lands are opened to settlement by proclamation of the President of the United States no person shall be permitted to enter upon or occupy any of said lands, and any person violating this provision shall never be permitted to make entry of any of said lands or acquire any title thereto:  Provided, That any person having attempted to but for any cause failed to acquire a title in fee under existing law, or who made entry under what is known as the commuted provision of the homestead law, shall be qualified to make homestead entry upon said lands.

And whereas allotments of land in severalty to said Kickapoo Indians have been made and approved in accordance with law and the provisions of the before-mentioned agreement with them; and

Whereas it is provided by the act of Congress for the temporary government of Oklahoma, approved May 2, 1890, section 23 (26 U.S.  Statutes at Large, p. 92), that there shall be reserved public highways 4 rods wide between each section of land in said Territory, the section lines being the center of said highways; but no deduction shall be made, where cash payments are provided for, in the amount to be paid for each quarter section of land by reason of such reservation; and

Whereas it is provided in the act of Congress approved February 10, 1894 (28 U.S.  Statutes at Large, p. 37)—­

That every homestead settler on the public lands on the left bank of the Deep Fork River in the former Iowa Reservation, in the Territory of Oklahoma, who entered less than 160 acres of land may enter under the homestead laws other lands adjoining the land embraced in his original entry when such additional lands become subject to entry, which additional entry shall not with the lands originally entered exceed in the aggregate 160 acres:  Provided, That where such adjoining entry is made residence shall not be required upon the lands so entered, but the residence and cultivation by the settler upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon the land embraced in his additional entry; but such lands so entered shall be paid for conformably to the terms of the act acquiring the same and opening it to homestead entry.

And whereas it is further provided in the act of Congress approved March 2, 1895 (28 U.S.  Statutes at Large, p. 899)—­

That any State or Territory entitled to indemnity school lands or entitled to select lands for educational purposes under existing law may select such lands within the boundaries of any Indian reservation in such State or Territory from the surplus lands thereof purchased by the United States, after allotments have been made to the Indians of such reservation and prior to the opening of such reservation to settlement.

And whereas all the terms, conditions, and considerations required by said agreement made with said tribes of Indians and by the laws relating thereto precedent to opening said lands to settlement have been, as I hereby declare, complied with: