No lands in sections sixteen and thirty-six now occupied, as set forth in article three of the agreement herein ratified, shall be reserved for school purposes, but the State of Idaho shall be entitled to indemnity for any lands so occupied:  Provided, That none of said lands shall be disposed of under the townsite laws for less than ten dollars per acre:  And provided further, That all of said lands within five miles of the boundary line of the town of Pocatello shall be sold at public auction, payable as aforesaid, under the direction of the Secretary of the Interior for not less than ten dollars per acre:  And provided further, That any mineral lands within said five mile limit shall be disposed of under the mineral land laws of the United States, excepting that the price of such mineral lands shall be fixed at ten dollars per acre, instead of the price fixed by the said mineral land laws.

And whereas, all the conditions required by law to be performed prior to the opening of said lands to settlement and entry have been, as I hereby declare, duly performed, except the sale of the improvements mentioned above, but as this is not considered a bar to the opening of the unallotted and unreserved lands to settlement and entry.

Now, therefore, I, Theodore Roosevelt, President of the United States of America, by virtue of the power vested in me by law, do hereby declare and make known that all of the lands so as aforesaid ceded by the Shoshone and Bannock Indians, saving and excepting all lands allotted to the Indians, and saving and excepting the lands on which the Indian improvements have been appraised, and saving and excepting the sixteenth and thirty-sixth sections in each Congressional township, and saving and excepting Lots 7 and 8, section 21, NW 1/4 SW 1/4 and Lots 9 and 10, section 22, T. 9 S., R. 38 E., B.M., known as “Lava Hot Springs,” and saving and excepting all of the lands within five miles of the boundary line of the town of Pocatello, Idaho and saving and excepting the lands ceded under the act of September 1, 1888 (25 Stat, 452), for the purposes of a townsite, will on the 17th day of June, 1902, at and after the hour of 12 o’clock, noon (Mountain Standard time), be opened to settlement and entry under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in the statutes above specified, and the laws of the United States applicable thereto.

In view of the provision in said act “That all of said lands within five miles of the boundary line of the town of Pocatello shall be sold at public auction, payable as aforesaid, under the direction of the Secretary of the Interior for not less than ten dollars per acre,” the lands “within five miles of the boundary line of the town of Pocatello.” saving and excepting all lands allotted to the Indians, and saving and excepting the sixteenth and thirty-sixth sections in each Congressional township, and saving and excepting