thern Ute
Indians in Colorado, as might elect and be considered by him qualified
to take the same out of the agricultural lands embraced in their present
reservation in Colorado, such allotments to be made in accordance with
the provisions of the act of Congress approved June fifteenth, eighteen
hundred and eighty, entitled "An act to accept and ratify the agreement
submitted by the confederated bands of Ute Indians in Colorado for the
sale of their reservation in said State and for other purposes, and to
make the necessary appropriations for carrying out the same," and the
amendments thereto, as far as applicable, and the treaties theretofore
made with said Indians; and

Whereas it was further provided that for the sole and exclusive use of
such of said Indians as might not elect or be deemed qualified to take
allotments in severalty as provided, there should be set apart and
reserved all that portion of their reservation lying west of the range
line between ranges thirteen and fourteen west of the New Mexico
Principal Meridian, and also all of townships thirty-one and thirty-two
of ranges fourteen, fifteen, and sixteen west of the New Mexico
Principal Meridian and lying in the Territory of New Mexico, subject
to the right of the Government to erect and maintain agency buildings
thereon, and to grant rights of way through the same for railroads,
irrigation ditches, highways and other necessary purposes; and

Whereas under the provisions of section four of said act it was made the
duty of the President of the United States to issue his proclamation
declaring the lands within the reservation of said Indians except such
portions as might have been allotted or reserved under the provisions of
the preceding sections of said act, open to occupancy and settlement,
said unallotted and unreserved lands to be and become a part of the
public domain of the United States and to become subject to entry, under
the desert, homestead, and townsite laws and the laws governing the
disposal of coal, mineral, stone and timber lands, but providing that no
homestead settler should receive a title to any portion of such lands at
less than one dollar and twenty-five cents per acre, and such settlers
should be required to make a cash payment of fifty cents per acre at the
time filing is made upon any of said lands; and providing that before
said lands should be open to public settlement the Secretary of the
Interior should cause the improvemen