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 a
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