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upon these particular public lands which were "otherwise appr

priated" and unavailable or disposition of any kind until a

able classification by the Secretary "in his discretion." "E

ment of allotment legislation does not of itself rest any rig

to allotments." Wise v. United States . 297 F.2d 822, 827 (C.

10, 1961), cert, den., 369 U.S. 876.

1. The Secretary's decision, that the public lands

selected should not be classified for settlement and are unsu

ed for Indian allotment, is reasonable. The purpose of the a

lotment system was to provide Indians with a homestead which

would support them from agricultural pursuits. The public la

here were found to be unsuited for such purpose. That findin

is supported by substantial evidence in the administrative re

QOrd) and is confirmed by the district court. Disposition by

summary judgment was of course proper.

1. Those appellants, who did not seek administrati

review of the local Land Office denials of their applications

for classification and allotment, could not qualify for judic

relief because they failed to exhaust their administrative re

dies.

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archive.org Volume Name: govuscourtsca9briefs3437

Volume: http://archive.org/stream/govuscourtsca9briefs3437

Document Link: http://archive.org/stream/govuscourtsca9briefs3437#page/n449/mode/1up

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