Indian Land Transactions. 85-2, 1958. Committee Print

CHEYENNE RIVER, SOUTH DAKOTA

Individually owned land

[No. T.- Number of transactions. Ac.-Acreage]

DISPOSALS-REMOVAL FROM INDIAN BUREAU JURISDICTION BY PLACING OF UNRESTRICTED FEE-SIMPLE TITLE IN OWNERS

CHEYENNE RIVER TRIBAL COUNCIL RESOLUTIONS

RESOLUTION 23-58

Whereas the Cheyenne River Sioux Tribe has on deposit in the United States Treasury approximately $3 million which is payment for severance damages to the reservation caused by the taking of several thousand acres of Indian-owned land under Public Law 776, 83d Congress, section II thereof; and

Whereas there is on file in the realty office of the Cheyenne River Agency several hundred applications for the sale of land by individual Indians to the tribe; and

Whereas if the tribe or members thereof do not purchase such land for which applications for sale or patent in fee have been filed which should be retained for Indian use, these lands will go out of Indian ownership by means of advertised sales or patents in fee being issued and in many cases the termination of trust status will seriously affect the protection and use of Indian lands remaining in trust status; and

Whereas the Cheyenne River Sioux Tribal Council's former request for $500,000 to purchase land (Resolution No. 58-56 approved July 2, 1956), to replace the land lost by the Oahe taking has been exhausted by the purchase of approsimately 58,000 acres of land and will have to purchase an additional 50,000 acres to replace the land lost by the Oahe taking; and

Whereas the greater part of the request for sales of land by the individual are in heirship status, where the tribe holds an interest or are key tracts which should be purchased to restore economic units for use by Indian cattle operators; and

Whereas these individual allottees, where the tribe holds an interest in such land cannot sell this land for reason that section 2 tribal lands, article VIIILand under the constitution and bylaws of the Cheyenne River Sioux Tribe approved December 27, 1935, by the Secretary of the Interior, prohibits the sale of tribal lands or interest in land; and

Whereas it will be advantageous to the Cheyenne River Sioux Tribe to purchase such of these lands which will protect the land consolidation program that the tribe has built up for the past 24 years and by such purchase will prevent further checkerboarding of the reservation and will keep these lands in Indian ownership to be used by members of the tribe in connection with the existing repayment cattle program and the current rehabilitation program; and Whereas the Commissioner of Indian Affairs has disapproved of a recent request for a per capita payment and stated that the tribe should use these funds in a plan spending program: Now, therefore, be it

Resolved, by the Cheyenne River Sioux Tribal Council this 3d day of March 1958, That the sum of $500,000 be set aside from the payment received by the tribe for severance damages caused by the loss of tribal land within the taking area to be used for the purchase of land to replace the acreage lost by the tribe through the Oahe Reservoir taking and the purchase of land to be made with these funds to be those tracts of land which will best serve the needs of the Cheyenne River Sioux Tribe; and be it further

Resolved, That the Cheyenne River Sioux Tribal Council request for $250,000 immediately, these funds to be used for the purchase of land and the remaining $250,000 to remain on deposit in the United States Treasury until such time as it is needed for further purchase of land.

CERTIFICATION

I, Alice Bowker, the duly elected, qualified, and acting secretary of the Cheyenne River Sioux Tribal Council, do hereby certify that the above resolution was duly adopted by the Cheyenne River Sioux Tribal Council which is composed of 15 members of whom 11 members, constituting a quorum, were present at a regular session duly noticed, called, convened, and held at Cheyenne Agency, S. Dak., on March 3, 4, 5, 1958, by a vote of 7 for, 3 against, 1 not voting, and 4 absent, and that the said resolution has not been rescinded or amended in any way.

[SEAL]

ALICE BOWKER, Secretary, Cheyenne River Sioux Tribe.

RESOLUTION 58-56

Whereas the Cheyenne River Sioux Tribe has on deposit in the United States Treasury approximately $900,000 which is payment for tribal lands within the Oahe Reservoir taking area under Public Law 776, section II; and

Whereas there are on file in the realty office of the Cheyenne River Agency applications for sale or patent in fee on approximately 30,000 acres of land on the Cheyenne River Reservation; and

Whereas if the tribe or members thereof do not purchase such of the land for which applications for sale or patent in fee have been filed which should be retained for Indian use, these lands will go out of Indian ownership by means of advertised sales or patents in fee being issued and in many cases the termination of trust status will seriously affect the protection and use of Indian lands remaining in trust status; and

Whereas it will be advantageous to the Cheyenne River Sioux Tribe to purchase such of these lands which will protect the land consolidation program that the tribe has built up for the past 24 years and by such purchases will prevent further checkerboarding of the reservation and will keep these lands in Indian ownership to be used by members of the tribe in connection the existing repayment cattle program and the current rehabilitation program: Now, therefore, be it

Resolved by the Cheyenne River Sioux Tribal Council, That the sum of $500,000 be set aside from the payment received for the loss of tribal land within the taking area to be used for the purchase of land to replace the acreage lost by the tribe through the Oahe Reservoir taking area and the purchase of land to be made with these funds to be those tracts of land which will best serve the needs of the Cheyenne River Sioux Tribe; and be it further

Resolved, That the Cheyenne River Sioux Tribal Council request for $250,000 of these funds immediately to be used for the purchase of land and the remaining $250,000 to remain on deposit in the United States Treasury until such time as is needed for further purchase of land.

Approval recommended: Land and forestry committee.

This resolution passed by a vote of 8 for, 5 against, 2 absent, and 0 not voting. ALICE BOWKER, Secretary, Tribal Council.

PROPOSED PROGRAM DRAWN UP IN ACCORDANCE WITH RESOLUTION 77-56,

SPETEMBER 6, 1956

The following program was presented by the chairman which was drawn up in accordance with Resolution No. 77-56, September 6, 1956 for council's confirmation. Alex Chasing Hawk made a motion to accept the program drawn up by the chairman without any discussion seconded by Isaac Long and approved by a vote of 14 for, 0 against and 1 absent.

Tribal land program for purchase of lands by the tribe from funds provided by Public Law 776, 83d Congress, in accordance with Resolution No. 58-56:

A. Reasons for purchase of lands:

1. To facilitate the establishment of Indian grazing units for rehabilitation and relocation purposes.

2. To acquire key tracts of land, either trust or fee land.

3. To restore the tribal land base through purchase of lands to replace tribal lands lost in the Oahe taking.

B. Location of lands to be purchased:

1. In general, purchases will be limited to lands located within the boundaries of the established consolidation area. Any lands purchased outside that area will be used for trading stock to acquire key tracts within the area.

2. Lands so situated as to permit clients of the rehabilitation program to take advantage of reduced tribal rates in acquisition of grazing units.

C. Types of land to be purchased:

1. Strategically located tracts that will assist members of the tribe who have lost their homes in the Oahe taking to establish new homes and grazing units pursuant to section XI of Public Law 776.

2. Scattered tracts and fractionated interests owned by (a) members of the tribe residing off the reservation and who have no intention of returning, (b) nonmembers who have acquired interests in lands on Cheyenne River Reservation through inheritance, and (c) resident members who have interests in several tracts of land that are of no particular benefit to them.

3. Allotments owned by (a) nonresident members who do not intend to return to the reservation, (b) resident members who wish to leave the reservation permanently, and (c) older members who wish to realize something from their lands while living.

4. Key tracts of fee patent lands that may be offered for sale, either by members of tribe or non-Indians.

Description of consolidation area here referred to:

Beginning at a point on the north boundary of the reservation at the northeast corner of section 6, T. 17 N., R. 30 E., running 3 miles south; thence west 81⁄2 miles, south 2 miles; thence west 91⁄2 miles, south 1 mile, west 1 mile, south 2 miles; thence west 11 miles, south 3 miles, west 3 miles, south 1 mile; thence west 8 miles, south 3 miles, west 3 miles, south 1 mile; thence west 14 miles, north 4 miles; thence west 10 miles, north 6 miles, west 6 miles, south 6 miles, then west 7 miles to the west boundary of the reservation; thence south 9 miles along the reservation line; thence east 5 miles, south 4 miles; thence east 11 miles, north 3 miles, east 1 mile; thence east 8 miles, south 3 miles, east 2 miles, south 31⁄2 miles, east 21⁄2 miles, north 1⁄2 mile, east 11⁄2 miles, north 3 miles; thence east 12 miles, south 6 miles, west 1 mile, south 3 miles, west 6 miles, south 5 miles, east 6 miles; thence south 6 miles, west 6 miles, south 4 miles; thence west 12 miles, north 4 miles; thence west 12 miles, north 4 miles, west 8 miles, south 2 miles; thence west 4 miles to the west boundary of the reservation; thence south along the reservation line to the south boundary. Area bounded on the south and east by the Cheyenne and Missouri Rivers, respectively.

I, Alice Bowker, the duly qualified acting and elected Secretary of the Cheyenne River Sioux Tribal Council hereby certify that the foregoing is an excerpt of the minutes of the regular session of the Cheyenne River Sioux Tribal Council on October 2, 3, 4, 5, 1956, and appears on pages 8 and 9. [SEAL]

ALICE BOWKER, Secretary, Cheyenne River Sioux Tribal Council.