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The original documents are located in Box 11, folder "1974/10/26 S1411 Sisseton-Wahpeton
Sioux Indian Lands North and South Dakota" of the White House Records Office:
Legislation Case Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 11 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
EXECUTIVE OFFICE OF THE PRESIDENT
OPPROVED OCT 26 2.6 1974
THE
OFFICE OF management AND BUDGET
WASHINGTON, D.C. 20503
OCT 1 8 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bills MAST and S. 1411 - Sisseton-
Wahpeton Sioux Indian Lands; North and South
Posted
Dakota
Sponsor - Sen. McGovern (D) South Dakota and
10/28
Sen. Abourezk (D) South Dakota
to Archive
Last Day for Action
10/29
October 29, 1973 - Tuesday
Purpose
S. 1412 would transfer in trust 90.24 acres of Federal land
to the Sisseton and Wahpeton Tribe of Sioux Indians of the
Lake Traverse Reservation in North and South Dakota, and
S. 1411 would authorize the tribe to consolidate its land-
holdings within the reservation.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
Approval
Department of Justice
No objection (S. 1412)
Defers to Interior (S. 1411)
Discussion
Some 2,000 members of the Sisseton and Wahpeton Sioux reside
on the 108,876-acre Lake Traverse Reservation, which lies
in the extreme northeastern corner of South Dakota, with
a small portion located in North Dakota. Of the total
tribal land base, only 876 acres are owned by the tribe, while
individual members hold 108,000 acres in trust allotments
LIBRARY GERALD ? FORD
2
These individual allotments are intermixed with non-Indian
lands throughout a much larger area, and three-quarters of
them have multiple owners because they have been divided
among heirs over the course of several generations.
S. 1412 would transfer to trust status four tracts totaling
90.24 acres, and S. 1411 would authorize the tribe to acquire
additional lands by purchase or exchange and to consolidate
its landholdings.
The four tracts which would be placed in trust by S. 1412
were all acquired by the United States for the building of
schools and offices, and are now being used by the tribe
under long-term permits from the Bureau of Indian Affairs.
They are:
- a 40-acre tract on which a day school is operating,
and upon which the tribe is developing a housing
project;
- a second 40-acre tract with a day school;
- a 10-acre tract containing a former school building
now used for treatment of alcoholics; and,
- a .24-acre tract in the town of Sisseton, South
Dakota, once used as a site for the local agency
office and now used for tribal offices.
All four tracts are within the boundaries of the reserva-
tion and generally meet the criteria usually applied to
transferring Government-owned lands to tribes. The first
three are bounded by or corner on trust land, and, while
the small fourth tract is in the predominantly non-Indian
town of Sisseton, the town itself lies in the heart of
the reservation.
Although S. 1412 provides for transfer of the lands without
consideration, it contains the standard set-off provision
which directs the Indian Claims Commission to determine
whether and to what extent the value of the land transferred
should be set off against any pending claims against the
United States.
BERALD FORD LIBRARY
3
The other enrolled bill, S. 1411, would authorize the tribe
to acquire by purchase, gift or exchange any lands or inter-
ests in lands within the boundaries of the reservation in
order to consolidate its holdings and eliminate partial
interests in the lands allotted to individuals. Title to
such acquisitions would be taken by the United States in
trust, and all lands acquired would be granted the customary
exemption from State and local taxation.
S. 1411 would also authorize the tribe to sell unneeded
lands under various conditions designed to ensure that
the value received by the tribe is equivalent to the value
given up. The bill specifies that the proceeds from such
sales must be used exclusively for the purchase of other
land on the reservation. Subject to the approval of the
Secretary of the Interior, any tribal land could be mortgaged,
and if so, it would become subject to sale or foreclosure
under the laws of the State in which it was located.
The tribe was awarded some $3 million in 1973 in settle-
ment of a claim before the Indian Claims Commission, and
has set aside $300,000 to acquire land. The multiple-ownership
situation and "checkerboarded" nature of allotments make
rational economic development of the land quite difficult,
but enactment of S. 1411 would provide the authority needed
to help alleviate the problem. Many other tribes have been
granted similar authority.
In its report to the Congress, Interior recommended enact-
ment of both bills if amended in certain respects. The
committees accepted the suggested amendments and the bills
were passed with no further changes.
Assistant Director for
Legislative Reference
Enclosures
FORD i LIBRARY GERALD
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day - October 29
October 23, 1974
MEMORANDUM FOR:
THE PRESIDENT
FROM:
KEN COLE
SUBJECT:
Enrolled Bills S. 1412 and S. 1411
Sisseton-Wahpeton Sioux Indian
Lands, North and South Dakota
Attached for your consideration are Senate bills, S. 1412
and S. 1411, sponsored by Senators McGovern and Abourezk.
S. 1412 would transfer, in trust status, 90.24 acres of
Federal land to the Sisseton and Wahpeton Tribe of Sioux
Indians of the Lake Traverse Reservation in North and South
Dakota. S. 1411 would authorize the tribe to consolidate
its landholdings within the reservation.
Roy Ash recommends approval and provides you with additional
background information in his enrolled bill report (Tab A).
We have checked with Secretary Morton, the Counsel's office
(Chapman), and Bill Timmons who recommend approval.
RECOMMENDATION
That you sign both Senate bills, S. 1412 (Tab B) and
S. 1411 (Tab C).
i
FORD
Q7V
817
ACTION
Last Day - October 29
October 23, 1974
MEMORANDUM FOR:
THE PRESIDENT
FROM:
KEN COLE
SUBJECT:
Enrolled Bills S. 1412 and 8. 1411
Sisseton-Wahpeton Sioux Indian
Lands, North and South Dakota
Attached for your consideration are Senate bills, S. 1412
and S. 1411, sponsored by Senators McGovern and Abouresk.
S. 1412 would transfer, in trust status, 90.24 acres of
Federal land to the Sisseton and Wahpeton Tribe of Sioux
Indians of the Lake Traverse Reservation in North and South
Dakota. S. 1411 would authorize the tribe to consolidate
its landholdings within the reservation.
Roy Ash recommends approval and provides you with additional
background information in his enrolled bill report (Tab A).
We have checked with Secretary Morton, the Counsel's office
(Chapman), and Bill Timmons who recommend approval.
RECOMMENDATION
That you sign both Senate bills, 8. 1412 (Tab B) and
S. 1421 (Tab c).
ACTION
Last Day - October 29
October 23, 1974
NEMORANDUM FOR:
THE PRESIDENT
FROM:
KEN COLE
SUBJECT:
Enrolled Bills S. 1412 and S. 1411
Siseeton-Wahpeten Sioux Indian
Lands, North and South Dakota
Attached for your consideration are Senate bills, S. 1412
and S. 1411, sponsored by Senators McGovern and Abouresk.
S. 1412 would transfer, in trust status, 90.24 acres of
Federal land to the Sisseton and Wahpeton Tribe of Sioux
Indians of the Lake Traverse Reservation in North and South
Dakota. S. 1411 would authorise the tribe to consolidate
its landholdings within the reservation.
Roy Ash recommends approval and provides you with additional
background information in his enrolled bill report (Tab A).
We have checked with Secretary Morton, the Counsel's office
(Chapman), and Bill Timmons who recommend approval.
RECOMMENDATION
That you sign both Senate bills, S. 1412 (Tab B) and
S. 1411 (Tab C).
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO. 678
Date:
October 21 1974
Time
11:30 a.m.
FOR ACTION: Michael Duval
CC (for information): Warren K. Hendriks
Phil Buchen
Jerry Jones
Bill Timmons
Paul Theis
Norm Ross
FROM THE STAFF SECRETARY
DUE: Date:
Thursday, October 24 1974 Time: 2:00 p.m.
SUBJECT:
Enrolled Bills S. 1412 and S. 1411 - Sisseton-
Wahpeton Sioux Indian Lands, North and South
Dakota
ACTION REQUESTED:
For Necessary Action
XX For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please-return to Kathy Tindle - West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please.
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For-the President
THE WHITE HOUSE
WASHINGTON
October 22, 1974
MEMORANDUM FOR: MR. WARREN HENDRIKS
FROM:
WILLIAM E. TIMMONS
Be
SUBJECT:
Action Memorandum - Log No. 678
Enrolled Bills S. 1412 and S. 1411 - Sisseton-
Wahpeton Sioux Indian Lands, North and
South Dakota
The Office of Legislative Affairs concurs in the attached
proposal and has no additional recommendations.
Attachment
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 678
Date:
October 21, 1974
Time:
11:30 a.m.
FOR ACTION: Michael Duval
CC (for information): Warren K. Hendriks
Phil Buchen
Jerry Jones
Bill Timmons
Paul Theis
Norm Ross
FROM THE STAFF SECRETARY
DUE: Date:
Thursday, October 24, 1974 Time: 2:00 p.m.
SUBJECT:
Enrolled Bills S. 1412 and S. 1411 - Sisseton-
Wahpeton Sioux Indian Lands, North and South
Dakota
ACTION REQUESTED:
XX
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS: OK
Whice Donal 10/21
Please return to Kathy Tindle - West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
Warren K. Hendriks
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 678
Date:
October 21, 1974
Time:
11:30 a.m.
FOR ACTION: Michael Duval
CC (for information) : Warren K. Hendriks
Phil Buchen
Jerry Jones
Bill Timmons
Paul Theis
Norm Ross
FROM THE STAFF SECRETARY
DUE: Date:
Thursday, October 24, 1974 Time: 2:00 p.m.
SUBJECT:
Enrolled Bills S. 1412 and S. 1411 - Sisseton-
Wahpeton Sioux Indian Lands, North and South
Dakota
ACTION REQUESTED:
XX
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please return to Kathy Tindle - West Wing
No objection
D.C.
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hondriks
telephone the Staff Secretary immedictely.
For the President
THE WHITE HOUSE
ACTION MIMORANDUM
WASHINGTON
LOG NO.: 678
Date:
October 21 1974
Time:
11:30 a.m.
FOR ACTION: Michael Duval
CC (for information) : Warren K. Hendriks
Phil Buchen
Jerry Jones
Bill Timmons
Paul Theis
Norm Ross
FROM THE STAFF SECRETARY
DUE: Date:
Thursday, October 24, 1974 Time: 2:00 p.m.
SUBJECT:
Enrolled Bills S. 1412 and S. 1411 - Sisseton-
Wahpeton Sioux Indian Lands, North and South
Dakota
ACTION REQUESTED:
XX
For Necessary Action
For Your Recommendations
Prepare Agendu and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please return to Kathy Tindle - West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
Warren K. Hendriks
For the President
ASSISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
OCT 17 1974
Honorable Roy L. Ash
Director, Office of Management
and .Budget
Washington, D.C. 20503
Dear Mr. Ash:
In compliance with your request, I have examined
a facsimile of the Enrolled Bill S. 1411 "to authorize the
Sisseton Wahpeton Sioux Tribe of the Lake Traverse Reserva-
tion to consolidate its landholdings in North Dakota and
South Dakota, and for other purposes."
The enrolled bill would authorize consolidation
of the landholdings of the Sisseton Wahpeton Sioux Tribe
of the Lake Traverse Reservation.
The Department of Justice defers to the Department
of the Interior as to whether this bill should receive
Executive approval.
Sincerely,
W. Vincent Rakestraw
Assistant Attorney General
THE
OF
THE
INTERIOR
United States Department of the Interior
OFFICE OF THE SECRETARY
March
3,
1849
WASHINGTON, D.C. 20240
OCT i 7 1974
Dear Mr. Ash:
This responds to your request for our views on enrolled bill
S. 1411, "To authorize the Sisseton and Wahpeton Sioux Tribe
of the Lake Traverse Reservation to consolidate its landholdings
in North Dakota and South Dakota, and for other purposes. "
We recommend that the President approve the enrolled bill.
S. 1411 would authorize the Secretary of the Interior to acquire
by purchase, gift, or exchange any lands or interests in
lands within the boundaries of the Lake Traverse Reservation.
Such acquisitions would be taken in trust by the United States
for the tribe. The bill would also empower the tribe to sell
or exchange tribal land which it did not need under various
conditions designed to insure that the tribe received value equal
to that which it gave up; the proceeds from such sales would
be required to be spent for the purchase of other land on the
reservation. Title to land acquired by the tribe via sale or
exchange would be taken in trust for the tribe; title to land
acquired from the tribe by an enrolled member of the tribe in
connection with a sale or exchange could be taken by the United
States in trust for that member. All lands acquired by the tribe
or its members pursuant to the Act would be exempt from State
and local taxation.
Subject to approval of the Secretary of the Interior, any tribal
land could be mortgaged. Such land would be subject to sale or
foreclosure under the laws of the State in which it was located;
the United States would not be a necessary party to the proceeding,
but any conveyance of the land would divest it of title. Title
to land redeemed or reacquired by the tribe at such sale or fore-
closure would be taken in trust for the tribe, and title to land
purchased by any tribal member at such a proceeding could be taken
in trust for that person. The Secretary of the Interior would be
authorized to take actions necessary to carry out the purposes of
the Act.
CONSERVE
AMERICA'S
ENERGY
Save Energy and You Serve America!
The Lake Traverse Reservation was established by the treaty of
February 19, 1867 (15 Stat. 505). Article 5 of the treaty provided
for the allotment of land to individual Indians. The original
reservation, as established in 1867, contained 918,779.32 acres.
Out of this, 309,913.66 acres were allotted and 608,865.66 acres
were relinquished to the United States by the tribe for a payment
of $2.50 per acre under the treaty of December 12, 1889, whereby
after the members received the allotments, the remainder was sold
back to the United States. The reservation is V-shaped and lies
in the northeast corner of South Dakota, with a small portion in
the southeast corner of North Dakota.
The tribe presently has only 876.90 acres of trust land. Its members
hold slightly in excess of 108,000 acres of trust allotments, all of
which are highly checkerboarded, with approximately 75 percent of
the allotments in multiple ownership. Due to the scattered condition
of Indian-owned tracts, the tribe has had very limited opportunities
to manage its land for the common good. Of the total acreage,
approximately 36,250 acres are dry farmed, 63,850 acres are grazed,
and the remaining 8,770 acres are being occupied by homesites, which
contain rights-of-way and sloughs.
Tribal membership rolls are being brought up to date. It is
estimated that there will be approximately 4,500 members when
the roll is completed and that 2,000 of these members reside
on the reservation. The general economy of the area is agricul-
turally based, but Indian unemployment is high. The livelihood
of the resident Indian population is derived largely from lease
income, seasonal employment, and welfare allowances. Only a
small number of tribal members are permanently employed. There
is no income to the tribe from commercial, recreation, or business
enterprises.
Nonetheless, the tribe is moving aggressively on its own behalf
and in cooperation with local communities and counties to stimulate
the economy of the area and improve living conditions throughout
the reservation. Under Claims Commission Docket Nos. 142 and 359,
the Sisseton and Wahpeton Sioux Tribe participated in certain awards;
the tribe's net share plus interest amounted to $3,032,591.70 as
of April 13, 1973. By Resolution No. 74-13 adopted on September 4,
1973, the sum of $300,000 was programmed for the acquisition of land.
However, the multiple-ownership situation with which the tribe is
confronted makes rational development of its land potential very
difficult. Approval of this bill would enable the tribe to consoli-
date landholdings, alleviate the problem of fractionated heirship
of allotted lands, and acquire land for tribal programs. (Among
the programs which the tribe is considering are ones involving
the development of industry, recreational facilities, housing
2
projects, and the enhancement and rehabilitation of the total
resource potential of the reservation.) Several other tribes
have been given authority very similar to that which S. 1411
would confer. Such examples are the 117 tribes covered by
the Indian Reorganization Act (25 U.S.C. 464 and 465), the
19 tribes covered by the Oklahoma Indian Welfare Act (25 U.S.C.
501), and the 22 tribes for which individual authorizations
have been enacted. Authorizations for three of the latter
tribes were enacted by the 92nd Congress: Kalispell, P.L. 92-182
(85 Stat. 625); Southern Ute, P.L. 92-312 (86 Stat. 216); and
Coeur d' Alene, P.L. 92-472 (86 Stat. 788).
The bill includes all the amendments recommended in our reports,
dated respectively, January 24, 1974, to the Senate Committee on
Interior and Insular Affairs, and February 28, 1974, to the House
Interior Committee. No other amendments were made.
Sincerely yours,
Honorable Roy L. Ash
Director
Assistant Johnson Secretary of the Interior
Office of Management and Budget
Washington, D. C. 20503
3
via
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
i'
OCT 1 8 1974
6
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bills S. 1412 and S. 1411 - Sisseton-
Wahpeton Sioux Indian Lands, North and South
Dakota
Sponsor - Sen. McGovern (D) South Dakota and
Sen. Abourezk (D) South Dakota
Last Day for Action
October 29, 1973 - Tuesday
Purpose
S. 1412 would transfer in trust 90.24 acres of Federal land
to the Sisseton and Wahpeton Tribe of Sioux Indians of the
Lake Traverse Reservation in North and South Dakota, and
S. 1411 would authorize the tribe to consolidate its land-
holdings within the reservation.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
Approval
Department of Justice
No objection (S. 1412)
Defers to Interior (S. 1411)
Discussion
Some 2,000 members of the Sisseton and Wahpeton Sioux reside
on the 108,876-acre Lake Traverse Reservation, which lies
in the extreme northeastern corner of South Dakota, with
a small portion located in North Dakota. Of the total
tribal land base, only 876 acres are owned by the tribe, while
individual members hold 108,000 acres in trust allotments.
Calendar No. 801
93D CONGRESS.
SENATE
REPORT
2d Session
No. 93-832
AUTHORIZING THE SISSETON AND WAHPETON SIOUX TRIBE OF THE
LAKE TRAVERSE RESERVATION TO CONSOLIDATE ITS LANDHOLD-
INGS IN NORTH DAKOTA AND SOUTH DAKOTA
MAY 9, 1974.-Ordered to be printed
Mr. ABOUREZK, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany S. 1411]
The Committee on Interior and Insular Affairs, to which was re-
ferred the bill (S. 1411) to authorize the Sisseton and Wahpeton Sioux
Tribe of the Lake Traverse Reservation to consolidate its landhold-
ings in North Dakota and South Dakota, and for other purposes,
having considered the same, reports favorably thereon with amend-
ments and recommends that the bill as amended do pass.
PURPOSE
This bill would authorize the Sisseton and Wahpeton Sioux Tribe
to acquire by purchase, gift, or exchange, additional trust lands within
its Lake Traverse Reservation. In sales or exchanges involving
allotted land owned by tribal members, title to land acquired by the
members could be taken in trust for them. The bill would also enable
the tribe to mortgage its land, subject to approval of the Secretary
of the Interior. Such land would be subject to sale or foreclosure under
the laws of the State in which it was located; the United States would
not be a necessary party to the proceeding, but any conveyance of the
land would divest it of title.
BACKGROUND
The Lake Traverse Reservation was established by the treaty of
February 19, 1867 (15 Stat. 505). Article 5 of the treaty provided for
the allotment of land to individual Indians. The original reservation,
as established in 1867, contained 918,779.32 acres. Out of this,
309,913.66 acres were allotted and 608,865.66 acres were relinquished
99-010
2
by the tribe for a payment of $2.50 per acre. The reservation is V-
shaped and lies in the northeast corner of South Dakota, with a small
3
portion in the southeast corner of North Dakota.
bill would also empower the tribe to sell or exchange tribal land which
NEED
it did not need under various conditions designed to insure that the
tribe received value equal to that which it gave up; the proceeds from
The tribe presently has only 876.90 acres of trust land. Its members
such sales would be required- to be spent for the purchase of other
hold slightly in excess of 108,000 acres of trust allotments all of which
land on the reservation. Title to land acquired by the tribe via sale
are highly checkerboarded, with approximately 75 per cent of the
or exchange would be taken in trust for the tribe; title to land acquired
allotments being in multiple ownership. Due to the scattered condi-
from the tribe by an enrolled member of the tribe in connection with
tion of Indian-owned tracts, the tribe has had very limited oppor-
a sale or exchange could be taken by the United States in trust for
tunity to manage its land for the common good. The authority con-
that member. All lands acquired by the tribe or its members pursuant
tained in this bill would enable the tribe to consolidate landholdings,
to the Act would be exempt from State and local taxation.
alleviate the problem of fractionated heirship of allotted lands, and
Subject to approval of the Secretary of the Interior, any tribal land
acquire land for tribal programs.
could be mortgaged. Such land would be subject to sale or foreclosure
under the laws of the State in which it was located; the United States
COMMITTEE AMENDMENTS
would not be a necessary party to the proceeding, but any conveyance
of the land would divest it of title. Title to land redeemed or re-
The Committee approved several technical and clarifying amend-
acquired by the tribe at such sale or foreclosure would be taken in
ments which were recommended by the Department of the Interior in
trust for the tribe, and title to land purchased by any tribal member
its report on S. 1411.
at such a proceeding could be taken in trust for that person. The Sec-
COST
retary of the Interior would be authorized to take actions necessary
to carry out the purposes of the Act.
No additional expenditure of Federal funds will result from the
The Lake Traverse Reservation was established by the treaty of
enactment of S. 1411.
February 19, 1867 (15 Stat. 505). Article 5 of the treaty provided for
the allotment of land to individual Indians. The original reservation,
COMMITTEE RECOMMENDATION
as established in 1867, contained 918,779.32 acres. Out of this, 309,-
The Committee on Interior and Insular Affairs in open executive
913.66 acres were allotted and 608,865.66 acres were relinquished by
session unanimously ordered S. 1411, as amended, reported favorably
the tribe for a payment of $2.50 per acre. The reservation is V-shaped
to the Senate.
and lies in the northeast corner of South Dakota, with a small por-
tion in the southeast corner of North Dakota.
DEPARTMENTAL REPORTS
The tribe presently has only 876.90 acres of trust land. Its members
The favorable reports of the Department of the Interior and the
hold slightly in excess of 108,000 acres of trust allotments, all of which
Office of Management and Budget are set forth in full as follows:
are highly checkerboarded, with approximately 75 per cent of the
allotments in multiple ownership. Due to the scattered condition of
U.S. DEPARTMENT OF THE INTERIOR,
Indian-owned tracts, the tribe has had very limited opportunities to
OFFICE OF THE SECRETARY,
manage its land for the common good. Of the total acreage, approxi-
Washington, D.C., January 24, 1974.
mately 36,250 acres are dry farmed, 63,850 acres are grazed, and the
Hon. HENRY M. JACKSON,
remaining 8,770 acres are being occupied by homesites, which contain
Chairman, Committee on Interior and Insular Affairs, U.S. Senate,
rights-of-way and sloughs.
Washington, D.C.
Tribal membership rolls are being brought up to date. It is esti-
mated that there will be approximately 4,500 members when the roll
DEAR MR. CHAIRMAN: This responds to your request for the views
is completed and that 2,000 of these members reside on the reservation.
of this Department on S. 1411, a bill "To authorize the Sisseton and
The general economy of the area is agriculturally based, but Indian
Wahpeton Sioux Tribe of the Lake Traverse Reservation to consoli-
unemployment is high. The livelihood of the resident Indian popula-
date its landholdings in North Dakota and South Dakota, and for
tion is derived largely from lease income, seasonal employment, and
other purposes."
welfare allowances. Only a small number of tribal members are per-
We recommend enactment of this bill, if amended as suggested
manently employed. There is no income to the tribe from commercial,
herein.
recreation, or business enterprises.
S. 1411 would authorize the Sisseton and Wahpeton Sioux Tribe to
Nonetheless, the tribe, is moving aggressively on its own behalf and
acquire by purchase, gift, or exchange any lands or interests in lands
in cooperation with local communities and counties to stimulate the
within the boundaries of the Lake Traverse Reservation. Such acquisi-
economy of the area and improve living conditions throughout the
tions would be taken in trust by the United States for the tribe. The
reservation. Under Claims Commission Docket Nos. 142 and 359, the
Sisseton and Wahpeton Sioux Tribe participated in certain awards;
S.R. 832
the tribe's net share plus interest amounted to $3,032,591.70 as of
April 13, 1973. By Resolution No. 74-13 adopted on September 4,
S.R. 832
4
5
1973, the sum of $300,000 was programmed for the acquisition of land.
Budget on S. 1411, a bill "To authorize the Sisseton and Wahpeton
However, the multiple-ownership situation with which the tribe is con-
Sioux Tribe of the Lake Traverse Reservation to consolidate its land-
fronted makes rational development of its land potential very difficult.
holdings in North Dakota and South Dakota, and for other purposes."
Enactment of this bill would enable the tribe to consolidate land-
The Department of the Interior, in its report to your Committee,
holdings, alleviate the problem of fractionated heirship of allotted
recommends enactment of the bill if certain clarifying amendments
lands, and acquire land for tribal programs. (Among the programs
are adopted. We concur in the views expressed by the Department,
which the tribe is considering are ones involving the development of
and accordingly, subject to the suggested amendments, would have no
industry, recreational facilities, housing projects, and the enhance-
objection to the enactment of S. 1411.
ment and rehabilitation of the total resource potential of the reserva-
Sincerely,
tion.) Several other tribes have been given authority very similar to
WILFRED H. ROMMEL,
that which this bill would confer. In the last Congress, for example,
Assistant Director for Legislative Reference.
the Kalispell Indian Community (P.L. 92-182) and the Southern
Ute Tribe (P.L. 92-312) were given such authority.
We recommend that the following clarifying amendments be
adopted:
Delete line 3, page 1, and substitute therefor: "That the Secretary
of the Interior is authorized, at his discretion and upon the request
of the Sisseton and Wahpeton Sioux Tribe of the Lake."
In line 4, page 1, delete the word "delegated" and substitute there-
for the word "designated".
In line 5, page 1, delete the words "is authorized".
In line 10, page 1, delete the words "allotments" and substitute
therefor the words "trust lands."
In line 11, page 2, place a period after the word "Dakota" and delete
the rest of the line and all of lines 12, 13, 14, 15, and 16.
Delete line 19, page 2, and substitute therefor the following: "Res-
ervation, acting through its governing body or its designated agent,
is authorized with the approval of the Secretary of the Interior".
In line 10, page 3, delete the word "by" and substitute therefor the
word "for".
In line 15, page 3, after the word "may" add the following lan-
guage: "with the approval of the Secretary of the Interior".
Delete line 21, page 3, and substitute therefor: "SEC. 3. All lands
acquired by the United States in trust for the tribe or members".
In line 15, page 4, after the word "may" add the following: "with
the approval of the Secretary of the Interior".
The Office of Management and Budget has advised that there is no
objection to the presentation of this report from the standpoint of the
Administration's program.
Sincerely yours,
JOHN H. KYL,
Assistant Secretary of the Interior.
EXECUTIVE OFFICE OF THE PRESIDENT,
OFFICE OF MANAGEMENT AND BUDGET,
Washington, D.C., February 22, 1974.
Hon. HENRY M. JACKSON,
Chairman, Committee on Interior and Insular Affairs,
U.S. Senate, Washington, D.C.
DEAR MR. CHAIRMAN: This letter is in response to your request of
September 28, 1973, for the views of the Office of Management and
S.R. 832
S.R. 832
S. 1411
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To authorize the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reser-
vation to consolidate its landholdings in North Dakota and South Dakota, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Interior is authorized, at his discretion and upon the request
of the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reser-
vation or its designated agent in the States of North Dakota and South
Dakota, to acquire through purchase, gift, or exchange any lands or
interest in lands within the boundaries of the Lake Traverse Reserva-
tion in North Dakota and South Dakota for the purpose of consoli-
dating landholdings, eliminating fractionated heirship interests in
Indian trust lands, providing land for any tribal program for the
improvement of the economy of the tribe and its members through
the development of industry, recreational facilities, housing projects,
and the general rehabilitation and enhancement of the total resource
potential of the reservation. For the purchase of such lands or interests
in lands the use of any funds available to the tribe from any source is
authorized and title to any land acquired under the authority of this
Act shall be taken in the name of the United States in trust for the
Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation
in North Dakota and South Dakota.
SEC. 2. (a) Notwithstanding any other provision of law, the Sisseton
and Wahpeton Sioux Tribe of the Lake Traverse Reservation, acting
through its governing body or its designated agent, is authorized with
the approval of the Secretary of the Interior to exchange or sell any
tribal real property not needed or suitable for use by the tribe or SO
situated or located that it would be to the economic advantage of the
tribe to sell or exchange the property; except that (1) any such sale
shall be by competitive sealed bidding, and a preference shall be given
to enrolled members of the Sisseton Whapeton Sioux Tribe of the
Lake Traverse Reservation to match the high bid; (2) the amount or
exchange value received for the property shall not be less than the
fair market value thereof as determined by the Secretary of the Inte-
rior or his duly authorized representative; (3) if lands involved in
an exchange are not of equal value, the difference in value shall be
paid in money; (4) any proceeds from the sale of land under this
authority or money received to equalize an exchange shall be used
exclusively for the purchase of other land on the reservation; (5) title
to any land acquired for the tribe under this authority shall be taken
in the name of the United States in trust for the tribe; and (6) if an
enrolled member of the Sisseton and Wahpeton Sioux Tribe of the
Lake Traverse Reservation acquires land from the tribe under this
Act, title may, with the approval of the Secretary of the Interior, be
taken in the name of the United States in trust for the use and benefit
of such member.
(b) All of the foregoing provisions of this Act shall be construed
to be exclusive to resident United States citizens enrolled as mem-
bers of the Sisseton Whapeton Sioux Tribe of the Lake Traverse
Reservation.
SEC. 3. All lands acquired by the United States in trust for the tribe
or members thereof under the authority of this Act shall be exempt
from State and local taxation.
S. 1411-2
SEC. 4. Any tribal land may, with the approval of the Secretary
of the Interior, be encumbered by a mortgage or deed of trust, and
shall be subject to foreclosure or sale pursuant to the terms of such
mortgage or deed of trust in accordance with the laws of the State
in which the land is located. For the purpose of the foreclosure or
sale proceeding, the Sisseton and Wahpeton Sioux Tribe of the Lake
Traverse Reservation shall be regarded as vested with an unrestricted
fee simple title to the land. The United States shall not be a necessary
party to the foreclosure or sale proceeding, and any conveyance of
the land pursuant to such proceeding shall divest the United States
of title to the land. Title to any land redeemed or acquired by the tribe
at such foreclosure or sale proceeding shall be taken in the name of
the United States in trust for the tribe, and title to any land pur-
chased by an individual member of the tribe at such proceeding may,
with the approval of the Secretary of the Interior, be taken in the
name of the United States in trust for the use and benefit of the
individual Indian purchaser.
SEC. 5. The Secretary of the Interior is authorized to take such
action as may be necessary to carry out the purposes of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
CORRECTED
SHEET
S. 1411
29
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To authorize the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reser-
vation to consolidate its landholdings in North Dakota and South Dakota, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Interior is authorized, at his discretion and upon the request
of the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reser-
vation or its designated agent in the States of North Dakota and South
Dakota, to acquire through purchase, gift, or exchange any lands or
interest in lands within the boundaries of the Lake Traverse Reserva-
tion in North Dakota and South Dakota for the purpose of consoli-
dating landholdings, eliminating fractionated heirship interests in
Indian trust lands, providing land for any tribal program for the
improvement of the economy of the tribe and its members through
the development of industry, recreational facilities, housing projects,
and the general rehabilitation and enhancement of the total resource
potential of the reservation. For the purchase of such lands or interests
in lands the use of any funds available to the tribe from any source is
authorized and title to any land acquired under the authority of this
Act shall be taken in the name of the United States in trust for the
Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation
in North Dakota and South Dakota.
SEC. 2. (a) Notwithstanding any other provision of law, the Sisseton
and Wahpeton Sioux Tribe of the Lake Traverse Reservation, acting
through its governing body or its designated agent, is authorized with
the approval of the Secretary of the Interior to exchange or sell any
tribal real property not needed or suitable for use by the tribe or SO
situated or located that it would be to the economic advantage of the
tribe to sell or exchange the property; except that (1) any such sale
shall be by competitive sealed bidding, and a preference shall be given
to enrolled members of the Sisseton Wahpeton Sioux Tribe of the
Lake Traverse Reservation to match the high bid; (2) the amount or
exchange value received for the property shall not be less than the
fair market value thereof as determined by the Secretary of the Inte-
rior or his duly authorized representative; (3) if lands involved in
an exchange are not of equal value, the difference in value shall be
paid in money; (4) any proceeds from the sale of land under this
authority or money received to equalize an exchange shall be used
exclusively for the purchase of other land on the reservation; (5) title
to any land acquired for the tribe under this authority shall be taken
in the name of the United States in trust for the tribe; and (6) if an
enrolled member of the Sisseton and Wahpeton Sioux Tribe of the
Lake Traverse Reservation acquires land from the tribe under this
Act, title may, with the approval of the Secretary of the Interior, be
taken in the name of the United States in trust for the use and benefit
of such member.
(b) All of the foregoing provisions of this Act shall be construed
to be exclusive to resident United States citizens enrolled as mem-
bers of the Sisseton Wahpeton Sioux Tribe of the Lake Traverse
Reservation.
SEC. 3. All lands acquired by the United States in trust for the tribe
or members thereof under the authority of this Act shall be exempt
from State and local taxation.
S. 1411
29
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To authorize the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reser-
vation to consolidate its landholdings in North Dakota and South Dakota, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Interior is authorized, at his discretion and upon the request
of the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reser-
vation or its designated agent in the States of North Dakota and South
Dakota, to acquire through purchase, gift, or exchange any lands or
interest in lands within the boundaries of the Lake Traverse Reserva-
tion in North Dakota and South Dakota for the purpose of consoli-
dating landholdings, eliminating fractionated heirship interests in
Indian trust lands, providing land for any tribal program for the
improvement of the economy of the tribe and its members through
the development of industry, recreational facilities, housing projects,
and the general rehabilitation and enhancement of the total resource
potential of the reservation. For the purchase of such lands or interests
in lands the use of any funds available to the tribe from any source is
authorized and title to any land acquired under the authority of this
Act shall be taken in the name of the United States in trust for the
Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation
in North Dakota and South Dakota.
SEC. 2. (a) Notwithstanding any other provision of law, the Sisseton
and Wahpeton Sioux Tribe of the Lake Traverse Reservation, acting
through its governing body or its designated agent, is authorized with
the approval of the Secretary of the Interior to exchange or sell any
tribal real property not needed or suitable for use by the tribe or so
situated or located that it would be to the economic advantage of the
tribe to sell or exchange the property; except that (1) any such sale
shall be by competitive sealed bidding, and a preference shall be given
to enrolled members of the Sisseton Whapeton Sioux Tribe of the
Lake Traverse Reservation to match the high bid; (2) the amount or
exchange value received for the property shall not be less than the
fair market value thereof as determined by the Secretary of the Inte-
rior or his duly authorized representative; (3) if lands involved in
an exchange are not of equal value, the difference in value shall be
paid in money; (4) any proceeds from the sale of land under this
authority or money received to equalize an exchange shall be used
exclusively for the purchase of other land on the reservation; (5) title
to any land acquired for the tribe under this authority shall be taken
in the name of the United States in trust for the tribe; and (6) if an
enrolled member of the Sisseton and Wahpeton Sioux Tribe of the
Lake Traverse Reservation acquires land from the tribe under this
Act, title may, with the approval of the Secretary of the Interior, be
taken in the name of the United States in trust for the use and benefit
of such member.
(b) All of the foregoing provisions of this Act shall be construed
to be exclusive to resident United States citizens enrolled as mem-
bers of the Sisseton Whapeton Sioux Tribe of the Lake Traverse
Reservation.
SEC. 3. All lands acquired by the United States in trust for the tribe
or members thereof under the authority of this Act shall be exempt
from State and local taxation.
S. 1411-2
SEC. 4. Any tribal land may, with the approval of the Secretary
of the Interior, be encumbered by a mortgage or deed of trust, and
shall be subject to foreclosure or sale pursuant to the terms of such
mortgage or deed of trust in accordance with the laws of the State
in which the land is located. For the purpose of the foreclosure or
sale proceeding, the Sisseton and Wahpeton Sioux Tribe of the Lake
Traverse Reservation shall be regarded as vested with an unrestricted
fee simple title to the land. The United States shall not be a necessary
party to the foreclosure or sale proceeding, and any conveyance of
the land pursuant to such proceeding shall divest the United States
of title to the land. Title to any land redeemed or acquired by the tribe
at such foreclosure or sale proceeding shall be taken in the name of
the United States in trust for the tribe, and title to any land pur-
chased by an individual member of the tribe at such proceeding may,
with the approval of the Secretary of the Interior, be taken in the
name of the United States in trust for the use and benefit of the
individual Indian purchaser.
SEC. 5. The Secretary of the Interior is authorized to take such
action as may be necessary to carry out the purposes of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
October 17, 1974
Dear Mr. Director:
The following bills were received at the White House on
October 17th:
S.J. Res. 236
S. 2840
H.R. 7768
H.R. 14225
S.J. Res. 250
S. 3007
H.R. 7780
H.R. 14597
S.J. Res. 251
S. 3234
H.R. 11221
H.R. 15148
S. 355
S. 3473
H.R. 11251
H.R. 15427
S. 605
S. 3698
H.R. 11452
H.R. 15540
S. 628
S. 3792
H.R. 11830!
H.R. 15643
S. 1411
S. 3838
H.R. 12035
H.R. 16857
S. 1412
S. 3979
H.R. 12281
H.R. 17027
S. 1769
H.R. 6624
H.R. 13561
S. 2348
H.R. 6642
H.R. 13631
Please let the President have reports and recommendations
as to the approval of these bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable Roy L. Ash
Director
Office of Management and Budget
Washington, D. C.