great reservation of the Sioux nation, in the territory of Dakota, is hereby set apart for a permanent reservation for the Indians receiving rations and annuities at Lower Brule agency, in said territory of Dakota, namely: Beginning on the Missouri River at old Fort George; thence running due west to the western boundary of Presho county, thence running south on said western boundary to the forty-fourth degree of latitude; thence on said forty-fourth degree of latitude to the western boundary of township No. 72; thence south on said township western line to an intersecting line running due west from Fort Lookout; thence eastwardly on said line to the center of the main channel of the Missouri River at Fort Lookout; thence north in the center of the main channel of the said river to the original starting point.

Section 6. That the following tract of land, being a part of the great reservation of the Sioux nation, in the territory of Dakota, is hereby set apart for a permanent reservation for the Indians receiving rations and annuities at the Crow Creek agency, in said territory of Dakota, namely: The whole of township 106, range 70; township 107, range 71; township 108, range 71; township 108, range 72; township 109, range 72; and the south half of township 109, range 71, and all except sections 1, 2, 3, 4, 9, 10, 11 and 12 of township 107, range 70, and such parts as lie on the east and left bank of the Missouri River, of the following townships, namely: Township 106, range 71; township 107, range 72; township 108, range 73; township 108, range 74; township 108, range 75; township 108, range 76; township 109, range 73; township 109, range 74; south half of township 109, range 75, and township 107, range 73, also the west half of township 106, range 69, and sections 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 and 33, of township 107, range 69.

Section 7. That each member of the Santee Sioux tribe of Indians now occupying the reservation in the State of Nebraska not having already taken allotments, shall be entitled to allotments upon said reserve in Nebraska as follows: To each head of a family, one quarter of a section; to each single person over 18 years of age, one eighth of a section; to each orphan child under 18 years of age, one eighth of a section; to each other person under 18 years of age now living, one sixteenth of a section; the title thereto, in accordance with the provisions of Article 6, of the treaty concluded April 29, 1868, and the agreement with said Santee Sioux approved February 28, 1877, and rights under the same in all other respects conforming to this act. And said Santee Sioux shall be entitled to all other benefits under this act in the same manner and with the same conditions as if they were residents upon said Sioux reservation, receiving rations at one of the agencies herein named. Provided, that all allotments heretofore made to said Santee Sioux in Nebraska are hereby ratified and confirmed; and each member of the Flandreau band of Sioux Indians is hereby authorized to take allotments on the great Sioux reservation, or in lieu thereof shall be paid at the rate of $1 per acre for the land to which they would be entitled, to be paid out of the proceeds of land relinquished under this act, which shall be used under the direction of the secretary of the interior; and said Flandreau band of Sioux Indians is in all other respects entitled to the benefits of this act the same as if receiving rations and annuities at any of the agencies aforesaid.

Sections 8, 9, 10, 12 relate to the manner of allotting the reservation lands to the members of the tribe.

Section 13 relates to the domiciles of the Indians at the various agencies.

Section 14 provides that the secretary of the interior shall prescribe rules for regulating water supply for irrigation purposes.

Section 15 protects in their holdings Indians who have taken allotments under the former treaties.

Section 16 confirms the Chicago, Milwaukee and St. Paul Railway and the Dakota Central Railway in their respective rights-of-way across the reservation, under certain restrictions.

Section 17 relates to the education of the Indian children.

Section 18 confirms the title of the various religious societies in their school and church sites on the reservation.

Section 19 continues in force provisions of previous treaties not conflicting with this treaty.

Section 20 provides for the erection of school houses at convenient points on the reservations.

Section 21. That all the lands in the great Sioux reservation outside the separate reservations herein described are hereby restored to the public domain, except American Island, Farm Island and Niobrara Island, and shall be disposed by the United States to actual settlers only, under the provisions of the homestead law (except Section 2301 thereof) and under the law relating to townsites: Provided, that each settler, under and in accordance with the provisions of said homestead acts, shall pay to the United States, for the land so taken by him, in addition to the fees provided by law, the sum of $1.25 per acre for all lands disposed of within the first three years after the taking effect of this act, and the sum of 75 cents per acre for all lands disposed of within the next two years following thereafter, and 50 cents per acre for the residue of the land then undisposed of, and shall be entitled to a patent therefor according to said homestead laws, and after the full payment of said sums. But the rights of honorably discharged Union soldiers and sailors in the late civil war as defined and described in Sections 2304 and 2305 of the Revised Statutes of the United States, shall not be abridged, except as to said sums: Provided, that all lands herein opened to settlement under this act remaining undisposed of at the end of ten years from the taking effect of this act shall be taken and accepted by the United States and paid for by said United States at 50 cents per acre, which amount shall be added to and credited to said Indians as part of their permanent fund, and said lands shall thereafter be part of the public domain of the United States, to be disposed of under the homestead laws of the United States, and the provisions of this act; and any conveyance of said lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of final entry, shall be null and void: Provided, that there shall be reserved public highways four rods wide around every section of land allotted, or opened to settlement by this act, the section lines being the center of said highways; but no deduction shall be made in the amount to be paid for each quarter section of land by reason of such reservation. But if the said highway shall be vacated by any competent authority the title to the respective strips shall inure to the then owner of the tract to which it formed a part of the original survey. And provided further, that nothing in this act contained shall be so construed as to affect the right of congress or of the government of Dakota to establish public highways, or to grant to railroad companies the right of way through said lands, or to exclude the said lands, or any thereof, from the operation of the general laws of the United States now in force granting to railway companies the right of way and depot grounds over and upon the public lands; American Island, an island in the Missouri River near Chamberlain, in the territory of Dakota, and now a part of the Sioux reservation, is hereby donated to the said city of Chamberlain: Provided, further, that said city of Chamberlain shall formally accept the same

within one year from the passage of this act, upon the express condition that the same shall be preserved and used for all time entire as a public park, and for no other purpose, to which all persons shall have free access; and said city shall have authority to adopt all proper rules and regulations for the improvement and care of said park; and upon the failure of any of said conditions the said island shall revert to the United States, to be disposed of by future legislation only. Farm Island, an island in the Missouri River near Pierre, in the territory of Dakota, and now a part of the Sioux reservation, is hereby donated to the said city of Pierre: Provided further, that said city of Pierre shall formally accept the same within one year from the passage of this act, upon the express condition that the same shall be preserved and used for all time entire as a public park, and for no other purpose, to which all persons shall have free access; and said city shall have authority to adopt all proper rules and regulations for the improvement and care of said park; and upon failure of any of said conditions the said island shall revert to the United States, to be disposed of by future legislation only. Niobrara Island, an island in the Niobrara River near Niobrara, and now a part of the Sioux reservation, is hereby donated to the said city of Niobrara. Provided further, that said city of Niobrara shall formally accept the same within one year from the passage of this act; upon the express condition that the same shall be preserved and used for all time entire as a public park, and for no other purpose, to which all persons shål! have free access; and said city shall have authority to adopt all proper rules and regulations for the improvement and care of said park; and upon the failure of any of said conditions the said island shall revert to the United States, to be disposed of by future legislation only. And provided further, that if any full or mixed blood Indian of the Sioux nation shall have located upon Farm Island, American Island or Niobrara Island before the date of the passage of this act, it shall be the duty of the secretary of the interior, within three months from the time this act shall have taken effect, to cause all improvements made by any such Indian so located upon either of said islands, and all damage that may accrue to him by removal therefrom, to be appraised, and upon the payment of the sum so determined, within six months after notice thereof, by the city to which the island is herein donated to such Indian, said Indian shall be required to remove from said island, and shall be entitled to select instead of such location his allotment according to the provisions of this act upon any of the reservations herein established, or upon any land opened to settlement by this act not already located upon.

Section 22 provides for the investment of money derived from sale of Indian lands as a permanent fund for benefit of Indians. Section 23 protects Crow Creek settlers.

Section 24 reserves sections 16 and 36 of ceded lands for school lands. Sections 25 and 26 provide for surveying ceded lands.

Section 27 provides payment for Red Cloud's ponies, taken by the government in 1876.

Section 28 provides when this treaty shall take effect.

Section 29 is the usual repealing clause.

GENERAL INDEX