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The original documents are located in Box 3, folder "Land Issues" of the Bradley H.
Patterson 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 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States of America his copyrights in all of his unpublished writings in National Archives collections.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
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copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 3 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library
94TH CONGRESS
2D SESSION
H. R. 14417
GERALO, FORD LIBRARY
IN THE HOUSE OF REPRESENTATIVES
JUNE 16, 1976
Mr. MEEDS (for himself, Mr. LUJAN, Mr. DON H. CLAUSEN, and Mr. SYMMS)
introduced the following bill; which was referred to the Committee on
Interior and Insular Affairs
A
BILL
To authorize Indian tribes to consolidate their land holdings, to
provide for inventories of Indian trust resources, and for
other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3
That this Act may be cited as the "Indian Land Consolida-
4 tion and Resources Inventory Act".
5
SEC. 2. For the purposes of this Act-
6
(a) "Secretary" means the Secretary of the In-
7
terior;
8
(b) "tribe" means any Indian tribe, band, group,
9
pueblo, or community for which or for the member
10
of which, the United States holds lands in trust;
I
2
3
1
(c) "tribal member" means any citizen of the
1 action shall be taken under this title which the Secretary
2
United States who is an enrolled or otherwise recog-
2 determines is either prohibited by, or inconsistent with, the
3
nized member of the tribe involved;
3 provisions of the tribal governing documents of the tribe
4
(d) "tribal governing documents" includes, but
4 involved.
5
is not limited to, constitutions, articles of associa-
5
(c) The authority conferred by this title shall be in
6
tion, and those ordinances and resolutions properly
6 addition and supplemental to any other authority granted to
7
adopted by the general council of the members of the
7 the Secretary and the tribes with respect to which a land
8
tribe or other properly recognized general governing
8 consolidation plan has been approved in accordance with
9
body composed of the tribal membership; and
9 subsection (a) of this section.
10
(e) "trust lands" means lands title to which is held
10
SEC. 102. The Secretary shall, pursaunt to the provi-
11
by the United States in trust for an Indian or Indian
11 sions of this title and upon the request of the governing
12
tribe and lands title to which is held by an Indian tribe
12 body of an Indian tribe, or its designated agent, acquire,
13
subject to a restriction by the United States against
13 through purchase, donation, exchange, or assignment, any
14
alienation.
14 land or interest in land within the boundaries of the request-
15
TITLE I-TRIBAL LAND CONSOLIDATION
15 ing tribe's reservation for the purpose of consolidating tribal
16
SEC. 101. (a) Except to the extent provided in section
16 land holdings; eleminating fractional heirship interests in
17 103 (b) of this title, the provisions of this title shall be appli-
17 Indian trust land; providing land for any tribal program for
18 cable to any tribe which adopts a land consolidation plan
18 the improvement of the economy of the tribe and its mem-
19 and submits such plan to the Secretary, which plan shall
19 bers through the development of industry, recreational facil-
20 become effective upon its approval by the Secretary.
20 ities, and housing projects; and the general rehabilitation
21
(b) Nothing in this title shall be construed as super-
21 and enhancement of the total resource potential of the reser-
22 seding or overriding any provision of any tribal governing
22 vation. For the purchase of such lands or interests in lands,
23 document, except in the case of a referendum election car-
23 the use of any funds available to and identified by the tribe
24 ried out in accordance with section 103 (b) of this title.
24 from any source is hereby authorized, and title to any land
25 Except in the case of any such referendum election, no
4
5
1 acquired under the authority of this section shall be taken in
1 (5) title to any land acquired for a tribe pursuant to this
2 the name of the United States in trust for the tribe.
2 section shall be taken in the name of the United States in
3
SEC. 103. (a) Notwithstanding any other provision of
3 trust for the tribe; and (6) if a tribal member acquires land
4 law, any tribe, acting through its governing body or through
4 from such tribe pursuant to this section, title shall be taken
5 its designated agent, is authorized pursuant to the provisions
5 in the name of the United States in trust for such member.
6 of this title and a land consolidation plan approved by the
6
(b) The provisions of this section shall not be applicable
7 Secretary, to exchange or sell any tribal land or interests
7 to any tribe unless a majority of the total adult membership
8 in land not needed or suitable for use by the tribe or SO
8 of that tribe has first voted, in a referendum election re-
9 situated and located that it would be to the economic or social
9 quested by the governing body of the tribe and called by the
10 advantage of the tribe to sell or exchange the property:
10 Secretary, to come within the purview of such provisions.
11 Provided, That (1) any such sale shall be by competitive
11
SEC. 104. (a) Any Indian tribe may, by appropriate
12 sealed bidding, except that tribal members shall have the
12 action of its governing body, provide that no undivided frac-
13 option to purchase by matching the high bid; (2) the sales
13 tional interest in trust lands within its reservation, whether
14 price or exchange value received by the tribe for land or
14 held in fee or in trust, of an appraised value of $100 or less
15 interests in land covered by this section shall not be less than
15 shall thereafter descend by intestacy, but shall escheat to
16 the fair market value thereof as determined by the Secretary;
16 such tribe and title to such escheated interest shall be taken
17 (3) if the tribal land involved in an exchange is of greater
17 in the name of the United States in trust for such tribe. The
18 value than the land for which it is being exchanged, the
18 Secretary, in carrying out his responsibility to regulate the
19 tribe may accept cash from the grantor in such exchange in
19 descent and distribution of trust lands under section 1 of the
20 order to equalize the values of the properties exchanged; (4)
20 Act of June 25, 1910 (36 Stat. 855; 25 U.S.C. 372), as
21 any proceeds from the sale of land or interests in land or
21 amended, and other laws, shall give full force and effect to
22 money received by the tribe to equalize an exchange made
22 any tribal action under this subsection.
23 pursuant to this section shall be used exclusively for the
23
(b) Any Indian tribe may purchase, at fair market
24 purchase of other land or interests in land pursuant to a land
24 value, the undivided fractional interest or interests of any
25 consolidation plan of such tribe approved by the Secretary;
25 tribal member in trust lands within its reservation notwith-
H.R. 14417-2
6
7
1 standing the absence of consent of other owners of undivided
1
SEC. 105. All land or interests in land acquired by the
2 interests in such lands. Such purchase shall be subject to the
2 United States in trust for tribes or tribal members under
3 approval of the Secretary, who shall determine fair market
3 authority of this title shall be exempt from Federal, State, and
4 value, and title to such interest shall be taken in the name of
4 local taxation.
5 the United States in trust for the Indian tribe.
5
SEC. 106. No provision of or any action taken pursuant
6
(c) Any tribal member, owning undivided fractional
6 to this title shall affect criminal or civil jurisdiction within
7 interests in two or more tracts of trust land, may, with the
7 any Indian reservation or the definition of "Indian country"
8 approval of the Secretary and the consent of the Indian tribe
S as that term is defined in section 1151, title 18, United
9 in whose reservation such tracts are located, exchange such
9 States Code: Provided, That the acquisition of lands by the
10 interests for the assignment of a life estate in a tract of tribal
10 United States in trust for an Indian tribe pursuant to this
11 land of equal value: Provided, That the value of the assigned
11 title shall not confer any hunting or fishing rights upon such
12 lands may be of a value less than the interests exchanged
12 tribe which were not vested in such tribe prior to the acquisi-
13 upon a specific finding by the Secretary that such exchange
13 tion of such lands.
14 is in the best interest of the tribal member. The grant of an
14
TITLE II-TRIBAL RESOURCE INVENTORY
15 exchange assignment of tribal lands shall have the same
15
SEC. 201. The Congress finds and declares that the
16 force and effect, and shall confer the same rights, including
16 United States has charged itself with a trust responsibility
17 all timber, minerals, and water rights vested in or held by
17 for the lands and other natural resources of Indian tribes
18 the tribe, upon the holder thereof, that are conveyed by a
18 and that, in implementing that responsibility, it should as-
19 trust patent issued pursuant to section 25 of the Act of
19 sure the protection, preservation, and orderly development
20 February 8, 1887 (24 Stat. 389), as amended and sup-
20 of such resources for the economic and social benefit of the
21 plemented, except that the period of trust and tax exemp-
21 tribe and its members. The Congress further finds and de-
22 tion shall continue until otherwise directed by Congress.
22 clares that, in order for the United States and its agents to
23 The undivided interests exchanged to the tribe shall be taken
23 adequately carry out such trust responsibility, it is a pre-
24 in the name of the United States in trust for such tribe.
24 requisite that the United States cause resource inventories
8
9
1 to be made of each Indian tribe's land and other natural
1
(d) In carrying out inventories pursuant to this section,
2 resources.
2 the Secretary shall, from time to time, consult with such
3
SEC. 202. (a) Within one bundred and eighty days
3 tribe with respect thereto.
4 after the date of enactment of this Act, the Secretary shall
4
SEC. 203. All data, reports, communications, or any
5 submit to the Congress and each Indian tribe a plan for the
5 other material developed by the Secretary in carrying out
6 conduct of resource inventories of land and other natural
6 his trust responsibility pursuant to this title or other provi-
7 resources of Indian tribes, and a timetable for carrying out
7 sion of law and any communication between the Secretary
8 such plan. The plan shall include, among other things, fac-
8 or his delegate and any Indian tribe or member thereof or
9 tors and considerations involved in such inventories; the list
9 their agents with respect to the trust resources of such tribe
10 of Indian tribes, in order of priority, for whom such in-
10 or member shall not, without the consent of such tribe or
11 ventories will be conducted; and an estimate of the total
11 member, be subject to the provisions of the Act of Septem-
12 funds required for such inventories.
12 ber 6, 1966 (80 Stat. 383).
13
(b) Sixty days prior to the end of the fiscal year suc-
13
SEC. 204. In carrying out his trust responsibility under
14 ceeding the fiscal year in which this Act is enacted and sixty
14 this title, the Secretary is authorized to enter into inter-
15 days prior to the end of each fiscal year thereafter, the Sec-
15 agency agreements with any other department, agency, or
16 retary shall submit to the Congress a list of Indian tribes
16 instrumentality of the United States for the use of their
17 for whom resource inventories will be initiated in the suc-
17 resources and capabilities on a reimbursable or nonreim-
18 ceeding fiscal year and an estimate of the amount of funds
18 bursable basis. To the extent of such agreement, the depart-
19 necessary for such inventories.
19 ment, agency, or instrumentality shall be deemed to repre-
20
(c) Notwithstanding the foregoing provisions of this
20 sent the United States as a trustee and shall be subject to
21 section, the Secretary shall not conduct any such inventory
21 the provisions of section 203 of this Act.
22 with respect to any tribe, if the governing body of that tribe
23 has notified the Secretary, in writing, that it does not wish
24 to have such inventory carried out with respect to its lands
25 and resources.
94TH CONGRESS
2D SESSION
H. R. 14417
A BILL
To authorize Indian tribes to consolidate their
land holdings, to provide for inventories of
Indian trust resources, and for other pur-
poses.
By Mr. MEEDS, Mr. LUJAN, Mr. DON H.
CLAUSEN, and Mr. SYMMS
JUNE 16, 1976
Referred to the Committee on Interior and Insular
Affairs
INT: 6221 - 76
THE WHITE HOUSE
WASHINGTON
Ralph Keen
OTR- - BIA
343- 7513
14417
FORD & LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
ot Resp
74
+ albuguergrees
(funds)
+ rights protection Offices
staffs in acea
are V Cal
gractically ares" irrigable
Definition of this please
BIAU B Ree.
STATEM is OF THE INTERIOR
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
WASHINGTON, D. C. 20245
March 1849
IN REPLY REFER TO:
August 26, 1976
Memorandum
To:
Brad Patterson
Rabh S.Kee
From:
Acting Director, Office of Trust Responsibilities
Subject: Your Request for Information on Applicability of
HR 14417 to School Land Problems
As you requested, I checked with Mr. Ralph Reeser of our
Congressional and Legislative Affairs Staff concerning the
above question.
He informs me that, as currently written, the Bill would
allow tribes to purchase lands from the state. Also, that
there may be a possibility of a reversionary clause that
may be available, depending upon the manner in which the
state took title. I will check further on this before our
meeting on August 30, 1976.
FORD LIBRARY is
Enclosure
CONSERVE
AMERICA'S
ENERGY
Save Energy and You Serve Americal
AUG 2 4 1976
Memorandum
To:
Legislative Counsel
Through: Commissioner of Indian Affairs
From:
Director, Congressional and Legislative Affairs Staff, BIA
Subject: H.R. 14417, a bill to authorize Indian tribes to consolidate
their land holdings, to provide for inventories of Indian
trust resources, and for other purposes.
We recommend that H.R. 14417 be enacted with the amendments suggested
below.
OVERVIEW AND DISCUSSION
Land consolidation and natural resource inventories are two of the most
widespread needs of Indian tribes. The absence of effective programs to
meet these needs has been a serious impediment to Indian economic develop-
ment and self-sufficiency. This bill will greatly facilitate Indian land
consolidation programs and will mandate the preparation of trust resource
inventories.
Title I of the bill is concerned with "Tribal Land Consolidation", that is,
the acquisition by tribes of contiguous economic size units of land. The
need for land consolidation programs for most tribes has arisen from tribal
lands being ceded to or taken by the United States and, much more signifi-
cantly, by various allotment acts, especially the General Allotment Act of
1887 (24 Stat. 388; 25 USC 331 et. seq.).
The allotment acts provided that individual Indians would be allotted
portions of their tribal lands and that surplus tribal lands would be sold
to homesteaders or others. This has resulted in a "checkerboarding" of
the reservations, that is a kind of land ownership patchwork of tribal
land, allotted land, and non-Indian land within the reservations. This has
caused jurisdictional disputes between Indians and non-Indians and a
pattern of land ownership in economically unfeasible units of land.
2
Another very serious problem arising from the allotment program is usually
termed "fractionated heirship", which means that the heirs or devisees of
allotment owners receive an undivided interest in the allotment. Owner-
ship has become so fractionated that there are often scores and even
hundreds of owners of an allotment which may have been too small to be an
economic unit in the first place. In such cases, it becomes very diffi-
cult to utilize the land to the economic benefit of any of the owners.
Further, because of the numerous and complex fractionated land ownership
cases, the Bureau of Indian Affairs is burdened with increasingly complex
land management operations including the distribution of the income
received from the use of such land among the numerous owners.
Enclosed for your further information is a historical summary of the
origin and growth of the allotment-fractionated heirship problem which was
prepared in 1959 in response to a congressional request.
We believe that there is a need for legislation, such as title I of
H.R. 14417, to provide comprehensive land consolidation authority for
those tribes who have a need for land consolidation. The statutory
authority used most often in connection with tribal land consolidation
programs is sections 4 and 5 of the Indian Reorganization Act (48 Stat.
984; 25 U.S.C. 464 and 465), and section 1 of the Oklahoma Indian Welfare
Act (49 Stat. 1967; 25 U.S.C. 501). These Acts do not cover all of the
tribes recognized by the Secretary of the Interior. With respect to the
tribes to which they do apply, these two Acts give the Secretary authority
to accept gifts of land for tribes and allow exchanges of land, but do not
provide authority for the sale of tribal lands held in trust by the
United States.
In recent years, a number of tribes have requested and received special
legislative authority to carry out land consolidation programs. Enclosed
is a listing of tribes with such special legislative authority. As the
list shows, more and more tribes have been seeking this authority in
recent years. Enactment of general authorities as proposed in H.R. 14417
will eliminate the need for legislative action on an individual tribe by
tribe basis.
Title II of the bill provides for inventories of the lands and natural
resources of Indian tribes held in trust by the United States. These
inventories would relate mainly to the quantities and values of: minerals,
including coal, gas, oil, and water; timber; and land, including rangeland
for grazing, and arable land for agriculture.
We believe that the development of such inventories would he of great
assistance in the exercise of the Secretary's trust responsibilities as
well as providing a necessary tool for tribal planning of land use and
resource development.
ANALYSIS OF H.R. 14417
Sec. 1. Provides the short title: "Indian Land Consolidation and
Resources Inventory Act."
3
Sec. 2. Defines various terms used in the bill.
TITLE I-TRIBAL LAND CONSOLIDATION
Sec. 101(a). Makes the title applicable (except to the extent provided
in section 103(b)) to a tribe that adopts and submits to the Secretary
for approval a land consolidation plan which becomes effective upon his
approval.
Sec. 101(b). Provides that except in the case of a referendum under
section 103(b), the provisions of the title do not override any tribal
governing documents, and no action may be taken under the title which is
inconsistent with such documents.
Sec. 101(c). Provides that the authority conferred by this title shall
be in addition and supplemental to any other authority granted the
Secretary and the tribes with approved land consolidation plans.
Sec. 102. Authorizes the Secretary, upon the request of a tribe and
pursuant to this title, to acquire land or interests in land for a tribe
within its reservation boundaries for land consolidation and certain
other purposes. It also provides that such funds as are available and
identified by the tribe may be used for purchases, and that title to
lands so acquired are to be taken in the name of the United States in
trust for the tribe.
Sec. 103(a). Authorizes a tribe to soll or exchange tribal lands
pursuant to an approved land consolidation plan under the following
limitations:
(1) Sales must be by sealed bid, with tribal members having
the right to purchase by meeting the high bid.
(2) Sales price or exchange value received by 8 tribe must
FORD is LIBRARY GERALD
be not less than the fair market value.
(3) Where tribal land is to be exchanged for lands of less
value, tribe may accept cash to equalize the exchange.
(4) Proceeds from sales or exchanges must be used exclu-
sively for the purchase of other lands for the tribe.
(5) Title to lands acquired for the tribe are to be taken
in the name of the United States in trust for the tribe.
(6) Title to lands acquired by an individual Indian from
a tribe will be taken in trust by the United States.
4
Sec. 103(b). Provides that the section shall not be applicable to any
tribe unless a majority of the adult members have voted for its applica-
tion in a referendum election requested by the tribal governing body and
called by the Secretary.
Sec. 104(a). Provides that a tribal governing body may act to provide
that no fractional interest in trust lands within its reservation (whether
held in trust or fee) of an appraised value of $100 or less shall there-
after descend by intestate succession, shall escheat, in trust to the
tribe. The Secretary carrying out his statutory responsiblity to probate
Indian trust estates would be required to give effect to a tribe's action
under this subsection.
Sec. 104(b). Permits a tribe to purchase, at fair market value, any
tribal member's fractional interests in trust lands within its reserva-
tion without the consent of the other owners of undivided interests. The
Secretary would determine fair market value and would take the fractional
interest in the land in trust for the tribe.
Sec. 104(c). Permits a tribal member, owning fractional interests in
FORD LIBRARY
or more tracts of trust land, to agree with the tribe to exchange such
interests to the tribe in return for an assignment of a life estate in a
tract of tribal lands. The value of such assigned tribal land must have
a value not less than that of the exchanged interests unless the Secretary
determines that the exchange is in the best interest of the member. While
the exchange assignment would be in the nature of a life estate the sub-
section would confer upon it all the attributes of a trust allotment under
the General Allotment Act of 1887 (25 U.S.C. 331 et seq.) including timber,
minerals, and water rights, but the period of trust and tax exemption
would continue until otherwise directed by the Congress. The undivided
interests exchanged to the tribe would be taken in the name of the
United States in trust for the tribe.
Sec. 105. Provides that all lands or interests therein acquired in trust
by the United States for tribes or tribal members under this title shall
be exempt from Federal, State, and local taxation.
Sec. 106. Provides that no provision of or action pursuant to this title
shall affect the civil or criminal jurisdiction on any Indian reservation
or the definition of Indian country in 18 U.S.C. 1151. It further pro-
vides that the acquisition of land for an Indian tribe hereunder shall
not confer any additional hunting or fishing rights which were not vested
in the tribe prior to such acquisition.
TITLE II -- TRIBAL RESOURCE INVENTORY
Sec. 201. Declares and finds that (1) the United States has charged
itself with a trust responsibility for the lands and natural resources of
5
Indian tribes and it should assure the protection, preservation, and
orderly development of such resources for the economic and social benefit
of the tribe and its members, and (2) in order to carry out this responsi-
bility, it is necessary that inventories be made of such lands and
resources.
Sec. 202(a). Requires the Secretary to submit within 180 days of enact-
ment a plan and timetable for the conduct of inventories of Indian lands
and natural resources and sets out some of the elements to be included
in such plan.
Sec. 202(b). Requires the Secretary, to annually submit to the Congress
a list of the tribes for whom inventories will be initiated the follow-
ing year and the amount of funds needed for each fiscal year.
Sec. 202(c). Gives any tribe the power to veto the conduct of any
inventories with respect to its lands and resources.
Sec. 202(d). Requires consultation with tribes on a periodic basis
while conducting such inventories.
GERALD FORD LIBRARY
Sec. 203. Prohibits disclosure under the Freedom of Information Act (S
U.S.C. 522) of information, data, etc., developed by the Secretary in
carrying out his trust responsibility and relating to the private trust
assets and resources of any Indian tribe or member, unless consented to
by the tribe or member involved.
Sec. 204. Authorizes the Secretary to enter into agreements with other
Federal entities in carrying out his trust responsibility under this
title and provides that, to that extent, such entities shall be deemed
agents of the trust and subject to section 203.
AMENDMENTS TO H.R. 14417
We suggest the following revision of the section 2(e) definition of
"trust lands" to include interests in lands and lands held by individual
Indians subject to a restriction against alienation imposed by the
United States:
"(c) 'trust lands' means lands (including any interests therein)
title to which is held (1) by the United States in trust for an
Indian or Indian tribe, or (2) by an Indian or Indian tribe
subject to a restriction by the United States against alienation;"
The bill as drafted would not provide land consolidation authorities for
tribes located in Oklahoma. To provide for those tribes, we recommend
the addition of the following new section 2(f) definition of the term
"reservation" as used in the bill:
6
"(f) 'reservation' means those lands within or adjacent to
the boundaries (as determined or recognized by the Secretary)
of a tribe's reservation, or those lands in Oklahoma (1)
within the boundaries (as determined or recognized by the
Secretary) of former reservations or (2) contiguous to land
held in trust for an Oklahoma Indian tribe."
We have a number of suggested amendments to Title I and we have incorp-
orated them into the attached proposed substitute for that title.
Section 101(a) in the substitute would be revised to provide for the
title to become applicable to a tribe "upon approval by the Secretary"
of a land conselidation plan adopted by the tribe. In addition, we have
added a provision that the title would cease being applicable to any
such tribe should it rescind its plan and so notify the Secretary.
Section of the substitute would preclude actions under title I
which are determined by the tribe to be prohibited by, or inconsistent
with the tribal governing document (rather than the Secretary being the
only one authorized to make such determinations).
Section 101(c) of the substitute would shorten the provision without
changing its meaning.
Section 102 of the substitute would make clear that all types of acqui-
sitions are included to provide the tribes with the maximum amount of
flexibility. We have also added a proviso to make clear that the
authority in the second sentence (beginning on page 3 line 22) does not
include the acquisition of lands with funds which were appropriated or
contracted for other purposes. Other changes in the section are merely
technical or editorial in nature.
Section 103(a) of the substitute would make clear that in addition to
the tribes, the Secretary, in accordance with a tribal request, is also
authorized to exchange, sell, or otherwise convey tribal trust lands or
interests therein. In most cases, the title to tribal "trust lands" is
in the United States in trust for the tribe.
The revised section 103 would require the "value of the consideration
received" by 3 tribe for lands or interests therein to not be less than
the fair market value thereof. The revision eliminates the need for a
special provision dealing with equalizing values in exchanges of lands
of unequal value and does not restrict the type of approvable consider-
ation to cash and land. Other changes in the section aro of a technical
or editorial nature.
7
Section 103(b) of the substitute would provide that the referendum
election in which a tribe votes on the application of section 103 to
their tribe would also include voting on amendments to their tribal
governing documents to eliminate any provisions which would prohibit or
be inconsistent with any actions authorized by section 103. We believe
that amendment of the tribal governing documents is preferable to having
the authority in H.R. 14417 overriding such documents for on indefinite
period. However, the substitute does provide that such amendments would
be effective if approved by at least two-thirds of those voting, or by
such lesser number as may be required for such amendments under terms of
the tribal governing documents. The latter provision would permit
amendments where the tribal governing documents include a requirement
for approval of amendments by a percentage based on tribal membership
which may be difficult to achieve in some cases because of a large
number of members living off reservation.
Section would be redesignated as section 104 in our substitute
because it deals with escheat of certain undivided interests in trust
lands whereas the other subsections provide authority for purchase and
exchange of such interests. A number of clarifying and editorial changes
are included in the substitute.
Section 104(b) [section 105 in the substitute] would be amended to make
clear that a tribe may purchase any undivided interest in trust lands
including those owned by non-Indians.
Section 104(c) [section 106 in the substitute] would be amended to make
clear that non-Indians as well as tribal members owning undivided interests
in trust lands may participate in the authorized exchanges with the tribes.
We have also omitted the listing of property rights which were conveyed
under the General Allotment Act because there is some disagreement in that
regard which may have to be settled by litigation. In addition, the sub-
stitute would permit voluntary exchanges of individually owned land for
assignments of life estates in tribal lands.
The text of the last two sections of Title I are unchanged in the substi-
tute. Section 201 should be amended by deleting "preservation" on line 19,
page 7 and substituting therefore "conservation". The term "conservation"
is more frequently used in connection with natural resources and it has
the connotation of wise use and nurture whereas "preservation" connotes
keeping "as is" without improvement.
We recommend that either section 202(a) be amended to delete on page 8,
line 10 the phrase "in order of priority" or that some standards be pro-
vided by which priorities among tribes are to be established.
Although it does not expressly 30 state, we assume that the intent of
section 202(b) is that the information specified be submitted not later
than sixty days prior to the fiscal year ends involved and not that such
8
information is only to be submitted on the sixtieth day proceding such
year ends. However, we suggest that the information would be more
appropriately included in OUT budget justifications to the Congress and
we therefore recommend that the subsection be deleted.
We also recommend that section 202(c) be deleted. In his capacity as
trustee, the Secretary should not be precluded from undertaking activi-
ties such as those involved in conducting an inventory of the lands and
resources held in trust for the tribe.
We recommend that section 203 be amended by deleting "A11" on page 9,
line 4 and inserting "No"; by deleting "any" on line 7 and inserting
"no"; and by deleting all of lines 10, 11, and 12 and inserting "or
member shall be disclosed (other than to appropriate agents and employees
of the Secretary) without the consent of such tribe or member." We
believe that such a prohibition is more appropriate and would provide the
intended Freedom of Information Act exemption under the provision of that
Act codified in 5 U.S.C. 552(b)(3).
FORD & LIBRARY GERALD
(Sgd) Ralph Reeser
Ralph R. Reeser
Inclosures
cc: 200/202-Gordon
220
TITLE I - TRIBAL LAND CONSOLIDATION
SEC. 101. (a) Except to the extent provided in section 103(b) of this
title, the provisions of this title shall be applicable to any tribe
upon approval by the Secretary of a land consolidation plan adopted by
the tribe. The provisions of this title shall cease being applicable
to such a tribe when it rescinds or repeals its plan and so notifies
the Secretary.
(b) Except in the case of a referendum election carried out in
accordance with section 103(b) of this title, nothing in this title
shall be construed as superseding or overriding any provision of any
tribal governing document and no action shall be taken under this title
which the Secretary or the tribe involved determines is either prohibited
by, or inconsistent with, the provisions of the tribal governing docu-
ments of such tribe.
(c) The authority conferred by this title shall be in addition and
supplemental to any other authority granted to the Secretary and each
tribe to which it applies.
SEC. 102. Pursuant to the provisions of this title and upon the request
of an Indian tribe, or its designated agent, the Secretary is authorized
to acquire (through purchase, donation, exchange, assignment, or other-
wise) any land or interest in land within the boundaries of the requesting
tribe's reservation for the purpose of consolidating tribal land hold-
ings; eliminating fractional heirship interests in Indian trust land;
providing land for any tribal program for the improvement of the economy
of the tribe and its members including, but not limited to the develop-
ment of industry, recreational facilities, and housing projects; or the
2
general rehabilitation and enhancement of the total resource potential
of the reservation. For the acquisition of such lands or interests in
lands, the use of any funds available to and identified by the tribe
from any source is hereby authorized: Provided, that such authorization
does not extend to funds made available to the tribe for other purposes
pursuant to law, contract, or agreement. The title to any lands or
interests in lands acquired under the authority of this section shall
be taken in the name of the United States in trust for the tribe.
SEC. 103. (a) Notwithstanding any other provision of law, and pursuant
to the provisions of this title and a land consolidation plan approved
FORD is LIBRARY GRAVID
by the Secretary, any tribe, or its designated agent, (or the Secretary
in accordance with a request of such tribe or agent) is authorized to
exchange, sell, or otherwise convey any tribal trust lands or interests
in trust lands not needed or suitable for use by the tribe or so situated
and located that it would be to the economic or social advantage of the
tribe to dispose of such lands or interests: Provided, That -
(1) any such sale shall be by competitive sealed bidding,
except that tribal members shall have the option to purchase
by matching the highest bid;
(2) the value of the consideration received by the tribe for
such lands or interests shall not be less than the fair
market value thereof as determined by the Secretary;
3
(3) any proceeds from the disposal of trust lands or interests
in trust lands shall be used exclusively for the acquisition
of other land or interests in land pursuant to a land consoli-
dation plan of such tribe approved by the Secretary;
(4) title to any land acquired for a tribe pursuant to this
section shall be taken in the name of the United States in
trust for the tribe; and
(5) if a tribal member acquires land from such tribe pursuant
to this section, title shall be taken in the name of the
United States in trust for such member.
(b) The provisions of this section shall not be applicable to
any tribe unless in a referendum election, requested by the governing
body of the tribe and called by the Secretary, (1) a majority of the total
adult membership of that tribe has voted to come within the purview of
such provisions and (2) if necessary, the tribal governing documents are
amended so that actions under this section would not be prohibited by or
inconsistent with the provisions of such documents: Provided, That such
amendments shall be effective if approved by at least two-thirds of those
voting in such election, or by such lesser number as may be required for
such amendments under the terms of the tribal governing documents.
4
SEC. 104. Any Indian tribe may, by appropriate legislative action of
its governing body, provide that no undivided fractional interest
(whether held in fee, in trust, or subject to a restriction against
alienation) of an appraised value of $100 or less shall thereafter
descend to any heir by intestate succession, but title to such interest
shall escheat to the United States in trust for such tribe. The
Secretary, in carrying out his responsibility to regulate the descent
and distribution of trust lands under section 1 of the Act of June 25,
1910 (36 Stat. 855), as amended (25 U.S.C. 372) and other laws, shall
give full force and effect to tribal actions under this subsection.
SEC. 105. Any Indian tribe may purchase, at fair market value, the
undivided fractional interest or interests (whether held in fee, in
trust, or subject to a restriction against alienation) of any person in
trust lands within its reservation notwithstanding the absence of
GREATED FORD LIBRANT
consent of other owners of undivided interests in such lands. Such
purchase shall be subject to the approval of the Secretary, who shall
determine fair market value, and title to such interest shall be taken
in the name of the United States in trust for the Indian tribe.
SEC. 106(a) Any person owning trust or other lands, or owning undivided
fractional interests (whether held in fee, in trust, or subject to a
restriction against alienation) in one or more tracts of trust land, may,
with the approval of the Secretary and the consent of the Indian tribe
in whose reservation such land or tracts are located, exchange such land
or interests for the assignment of a life estate in a tract of tribal land.
5
(b) The value of land assigned to a tribal member, pursuant to the
authority provided in this section, may not be less than the value of
the interests exchanged by such member except upon a specific written
finding by the Secretary that such exchange is in the best interest of
such member.
(c) The grant of an exchange assignment of tribal lands pursuant
to this section shall have the same force and effect, and shall confer
upon the holder thereof the same rights and interests that are conveyed
by a trust patent issued pursuant to section 5 of the Act of February 8,
1887 (24 Stat. 389), as amended and supplemented (25 U.S.C. 348) except
that the period of trust and tax exemption shall continue until other-
wise directed by Congress.
(d) The undivided interests exchanged to the tribe pursuant to
this section shall be taken in the name of the United States in trust
for such tribe. The life estate interest received by a tribal member
shall be taken in the name of the United States in trust for such member.
SEC. 107. All land or interests in land acquired by the United States
in trust for tribes or tribal members under authority of this title shall
be exempt from Federal, State, and local taxation.
SEC. 108. No provision of or any action taken pursuant to this title
shall affect criminal or civil jurisdiction within any Indian reservation
or the definition of "Indian country" as that term is defined in section
1151, title 18, United States Code: Provided, That the acquisition of
lands by the United States in trust for an Indian tribe pursuant to this
title shall not confer any hunting or fishing rights upon such tribe which
were not vested in such tribe prior to the acquisition of such lands.
Special Tribal Land Sale, Exchange or Acquisition Statutes
Tribe/Reservation
Act of
Cheyenne River
7/14/54; 68 Stat. 467; 25 U.S.C 484
9/3/54; 68 Stat. 1191
8/11/64; 78 Stat. 389
Coeur d'Alene
5/19/58; 72 Stat. 121; 25 U.S.C. 463 note
10/9/72; 86 Stat. 788
Colville
7/1/48; 70 Stat. 626
Crow
6/8/40; 54 Stat. 252
7/1/48; 62 Stat. 1214
5/19/58; 72 Stat. 121; 25 U.S.C. 463 note
Crow Creek
9/2/58; 72 Stat. 1766
Eastern Cherokee
6/28/38; 52 Stat. 1212
Flathead
7/18/68; 82 Stat. 356
Ft. Peck
5/19/58; 72 Stat. 121; 25 U.S.C. 463 note
Hopi
5/22/70; 84 Stat. 260; 25 U.S.C. 641 et.seq.
Kalispel
12/15/71; 85 Stat. 625
Klamath
5/19/58; 72 Stat. 121; 25 U.S.C. 463 note
Lower Brule
9/2/58; 72 Stat. 1773
Minnesota Chippewa
6/8/40; 54 Stat. 255; 25 U.S.C. 593
Navajo
7/10/40; 54 Stat. 746
8/9/55; 69 Stat. 555
4/19/50; 64 Stat. 46 as added
by 6/11/60; 74 Stat. 199; 25 U.S.C. 635
Navajo, Canoncito
8/13/49; 63 Stat. 605, 25 U.S.C. 622
Pueblos
9/14/61; 75 Stat. 505; 25 U.S.C. 624
8/13/49; 63 Stat. 605; 25 U.S.C. 622
Rosebud
12/11/63; 77 Stat. 349 as amended
by 11/10/69; 83 Stat. 190
Shoshone-Arapaho (Wind River)
7/27/39; 53 Stat. 1129; 25 U.S.C. 574
Southern Ute
6/14/72; 86 Stat. 216
Spokane
5/19/58; 72 Stat. 121; 25 U.S.C. 463 note
6/10/68; 82 Stat. 174; 25 U.S.C. 487
Standing Rock
7/14/54; 58 Stat. 467; 25 U.S.C. 484
9/2/58; 72 Stat. 1762
Swinomish
9/28/68; 82 Stat. 884; 25 U.S.C. 610
Tulalip (Swinomish)
12/23/44; 58 Stat. 917
,6/18/56; 70 Stat. 290; 25 U.S.C. 403a-1&2
Umatilla
8/10/39; 53 Stat. 1351; 25 U.S.C. 463e
Warm Springs
9/6/61; 75 Stat. 470
Yakima
7/28/53; 69 Stat. 392, as amended by
8/13/64; 78 Stat. 747; 25 U.S.C. 608
reserving for individuals certain tracts of land for which patents
were, in many cases, later issued. And, in an act providing for
the distribution of the Brotherton Indians' lands (5 Stat. 349),
Congress in 1839 expressly used the term "allotment". By 1885 the
Government had, under various laws and treaties, issued over 11,000
patents to individual Indians and more than 1,200 certificates of
allotment. By 1900, nearly five and a half million acres of land
had been allotted in severalty. The allotment program reached its
peak during the first decade of the 20th century and rapidly de-
creased in the 1920's. When, for all practical purposes, the allot-
ment process ceased in 1934, a total of 246,569 allotments, com-
prising 40,848,172 acres, had been approved.
The allotments made under the special treaties and acts,
prior to the General Allotment Act, vested in the Indians restricted
and, in some cases, unrestricted titles. By 1887, it was clearly
evident that a restrictive period of from 2 to 5 years was not ade-
quate to protect the Indians in their ownership of their allotments.
The 1887 act provided that the allotments issued pursuant thereto
should be covered by trust patents which would retain the land in
a period of trust for 25 years. It was thought that be retaining
the title in trust, the Indian would be protected against his own
incompetency and improvidence and also against the avarice of the
many non-Indians who were desirous of obtaining additional Indian
lands.
The Act of June 21, 1906 (34 Stat. 325), authorized the
President in his discretion to extend the periods of trust on
FORD
individually owned trust or restricted lands and tribal lands. It
was apparent. that many of the Indians who had received allotments
were, because of age, physical disability, or otherwise, unable to
LIBRARY
operate or utilize their own allotments or to manage or dispose of
the same without assistance. It was also readily apparent that
many of the allottees or their Indian heirs or devisees were not
competent to manage their own affairs, especially their real
property. In order to save the land for such individuals, it was
essential that the periods of trust be extended. As a result of
the 1906 act, numerous executive orders were issued to extend the
periods of trust. In some cases these extensions covered all
allotments still held in trust as of the effective date of the
orders relating to specific reservations. In others, especially
during the period from 1917 to 1921, the orders extended all
periods of trust, except those owned by individual Indians deemed
by the Superintendent or a competency commission to be competent
to handle their own affairs.
2
In 1932, the administration called a halt to further
disposition of Indian-owned land because of the serious economic
situation existing at that time. As a result of considerable
investigation and study of the over-all Indian problem, the
Congress by the Act of June 18, 1934 (48 Stat, 984), prohibited
further allotments on reservations to which the act became appli-
cable, and provided that the periods of trust or restrictions on
Indian-owned land should be continued until otherwise provided
by Congress.
As several tribes voted against the application of the
provisions of the 1934 act to their, reservations, it was necessary
for the Department to recommend and obtain executive orders extending
the periods of trust on the allotments on such reservations and on
allotments on the public domain to which the 1934 act did not apply.
These extensions were made for a period of 25 years and applied to
any and all allotments not under the Indian Reorganization Act of
1934. In 1950, the Department adopted a policy of issuing an
annual order which extended all trust or restrictions expiring dur-
ing the following calendar year for a period of one year only.
Study was given to adoption of policy and procedures by which albt-
ments owned by Indians deemed to be competent to manage their own
affairs would be omitted from future trust extension orders. As
these trust periods were designed to protect incompetent Indians
in the ownership of their lands, it was considered that competent
Indians should take unrestricted title to their lands. Thus, the
competent Indians would be required to accept the responsibilities
and obligations of unrestricted ownership, commensurate with their
ability, and permit the Federal Government to utilize the limited
funds and personnel available to the Bureau of Indian Affairs in
the protection and assistance of those individuals who genuinely
need such services. This proposal was not, however, adopted. On
January 7, 1959, the Secretary of the Interior issued an order
extending trust restrictions for an additional five years on all
Indian lands on which the trust restrictions were to expire in
calendar year 1959.
Practically all of the allotments were made over 30 years
ago. The passage of time, coupled with the age of some of the allot-
tees at the time of making of the allotments, has resulted in a
majority of the allotments being in heirship status. There are.
several factors which have contributed to the creation and continu-
ance of the heirship problem as it exists at this time. Perhaps
the most important is that in most cases it was not feasible to
partition the land in kind. Generally, the only property of any
appreciable value which an allottee owned at his death was his
allotment. As most of the allotments were of not more than 160
3
acres of dry farming or grazing lands, and in even smaller acreages
where the lands were irrigable, it will readily be seen that it was
generally not feasible to partition the land in kind. Another
factor in the creation of the heirship problem is the limited
statutory authority for partitions in kind. The first act of
general applicability which authorized the sale of trust or re-
stricted allotted lands was the Act of May 27, 1902 (32 Stat. 275;
25 U.S.C. 379). This act authorized the sale of allotted trust or
restricted land by the adult heirs of the allottee, and in the case
of minors by a guardian appointed by a proper court, subject to the
approval of the Secretary of the Interior. Where a partition was
feasible, if it was to be accomplished under this act, the heirs
would have to be in agreement. The Act of June 25, 1910 (36 Stat.
855; 25 U.S.C. 372), is the first specific statutory authority of
general applicability for the partition of heirship lands in kind
by the Secretary. This authority, however, is limited since the
Secretary may only cause the shares of the competent heirs, upon
their application, to be set aside and patents in fee issued there-
for. Also this authority is limited to trust allotted heirship
lands.
The 1910 act also contained provision for the sale of
trust allotted heirship lands by the Secretary if he found one or
more of the heirs incompetent, and for the distribution of the
proceeds to the heirs in accordance with their shares.
The Act of May 18, 1916 (39 Stat. 127; 25 U.S.C. 378),
provides broader authority for the partition of heirship lands in
kind. By this act the Secretary was authorized to partition lands
where such could be done to the advantage of the heirs, regardless
of their competency, patents in fee to be issued to competent heirs
and trust patents to the incompetent heirs. This authority, how-
ever, is also limited to trust allotted heirship lands.
4
vi OF
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
WASHINGTON, D. C. 20245
March
TOTAL
IN REPLY REFER TO:
Rights Protection 202
SEP 15 1976
Mr. Bradley H. Patterson
The White House
Washington, D.C.
Dear Mr. Patterson:
In reference to our discussions of August 30 concerning Sections 16
and 36 granted to the State of Montana for common school purposes
within the Crow Reservation, our research indicates that the Crow
Tribe was compensated for the loss of such lands. The attached copy
of a letter dated August 20, 1924, from the Assistant Secretary of the
Interior to the General Accounting Office outlines the authority and
accountability for the payment.
We appreciate the opportunity to have met with you and to explain the
functions of our Office of Trust Responsibilities. Should you have
further questions or if we can be of assistance in any way, please
call upon us.
Sincerely yours,
Actir~ Ralph F.Keen
FORD
Director, Office of
LIBRARY
Trust Responsibilities
Attachment
CONSERVE
AMERICA'S
ENERGY
Save Energy and You Serve Americal
Finance
G
FG
27224-24
61380-24
1
AUG 20 1924
CH
General Accounting Office,
civil Division.
ILED BY CiPi
FOR
FILE,
Gentlement
Section 16 of the ACE approved June 4, 1920
(41 Stat. L. 751-756) reads as follows:
That there 19 hereby granted to the state of
Nontans for common-school purposes sections sixteen
and thirty-six, within the territo ry described here-
FORD
in, or such parts of waid sections as may be non-
mineral or nontimbored, and for which the usid State
has not heretofore received indemnity lands under
existing laws; and in case either of said sections
er parts thereof is loss to the State by reason of
allotment or otherwine, the governor of waid State,
with the approval of the Becretary of the Interior,
in hereby authorized to select other unscoupied, wi-
reserved, nonmineral, nontimbered lands within said
reservation, not exceeding two scetions am any one
For Signature.
AUG, 20 1924
township. The United States shall pay the Indians
Become 8
for the lando so granted 45 pew sore, and sufficient
money is heroby appropriated out of the Treasury or
the United States not otherwise appropriated to pay
for waid school lando granted to the said State:
Provided, That the mineral rights in said school
lands are hereby reserved for the benefit of the
Crow Tribe of Indians as herein authorized; Provided
further, That the Crow Indian children shall be Der-
mitted to attend the vublie schools of gaid state on
the eare condition as the children of white eitizens
of said State,
The area of lands subraced in sections 10 and
36 within the Crow Reservation whown by report of
10372
INITIALING COPY FOR FILE
3083
the General Land Office dated February 7. 1924, copy
herewith, which have not been allotted to Indians or
used as bases in support of indemnity selections made
by the State of Montana for school purposes, and for
which title is vested in the State, aggregates 18,102.41
acres, which, at $5 per acre as above provided, amounts
to $90,512.05.
The area of indemnity school land selections shown
by report of the General Land Office of August 11, 1924,
copy herewith, made by the State of Montana within the
Crow Indian reservation, in the Billings land district,
under Acts of February 22, 1889 (25 Stat. 676) and June
4, 1920 (41 Stat. 751) and which was approved by the De-
partment July 22, 1924, aggregates 25,978.33 acres, which,
at $5 per acre, amounts to $129,891.65, or a total of
$220,403.70 for the lands in question. It is therefore
requested that an account be stated in your office and
a warrant issued by the Treasury Department crediting
this amount to the Croy Indians under the title "Payment
to Crow Indians for lands - Act June 4, 1920".
Respectfully,
OK
ut 7025
(Sgd.) F. M. GOODWIN:
dated
Assistant Secretary.
220,403.70 8-ma-19
LODA
Inel. 9312
THE INTERIOR OF THE INTERIOR
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
March
3,
1849
WASHINGTON, D.C. 20242
IN REPLY REFER TO:
SEP 15 1976
Program Development
and Implementation
BCCO 5377
Mr. Edward Driving Howk
President
Rosebud Sioux Tribal Council
Rosebud, South Dakota 57570
Dear President Driving Hawk:
Your letter of July 14, 1976 to President Ford has been referred
to me so that we could address your concerns about Indian land
going out of trust status.
I do share your concern on this matter. As I understand the
Indian Reorganization Act, there is presently legislative
authority to meet our common concern. Our major problem is the
availability of funding resources.
The Bureau of Indian Affairs budget for FY 1977 does not include
funds for this purpose. I believe it would be necessary for
these funds to be specifically identified before we would have
authority to make expenditures for land acquisition. In order to
have future budget requests contain money for land acquisition
purposes, it would probably be necessary to do this at the expense
of our present programs.
I am sympathetic to your concern and I will give it very serious
consideration as I make future budget recommendations.
Sincerely yours,
(SGD) Morris Thompson
FORD i LIBRARY 078839
Commissioner of Indian Affairs
Copy for Mr. Bradley Patterson, Jr.
White House