1948. 1949. 1950. 1951. 1952. 1953. 1954 1955 1956 1957 1 Acreage of tribal land permitted, 1948–57, and income during same period 1 Although the acreage of Indian use has increased, the income for the same year has not increased in proportion due to the fact that reduced rates on tribal land have been granted to Indian operators. 1957 1947. 1957. 1947. 1957. 1947. 1957. 1947. 1957 1947 Use of Indian-owned land 1,318,733 acres, total acreage permitted. 2. FORT BERTHOLD AGENCY Hon. JAMES E. MURRAY, DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS, New Town, N. Dak., June 13, 1958. United States Senate, Washington, D. C. MY DEAR SENATOR MURRAY: The following report for the Fort Berthold Indian Reservation is submitted in response to your request and questionnaire of April 17, 1958: PART I-DISPOSITIONS AND ACQUISITIONS IN THE LAST 10 YEARS 1. Number of acres in tribal ownership on July 1, 1947, was 28,549. All of this was in trust ownership. We have no record of the tribe ever having acquired fee or taxable land, except for one lot which they now own in the city of New Town. 2. On July 1, 1947, there were 550,089 acres of restricted or trust allotted land in individual ownership. 3. See table. 4. See table. 5. See table. 6. See table. The instruction concerning 7 to 10 referred to land not previously under Indian ownership. We assume that this refers to land which has been acquired from nontrust status or fee status. Several of the tracts which have been acquired were originally allotments for which patents in fee had been issued. Also, there have been some purchases of fee lands which were a part of the lands which were disposed of when a portion of the reservation was opened for settlement in 1910. 7. See table. 8. The replies to this question have been made on a fiscal-year basis the same as those reported under question 7. 9. See table. 10. See table. 11. On June 30, 1957, there were 26,087 acres reported in tribal ownership. All of this acreage was in trust. The only nontrust or taxable land which the Three Affiliated Tribes acquired is the one lot in New Town which was mentioned above. This lot is described as lot 17 in block 28, and was purchased on March 1, 1954, at a cost of $350. A review of the land transactions for the first 6 months of the fiscal year 1958 shows that as of December 31, 1957, the Three Affiliated Tribes owned 27,403.240 acres of trust land. 12. On June 30, 1957, there were reported 399,898 acres of trust or restricted allotted land in individual Indian ownership. A review of the land transactions between June 30 and December 31, 1957, indi cate that there were 396,814 acres of trust or restricted allotted land on December 31, 1957. 13. The one act of Congress which had a tremendous effect on the land situation of the Fort Berthold Indian Reservation was the taking of over 100,000 acres for the Garrison Reservoir. This act completely disrupted and revolutionized the Indians' way of life. Most of the Indian families lived along the bottom lands of the river where wood, water, shelter, wild game, and wild fruit were plentiful. All of these people were forced to leave their former home places and move to the higher grounds and to the more remote areas which were left as residual segments when the waters of the new lake rose and divided the reservation into five completely separated segments. Entirely new road and school systems had to be planned and established. Although many of the families which were moved have taken hold and are making a go of it in their new locations, there are many others who still have not become fully adjusted to the new situation and have not learned how to make adequate or good use of their resources. The tribal council has continually objected to the granting of patents in fee or the selling of land through supervised sales. It has contended that the land base of the reservation was so drastically cut by the establishment of the Garrison Reservoir that until after such time has elapsed as will be needed to make a more thorough study of the land situation and of the needs of the individuals for purchases and for consolidations through purchase or the exchange of lands or inherited interests, no alienations from Indian ownership should be permitted. The tribal council engaged the Doane Agricultural Service, Inc., to make an agricultural and industrial survey of the reservation and surrounding area for the purpose of developing immediate and longrange programs for the economic improvement of the Fort Berthold Indian people. The council has likewise promoted a community development campaign throughout the reservation. A tribal delegation voiced its opposition to the sale or further alienation of Indian trust lands when it was in the Indian Office in May 1957. 14. The multiple ownership due to fractional inherited interests has, at Fort Berthold, seriously hampered the acquisition and disposal of Indian lands. (a) Undivided interests owned by the tribe are not a problem at Fort Berthold since the tribe does not own any such interests. (b) The number of undivided interests by non-Indians and alien. Indians on the Fort Berthold Reservation is believed to be less than the average on other reservations. Only in rare instances are these interests of such size or located in places where partitionment and patent in fee would not hamper or interfere with the consolidation plans of the tribe or individual Indians. Three non-Indians who own fractional inherited interests have indicated a desire to convey their fractional shares to their children who are members of the Three Affiliated Tribes and who also own fractional interests in the same estates. (c) Many undivided interests are owned by minors on the reservation. Up to 2 years ago some use was made of the Secretary's authority to convey the interests of minors and incompetent. This authority has not been used for approximately 2 years. Likewise, some use has also been made of tribal court appointed guardians in land transactions. The use of such guardians was stopped for a time but has since been resumed. (d) We have experienced considerable difficulty in cases where there were many heirs who could not reach an agreement as to the division or disposal of lands. We have had many instances where there were many heirs who could not reach an agreement as to the division or disposal of lands. We have had many instances where only 1 or 2 individuals have refused to go along with 4 or 5 or 6 other members of the same family in affecting the division or sale of inherited lands. (e) The use of the Secretary's authority to sell heirship lands held by minor or incompetent heirs has been briefly discussed above. Although the tribe had several transactions under negotiation it has not for the last 2 years been permitted to make such purchases. PART II. KEY TRACTS-FORT BERTHOLD 1. Little attempt has been made on the part of the tribe or individual Indian or the agency to designate any tracts as key tracts. 2. None. 3. Although several tracts have been purchased by the tribe, and by individual Indians, none of the tracts have been specifically designated as key tracts. They were considered as very desirable tracts for acquisition by either the tribe or the individual. In 1955, 1 tract of 74 acres was sold to a non-Indian and the tribal council persuaded this man to withdraw his bid and permit the tribe to buy the land at the same price which the non-Indian offered for it. This person was given a 5-year lease on the land by the tribe. In March 1958, the tribe was an unsuccessful bidder on a tract of 320 acres in the west part of the reservation which they had hoped to buy because the land is located in a grazing area where nearly all of the surrounding lands are owned by Indians. 4. None. The tribal council considers all land within the reservation as more or less key land in view of the large acreage lost through the Garrison Reservoir taking by the United States Army. 5. There have not been enough of this type of sales to have much effect on the lands remaining in Indian ownership. 6. None of the tracts which have been acquired by the tribe or by individual Indians from a fee to a trust status can in the strictest sense be called key tracts. They have been very desirable tracts in areas of Indian ownership where they can be used to the advantage with other Indian lands in the areas. PART III. EXTENT OF TRIBAL ASSUMPTION OF RESPONSIBILITY FOR REAL ESTATE ACTIVITIES-FORT BERTHOLD 1. There are two tribal real estate employees engaged in real estate work. (1) Alfreda Good Iron, tribal clerk, salary $4,186 per annum. Mrs. Good Iron is tribal land leasing enterprise employee and her work is to receive applications for leases, prepare leases at the request of the negotiating parties or to advertise leases when so required by regulations and to maintain the lease files and records concerning all agricultural and farm-pasture leases, hay permits, and tribal lot permits. She also receipts for all fees for services which are paid to the tribal land leasing enterprise. (2) Mrs. Edith Whitman, tribal clerk, salary $3,415 per annum. Mrs. Whitman has been hired for work in the grazing and the realty divisions. During the winter she assisted in checking the range-unit schedules and mapping the various range units. Currently, she is employed at indexing the reservation allotment records. The tribal council has a land committee consisting of five members which considers all tribal land matters and makes recommendations to the council. 2. None. See No. 6. 3. None. See No. 6, 4. See No. 1. 5. The tribal council has the one committee referred to under No. 1. 6. The tribal council has a locally hired attorney who advises the men on many phases of the tribes' activities including land matters. About a year ago the tribal council engaged the Doane Agricultural Service, Inc., to make an industrial and economic study of the reservation. There has been no Bureau opposition to this. 7. The tribe has a land-service enterprise which was established in 1947 in order to take over a part of the services which had been performed by the Department in connection with the leasing of Indian trust lands. In accordance with this plan, the fees which are charged for this service, both the lessee's and lessor's, are deposited to the credit of the land-service enterprise funds and used to pay the cost of the operation of the enterprise. This operation has been quite successful and has been a means of continuing service to Indians and non-Indians which the Bureau for a time was unable to furnish because of insufficient funds. 8. So far as this agency is aware, neither the tribe nor the area office have ever been instructed to turn real-estate operations over to the Bureau. I trust that the information submitted herewith will be of assistance to the committee in its work. Please call on this agency for any additional information that may be required. Sincerely yours, OWEN D. MORKEN, Superintendent. |