e Cherokee Nation not a
resident within the land so ceded who prior to the 1st day of November,
1891, had for farming purposes made valuable and permanent improvements
upon any of the land so ceded shall have the right to select one-eighth
of a section of land, to conform to the United States surveys; such
selection to embrace, as far as the above limitation will admit, such
improvements; but the allotments so provided for shall not exceed
seventy (70) in number and the land allotted shall not exceed five
thousand and six hundred (5,600) acres; and such allotments shall be
made and confirmed under such rules and regulations as shall be
prescribed by the Secretary of the Interior, and when so made and
confirmed shall be conveyed to the allottees respectively by the United
States in fee simple; and from the price to be paid to the Cherokee
Nation for the cession so made there shall be deducted the sum of one
dollar and forty cents ($1.40) for each acre so taken in allotment:
_And provided_, That D.W. Bushyhead having made permanent or
valuable improvements prior to the 1st day of November, 1891, on the
lands so ceded, he may select a quarter section of the lands ceded,
whether reserved or otherwise, prior to the opening of said lands to
public settlement, but he shall be required to pay for such selection
at the same rate per acre as other settlers, into the Treasury of the
United States, in such manner as the Secretary of the Interior shall
direct; and
Whereas it is provided in section 10 of the aforesaid act of Congress
approved March 3, 1893, that--
Said lands, except the portion to be allotted as provided in said
agreement, shall, upon the payment of the sum of $295,736, herein
appropriated, to be immediately paid, become and be taken to be and
treated as a part of the public domain; but in any opening of the same
to settlement sections 16 and 36 in each township, whether surveyed or
unsurveyed, shall be, and are hereby, reserved for the use and benefit
of the public schools to be established within the limits of such lands,
under such conditions and regulations as may be hereafter enacted by
Congress. * * *
Sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, and the east
half of sections 17, 20, and 29, all in township No. 29 north of range
No. 2 east of the Indian meridian, the same being lands reserved by
Executive order dated July 12, 1884, for use of and in connection with
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