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IN THE WATER COURTS OF THE STATE OF MONTANA YELLOWSTONE DIVISION BOULDER RIVER BASIN, TRIBUTARY OF YELLOWSTONE RIVER (43BJ) ******************** ) IN THE MATTER OF THE ADJUDICATION OF CASE NO. 43BJ-45 THE EXISTING RIGHTS TO THE USE OF ALL ) THE WATER, BOTH SURFACE AND UNDERGROUND,) WITHIN THE BOULDER RIVER DRAINAGE AREA ) Claim # 43BJ-W-060061 INCLUDING ALL TRIBUTARIES OF THE BOULDER) 060062, 060063, 060097 RIVER, TRIBUTARY OF YELLOWSTONE RIVER, ) & 060098 IN SWEET GRASS AND PARK COUNTIES, ) ) MONTANA. I CLAIMANT: USDA Forest Service OBJECTOR: Dept. of Natural Resources & Conservation. ON MOTION OF THE WATER COURT MASTER'S REPORT FINDINGS OF FACT I. On September 3, 1985, an objection was filed to claim 43BJ-060061 by the Montana Department of Natural Resources & Conservation contesting the source. II. Such objection was timely filed. III. Claims 43BJ-W-060061, 060062, 060063, 060097 and 060098 were called in on Motion of the Water Court questioning that the claimed priority date for these claims conflicted with the dates of existence for the Crow Indian Reservation. IV. Claims 43BJ-W-060061, 060062, 060063, 060097 and 060098 were decreed in the Temporary Preliminary Decree of the Boulder River, Tributary of Yellowstone River, Basin. V. No Notice of Intent to Appear was filed. VI. A stipulation was filed with the Court on December 2, 1985, regarding 43BJ-W-060061 and was signed by both the claimant, USA Forest Service, and the objector, Montana Department of Natural Resources, correcting the source. VII. No objection was filed to contest the stipulation. VIII. The Temporary Preliminary Decree of the Boulder River, Tributary of Yellowstone River Basin decreed the source for claim 43BJ-060061 as: East Boulder River IX. Based upon the stipulation, the source for claim 43BJ-W-060061 should be: Boulder River, East Fork X. Claims 43BJ-W-060061, 060062 and 060063 were decreed the priority date of July 1, 1880 in the Temporary Preliminary Decree of the Boulder River, Tributary of Yellowstone River, Basin. XI. Claims 43BJ-W-060097 and 060098 were decreed the priority date of August 1, 1877, in the Temporary Preliminary Decree of the Boulder River, Tributary of Yellowstone River, Basin. XII. The lands claimed in claims 43BJ-W-060061, 060062 and 060063 were part of the Crow Indian Reservation on priority date claimed. XIII. There is no evidence that the lands contained in claims 43BJ-W-060061, 060062 and 060063 were originally an Indian allotment. XIV. The lands claimed in 43BJ-W-060061, 060062 and 060063 were signed over to the United States by the Crow Indians through a treaty dated June 12, 1880. XV. Such treaty was ratified by Congress on April 11, 1882. XVI. The lands claimed in claims 43BJ-W-060097 and 060098 were part of the Crow Indian Reservation on priority date claimed. XVII. The lands claimed in 43BJ-W-060097 and 060098 were signed over to the United States by the Crow Indians through a treaty dated December 8, 1890. XVIII. Such treaty was ratified by Congress on March 3, 1891. XIX. The lands contained in claims 43BJ-W-060097 and 060098 were open for public settlement on October 12, 1892. CONCLUSIONS OF LAW r. The Water Court has jurisdiction to review all objections to temporary preliminary decrees pursuant to 85-2-233, Montana Code Annotated. Upon review of these facts, the Master finds that there has been no over-reaching or misunderstanding by the parties in the signing of these stipulations. The stipulation regarding claim 43BJ-W-060061 is accepted by the Court. IV. The objection filed by the Montana Department of Natural Resources & Conservation is deemed withdrawn upon the Court's acceptance of the stipulation. V. An Indian who is given a portion of land under the General Allotment Act of 1887, 25 USCA Sec. 381, also receives a portion of the Indian reserved water right and such water right (& land) is transferable to a non-Indian. Colville Confederated Tribes v. Walton, 647 F2d 42 (9th Cir), Cert denied 454 US 1092, 102 SCt 657, 70 LEd2d 630 (1981). VI. No evidence exists to indicate the lands claimed in claims 43BJ-060061, 060062 and 060063 were part of an Indian allotment. VII. Indian lands become part of the public domain when a cessation treaty is signed by the Indians and when such treaty is ratified by Congress, not when the land is officially opened up for settlement. Cook et al v. Hudson, 110 MT 263, 103 P2d 137 (1940). VIII. The date the cessation treaty regarding the lands in claims 43BJ-060061, 060062 and 060063 was ratified by Congress was April 11, 1882. IX. The priority dates for claims 43BJ-W-060061, 060062 and 060063 shall be decreed in the Temporary Preliminary Decree of the Boulder River, Tributary of the Yellowstone River Basin as: April 11, 1882 X. The date the cessation treaty regarding the lands in claims 43BJ-060097 and 060098 was ratified by Congress was March 4, 1891. XI. The priority dates for claims 43BJ-W-060097and 060098 shall be decreed in the Temporary Preliminary Decree of the Boulder River, Tributary of the Yellowstone River Basin as: March 4, 1891 DATED this 14,kday o r' , 1987. Wynn 0 Brien Wate Master ORDER After review of the Master's Report, it is ORDERED, that the foregoing changes be made to claims 43BJ-W-060061, 060062, 060063, 060097 and 060098 in the Temporary Preliminary Decree of existing water rights of the Boulder River, Tributary of the Yellowstone River, Basin in accordance with the Master's Report. DATED this , 1987. day of _0, a W. W. Lessley Chief Water Judge USDA Forest Service Office of General Counsel P. 0. Box 7669 Missoula, MT 59807 Kenneth Pitt, Special Assistant United States Attorney P. O. Box 7669 Missoula, MT 59807 Candace West, Attorney Dept. of Natural Resources 1520 East Sixth Helena, MT 59620 -6- BASIN 438J ABSTRACT OF AATER RIGHT AATER_RiadT_UljMBER_i1.111-W-062Q11=2Q ,ANERS: US DEPT OF AGRICULTURE FOREST SERVICE PO BOX 7669 59607 MISSOULA MT PRIORITY DATE: APR 11 $ 1882 FLOA RATE: VOLUME: 3:: t.ALLONS PER DAY PER ANIMAL UNIT THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCKWATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT, ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORIC USE OF THE AREA SERVICED BY THIS WATER SOURCE, SOURCE: BOULDER RIVER ) LAST FORK PURPOSE (USE): STOCK PERIOD OF USE: JULY 1 TO SEPT 30 POINTS OF DIVERSION AND MEANS OF DIVERSION: LOT BLK ILL TAP Rg. RIR SASE LOUNIX__ 02 OBS 12E PARK DIRECT FROM SRC PLACE OF USE FOR STOCK ACRES LOT BLK CO1 SASE 02 085 12E PARK EMARKS: SEE GENERAL FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FURTHER DELINEATION OF THIS RIGHT. PAGE 5 7 BASIN 439J ABSTRACT OF WATER RIGHT Wc'TER RIGHT NUmBER 438J-W-060062-00 4NERS: US DEPT OF AGRICULTURE FOREST SERVICE PO BOX 7669 MT MISSOULA 59807 PPIORITY DATE: APR 11, 1882 FLOW RATE: VOLUME: 3', GALLONS PER DAY PER ANIMAL UNIT THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCKWATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORIC USE OF THE AREA SERVICED BY THIS WATER SOURCE. sOU;CE: ME,-=TRACK CREEK PURPOSE juSEI: STOCK PERIOD OF USE: JULY 1 TO SEPT 30 POINTS OF DIVERSION AND MEANS OF Dl VERSION: LOT BLK aTR SEC SEC TWP RGE COUNTY SWNW 21 06S 11E PARK DIRECT FROM SRC PLACE OF USE FOR STOCK ACRE 2 LQT BLK aTR SEC SEC TWP RGE COUNTY SWNW 001 21 065 11E PARK EMA R KS: SEE GENERAL FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FURTHER DELINEATION OF THIS RIGHT, PAGE 6 3AsIN 43aJ ABSTRACT OF WATER RIGHT WP T ER RIGHT NUMB E R 43BJ-W-060063-00 WNERS: US DEPT OF AGRICULTURE FOREST SERVICE PO BOX 7669 MT 59807 MISSOULA PRIORITY DATE: APR 111 1682 FLOW RATE: VOLUME: : 30 GALLONS PER DAY PER PNImAL UNIT THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCKWATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT, ANIMAL UNITS sHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORIC USE OF THE AREA SERVICED BY THIS wATER SOURCE. SOURCE: FOURm1LE CREEK PURPOSE (USE': STOCK PERIOD OF USE: JULY 1 TO SEPT 30 POINTS OF DIVERSION AND MEANS OF DIVERSION: LOT BLK gTR SEC SEC TWP ROE COUNTY NESW 06 06S 12E PARK DIRECT FROM SRC PLACE OF USE FOR STOCK ACRE a LOT BLK gIR SEC SEC TWP NESW 001 RG,=---HUNTY 06 065 12E PARK ARKS: SEE GENERAL FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FURTHER DELINEATION OF THIS RIGHT, PAGE 7 BASIN 43BJ ABSTRACT OF WATER RIGHT W , ER RIGHT NUMBER 43BJ-W-060097=20 _WNERS: US DEPT OF AGRICULTURE FOREST SERVICE PO BOX 7669 MT 59607 MISSOULA PRIORITY DATE: MAR 41 1891 FLOW RATE: VOLUME: 30 GALLONS PER DAY PER ANIMAL UNIT THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCKWATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORIC USE OF THE AREA SERVICED a y THIS WATER SOURCE. SOURCE: SPRING; TRIBUTARY OF CASTLE CREEK PURPOSE (USE': STOCK PERIOD OF USE: JULY 1 TO OCT 31 POINTS OF DIVERSION AND MEANS OF DIVERSION: LOT BLK .iTR SEC SEC TWP RGE COUNTY SESW 19 025 14E SWEET GRASS SPRING BOX PLACE OF USE FOR STOCK ACRE a 001 L2T BLK gTP SEC SEC TWP RGE -COUNTY SESW 19 02S 14E SWEET GRASS EMARKS: SEE GENERAL FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FURTHER DELINEATION OF THIS RIGHT. PAGE 8 BASIN 43BJ ABSTRACT OF WATER RIGHT AMR RIGHT NUMBER 438J-W-060098-Q0 4ERS: US DEPT OF AGRICULTURE FOREST SERVICE PO BOX 7669 59807 MT MISSOULA PRIORITY DATE: MAR 41 1891 FLO4 RATE: VOLUME: 3'.) GALLONS PER DAY PER ANIMAL UNIT THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCKWATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORIC USE OF THE AREA SERVICED BY THIS wATER SOURCE. SOURCE: SPRING, TRIBUTARY OF CASTLE CREEK PURPOSE (USE!: STOCK PERIOD OF USE: JULY 1 TO OCT 31 POINTS OF DIVERSION AND MEANS OF DIVERSION: LOT BLK aTR SEC SEC TWP RGL SWNE CQUNT/__ 19 02S 14E SWEET GRASS SPRING BOX PLACE OF USE FOR STOCK ACRES 001 LOT BLK qTR sEc' SWNE SEC TWP RGE COUNTY 19 025 14E SWEET GRASS MARKS: SEE GENERAL FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FURTHER DELINEATION OF THIS RIGHT. PAGE 9 IN THE WATER COURTS OF THE STATE OF MONTANA YELLOWSTONE DIVISION BOULDER RIVER BASIN, TRIBUTARY OF YELLOWSTONE RIVER ******************** IN THE MATTER OF THE ADJUDICATION ) OF THE EXISTING RIGHTS TO THE USE ) OF ALL THE WATER, BOTH SURFACE AND ) UNDERGROUND, WITHIN THE BOULDER RIVER BASIN, TRIBUTARY OF YELLOWSTONE) RIVER, DRAINAGE AREA, INCLUDING ALL ) TRIBUTARIES OF THE BOULDER RIVER, TRIBUTARY OF YELLOWSTONE RIVER, IN ) SWEET GRASS AND PARK COUNTIES, MONTANA - WATER RIGHT CLAIM NO. 43BJ-W-060061 ***************** WITHDRAWAL OF OBJECTION The Montana Department of Natural Resources and Conservation (DNRC), by and through the undersigned attorney, withdraw the Notice of Objection to the above-captioned water right claim(s) as it is no longer necessary to have a Hearing on the above-captioned matter before the Water Courts. DATED this(7?1,74 day oe-A4/ , 1985. Department of Natural Resources and Conservation 32 South Ewing Helena, Montana 59620 ¢ CERTIFICATE OF SERVICE I, the undersigned attorney for the Department of Natural Resources and Conservation, hereby certify that on the of 26aLL, 1985, day a true and accurate copy of the WITHDRAWAL OF OBJECTION was duly served upon all parties or counsel of record, by depositing the same, postage prepaid, in the United States Mail. US Dept. of Agriculture Forest Service P.O. Box 7669 Missoula, MT 590807 Department of Natural Resources and Conservation 32 South Ewing Helena, Montana 59620 IN THE WATER COURTS OF THE STATE OF MONTANA YELLOWSTONE DIVISION BOULDER RIVER BASIN, TRIBUTARY OF YELLOWSTONE RIVER *************** IN THE MATTER OF THE ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE) WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE BOULDER RIVER BASIN, TRIBUTARY) OF YELLOWSTONE RIVER, DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF THE BOULDER ) RIVER, TRIBUTARY OF YELLOWSTONE RIVER, ) IN SWEET GRASS AND PARR COUNTIES, MONTANA) STIPULATION WATER RIGHT CLAIM NO. 43BJ-W-060061 ******************** COMES NOW the Department of Natural Resources and Conservation (DNRC), by and through one of its attorneys, and U.S. Dept. of Agriculture, Forest Service, to stipulate as follows in regard to Water Right Claim No. 43BJ-W-060061: 1) That the Temporary Preliminary Decree for the Boulder River Basin should be changed at page 376 to .read as follows: SOURCE: Boulder River, East Fork 2) That upon the signing of this stipulation by both parties, the DNRC will file a "Withdrawal of Objection" with the Montana Water Courts, thereby concluding this litigation. DATED this -0; day of 1985. aeger-e By Candace F. West Legal Counsel Department of Natural Resources and Conservation 32 South Ewing Helena, Montana 59620 By U.S. Dept. of Agriculture, Forest Service or Legal Representative KENNETH P. PITT Special Assistant United States Attorney District of Montana P.O. Box 7669 Missoula, MT 59807 (406) 329-3066 P!'434 General Information About Big Horn County Early History The first record of white entry into whit is now known as Big Horn County was made in 1743 when Chevalier de la Verendrye, seeking a route to the Pacific, passed through this section of then Indian territory. The next white men to enter this territory came in 1804 in search of furs and gold. Except for these early venturesome visitors, the area was seen by very few white men until the opening of the Bozeman Trail in 1864, which was a short cut for miners and settlers on their way west between the North Platte River and Three Forks on the Missouri River. The Bozeman Trail crossed the Big Horn River at Fort C. F. Smith, which was located near the mouth of the Big Horn Canyon. From this point the trail went on through Indian territory to the Yellowstone River. ¢ The Siouxs. Crows and Shoshones were resentful of the ever-lengthening white-topped wagon trains rolling west, and bitter about the killing and scattering of the buffalo herds. A peace treaty was signed in 1851 on Horse Creek, but the history of the West was destined to be written in blood. The Siouxs were content with occasional isolated forays until 1863, when they went with demonaic fury back on the war path. This continued until the Government, forced to call a halt to the whole business, drew . up the. Fort Laramie treaty of 1868, relinquishing all claims to the lands east of the Big Horns and north of the North Platte. The Siouxs soon moved north and the stage was set for the crushing climax. The fight between the Sioux tribes and Custer's troops on June 25 and 26, 1876, was the climax of a series of battles fought earlier that year. The expedition under Generals Terry, Crook and Gibbon, to force the Siouxs back on the reservation, moved in on the Indians from three directions. The Siouxs. joined by the Northern Cheyennes, resented this. General Terry's campaign was spearheaded by Custer as head of the Seventh Cavalry. On June 27, his frightful fate was discovered. This was the end of the Sioux Indian warfare. The Government then took effective action against the Indians and Fort Custer was established at the junction of the Big Horn and Little Horn Rivers in 1877. Treaty with the Crows, 1868 Articles of a treaty made and concluded at Fort Laramie. Dakota Territory, on the seventh day of May, in the year of our Lord one thousand eight hundred and sixty-eight, by and between the undersigned commissioners on the part of the United States, and the undersigned chiefs and head-men of and representing the Crow Indians. they being duly authorized to act in the premises. Article 1. From this day forward peace between the parties to this treaty shall forever continue. The Government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they hereby pledge their honor to maintain it. If bad men among the whites or among other people, subject to the authority of the United States, shzll commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent and forwarded to the Commissioner of Indian Affairs at Washington City, proceed at once to cause the offender to be arrested and pun- 8 ished according to the laws of the United States, and also reimburse the injured person for the loss sustained. If bad men among the Indians shall commit a wrong or depredation upon the person or property of anyone, white, black, or Indian, subject to the authority of the United States and at peace therewith, the Indians herein named solemnly agree that they will, on proof made to their agent and notice by him, deliver up the wrong-doer to the United States, to be tried and punished according to its laws: and in case they refuse willfully so to do the person injured shall be reimbursed for his loss from the annuities or other moneys due or to become due to them under this or other treaties made with the United States. And the President, on advising with the Commissioner of Indian Affairs, shall prescribe such rules and regulations for ascertaining damages under the provisions of this article as in his judgment may be proper. But no such damages shall be adjusted and paid until thoroughly examined and passed upon by the Commissioner of Indian Affairs, and no one sustaining loss while violating, or because of his violating, the provisions of this treaty or the laws of the United States shall be reimbursed therefore. Article 2. The United States agrees that the following district of county, to-wit: commencing where the 107th degree of longitude west of Greenwich crosses the south boundary of Montana Territory: thence north along the said 107th meridian to the mid-channel of the Yellowstone River: thence up said mid-channel of the Yellowstone to the point where it crosses the said southern boundary of Montana. being the 45th degree of north latitude: and thence east along said parallel of latitude to. the place of beginning, 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 for the use of said Indians, and henceforth they will, and do hereby, relinquish all title, claims, or rights in and to any portion of the territory of the United States, except such as is embraced within the limits aforesaid. Article 3. The United States agrees, at its own proper expense, to construct on the south side of the Yellowstone, near Otter Creek. a warehouse or store-room for the use of the agent in storing goods belonging to the Indians, to cost not exceeding twenty-five hundred dollars: an agency-building for the residence of the agent, to cost not exceeding three thousand dollars: a residence for the physician, to cost not more than three thousand dollars: and five other buildings, for a carpenter. farmer, blacksmith, miller, and engineer, each to cost not exceeding two thousand dollars: also a school-house or mission building, so soon as a sufficient number of children can be induced by the agent to attend school, which shall not cost exceeding twentyfive hundred dollars. The United States agrees further to cause to be erected on said reservation, near the other buildings herein authorized, a good steam circular sawmill, with a grist-mill and shingle ma. chine attached, the same to cost not exceeding eight thousand dollars. 9 Article 4. The Indians herein named agree, when the agency-house and other buildings shall be constructed on the reservation named, they will make said reservation their permanent borne, and they will make no permanent settlement elsewhere, but they shall have the right to bunt on the unoccupied lands of the United States so long as game may be found thereon, and as long as peace subsists among the whites and Indians on the borders of the hunting districts. Article 5. The United States agrees that the agent for said Indians shall in the future make his home at the agency-building; that he shall reside among them, and keep an office open at all times for the purpose of prompt and diligent inquiry into such matters of complaint, by and against the Indians, as may be presented for investigation under the provisions of their treaty stipulations, as also for the faithful discharge of other duties enjoined on him by law. In all cases of depredation on person or property, he shall cause the evidence to be taken in writing and forwarded, together with his finding, to the Commissioner of Indian Affairs, whose decision shall be binding on the parties to this treaty. Article 6. If any individual belonging to said tribes of Indians, or legally incorporated with them, being the head of a family, shall desire to commence farming, he shall have the privilege to select, in the presence and with the assistance of the agent then in charge, a tract of land within said reservation, not exceeding three hundred and twenty acres in extent, which tract, when so selected, certified, and recorded in the "land book," as herein directed, shall cease to be held in common, but the same may be occupied and held in the exclusive possession of the person selecting it, and of his family, so long as he or they may continue to cultivate it. Any person over eighteen years of age, not being the head of a family, may in like manner select and cause to be certified to him or her, for purposes of cultivation, a quantity of land not exceeding eighty acres in extent, and thereupon be entitled to the exclusive possession of the same as above directed. For each tract of land so selected a certificate, containing a description thereof and the name of the person selecting it, with a certificate endorsed thereon that the same has been recorded, shall be delivered to the party entitled to it by the agent, after the same shall have been recorded by him in a book to be kept in his office, subject to inspection, which said book shall be known as the "Crow land book." The President may at any time order a survey of the reservation, and, when so surveyed. Congress shall provide for protecting the rights of settlers in their improvements, and may fix the character of the title held by each. The United States may pass such laws on the subject of alienation and descent of property as between Indians, and on all subjects connected with the government of the Indians on said reservations and the internal police thereof, as may be thought proper. Article 7. In order to insure the civilization of the tribe entering into this treaty, the necessity of education is admitted, especially by such of them as are, or may be, settled on said agricultural reservation: and they therefore pledge themselves to compel their children, male and female, between the ages of six and sixteen years, to attend school; and it is hereby made the duty of the agent for said Indians to see that this stipulation is strictly complied with; and the United States agrees that for every thirty children, between said ages, who can 10 be induced or compelled to attend school, a house shall be provided, and a teacher, competent to teach the elementary branches of an English education, shall be furnished, who will reside among said Indians, and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for twenty years. Article 8. When the head of a family or lodge shall have selected lands and received his certificate as above directed, and the agent shall be satisfied that he intends in good faith to commence cultivating the soil for a living, he shall be entitled to receive seed and agricultural implements for the first year in value one hundred dollars, and for each succeeding year he shall continue to farm, for a period of three years more, he shall be entitled to receive seed and implements as aforesaid in value twenty-five dollars per annum. And it is further stipulated that such persons as commence farming shall receive instructions from the farmer herein provided for, and whenever more than one hundred persons shall enter upon the cultivation of the soil, a second blacksmith shall be provided with such iron, steel, and other material as may be required. Article 9. In lieu of all sums of money or other annuities provided to be paid to the Indians herein named, under any and all treaties heretofore made with them, the United States agrees to deliver at the agency house, on the reservation herein provided for, on the first day of September of each year for thirty years, the following articles, to-wit: For each male person, over fourteen years of age, a suit of good substantial woolen clothing, consisting of coat, hat, pantaloons. flannel shirt, and a pair of woolen socks. For each female, over twelve years of age, a flannel skirt, or the goods necessary to make it, a pair of woolen hose, twelve yards of calico, and twelve yards of cotton domestics. For the boys and girls under the ages named, such flannel and cotton goods as may be needed to make a suit as aforesaid, together with a pair of woolen hose for each. And in order that the Commissioner of Indian Affairs mai be able to estimate properly for the articles herein named, it shall be the duty of the agent, each year, to forward to him a full and exact census of the Indians, on which the estimate from year to year can be based. And, in addition to the clothing herein named, the sum of ten dollars shall be annually appropriated for each Indian roaming, and twenty dollars for each Indian engaged in agriculture. for a period of ten years, to be used by the Secretary of the Interior in the purchase of such articles as, from time to time, the condition and necessities of the Indians may indicate to be proper. And if, at any time within the ten years. it shall appear that the amount of money needed for clothing under this article, can be appropriated to better uses for the tribe herein named, Congress may, by law ., change the appropriation to other purposes: but in no event shall the amount of this appropriation be withdrawn or discontinued for the period named. And the President shill annually detail an officer of the Army to be present and attest the delivery of all the goods herein named .to the Indians, and he shall inspect and report on the quantity and quality of the goods and the manner of their delivery: and it is expressly stipulated that each Indian over the age of four years. who shall have removed to and settled permanently upon said reservation, and complied with the stipulations of this treaty shall be entitled to receive from the United States, for the period of four years after he shall have settled upon said reservation, one pound of meat and one pound of flour per day, provided 11 the Indians cannot furnish their ownsubsistence at an earlier date. And it is further stipulated that the United States will furnish and deliver to each lodge of Indians, or family of persons legally incorporated with them, who shall remove to the reservation herein described, and commence farming, one good American cow and one good well-broken pair of American oxen, within sixty days after such lodge or family shall have so settled upon said reservation. Article 10. The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter. miller, engineer, farmer, and blacksmiths as herein contemplated. and that such appropriations shall be made from time to time, on the estimates of the Secretary of the Interior as will be sufficient to employ such persons. Article 11. No treaty for the cession of any portion of the reservation herein described, which may be held in common, shall be of any force or validity as against the said Indians unless executed and signed by, at least a majority of all the adult male Indians occupying or interested in the same, and no cession by the tribe shall be understood or construed in such a manner as to deprive, without his consent, any individual member of the tribe of his right to any tract of land selected by him as provided in Article 6 of this treaty. Article 12. It is agreed that the sum of five hundred dollars annually, for three years from the date when they commence to cultivate a farm, shall be expended in presents to the ten persons of said tribe, who, in the judgment of the agent, may grow the most valuable crops for the respective year. Signed by: W. T. Sherman, Lieutenant-General Wm, S. Harney, Brevet Major-General and Peace Commissioner Alfred H. Terry, Brevet Major-General. C. C. Augur, Brevet Major-General ¢ John B. Sanborn S. F. Tappan. Ashton S. H. White, Secretary Che-ra-pee-ish-ka-te, Pretty Bull Chat-sta-he. Wolf Bow _ Ah-be-che-se, Mountain Tail Kam-ne-but-sa. Black Foot De-sal-ze-chci-se, White Horse Chin-ka-she-arache; Pair Elk E-sa-woor. Shot in the Jaw E-sha-chose, White Forehead . Rooka, Pounded Meat De-ma-ke-up-se, Bird in the Neck. Me-na-che, The Swan Attest: George B. Willis. ¢ Phonographer John D. Howland Alex Gardner David Knox Chas. Freeman Jas. C. O'Connor Early Agriculture From 1880-1890. soon after the danger of Indian raids had passed. came the first permanent white settlers who were cattlemen. They established ranch headquarters adjacent to the Wolf and Big Horn Mountains. These early ranches were operated by companies with herds including as many as 30.000 head. In 1901 sheep raising had its beginning when large 12 _ : The title to beacquired by the Indians shall not be subject toalienaleese, or incumbrance, either by voluntary conveyance of the grentee or hie heirs, or by the judgment, order, or decree of any court, or subject to taxation of any character, but darn beand remain Inalienable, and not subject to taxation for the period of twenty-fire year, and until such time thereafter as the President may see fit to remove the restriction, which shall be incorporated in the patentee Second. That in consideration of the cession of territory to ballade by the mid Crow tribe, the Ikea. State, in addition to the annuities and sums for provisions arid clothing stipulated and provided for in existing treaties and taws, agrees to upproirriate annually for twentyfive rears, the sum of thirty thousand dollars, to be expended under the airection of the President for the benefit of the said Indians, in Assisting them to erect houses, to procure seeds, farming impltenenta, stock, or in cash, as the President may direct. Third. That if at any time hereafter the Crow Indians shall consent to iewmit cattle to be driven ',cross their reservation or grazed on the sante, the Secretary of the Interior Audi fix the amourit to be paid by patties desiring to eo drive or graze cattle; all moneys arising from this source to be paid to the Indians under such ruled and regulations as the Secretary of the Interior may prescribe. Fourth. All the existing provisions of the treaty of May seventh, continue in force. Done at Washington, this fourteenth day of May, anno Domini, eighteen hundred and eighty. Plenty Coos, his x mark. Old Crow, his x mark - Two Belly, his x mark Long Elk, hi x mark Pretty Eagle, his x mark Medicine Crow, his x mark. Witnesses: A. M. Quivly, Interpreter. ¢ E. .1. Brooks J. F. Stock A. It. Keller, United States Indian Agent. Nore. Thla agreement wad not ratified, but aubatituted by that of June 12, 1880, which wee ratified April 11, 1882 (22 8ial, (2.) - AGREE/MIT WITH THE CROWS 1881 t undenrigiled individual Indiaus and heads of families of the Crow tribe of Indians now residing upon the Crow Iteservetion threTerriidry of lforiuma, do this twelfth day of .Ittne, auno Domini eighteen hundred turd eighty, liereby agree to dispose of and sell to the Government of the United Statee, for Certain elitimideraiiiiis I() lie here-. ',rafter mentioned, all that part of the present Crow Reservation in the Territory of MOrifitInt described as follows, tri wh Binuuing iii the midltdiennel of the Yellowetune River et. Ii. poirrt opposite the mouth of Boulder Creek; thence up the mid-channel of Aida river to the point whore it crossed the southern boundary of Aloritarra Territurv, being the forty-fifth degree of north latitude; tlieurre east along said.panallel of latitude to a point where said parelle.I eroe-,es Clarke's Fork; thence north to a point six tidied south of the first staudard being-011 tin.% township-line between townships six and seven south; theuee west on said township-Ink to the one hondred end tenth itieridiau of longitilde; thence north along said meridian to a puha. either west or east of the soufee of the eastern branch of Boulder Creek; thence down said eastern branch to Boulder Creek; thence down Mulder Creek to :the place of beginning: for the following rsoisideratiorra: 106-- . "First. That the Goverriment of the United Stelae cause the Agrieultnral /ands remaining in our reservation to 'he properly tai ad divided among UR in eeveralty, in the proportion* hereinafter mentioned, and to mine patente to ire re.speetively therefor, so soon as the .neeenaary laws are passed by Congress; Allotments in aevemity '' ¢ of said surveyed lands shall be made RS folhiwa. " Tri each head of it family not morn than one quarter-section. with an additional quantity of grazing land not exceeding one quartervectien. "To each single person over eighteen years of age not more than one-eighth of a acetion, with an additional quantity of grazing laud not exceeding one-eighth of a section. . "To end' orphan child under eighteen years of age not more than ono-eighth of R section, with an additional quantity of grazing land not. exeeeding one-eight It of a seetion: and To 4 . ;teh other person under eighteen years, or who may be horn prior to Raid allotments, gine-eighth of a section. with a like quantity of grazing land. " All allotments to he otorre with the advice of our agent. or such other person ns the Secretary of the Interior may designate for that purpose upon our selection, fends of families nelecting for their minor - children, and the agent making the allotment for each orphan child.. The title to lie neirom1 by us, rind hr all mu/here of the Crow tribe of Indians. :hail not ho subject to alienation, !easel or incumbrance' either by voluntary conveyance of the grantee or his heirs or by the judgment, order, or decree of any court, nor subject to taxation of any character, but shall be and remain inalienable and, not subject to taxation for the period of twenty-five 3-ears, and until such time there- ¢ after ea the President may see fit to remove the restriction, which shall he incorporated in each patent. "Second. That. in consideration of the scallion' of territory to be made by us as individual Indians and heads of families of the Crovr tribe, to the Government of the United States, said Government United States, in addition to the annuities and sums for provisions: and clothing stipulated and provided for in existing trestles and lawi,=t-"-.. hereby agrees to appropriate Diurnally, for twenty-five years, the mu:: ¢ ¢- of thirty thotisand dollars, to he -expended, under the direction of the : President, for our benefit, in assisting Us to erect hia.taes, to procure seedS, - farming implements, and stock or in cash as the President may - direct; ¢ "Third. That if at any time bereaftir we, as a tribe; shall consent ¢ to permit cii ttle to he driven across our reservation or grazed thereon;. " the Secretary of the Interior shall fix the amount to be paid b:parfiea so desiring to drive or graze cattle; all moneys arising from this source!' to he paid to us under etivii rules and regulations as the Secretary of the Interior may prescribe. "Fourth. That ell the existing provisions of May seventh, eighteeri hundred and sixty-eight, shall eontinue in force. ¢ A ' Vette at- Crow Agency, Montana Territory, this twelfth day Of ' June. amino Domini eighteen hundred and eighty." ¢ ¢' ?t 71 ¢ ¢ ¢ ¢ ¢ n r ¢ " . . ¢ AGREE/M1T WITR TES CROWS 1881 .: ¢ . ."Wliereas bi ieeflen-one of an act of Congress apprOved July ereond,-Aghteeti hundred and sixty-four, entitled 'An act granting lands to aia in the construction of a railroad and telegraph line from bike Superior to Puget Sound, on the Pacific coast. be the northern route. (thirteenth Statutes at Large, page three bundrea and sixty-tive), the Northern Pacific Railroad Company was authorized and empowered fo lay out, locate. construct, furnish, maintain, and enjoy a confiner:net railroad and telegraph line, with the nppurtennnece, inunely: Beginning at a point on Lake Superior in the State of Ikliiinesota or Wife.. amain, them* westerly by the most eligible railroad route, as shall he determined h7 said compan y, within the territory of the Uiiited Slates, on line north of the forty-fifth degree of holistic, to Porno point on Puget Sound; and a _ ,_- ¢ '"Whe.re.Eis by section twci- of said act Congress granted to said cornpiny the right of way for the construction of said railroad and telegraph line to the extent of two hundred feet in width on each side of said railroad where It may pass through the public domain, including all necessary ground for station-buildings, workshops, depots, machineshopt, switches, side-tracks, turn-tables, and water-stations; and ¢." Whereas by said section two Congress provided that the United States should extinguishas. rupidy as may be consistent with public ns polier and the welfare of Iafhius the Indian titles to all lands falling under the operation of title; net and acquire(' ill the donation to the road named in the act; and ¢ ¢ Whereas Ily treaty between the United States and the Crow Indians concluded at Fort Laramie, May seventh, eighteen . hundred and sixtyeight, and duly ratified and proclaimed (fifteenth Statutes at. Lirge, page SiX 'Mildred Ulld fOrtS-111fie). a district of country in theTerritory of Alontana was set apart WI a reservation fur the .absolute and undisturbed use mid occupation of said Indians; and ¢ " Whereas there is no provision or stipulation in said treaty authorizing said company or recogeizing its to construct its road through said reservation; and ¢ ¢ IV heroes the fsaid company did, on the twenty-fifth day of June, eighteen hundred and eighty-one, tile in the Department of the Interior a map showing the definite location of its line of railroad from the one hundred and seventh degree of longitude west from Greenwich westwardly through said reservation and adjacent territory to the western boundary of the said reserve, as provided by said act of eighteen hundred and sixty-four the company having first obtained the permission of the Secretary 'of the Interior to survey its line in said reservation; and " Whereas the said company desires to construct its line of railroad upon such designated route, and claims the right by virtue of said act so to do: "Now, therefore, in order to fulfill the obligations of the Govern. . merit in the premises, this agreement, made this twenty-ieoond day qf A gust anno Domini egh teen hundred and eighty-one,u between (1).11 Crow tribe of Indians resident on the Crow Reservation, in t,he Tern. right ¢ tory of Montana, represented by their chiefs, headinen,ancl hep,40 _ a majority_ of families, and being majority of al/ .the :adult Tall.: Indians. occupying or Indere:445d in the lands hereinafter dyagibrdillhp aa.i4 Indians acting under the supervision and with the appivyal af .tbe Secretary of the Interior of the United States, of the one part,:efici the United States of America, represented by Llewellyn ...IL:II:steer William 1=1. Walker, and Charles A. Maxwell., special agents . &Of . appointed in this behalf by the Secretary of the Interior, of the other' part, witnesaeth.- That for the consideration hereinafter m.entione4 the Crow tribe of Indians do hereby surrender and relinquish to the ¢ United States all their right, title and intermit in and to all that pare of the Crow Re'seryation situate in the Territory of Montana and described as follows, namely: - ¢ "A strip of land not exceeding four hmidred feet in width, that.ht to say, two hundred feet on each side of the line laid down on the map of definite !oration hereinbefore mentioned, wherever said line runs through said ¢ reservation between the one hundred and seventh degree of longitude west of Greenwich on the east and the mid-channel of the Big Boulder River on the west, containing five thousand three hundred and eighty-four acres, more or less. An official . copy of said map of definite location was, on this twenty-second clay of August, anno Domini eighteen hundred and eighty-one, produced before said special agents and the Indians in council, was fully explained to said Indians, and is hereunto attached, marked A, and made a part of this ag-reeinent Also the several parcels of land situate along and adjoining the said strip of laud hereinbefore mentioned between the one hundred and seventh degree of longitude west of Greenwich on the east and the mid-channel of the Big Boulder River on the west, as defined and described on a map produced before said ageuts and the Indians in council on the day and date above mentioned, and fully explained to and understood by said /adieus; said tracts being designated on the aforesaid map by the 108 let tc rs A,B,C, D, E. F.0. 11.I,J.and Kaind rant:lining, respectively the following area, that k t.0 ay: Tract A. twenty-six mid twenty-three hundredths acres; tract H. twenty-eight and tifty-butr hundredths aerem; tract. C, t we n tY eilx and twcay-three hundredths: acres; tract. E. twenty-six and twenty-three hundredths acres; tract F, twente-six and twenty-three hundredths ncres: tract 0, twelity-si-x and t mintythree hundredths acres; tract ii. tweitty-iix and twenty-time hundredths acres; tract I. twenty-six and twenty-three hundredths acres: tract J. twent y -eight and thirty-two hundredths arms: tract K, twenty-six and twenty-three hundredths acres., ameregaijog two hundred and sixty-six acres more or less, :g ad map being het-melte attached, marked B. and made a part of this agreement; which last mentioned tracts are intended for the use of tho Northern Pacific Railroad Company for .8 Eilti0111-li e swi so forth. It is further stipulated and agreed that the United Sintem will net permit the said railroad conipaily. its employees or agents. to tresintss Upon any part, cif the lands a the Crow Indian Reservation not ¢p lir avid s ¢ hereby relinquished, nor permit said company. nISPS, dep014,, 111 t If i II:4 1 11111 at liVeL z to cut any timber, wood, or hay from the blittld 4:11161red i the -. ¢ ¢ reservation. "And it is further stipulated and agreed that the Secretary or the Interior, upon such terms as he may to impose; min- permit to be consertieted, maintained, and used within said Crow indian Reservation wagon roads not exceeding three-in number, in additimi to any established wagon roads which may now be in use therein; the maid three roads to connect with the line of said railroad at smelt points as the Secretary of the Interior may designate; nil of which wagon roads shall be under the control of thkloverninent of the United States. i "in cousideration for the lands hereb y relinquished, amounting in the aggregate to five thoueand six hmared and fifty acres. more or -lees, and for the privileges herein granted, the United Stales stipulates and agrees to pay to the Crow tribe of Indians the suin of twentv-five thousand dollars, to be deposited in the Treasury of the United States tattle credit of the said tribe of Indians upon the ratification of this agreement by Congress, and the necessary appropriation made therefor, the sum aforesaid to be expended for the benefit of said Indians in such manner as the Secretary of the i nterior may direct; the same. to he in addition to any and air moneys to which the Raid Indians are entitled under the provisions of the treaty of May seventh, eighteen hundred and sixty-eight., hereinhefore mentioned-' "All provisions of existing treaties with the Crow Indiana not affected by this agreement are to renmin in full force and effect, and this agreement is to be subject to ratification by Congress. "Executed at Crow Agency, in the Territore .of NIontana. this twenty-second der of August, /unto Domini eighteen hundred and eighty-one, as witness the following eignottures.": . ¢ site lit ' .: AGREEMENT WITH THE ARICKAREI, GROS VENTRE AND HANDAN I686 -The following agreement, entered into on behalf of the CMOs:1St-atm by John V. Wright. Jared W. Daniels, mid (larks K Larmhee. Commissioners. on December fourteenth. eighteeu hundred and eighty-six, with the Indians ef the Fort Berthold.t .genev. North 'Dakota., and now on tile in the Interior Depm signed hi- said artent. Commissioners on the part of the United States and by l'aeles-a-hish ?and others on the part of the Gros Ventres; and hu Wo-kn-se and -others for the Mandims and Kmenukh-lo-wite mid others on the part of the Arickarecs. and is in the billowing woills, to wit: 109 gt, wee signed by thew.and.L farther ei!rtify that 1 was persoilally pir;31"eskt when' each and everyperson's name was signed thereto and ' witneerd the gam and that. those whose signatures appear to saidcontract appended the same thereto understandingly, and where signed by or -otherwise I. attest saute. .0 en under my hand at. the Iowa Village this May twenty-eighth, sSightten hundred and nirfety. KIRWAN MURRAY. AGR.F.EttfaiT WITH THE CROWS 1890 z We, the undersigned, adult male Indian:4 of the Crow tribe nue. residing on the Crow Indian Reservation, in the Suite of Montassa, dis, this eighth day of December A. D. eighteen hundred nisi miiiietv. herelipagree to dispose of and. sell to the tieverilinent of UR United States, for certain emeaders.tions hereinafter imieutioned, all that portion of the Crow Indian iteservation, in the State of Montana, lying west. and email of the following lines, to wit: - Beginning in the mid-ehanuel of the Yellowstone River, at II point which is the northwest corner of section Number thirty-six, township Number two north, of rouge twenty-seven east, of the principal meridian of Montana, thence running in a southwesterly direction, following the top of the natuml divide between the waters fl ip/lug into the Yellowstone and Clarke's Fork Itivers upou the west and those flowing intoyryor Creek sad West Pryor Creek on the test, to the hese oflgirett Pryor Mountain. Thence due south and up the north slope ;orsaid Pryor Mountain on a true meridian Lee to a point fifteen 'lilies due north from the established line between Nlinitana and NVyismitig; kheneen a due easterly course on a panillel of latitude to a point .where it intersects the mid-channel of the Big horn River. thence fol3riwing up the mid-channtd of said river to a point where it emsses the 'Montana and Wyoming state line. '.-;That in consideration of the cession of territor y herein made by Ud'. iLalriOridtuil Indiana and heads of families of the Crow tribe to the" 704*M:tient of the United States, the said Government of the United. .Stifis, in addition to the annuities aild sums for provisions and cloth-. . . ingetapulatetland provided for in existing treaties and laws, hereby. reen to pay the own Of nine hundred an forty - six thousand dollar Istirul money of the United States, in the manner hereinafter described:. ¢ -Finite That Of the above-named aunt there is hereby appropriatek eAd set aria two hundred thousand dollars to be expended under dm ilirection of. the' Secretary of the Interior in the building of dams, eag rals, ditches, andiaterals for the put- l ames of irrigation in the valleys Of ¢ the Big Horn and the. Little Big Horn Rivers and 011 Pryor Creek. sold. such other streams as the Seeretury of the listener may deem proper: Provida, 'That not to exeeed fifty thousand dollars shall be expehded ¢ annually in performing this work: Anil provided furtlim., That the iatPerintetident in charge of said works slo t II, in the employ.. meut of laborers, be required to give preference to :melt Indians of the Crow tribe as are competent. amid willing to work at. the avers,,, e-e. wages paid to coalmen laborers for the Sallie kind of work. mid the labor so employed shall be paid in cash. Mac the sum of seventy-tive thousand dollars is hereby appropriated and bet apdat ILS an irrigating fund, to be expended under the direction of the Secretary of the 'ulterior for the maintenance and management lef. thlreystetn of irrigation provided for in this agreement. . : TkArd. That the sum of tweuty-five thousand. dollars, or so much :thereof as may be necessary, is hereby appropriated and set apart, to Ise aipencled under the direction of the hutretury of the Interior, for the-comistruetion of three grist mills, to be located, one Olt Pryor Creek, orFts vs. the Big:Horn, and one on the Little Big Horn River la suell pointa aa the Indiaitageot turty deem convenient and practical& and at mUcir 61114 118 the needs of the Indians may require. 120 Pourer. That the sum of twenty thousend dollars hereby appropriated and 'set apart to be expend e d in the a/nett-train's and rierintetrance ilrti p ritandien depot, to Ire located on Pryor Creek, provided that the Secretary of the Interior shell deem it. adviaabie to este/dish eueli depot on the reservation; otherwise the amount herein appropriated shell. at the expiration of (ie .() yeirra from the date of this agreement, be placed in the fund provided for by section nine (! 1) of (hie agreement. Fifth. That the sum of five thousand dollars. or so much thereof as may he norowiry, is herehy appropriated to be expended under the direction of the Sreret rv of the. interior in the building of school. houses at porch points en the reservation and at, such times as the erre rear require. arid upon the ECM nimmigtion of the Indian agent. Sixth. That the ti11111 of ten thousand dollars is hereby appropriated and set aside. PIS a Iiiiicl Co be expended under the direction of the Secretary of the Irderior in repairing and improving the houses of the indians now erected cm the reservatien, and to niake them .as far RA pol.:41/le warm and comfortable dwellinga. Fa-Tenth. That the sum of three thousand do/lara, or RO much thereof. as may lie neeeseary. is hereb y appropriuted for tha countrriction and eipripment of three lilackemith strive, to be located at such pIacia upon the reservation, and to he built at roreh tine* as the Indian agent roay recommend, eniojeet to the g rime-al of the Secretary of the. Interior. Eighth. That the sum of five hundred and fifty-two thousand dollars is hereby appropriated and get aside as all annuity fund j to' be distributed as follows: Each ndian of the Crow tribe. male and female. shall receive an annual nnnuity of twelve &Vern in rash for the period of twenty years from the +Jute of this agreement. Said annuity to he paid semi-annually in accord:Luca with such ruIe -s and regulations al, the Secretar y of the Interior may prescribe. ¢ ' Ninth. That the sum of -forty-six thou:mind doilara iti hereht appro:printed and set aside, to he expended hr the Indian agent, under the direction of the Seen-eer y of the Interior, in the purchase of cattle from time Co time as may he deenuel advisable.; the rattle so pnrchased. to form a herd to he held in emarmon by the Crow tribe. AU -cattle sold Cron' mid herd shall he paid for in cash, and the net proceeds of such sni t; t lutil constitute a fi nal to he known SA the Crow herd fund. When said final shall exceed the sum of fifteen thousand dollars, it: shrill he the dirty of the Indian agent, and he is hereby required to apportion in each Indian entitled to the annual annuity provided for in section eighth the stun of five dollars, to be paid in malt under such rules and 1-mutations RS the Secretar y of the Interior may prescribe. Tenth. That when each object for u:hich a specific avpropriation has been ireide in this nareement Aral! have been fully otrried out and completed. then the liarrince remaining of suith appropriation AA constitute it fond te he expended for the benefit of the Crow tribe in such manlier as the Se.erelary of the Interior may determine. Eleventh. That ail hinds upon that portion of the remereation to he herein ceded which, prior to Um date of this agreement, hare been allotted in se.vendtv to Tndians of the Crow tribe shall be retained And enioyed I iy them: .rmitiorotl. hen/wee ¢, That such Indians shall have the right_ at. Any time. within three years to surrender his or her allotment., and select a new allotment, within the retained reservation upon the same terms end conditions as were prescribed in selecting the firet ¢llotment. It ix farther pro pidel. That every Indian who shall surrender an, allotment within the time specified, thnt has improvements upon it,, shall have. like impniverrieeta nuide for him upon the new allotment, and for this purpose the sum of five thoimand dollars, or so much of it as roar Is . rieeeesary. is herein- appropriated and art. apart. TWA . ft. i further 3 rovia..d, in neverchince with revons of Article VI of the (read y of Mny seventh, Amur Domini eighteen hundred it I Id siNty-vigiti. Iii is ens-Lion Of lands Omit not. lie. 4 ¢1 m pet rued In deprive will u Ilia or her consent, nay individual Iedisin of the Crow tribe id' his or her right to tiny that of hold selected by him or 121 her in conformity with said treaty, or as provided by the egmement approved by Congress April eleven, Anno Domini eighteen hundred and eighty-two; and it is further provided that in ratifying this Agreement theCongreas of the United Stntes mind1 disuse all such !slide to be survey ed and card [lodes duly issned for these/tie to said Indians, as provided in the treaty of May seventh, eighteen hundred and sixtyeight, before said ceded portion of the reservation shall be opened for nettlement. ' Thirteenth. It is a condition of this agreement that. it. shall not he binding upon either party until ratified by the eongmss of the United litutes, and when so nttifteti that Kehl ves:4on of lands au ue.tptired by the United States xhall nut ht5openeAl for settlement until Lho boundary lines Het forth and dew :riles! in this agristinent have been surveyed and 'definitely marked by euitalde permanent mouttments, erected every half mde, wherever pntetimble, along the entire length of said boundary line. ¢ Fourteenth. That the Hum a fire thousand donara. nittelt thereof AR may be necessary, is hureby ui tproprinted wet net apart to pay the expenses of twelve Crow chiefs and one iiiterpreter to visit the President of the United Suites tit Weslii viol., to consult with hint for the benefit of the Crow tribe, at such tote as tile ['resident determine, within one year front the date of this agreement- Fifteenth.' That all existing provisions of the t watv of May seventh -Anne Domini eighteen Intudred and sixty-eight. and the agreement approved by act of Congress timed April eleventh, eighteen hundred and eighty-two, shall continue itt form Done at Crow Agency, Montana, this eighth day of December, A. D. eighteen hundred and ninety. J. CLIFFORD RICHARDSON, C. M. Dote, It. .1. FLINT, Commissioners to the Crow Indians. Carl Lieder and others, for the said Indium. AGREEMENT WITH THE CROW INDIANS 1892 We, the undersigned, adult mal e Indians of the Crow tribe, now residing on the . Crow Ind ian Reservation in the State of Montana, do, on this 27th day of August, A.D. 1892, hereby consent and agree that the a greement entered into by and between J. Clifford Richardson, C.M. Dole, and R.J. Fling, commissioners on the part of the Un ited States, and said Indians, on the 8th day of December, A .D. 1890, which agreement was ratified and confirmed by the a ct of Congress approved March 3, 1891, shall be amended and modified as follows: FIRST It is hereby stipulated and agreed that the persons named in the accompanying schedule marked "A", hereto attached and made a part of this agreement, include all the members of said tribe who are entitled to the benefits of the eleventh section of said agreement of December 8, 1890, and that each of said persons is entitled to the land therein described as his selection, in full satisfaction of his claim under said section, and 122 that the persons named in the accompanying schedule, makred "B", hereto attached and made a part of this agreement, include all the members of said tribe who are entitled to the benefits of the twelfth section of said agreement of December 8, 1890 (and of the proviso of the thirtyfourth section of the act of Congress approved March 3, 1891, extending the privilege of making selections on the ceded /ands for a period of sixty days), and that each of said persons therein named is entitled to retain the tract of /and heretofore selected by him within the limits of the tract of land therein described as containing his selection of his claim under the said section (or the said proviso); Provided, however, that any of such Indians named as above in said schedules "A" or "B" shall have thr ight, at any time within three years from the 1st day of July, A.D. 1892, to surrender his or her allotment or selection, or the right to make such allotment or selection, and select a new allotment within the limits of the retained reservation upon the same terms and conditions as were prescribed in selecting the first allotment. It is further provided, That every Indian who shall surrender an allotment or selection within the time specified, having improvements upon it, shall have like improvements made for him upon the new allotment within said reservation. SECOND It is hereby stipulated and agreed that all the lands ceded by said agreement may be opened to settlement upon the approval of this agreement by proclamation of the President: Provided, That all lands within the ceded tract selected or set apart for the use of individual Indians, and described in the aforesaid schedules "A" and "B", shall be exempt from cession and shall remain a part of the Crow Indian Reservation, and shall continue under the exclusive control of the Interior Department until they shall have been surveyed and certificates or patents issued therefor, as provided in the agreement of December 8, 1890, or until relinquished or surrendered by the Indian or Indians claiming the same: Provided further, That such lands shall be described as set forth in said schedules "A" and "B", and shall be exempted from settlementin the proclamation of the President opening the ceded lands, and that where lands so set apart are not described by legal-subdivisions then the township or section, or tract of land within whose limits such Indiarrselections are located, shall not be opened to settlement until the Indian allotments therein contained shall have been surveyed and proper evidence of title issued therefor: Provided, however, That whenever all of the Indians entitled to selections within the limits of a particular township or section or tract of land, described in schedule "B", shall have relinquished the right to take selections therein, as above provided, then that particular township or section or tract of land shall be thrown open to settlement: Provided further, That whenever any of the Indians named in schedule "A" shall have relinquished the allotment therein described as belonging to him,the said allotment so relinquished shall be subject to settlement in the same manner as other lands upon the ceded part not exempted from this cession. THIRD It is hereby stipulated and agreed that the sum of $200,000 may be taken from the funds of $552,000 set aside as an annuity fund by the eighth section of the agreement of December 8, 1890, and added to the fund -12 3- of $200,000 set apart by the first section of said agreement, to be expended under the direction of the Secretary of the Interior in the building of dams, canals, ditches,and laterals for the purposes of irrigation in the valleys of Big Horn and Little Big Horn Rivers, and on Prior-Creek, and such other streams as the Secretary of the Interior may deem proper, and that not exceeding $100,000 may be expended annually for such purpose: Provided, That in case that less than $100,000 has been, or may be, expended for such purpose in any one year, the difference may, in the discretion of the Secretary of the Interior, be -expended in any year or years thereafter in addition to the said sum of $100,000: Provided further, That in the construction of such dams, canals, ditches, and laterals, no contract shall be awarded, or employment given, to other than Crow Indians, or whites intermarried with them, except that any Indian employed in such construction may hire white men to work for him if he so desires: Provided, That nothing herein contained shall be construed to prevent the employment of such civil engineers or other skilled employees as may be necessary. FOURTH It is hereby stipulated and agreed that the balance of the annuity fund provided for in section 8 of the agreement of December 8, 1890 remaining unexpended at the date of the approval of this agreement shall be placed in the Treasury of the United States to the credit of the Crow Indians, and bear interest at the rate of 5 per cent per annum, which interest together with a sufficient portion of the principal to give each Indian an annual annuity of $12, shall be paid to said Indians per capita in cash semiannually. FIFTH It is hereby stipulated and agreed that all persons of mixed blood named in the said schedules "A" and "B" shall, if they so desire, have the privilege of receiving, instead of the annuities to which they may be entitled as members of the Crow tribe, the cash value thereof directly from the Secretary of the Interior. SIXTH It is hereby stipulated and agreed that the Secretary of the Interior may, in his discretion, out of any moneys appropriated or set apart for the purpose of surveying allotments upon the Crow Indian Reservation, or the part thereof ceded by the treaty of December 8, 1890, pay to one Thomas H. Kent, of the State of Montana, the sum of money, not exceeding the sum of $2,007.20, actually expended by the said Kent in causing to be made the survey known as the gundock survey, made at the solicitation of the said Kent and others by one Samuel Bundock during the month of January, 1891, within the limits of townships 1 north and 1,2,3,4,5, and 6 south, or ranges 13 to 21 east, inclusive, in the State of Montana, a map or plat of which survey has been filed in the office of the Commissioner of Indian Affairs, and marked as follows: "11622. Indian Office. Inclos. No. 1892." -124- 1 SEVENTH It is hereby stipulated and agreed that in consideration of the relinquishment by the following-named Indians of their claim to selections on Stillwater and Fish Tail creeks, each of said Indians shall be paid the sum of $50 out of the fund provided for in the eleventh section of the agreement of December 8, 1890: The Woman, Bird Comes From Afar, The Sheep's Child, Pretty Woman, Mother's Baby, Black Bull, Falls Towards Her, Strikes Her Painted Face, and Charley Bravo. EIGHTH It is hereby stipulated and agreed that the Secretary of the Interior may, in his discretion, furnish to the Crow Indians the necessary wire and staples with which to fence the western boundary line of the Crow Indian Reservation, and deduct the cost of the same from any moneys received by said Indians from grazing leases on said reservation. NINTH The existing provisions of all former treaties and agreements, not inconsistent with this agreement are hereby continued in force. TEN1T1 This agreement shall take effect upon its approval by the Secretary of the Interior. AGREEMENT WITH THE PAWNEES - 1892 Articles of agreement made and entered into by and between David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, Commissioners on the part of the United States, and the Pawnee tribe of Indians in the Indian Territory. ARTICLE I The Pawnee tribe of Indians, in the Indian Territory, for the considerations hereinafter set forth, hereby cedes, conveys, releases, relinquishes, and surrenders to the United States all its title, claim, and interest of every kind and character, in and to the following-described reservation in the Indian Territory, to-wit: All of that tract of country between the Cimarron and Arkansas rivers, embraced within the limits of townships twenty-one (21), twentytwo (22), twenty-three (23), and twenty-four (24) north of range four (4) east; townships eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), twenty-three (23), and twenty-four (24) north of -125- TREATY OF FORT LARAMIE WITH SIOUX, ETC., 1851. .4We/et: qf a tecrIty moo/rood roue/ailed at Fort Laramie, in the Indian (it Territory, het wren 1). P. .1Theh ¢ll, superintendent qt. Indian afdre, and nomad Fitzicat rick, Indian agent, ennimissiones specially PA-sid, at if!, di p I t hyd appointed and a at/owl:ea' by the folloceing thedir.vt pan', aid eltkfk headmen, (1101 .1tollan nation.; residing smith qt. the _Ifiicsouri Rirer, rast of the Rocky Jinicutacns, Ina north of the lines 7;:ras and Sew+ Mexico, tier Sirm.r ItaAeotahs, Mg/entire, .-irrapalostv, Cecnoic IssieraAn; tal4, Grim- 1 -rated _Honda ns. nod Arri.:korrokpartim qf the eracmci part, on the serentcvuttA day (1f &idolater, -4. 1). one thousand eight Aundrcd and jifiy-rate.d ARTICLE 1. The aforesaid stations, parties to this treaty, having assembled for the purpoNe of establishing mai confirming peaceful relations amongst tlient: ,.:Ives, do hereby covenant Mid ilgrv.e to abstain in future front all hostilities whatever against each other, to maintain good faith and friend:4161, in all their unit-fiat intercourse, and to make we effective and lasting peace. Aurret.m 2 ¢ The aforesaid nations do hereby recognize the right of the United States Government to establish roads, military and other posts, within their respective territories. . iviatel.r: 3. In consideration of the rights and privileges acknowledged in the preceding article, the United States bind themselves to protect the aforesaid Indian nations against the commissjon of all depredations by the people of the said United States, after the ratification of this treaty. AttricLE 4. Thu aforesaid Indian nations do hereby agree and bind the:twelve:, to mike restitution or satisfaction for any wrongs committed. after the ratification of this treaty, by any baud or individual of their people, on the people of the United States, whilst lawfully residing in or pas.sing through their respective territories. irric,LE 5. The aforesaid Indian nationa do hereby recognize anti acknowledge the following tracts of country included within the metes and boundaries hereinafter designated, as their respective territories, viz: The territory of the Sioux or Dabcotah Nation, commencing the mouth of the White Earth River, on the Missouri River; thence in a 'southwesterly direction to the forks of the Platte River; thence up the north fork of the Platte River to a point known as the Red Bute, or where the road leaves the river; thence along the range of mountains known us the Black Hills. to die head-waters of Heart River thence down Heart River to its mouth; and thence down the Missouri River to the place of beFinnini.r. The tem-lulu of the t S COS Ventre, Mande us, amid A rrickaras Nations' commencing at the ittoOth of limn -River; thence up the Missouri River 10 die mouth cif the Yellowstone. River; thence up the. Yellowstone River to the mouth of 'Powder River lit a southeaAcrly direction, to the head-waters of the Utile River; thence along the Black )tills to the head of I Iettrt River, and thence down I kart River to the place of beginning. The territory of the Assinaboin Nation, commencing at the mouth of Yellowstone River; theme tip die Missouri River to the mouth of the Alitscle-shell River; thence from the mouth the Musele-shell the head-waters of River in a souilleastedv divi-etion until it strikes : Drn ¢ _!reei; (101111 11110 t11 1 ( 1 1: -1-47 -1-117( 1 1'1 ¢ t 4-11111111 1 :: 11110 (1141 YellOWSI011e River. ticarly opposite. die month of Powder ltiver. and theta-e down the Yellowstone River to the place of beginaing. The territory of the Blackfoot_Nation. coninieneiter tIll ¢ 111011111 411* us,-le-shell River; thence up the NI issottri Rivet to its source: I hence along the main range of the Rocky Nlotiiitains, 111 :1 7-01,1114 ¢ 11 .1 . (11114'11011, 141 die head-waters of the northern source of the Yellow,ione River; vdive Val thence down the Yellowstone 1:i 1. to the mond ' of Creek; thence ae t -oN s to the heatl-e . :Iterz: of the :LIM (111 . 11411 (14111,11 the N111.,4 1 11 ¢ --114 ¢ 11 Itit1.1 1 . 10 (Ile 14:14-4. 01 1w:411111111g. 50 The. terrillrry 4)1 the Crow Notion. ¢ioninesicin ... at Ow mouth of Ui cr io Powder River tot the Yellsotstoise: thenee up source; thence along the main range of the Mark Hilt, awl IVind !fiver Illountoins to the heod . waters the Yellowstone River: 1111.11(.1. down the yellowstone layer to the mouth iii ¢ I'wentv tire Yard (.1141i: Illenel ¢ to the head tt stli I rs of the lissele ¢sliell thence ii I he Xhisele-shell Rile y to its month; t hence to she head_water. of thg I try (reek. and thence to ils mouth. The tell:Rory of lb,. Cheyenne, an-,1 .1 rrapolloes, co lli men, ¢ing. al flu. Hell Bide, ill* Ille place where flit' rr.:1,1 km . : the rirrrlh frr ¢ k dm Platte River; thence up the north fort; of Platte Ricer Ito II: i SOIll'ee; thence :along Ilse main ram-, of t h,, head-watcrs of flit' Arkansas RS% er; hence dow is ( lie .11 . 1;:11,.:1. I i iF 1.0 the I .1 the Santo 1- , 1 road; thence ill a is(sltIote--I( . sl .tdi ,. ect.ion to the forks of the. Platte IZ1v4 . 1.:11111 (114 . 114 . r up die Platte River to the place of hegisming. ft is, however. understood that. in inoking this rev...roil -ion sold acknowledgement, the aforesaid Indian nation .. do 11(11 ollandon or prejudice tiny 1r elaioss they way hare to other lands: ;old further, that they (lb not. surrender the privile,e of hunting. folting, or po_ssiflg. over any or the Imo,: of country heretofore described. ArenCt,Nh. The parties to the second p:lrt. of this treaty hat ing -tvlerteti principals or hestd-elliefs f(si . their respective nations. thrinsgli whom all nalitiostl Int . iness will lie he conducted. do lierebt hind themselves to sustain sold chiefs rind their successors during good lothavior. ARTICLE 7. In consideration of the treaty stipulations. and for the damages whiell have or may occur h n resi,os i thereof III I kV Indian INtrtieS hereto, and for their maintemolet . and lie improve- ment of their moral and social customs. the Foiled States hilid themselves to deliver to the said Indian nations the sum of fifty tholl-and dollars per annum for the term of ten years, with the right to continue the same sit the discretion of tise !'resident of the United States for a period not exceeding five years thereafter, in provisions, suerchnnchse, domestic animals, and stgricultural implements. in such proportions as may be deemed best adapted lo their condition hy the President, of the United Stales, to he distributed in projtortion to the population of the stforesoid Indian notions. A RTIcLE 8. It is understood and ogreed that should 'mit- of the Indian nations, parties to this treaty, violate silty of the "provi-ion, thereof, the United States ma y withhold the whole or a portion of the annuities mentioned in the preceding article from the. iiulion Sib io the opinion of the President of the Coiled Slates, proper satisfaction shall have_ beets made. III testimony 'whereof tire said 11. 1). Mitchell mod Tloolioins: Fitzpatheadmen, osel rick commissioners as aforesaid. ond I he parties hereto, have set their hands and :Axed their marks, on Ille day and at the place first above written. Alitchell 1). Thomas Fitzpatric,k (2ommissioners. : : ¢-io Nlsio-l ¢, ¢ ¢%. I t s.% ¢ ¢1 1 -ti loio4 loonrk. NI:111 ¢1,1114,, ¢;111.7 do. n mark ozoa. Nah-1,1 palm.:: ¢ ¢:). ma.k Ntak-1....--.111-hi-lr'.. mark mark. )1r ¢ h-mha-t.ilr,.111 hari-kall. 1 111$ sZ tourk. x roctrk. Nmlok-koo-looe-ien. Iii,t x mark. hirr x mark. Arrapal000e. ll; ¢-alo-1; R-o l tli-ralo. Iii,. x ricork. No . lo-ni-l000lo-s.-11 . 0. his x mork. lois x rit:ork. rra ¢I x./work. 1 1.. 11,-Ito l oit-ro ¢lo-o . loi-eto. lois x mark. lois x Nloti ¢i.. ¢ ¢ nn Tow laii ¢Ci-clo . otalo, fuji N Voroolor,s: Maridan. mat t Noo..lokloot--loi ¢too ¢ -loi .o lo. his x otioork. :-11..-oolt ¢itiano-l000. lois x tmork. .1rick:oromos: K rarmirr . i-ti-shan, hi . x mark. Ili-alch-tah-wetrth. his x mark. 51

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