Ask the Scholar

Document scope · 1 page
doc
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory. For page-specific OCR and visual context, open one of the page chats.

Scholar Source Context

Document identity
localId
1668750
label
1974/10/26 S1411 Sisseton-Wahpenton Sioux Indian Lands North and South Dakota
core
doc
dtoType
document
pageCount
1
Source metadata
id
1668750
contentType
document
title
1974/10/26 S1411 Sisseton-Wahpenton Sioux Indian Lands North and South Dakota
collections
White House Records Office: Legislation Case Files
Legislation Case Files
subjects
North Dakota
South Dakota
Dakota Indians
Legislation
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1668750
coverageEndDate
logicalDate
1974-10-31
month
10
year
1974
coverageStartDate
logicalDate
1974-10-01
month
10
year
1974
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
9eaec8728f7fa28d
ocrText
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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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.