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I. ABERDEEN AREA OFFICE

1. CHEYENNE RIVER AGENCY

Hon. JAMES E. MURRAY,

DEPARTMENT OF THE INTERIOR,

BUREAU OF INDIAN AFFAIRS,

Cheyenne Agency, S. Dak., June 5, 1958.

Committee on Interior and Insular Affairs,

United States Senate, Washington, D. C.

MY DEAR SENATOR: Reference is made to your letter of April 17, 1958, submitting questionnaire on the disposition and acquisition of Indian lands in the last 10 years.

Attached is the completed questionnaire and accessory material for the Cheyenne River Reservation in South Dakota.

If additional information is necessary, please feel free to call upon us.

Sincerely yours,

NORALF NESSET, Superintendent.

CHEYENNE RIVER

QUESTIONNAIRE ON THE DISPOSITION AND ACQUISITION OF INDIAN LANDS IN THE LAST TEN YEARS

PART I

The data contained in the answers have been taken from the actual records of the Cheyenne River Agency. The only estimation made is No. 14 (a) the percentage of estates with five heirs or more having been liquidated. Due to the extensive land exchange program which was conducted at this agency, the records have been set up so reports could readily be made.

As to tribal and individual owned trust or restricted land:

1. How many acres were there in tribal ownership on July 1, 1947? There were 786,721.38.

How many acres in trust?

There were 786,721.38.

How many acres which tribe had acquired in fee?

None.

2. How many acres of trust or restricted land were there in individual Indian ownership of July 1, 1947?

There were 826,255.62.

3. How many transactions, by which tribal or individually owned lands were disposed of (including the placing of unrestricted fee title in the hands of the owners by issuance of patents in fee, certificates of competency, etc.), were consummated during each fiscal year since July 1, 1947?

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4. How many acres were disposed of or removed from Bureau jurisdiction during each fiscal year since July 1, 1947?

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5. Give the numbers of transactions for each year which will be shown in answer to No. 3 above, broken down by the type of transaction.

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6. Give the acreages for each year which will be shown in answer to No. 4 above, broken down by the type of transaction.

1947: Fee patent..

1948: Fee patent--

1949:

Fee patent.

645.70 1953: Fee patent--.

1955: Fee patent

640.00 0

1, 624. 55

642.93 6, 046.90

1,740.00 158. 42

1954_.

Fee patent.

Supervised sales_____

-

1957:

Fee patent---

Supervised sales.

tions____

160.00

1958:

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7. How many transactions, by which tribal or individual Indian lands were acquired, were consummated during each fiscal year since July 1, 1947?

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8. How many acres were so acquired during each calendar year since July 1, 1947 ?

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9. Give numbers of transactions for each year which will be shown in answer to No. 7 above, broken down by the type of transaction.

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10. Give acreages for each year which will be shown in answer to No. 8 above, broken down by the type of transaction.

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No record is kept of individual Indian purchase of lands in unrestricted status as it is entirely a matter for the individual to transact on his own.

11. How many acres were there in tribal ownership on December 31, 1957.

Seven hundred and eighty-five thousand, six hundred and fortythree.

How many acres held by the United States in trust?

Seven hundred and eighty-five thousand, six hundred and fortythree.

How many acres which the tribe had acquired in fee?
None.

12. How many acres of trust or restricted land were there in individual Indian ownership on December 31, 1957 ?

Seven hundred and eleven thousand, seven hundred and ninety-four. 13. Cite and discuss briefly any special acts of Congress which have affected the acquisition and disposal of Indian lands (termination acts, private acts directing the issuance of patents in fee, and so forth).

The Cheyenne River Sioux Tribe accepted the act of June 18, 1934 (48 Stat. 984), Indian Reorganization Act, and all land acquisition and disposal are governed by it. In addition to the aforementioned act, the Cheyenne River Sioux Tribe and members thereof acquired and dispose of land under the provisions of the act of September 3, 1954 (68 Stat. 1191), which authorized the taking of land for the Oahe Reservoir on the Missouri River. This act enables the tribe to purchase land to replace the acreage lost in the Oahe taking and use funds received under the act for the purchase of land. Deeds covering the purchase of lands under this act are approved by the superintendent at this agency. Purchase of lands by individual Indians or exchanges of lands with the tribe under the act are also approved by the superintendent. About 1949 there were a few private acts directing issuance of patents in fee but none have been enacted in the last 8 years. What study is being made of the cause and effect of sales?

No special study has been made of the cause and effect of sales. The tribe using Oahe funds for the purchase of land has created a great surge of applications for sale. So far this has not created any difficulties. When the tribe exhausts its land-purchase fund and if applications for sale continue to be filed at the present rate, difficulties may

arise then.

Has the tribal council passed or considered any resolutions on this subject? Please elaborate and include any resolutions approved.

In connection with the purchase of lands, the tribal council passed Resolutions 58-56 on July 29, 1956, and 23-58 on March 3, 1958, setting up its land-purchase funds. Copies of these resolutions are included in the accessory materials. A policy was established to govern the purchasing of lands, copy of which is also included. Every effort is being made by the tribal council to purchase lands which have been offered for sale that fall within its consolidation area and are within the range units of Indian operators to enable these individuals to have control of the lands that are essential to their needs.

14. Discuss to what extent, if any, the heirship, or multiple ownership, problem has affected the acquisition and disposal of Indian lands, with particular reference to the following facets of the problem: (a) Undivided interest owned by the tribe.

(b) Undivided interest owned by non-Indians and alien Indians.

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