(259) The Supreme Court reversed the Eighth Circuit's decision and held that the unallotted
lands ceded as a result of the 1894 Act did not retain reservation status, and the Tribe lost its regulatory authority over that land.
Work has also commenced on adding unallotted
crown land to the parks system.
Using the wardship theory, Congress acted as the trustee of the confederated Flathead tribes and voted on 23 April 1904 to have their lands allotted "under the provisions of the allotment laws of the United States." The same act provided for a commission to classify the remaining unallotted
portion of the reserve as agricultural lands of the first and second class, grazing lands, mineral lands, and "lands more valuable for timber than for any other purpose." Surplus agricultural and grazing lands were to be sold according to their appraised value, mineral lands under the mineral laws of the United States, and timberlands by sealed bids.
First, the legislative history showed "that a sum certain price was included for reasons other than issues of jurisdiction and sovereignty." Second, the allegedly diminishing Act included "the strongest savings clause of any unallotted
land sale agreement between a tribe and that government," which preserved the full force and effect of an earlier treaty "the same as though this [later] agreement had not been made."(204) The state, not the tribe, had jurisdiction to regulate the landfill site.
(361) Instead, this act had its origins in a bill to authorize the sale by the executive of unallotted
Early-twentieth-century Choctaw chiefs, well matched for their new role of carrying out federal objectives, facilitated sales of most of the unallotted
Choctaw timber lands and some of the unallotted
Choctaw mineral lands.
The Nez Perces, who before allotment controlled over 13 million acres in 1800, received a monetary sum after allotment of $1,626,222 in exchange for 524,064 acres of unallotted
land, or 72.6 percent of the reservation.
They outlined a program defining tribal rights to mineral resources and keeping unallotted
land for future generations.