EXHIBIT 3-PINE RIDGE HISTORY OF TRIBAL LAND EMPLOYMENT DURING THE LAST 10 YEARS The Oglala Sioux Tribe set up a tribal land enterprise during 1947 to coordinate the tribal land program of land purchasing, exchanging, leasing, and grazing permit issuance with the Bureau. In 1948 seven clerical positions were set up to assist in these functions under the supervision of Bureau personnel. One land appraiser also was appointed to evaluate all land conveyances. During the peak years of tribal land purchase and exchange activity additional clerical assistance became necessary during 1949 and 1950. The influx of work necessitated the services of four additional clerks. This additional clerical assistance was employed up to 1955. The workload at that time leveled off to a considerable extent so that from 1955 and 1956 clerks were permanently established to take care of land activities under Bureau supervision. During those years seven clerical positions were set up serving as follows: Leasing 1, grazing 3, census and probate 1, and land sales 3, including the appraiser, which position has been continuously filled up to the date of this report. The tribe in 1957 further reduced its personnel connected with land activities to 4 clerks and 1 appraiser. These are shown in detail in part III, item 1 of this report. Under the tribal system as set up and with the supervisory cooperation of the Bureau, the program at the present time is operating with efficiency. An increased activity in the tribal program, however, would, in all probability, necessitate setting up additional tribal positions. EXHIBIT 4-PINE RIDGE THE EFFECTS OF OLD-AGE ASSISTANCE LIENS ON THE INDIANS' DESIRE TO SELL TRUST No discussion of the alienation of Indian-owned trust lands would be complete without mention of the stimulating effects of old-age assistance liens on the Indians' desire to sell trust lands. Congress had for many years recognized a special obligation to care for aged and infirm Indians prior to the passage of the Social Security Act approved August 4, 1935, which, under title 42, chapter 7, subchapter I-301, authorizing financial assistance to States which wished to set up programs for assisting the aged. These grants were first in the form of rations and later in the form of financial assistance. Regular appropriations for carrying on a Bureau of Indian Affairs general assistance program included aid to aged and infirm Indians. This aid was an outright grant with no strings attached. When oldage assistance became available under social security, help to aged Indians was no longer included in the Bureau's program. The Social Security Act permitted States to include in their programs a provision for the recovery from the estates of deceased beneficiaries of any amounts which had been paid for old-age assistance. The practical effect of the Social Security Act was that, whereas the Indian had formerly received old-age assistance in the form of a grant, he thenceforth received such aid subject to a lien against any income accruing to his estate. The Indians regard this change as a violation of their treaty rights in that it attempted to put them on exactly the same footing as the non-Indian, thereby repudiating an obligation which Congress had recognized for many years. Actually, the non-Indian finds it much easier to avoid this reimbursable provision in the law than the Indian whose land is held in trust. The Indians feel that they had prepaid the Government for assistance to their aged and infirm members by the relinquishment of millions of acres of their best land for homesteading by non-Indians. They point to the wording of their trust patents. "will convey the same by patent to said Indian, or his heirs, as aforesaid, in fee, discharged of said trust and free of all charge or encumbrance whatsoever." The Government's reply has been that each beneficiary under the old-age assistance program, by making voluntary application for assistance, did thereby accept all of the obligations and conditions imposed by law. This argument ignores one important consideration, i. e., that the Indians' former source of aid for the aged had been cut off thereby forcing old Indians to choose between doing without any assistance whatever and accepting conditions which they believed to be in direct violation of two treaty promises, (1) to care for their old people, and (2) to prevent the encumbrance of their trust lands. In other words, they maintain that their acceptance of the reimbursable clause had been obtained by duress. The Solicitor advises that the Bureau must honor these old-age assistance liens until Congress passes amendatory legislation acceptable to the President which would grant relief to the holders of interests in trust lands. We mention this argument because the effect of these old-age assistance liens has been to make many Indians want to sell land which they might otherwise have been willing to pass on to their heirs. Allowed old-age assistance claims against an estate means that the family of the deceased must suddenly adjust itself to getting along with no rental income until such time as the old-age assisance claim has been paid in full, in some cases as long as 20 years. Their only alternative is to sell part of the landholdings of the estate so that the claims can be paid earlier. Many of our old people clamor to sell land in order to pay off the old-age assistance liens and thus avoid this hardship for their survivors. It is our considered judgment that these old-age assistance liens constitute the primary cause of the Indians' desire to sell land. The effect of the liens is to accelerate dissipation of the Indian estates. Legislation will be needed to remedy the situation. 5. ROSEBUD AGENCY JAMES E. MURRAY, DEPARTMENT OF THE INTERIOR, Chairman, Committee on Interior and Insular Affairs, MY DEAR MR. MURRAY: In compliance with your request of April 17, 1958, we submit herewith duplicate copies of the report covering the Rosebud Indian Reservation, Rosebud, S. Dak. We cannot at this time enumerate all the Federal lands upon the reservation which have been purchased since 1930. We are working upon the compilation of such records but do not have them sufficiently complete to be of any value. Throughout the years the tribal employees have played a large part in the operation of the agency, but, as of June 30, 1955, their participation in the work under a tribal payroll plan was curtailed. The tribal land enterprise has maintained a full staff since that date, and one tribal employee has been in the credit branch for several years. The following statement gives the picture in tabular form: Jan. 1, 1948, to Dec. 31, 1948. Total. We hope the enclosed will assist your committee in its current efforts. If we can be of further assistance please feel free to call upon us. Sincerely yours, M. PEDERSON, (For Graham Holmes, Superintendent.) ROSEBUD AGENCY QUESTIONNAIRE ON THE DISPOSITION AND ACQUISITION OF INDIAN LANDS IN THE LAST 10 YEARS PART I As to tribal and individually owned trust or restricted land: 1. How many acres were there in tribal ownership on July 1, 1947? How many acres which the tribe had acquired in fee? How many acres in trust? The records of 1947 were kept by calendar year instead of fiscal year. On January 1, 1947, there were 90,071 acres of land in tribal ownership. All was in trust and none in fee. 2. How many acres of trust or restricted land were there in individual Indian ownership of July 1, 1947? January 1, 1947, 979,172 acres. 3 to 10 inclusive. See attached chart, exhibit A. 11. How many acres were there in tribal ownership on December 31, 1957? How many acres held by the United States in trust? How many acres which the tribe had acquired in fee? July 1, 1957, 336,079 acres. (Includes 65,756 acres of executive assignments.) All was in trust. None in fee." 12. How many acres of trust or restricted land were there in individual Indian ownership on December 31, 1957? June 30, 1957, 628,625 acres. 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, etc.). What study is being made of the cause and effect of sales? Has the tribal council passed or considered any resolutions on this subject? Please elaborate and include any resolutions approved. There have been no special acts that we know of affecting the Rosebud Reservation in the acquisition and disposal of lands, except that we estimate that approximately 10 patents have been issued over the last 10 years by private acts of Congress. We do not know for sure how many private acts have been passed because our records are not kept so that they can be easily found. No special study has been made of the effect of sales, however, the principal difficulty noticed so far is in the management of range units. Where a few tracts are sold in a range unit, it is extremely difficult, if not impossible, to maintain proper range management and the allocation of land for Indian use. This is due to the fact that large unbroken tracts are necessary for an economic ranch unit, and an individual buying checkerboard tracts across the reservation exercises considerable control. It is apparent that as Indian land is sold Indians will congregate on tracts of tribal land. This has not developed to the point where the exact effect can be determined. It has some good points in that they move close to schools, good source of water, etc., which is beneficial. 30451- - 38 -13 JAMES E. MURRAY, Chairman, Committee on Interior United States Senate, Washin MY DEAR MR. MURRAY: In compliam 17, 1958, we submit herewith duplicate the Rosebud Indian Reservation, Rosebu We cannot at this time enumerate all reservation which have been purchased s upon the compilation of such records but complete to be of any value. Throughout the years the tribal employees in the operation of the agency, but, as of ticipation in the work under a tribal payroll tribal land enterprise has maintained a full st one tribal employee has been in the credit b The following statement gives the picture in tab #Tribal Land Faster very sill frat le title thereto. amdivided fractical uch practice, or a We hope the enclosed will assist your committee in its cu If we can be of further assistance please feel free to call upo Sincerely yours, M. PEDERS (For Graham Holmes, Superinter. |