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From page 39... ... NCHRP LRD 76 39 States acquired primary jurisdiction over unallotted opened lands where "the applicable surplus land Act freed that land of its reservation status and thereby diminished the reservation boundaries." In contrast, if a surplus land Act "simply offered non-Indians the opportunity to purchase land within established reservation boundaries," then the entire opened area remained Indian country (internal citations omitted) .429 The Court went on to state that the explicit cessation language in the surplus lands Act combined with the payment of a fixed-sum created a presumption of diminishment: Article I of the 1894 Act provides that the Tribe will "cede, sell, relinquish, and convey to the United States all their claim, right, title, and interest in and to all the unallotted lands within the limits of the reservation"; pursuant to Article II, the United States pledges a fixed payment of $600,000 in return. Read the entire page →

From page 39...

... NCHRP LRD 76 39 States acquired primary jurisdiction over unallotted opened lands where "the applicable surplus land Act freed that land of its reservation status and thereby diminished the reservation boundaries." In contrast, if a surplus land Act "simply offered non-Indians the opportunity to purchase land within established reservation boundaries," then the entire opened area remained Indian country (internal citations omitted) .429 The Court went on to state that the explicit cessation language in the surplus lands Act combined with the payment of a fixed-sum created a presumption of diminishment: Article I of the 1894 Act provides that the Tribe will "cede, sell, relinquish, and convey to the United States all their claim, right, title, and interest in and to all the unallotted lands within the limits of the reservation"; pursuant to Article II, the United States pledges a fixed payment of $600,000 in return.

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