erly course on a parallel of latitude to a
point where it intersects the mid-channel of the Big Horn River; thence
following up the mid-channel of said river to a point where it crosses
the Montana and Wyoming State line.
And whereas it is stipulated in the eleventh clause or section of said
agreement that all lands upon that portion of the reservation by said
agreement ceded which prior to the date thereof had been allotted in
severalty to Indians of the Crow tribe shall be retained and enjoyed by
them; and
Whereas it is provided in the twelfth clause or section of said
agreement that, in accordance with the provisions of article 6 of the
treaty of May 7, A.D. 1868, said cession of lands shall not be construed
to deprive without his or her consent any individual Indian of the Crow
tribe of his or her right to any tract of land selected by him or her in
conformity with said treaty or as provided by the agreement approved by
Congress April 11, A.D. 1882; and
Whereas it is further provided in said twelfth clause or section that in
ratifying said agreement the Congress of the United States shall cause
all such lands to be surveyed and certificates duly issued for the same
to said Indians, as provided in the treaty of May 7, 1868, before said
ceded portion of the reservation shall be opened for settlement; and
Whereas by the thirteenth clause or section of said agreement of
December 8, 1890, it is made a condition of said agreement that it
shall not be binding upon either party until ratified by the Congress of
the United States, and when so ratified that said cession of lands so
acquired by the United States shall not be opened for settlement until
the boundary lines set forth and described in said agreement have been
surveyed and definitely marked by suitable permanent monuments, erected
every half mile wherever practicable, along the entire length of said
boundary line; and
Whereas said agreement was duly ratified and confirmed by the
thirty-first section of the act of Congress approved March 3, 1891; and
Whereas it is provided in section 34 of said act of March 3, 1891--
That whenever any of the lands acquired by the agreement with said
Crow Indians hereby ratified and confirmed shall by operation of law
or the proclamation of the President of the United States be open to
settlement, they shall, except mineral lands, be disposed of to actual
settlers only under the provisions of the homes
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