 STAT. 799, JULY 19, 1866.

TREATY.

Treaty between the United States of America and the Cherokee Nation of Indians;

concluded July 19, 1866. Whereas a treaty was made and concluded at the city of Washington, in the District of Columbia, on the 19th day of July, in the year of our Lord 1866, by and between Dennis N. Cooley and Elijah

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Sells, Commissioners, on the part of the United States, and (certain persons named) delegates of the Cherokee Nation, appointed by resolution of the national council, on the part of said Cherokee Nătion. *

ART. 17. * * And the Secretary of the Interior shall from time to time, as such surveys and appraisements are approved by him, after due advertisements for sealed bids, sell such lands to the highest bidders for cash in parcels not exceeding 160 acres, and at not less than the appraised value: Provided, That whenever there are improvements of the value of $50 made on the lands not being mineral, and owned and personally occupied by any person

for agricultural purposes at the date of the signing thereof, such person so owning, and in person residing on such improvements, shall, after due proof, made under such regulations as the Secretary of the Interior may prescribe, be entitled to buy, at the appraised value, the smallest quantity of land in legal subdivisions which will include his improvements, not exceeding in the aggregate 160 acres; the expenses of survey and appraisement to be paid by the Secretary out of the proceeds of sale of said land:

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ART. 26. The United States guarantee to the people of the Cherokee Nation the quiet and peaceable possession of their country and protection against domestic feuds and insurrections and against hostilities of other tribes. They shall also be protected against interruptions or intrusion from all unauthorized citizens of the United States who may attempt to settle on their lands or reside in their territory. In case of hostilities among the Indian tribes, the United States agree that the party or parties commencing the same shall, so far as practicable, make reparation for the damages done.

A. INDIANS CHEROKEES.

1. RIGHT TO BUY COMPLETE-TRANSFER. See 22 Stat., 349.

Where the right of the actual owner and occupier at the date of the ratification of the treaty to buy the land is complete he may transfer to another such right and neither the right to buy nor the power to assign this right is limited or affected by reason of a coal deposit underlying a portion of the land where the land was used for agricultural purposes and was not known or recognized as mineral land as the term mineral land was used in the treaty with reference to other lands containing lead and zinc and perhaps other mineral deposits which were known to exist.

Stroud v. Missouri River, etc., R. Co., 23 Fed. Cas. 257, p. 260.

15 STAT. 619, MARCH 2, 1868.

TREATY.

Treaty between the United States of America and the Tabeguache, Muache, Capote, Weeminuche, Yampa, Grand River, and Vintah Bands of Ute Indians; concluded March 2, 1868.

Whereas a treaty was made and concluded at the city of Washington, in the District of Columbia, on the 2d day of March, in the year of our Lord 1868, by and between (certain persons for the United States and certain "Indians here named)

56974°-Bull. 94, pt 2—15

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ART. 2. The United States agree that the following district of country, to wit, (here described) and the United States now solemnly agree that no persons, except those herein authorized so to do, and except such officers, agents, and employees of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law shall ever be permitted to pass over, settle upon, or reside in the territory described in this article except as herein otherwise provided.

A. INDIAN LANDS.

1. EFFECT TO EXCLUDE MINING PROSPECTORS.
2. MINING LOCATIONS AFTER WITHDRAWAL-PRIORITY.

1. EFFECT TO EXCLUDE MINING PROSPECTORS.

The effect of this treaty was to exclude all intrusion for mining or other pursuits upon the territory reserved and it prohibited any entry for mining purposes upon the premises and not until the withdrawal of the land from this reservation by a new convention with the Indians, and one which would throw the lands open, could a mining location thereon be initiated and a location made while the treaty was in force was inoperative to confer any rights upon the locator.

Kendall v. San Juan Min. Co., 144 U. S. 658, p. 663.
Jones v. Wild Goose Min., etc., Co., 177 Fed. 95, p. 98.

On the withdrawal of this reservation by force of the act of April 29, 1874 (18 Stat. 36), the discovery of minerals by the locator of a mining claim must within three months thereafter under the statute of Colorado, February 13, 1874, record a certificate of his location as required by the Colorado statute in order to protect and preserve his rights in the claim, and a wrongful entry of the locator upon the premises during the existence of the Indian reservation is not effective as against a claimant who entered upon the premises immediately after withdrawal of the reservation and made a proper location certificate and caused the same to be recorded in compliance with the Colorado statute. Kendall v. San Juan Min. Co., 144 U. S. 658, p. 665.

2. MINING LOCATIONS AFTER WITHDRAWAL-PRIORITY. The location of a mining claim on an Indian reservation must date from the time of the withdrawal of the reservation, and a claim located after the date of such withdrawal will be prior and superior to a claim located previous to such time and not relocated until after such second location.

Kendall v. San Juan Min. Co., 144 U. S. 658, p. 663.
See Jones v. Wild Goose Min., etc., Co., 177 Fed. 95.

A mining location made while this treaty was in force was inoperative to confer any rights upon a locator; and a new location of the same claim made more than two years after the withdrawal of the reservation by the act of April 29, 1874 (18 Stat. 36), must yield to a prior withdrawal of such reservation.

Kendall v. San Juan Min, Co., 144 U. S. 658, p. 663.
See Noonan v. Caledonia Min. Co., 121 U. S. 393.

15 STAT. 635, APRIL 29, 1868.

BLACK HILLS-SIOUX TREATY. Treaty between the United States of America and different tribes of Sioux Indians;

concluded April 29, 1868. Whereas a treaty was made and concluded at Fort Laramie in the Territory of Dakota (now in the Territory of Wyoming), on April 29, and afterwards, in 1868, by and between (certain named persons) commissioners, on the part of the United States, and (certain named Indians) and other chiefs and headmen of different tribes of Sioux Indians, on the part of said Indians and duly authorized thereto by them, which treaty is in the words and figures following, to wit:

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ART. 2. The United States agrees that the following district of country, to wit, viz: Commencing on the east bank of the Missouri River where the forty-sixth parallel of north latitude crosses the same, thence along low-water mark down said east bank to a point opposite where the northern line of Nebraska strikes the river, thence west across said river, and along the northern line of Nebraska to the one hundred and fourth degree of longitude west from Greenwich, thence north on said meridian to a point where the forty-sixth parallel of north latitude intercepts the same, thence due east along said parallel to the place of beginning; and in addition thereto, ali existing reservations on the east bank of said river shall be, and the same is set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit amongst them; and the United States now solemnly agrees that no persons except those herein designated and authorized so to do, and except such officers, agents, and employees of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation for the use of said Indians, and henceforth they will and do hereby relinquish all claims or right in and to any portion of the United States or Territories, except such as is embraced within the limits aforesaid, and except as hereinafter provided. NOTE.—This description includes the Black Hills.

18 STAT. 36, APRIL 23, 1874.

UTE NATION.

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AN ACT To ratify an agreement with certain Ute Indians in Colorado, and to make

an appropriation for carrying out the same. Be it enacted, etc., That a certain agreement made by Felix R. Brunot, commissioner on the part of the United States, with certain Ute Indians in Colorado, be, and the same is hereby, ratified and confirmed.

* * ARTICLE 1. The confederated band of the Ute Nation hereby relinquish to the United States all right, title, and claim and interest in and to the following-described portion of the reservation heretofore conveyed to them by the United States, viz: [Here describing]. *

Art. 5. All the provisions of the treaty of 1868 not altered by this agreement shall continue in force; and the following words, from article 2 of said treaty, viz: “The United States now solemnly agrees that no persons except those herein authorized to do so, and except such officers, agents, and employees of the Government as

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