effect land transactions since legal guardians must be appointed by a recognized court. In many instances minor interests are so fractionated that the prospective guardians do not consider that petitioning the court is worth the time and trouble involved. (d) The heirs on many trust allotments on this reservation live off the reservation being scattered throughout the Nation. Many are separated and live in opposite ends of the country. In cases where there are numerous heirs the Bureau has found that corresponding or otherwise contacting them is costly and time-consuming. In these circumstances disagreements among heirs are frequent. (e) The use of this authority has been discontinued at Pine Ridge. Legally appointed guardians for minor children and the incompetent heirs has been the basic requirement for the past 2 to 3 years. Use of the form, Order Transferring Inherited Interests, has never been widely used on the Pine Ridge Reservation although there have been a few instances in which title has been conveyed in this manner. The tribe has always had the opportunity to negotiate for the sale of the land before it is ever listed for advertisement. If these negotiations should fail, the tribe can ask the landowner to grant Indian preference which would permit the tribe or any member thereof to meet the high bid. If the owner is unwilling to grant Indian preference the tribe has had the same right as any other bidder. RESOLUTION No. 458 To adopt the land purchase program: Whereas numerous applications have reached the Indian Office as well as the Oglala Sioux Tribal Council from time to time throughout the year until today we have on file approximately 700 applications for fee patents. Whereas Indian land on the Pine Ridge Reservation is constantly going into the fractionation process making a large share of allotted lands worthless for utilization by any one heir or any one individual. Thus, a program of this nature should be instituted as an emergency measure: Therefore, be it Resolved by the Oglala Sioux Tribal Council, That we adopt the land purchase program as recommended with the understanding that the language in the proposed policy shall be subject to review and approval of the Indian Office and further that those changes and amendments necessary to keep the program functioning shall be subject to the approval of the Oglala Sioux Tribal Council; further Resolved, That the Oglala Sioux Tribal Council is hereby empowered to appoint at least four members of the tribe to represent the proposal and they shall be authorized to hold meetings from time to time in the various communities where the opposition is the greatest in order that this program may be better understood by all the members of the Oglala Sioux Tribe. Adopted by the Oglala Sioux Tribal Council in a regular session this the 16th day of April 1947, pursuant to article IV, and subsections (f) and (g) of the constitution and bylaws adopted by the Oglala Sioux Tribe on December 14, 1935, in accordance with section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended by the act of June 15, 1935 (Public Law 147, 74th Cong.), adopted by a vote of 16 for and 5 against by members of the tribal council. JAMES ROAN EAGLE, President, Oglala Sioux Tribal Council. RESOLUTION No. 57-28A RESOLUTION OF THE OGLALA SIOUX TRIBAL COUNCIL OF THE OGLALA SIQUX TRIBE, AN UNINCORPORATED INDIAN TRIBE To negotiate with the Secretary of Interior, Commissioner of Indian Affairs, through the Oglala Sioux tribal attorney. Mr. Richard Schifter, to declare a moratorium in the sale of trust Indian land upon the Pine Ridge Indian Reservation to nonmembers. Whereas the Pine Ridge Indian Reservation is rapidly diminishing as a result of sales of trust-allotted tracts of land to such an extent as to warrant serious consideration by all who reside upon the said reservation; and Whereas legislative bills are being introduced in Congress which favor both rehabilitation programs for the American Indians and immediate termination of Federal control over Indian land and the Indian people; and Whereas sales of Indian land will not solve the problems of the Indian people nor the problems brought about by Federal administration of the Indians' problems and affairs; and Whereas the Bureau of Indian Affairs have curtailed the use of Federal funds which may be used for the purpose of revolving credit loans to the members of the Oglala Sioux Tribe to purchase land: Now be it Resolved by the Oglala Sioux Tribal Council in regular session assembled April 4, 1957, by virtue of authority vested in it by article IV, section I, subsection (a) of the constitution of the Oglala Sioux Tribe, approved January 15, 1936, Hereby request and appeal to the Secretary of the Interior, the Commissioner of Indian Affairs, through Mr. Richard Schifter, Oglala Sioux tribal attorney, to declare a moratorium in the alienation of trust lands to nonmembers upon the Pine Ridge Indian Reservation for a sufficient period of time within which to give the tribe opportunity to plan a program of full utilization of the land through purchase and a rehabilitation program. This will be in line with the Commissioner's plan of community-development organization, with an ultimate goal of self-sufficiency. CERTIFICATION I, the undersigned, as secretary of the Oglala Sioux Tribal Council, hereby certify that the said tribal council is composed of 29 voting members, of whom 27 members constituting a quorum were present at a meeting duly called and held April 4, 1957; that the foregoing resolution was there adopted by an affirmative vote of 23 for, 3 against, and 1 not voting; that said resolution is in full force and effect unless amended or rescinded by the said council. CHARLES LITTLE HAWK, PLAN OF OPERATION OF THE OGLALA SIOUX TRIBE LEASING SERVICE ENTERPRISE (REFERENCE RES. No. 471), JUNE 18, 1947 1. The name of this enterprise shall be the Oglala Sioux Land Service Enterprise. 2. The purpose of this enterprise is to provide for the employment by the tribe of three or more clerks to perform the clerical and ministerial work in connection with the leasing, permitting, and other transactions pertaining to tribal, allotted, and other lands under the jurisdiction of the Pine Ridge Agency. 3. Initially, there shall be used in this enterprise approximately $2,000 of Oglala Sioux rehabilitation sewing project funds. Such funds shall be reimbursed at such time as the enterprise can be financed from fee collections as provided by Resolution No. 471. 4. Under this enterprise there shall be appointed by the Superintendent of the Pine Ridge Agency, with the approval of the executive committee of the tribal council, competent and qualified employees. Only persons who can or have qualified in an appropriate civil service examination, or Indian Service examination, shall be considered for employment. Employment of personnel shall be by written contract approved by the Superintendent and the executive committee of the council. 5. The clerks appointed to handle the work of this enterprise shall be paid a minimum of $1,954 per annum and not exceeding $2,619.72 per annum. The rate shall be specified in the contract of employment. 6. The title of the positions to be established shall be "Lease clerk" and the duties shall be to take care of the clerical and ministerial work in connection with the leasing and permitting of allotted, tribal and other lands within the boundaries of the Pine Ridge Reservation. The duties will be described in greater detail in the contract of employment. 7. It is agreed that the enterprise shall be conducted in accordance with the applicable regulations for the revolving credit fund as approved by the Secretary of the Interior December 18, 1945, and the instructions of the Commissioner dated June 3, 1946, as contained in part 512A of the Indian Service Manual. The provisions of section 512A6.10 of the Indian Service Manual shall be applicable to this plan of operation. Records shall be maintained and reports submitted as may be required by the Commissioner of Indian Affairs or his authorized representative. Adopted by the executive committee of the Oglala Sioux Tribe by unanimous vote for and none against, this 20th day of June 1947, in accordance with article I, section V, of the constitution and bylaws of the Oglala Sioux Tribe. SAMUEL STANDS, Vice President, Tribal Council. PART II-PINE RIDGE The purpose of this part of the questionnaire is to determine to what extent key tracts have gone into non-Indian ownership, the extent to which key tracts have been conveyed to other Indians or to the tribe, and the extent to which key tracts which were in fee status have been acquired by individual Indians or tribes. Since July 1, 1953, approximate date of the initiation of the present policy of not subordinating the interests of the individual Indian owner of land to the interests of the tribe or other individual Indians. 1. How much acreage and how many tracts have been sold that the tribe, individual Indian owners, or the Bureau have alleged were key tracts? Tracts, estimated___ Acres, estimated__. 149 32, 519 2. How much acreage and how many of the tracts alleged by the tribes or individual Indian owners to be key tracts were determined by Bureau officials not to be key tracts? None. 3. How much acreage and how many tracts alleged by the tribe to be key tracts were sold to the tribe or individual Indian owners? 4. How much acreage and how many tracts alleged by the tribe to be key tracts were sold to non-Indians?" Tracts--. 39 9, 240 5. If there were sales of key tracts to non-Indians, discuss the effect that such sales have had on the use of Indian land remaining in Indian ownership. The above figures show sales of key tracts to non-Indians. One effect of these sales has been to handicap Indian cattle operators to such an extent that these operators have either had to liquidate their holdings or go to the expense of moving their entire ranches to other areas. Another effect has been to reduce values of surrounding or adjacent lands by lessening competition where key tracts control use of adjacent lands. 6. Discuss the extent to which key tracts which were in fee status have been acquired in trust or restricted status by individual Indians, or in trust or fee status by tribes. None. PART III-PINE RIDGE 1. Give the position of each tribal real estate employee, his annual salary, and the nature of his work. Tribal appraiser, $3,840: The tribal appraiser makes appraisals involving land transactions which include sales, exchanges between members of the tribe, supervised sales, and fee patents. Lease clerk, $3,175: The lease clerk performs clerical work in connection with the issuing of leases, etc. Tribal clerk, $2,960: The tribal clerk answers inquiries in connection with all matters pertaining to leases, permits, etc., and in addition performs clerical duties pertaining to real estate transactions. Vital statistics clerk, $2,960: The vital statistics clerk handles and files all birth certificates, death certificates, and keeps current the tribal enrollment records. Range permit clerk, $3,415: The range permit clerk performs clerical work in connection with the range units which include the payment of grazing fees. During 1957 there were a total of 28 tribal employees working in all tribal functions and in conjunction with agency branches totaling an equivalent of 15.67 man-years. This does not include the tribal council which convenes quarterly, but does include the executive committee of the council. 2. Give the position of each agency real estate employee whose salary, in part or in full, is paid by the tribe, the salary of such employee, the amount of such salary paid by the tribe, and the nature of his work. At the present time there are no agency real estate employees whose salaries are paid in part or in full by the tribe. 3. Does the tribe have a regularly employed real estate adviser or consultant to advise the council with regard to tribal real estate activities? Explain fully. No. The tribe does not have a regularly employed real estate adviser. They do have a legal counsel who advises on land matters. 4. Does the tribal organization have a real estate committee with authority to approve tribal real estate activities? Explain fully. The executive committee of the tribal council is composed of four members who have been delegated authority to approve all land transactions. Resolutions are prepared on these transactions. 5. Does the tribal organizations have a real estate committee which advises the tribal council with regard to tribal real estate activities? Explain fully. Yes, there is a tribal council committee composed of six members and a chairman who advises the tribe on long-range real estate activities and policies. 6. To what extent has the tribe employed private consultants to study particular phases of its real estate activities? Explain fully. If the Bureau has disapproved such employment, explain why. The tribe has not employed private consultants. 7. Does the tribe have, or has it had, a tribal land enterprise or similar organization? If so, discuss the history and effectiveness of such organization. The Oglala Sioux Tribal land enterprise was organized in 1947 under the Reorganization Act of 1934. The Oglala Sioux tribal land enterprise plan of operation was approved in 1947 and has been quite active in the exchange and purchase of land. The plan of operations was revised in 1957 to reflect changes in policy and procedure and to be in accord with activities which were within the current regulations. The Oglala Sioux tribal land enterprise was very effective in taking an active part in processing the purchases of particular projects such as the Oglala irrigation and the Bear Creek projects. In the past it has processed the purchase of land which would assist in the liquidation of delinquent credit loan debts of individual members, and it has been instrumental in tribal land consolidation activities. There is |