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(306) Specifically it stated, "[t]he operative language of the 1902 Act provided for allocations of reservation land to Indians, and that 'all the unallotted lands within said reservation shall be restored to the public domain.'" (307)
We hold that the restoration of unallotted reservation lands to the public domain evidences a congressional intent with respect to those lands inconsistent with the continuation of reservation status.
Garfield pointed out that the Hoopa Indians could not sell their timber "and until the land is cleared it is not of much use to them as a home." At this time, there was no general authority to sell growing timber on allotted and unallotted land within reservations; there was only provision for the sale of dead timber under the law of 16 February 1889.
939 (1975) (holding that when Congress ratified an agreement whereby tribes relinquished all claim, right, title and interest in reservation lands, the "state courts have civil and criminal jurisdiction over conduct of members of the tribe on the non-Indian, unallotted lands within the [previous] reservation borders").
888, 32 Stat 245, 263 (1902) (providing that if a majority of the adult male members of the Uintah and white River Indians in Utah consented, the Secretary of the Interior should make allotments out of the Uintah Reservation by October 1, 1903, giving 80 acres to each head of a family and 40 acres to any other member of the tribes; all unallotted land was restored to the public domain for sale to homesteaders); Act of March 3, 1903, ch.
In the nineteenth century, a large section of the western states and territories were set aside for Indian reservations, but pressures to settle non-Indians on Indian lands caused congress to pass acts to push Indians to individual allotments for reservations and to open up unallotted lands to non-Indian settlement.