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Type of transaction

TABLE 1.-Dispositions

[This tabulation prepared in response to questions Nos. 3 through 6, pt. I of questionnaire]

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

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[This tabulation prepared in response to questions Nos. 7 through 10, pt. I of questionnaire] [No. T. Number of transactions. Ac. -Acreage]

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Branch of administration:

TABLE 3.-Tribal employees

Tribal IIM Clerk (clerk-typist).
Tribal janitor.

Branch of realty:

Tribal land clerk (clerk-typist).

Tribal lease clerk (clerk-typist).

Branch of land operations:

Tribal grazing clerk (clerk-typist).

Equipment operator, tribal soil conservation enterprise. Branch of credit: Tribal credit clerk (clerk-typist).

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This position is located in the Acquisition and Disposal Section of the Branch of Realty of the Standing Rock Agency. The Acquisition and Disposal Section exercises direct supervision over land acquisition and disposal programs including development and recommendation of policies and procedures for application by the agency office in activities pertaining to sales, exchanges, partitions, and the issuance of patents-in-fee, etc., and acquisitions of Bureau sites for school and other purposes, in coordination with other elements of the agency, in addition to the tribe and individual Indians.

The incumbent receives applications for patents-in-fee, supervised sales (advertised), exchanges, gift conveyances, and partitionment of land.

The incumbent prepares file folders and index cards for all types of land transactions, upon receipts of the individual application and maintains filing of same to facilitate the orderly handling and expeditious answering of inquiries to the general public. Information on index cards include the initial date and name of the applicant and the various steps to final completion, which are kept current to reflect a current status of a particular transaction, requiring constant and minute attention to changes as they occur.

The incumbent prepares a transaction worksheet on each application for the purpose of ascertaining the correct allotment number with relation to the land described and ownership, routes and transaction worksheet to the Reports and Control Section of the Branch of Realty for verification. Prepares notices to the chairman of the tribal business council for applications files for various types of land transactions in order that the council may negotiate for the purchase of the land, if it so desires.

The incumbent, by form memorandum, makes inquiry of the welfare department of this agency as to the welfare status of the allottee or heirs of land being sold in order that such welfare supervision as may be necessary in the expenditure of land sale funds may be accomplished.

The incumbent by form letter notifies all heirs of restricted Indian lands of each application filed for various types of land transactions affecting their interests. in the event they have not participated in the execution of the application. This action is taken in order that the wishes of all heirs may be learned in regard to the land transaction action proposed.

The incumbent performs stenographic duties consisting of transcribing from la dictaphone transcribing machine, correspondence, with responsibility for correctness, punctuation, and spelling, in connection with acquisitions and dispositions, partitions, and exchanges of trust lands.

The incumbent is under the immediate supervision of the assistant real property officer, grade GS-9, with incidental supervision received from clerk-stenographer, grade GS-3, and agency real property officer, grade GS-11. Completed work is reviewed for accuracy and adequacy in accordance with instructions.

This position was established during the year 1947. The present annual salary has been set at $2,418. However, effective as of March 1, 1958, the annual salary will be raised to $2,690, comparable to a GS-1 grade.

Tribal lease clerk (clerk-typist)

This position is located in the Tenure and Management Section of the Branch of Realty, Standing Rock Agency. The Tenure and Management Section exercises direct supervision over surface and subsurface leasing and management programs including recommendation of policies and procedures of application by the agency in activities pertaining to the conservation and development of mineral resources on Indian lands; the issuance of licenses, permits, rights-of-way, leases, and assignments of real estate under jurisdiction of the agency and coordination with other elements of the agency.

The incumbent of this position receives applications for farm and/or farmpasture leases. Prepares lease documents, which entails the examination of landownership records to determine the allottee or heirs of any given tract of land, computes the rental by taking into consideration the minimum acceptable rental rate for grazing and cropland and the negotiated rental as set forth in the application and determines the lease fee to be charged for preparing the lease document. Further, sets forth in the lease document any special conditions with regard to the payment of rental to the allottee or heirs or into the agency office, and determines the amount of performance bond required for any particular lease. In determining the amount of bond required it is necessary that the annual rental payable under the lease, the number of acres of grazing land and/or cropland be taken into consideration, also any improvements which may comprise a part of the lease consideration or special conservation practices in order that the lease be properly bonded.

The incumbent prepares official receipts in taking up fees and rental collected into the agency office and journal vouchers in transferring rental and fees out of special deposit for proper crediting to IIM accounts or the refund of cash bond deposits.

The incumbent prepares form letters in transmitting proposed leases to the lessee for execution and by form letter notifies all lessees of the expiration date of any lease in force, which action is generally taken not less than 60 days prior to the expiration date of any particular lease, which has not been renewed.

The incumbent performs stenographic duties consisting of transcribing from a dictaphone transcribing machine, correspondence, with responsibility for correctness, punctuation, and spelling in connection with matters pertaining to the functions of the tenure and management section of the branch of realty. The incumbent is under the immediate supervision of the assistant real property officer, grade GS-7, with incidental supervision received from the clerk-typist (lease clerk) grade GS-3, and the agency real property officer,

grade GS-11. Completed work is reviewed for accuracy and adequacy in accordance with instructions.

This position was established during the year 1947. The present annual salary has been set at $2,418. However, effective as of March 1, 1958, the annual salary will be raised to $2,960, comparable to a GS-2 grade. The incumbent will enter on duty at an entrance salary of $2,690 per annum and as experience is gained and ability proven, will then be advanced to $2,960 per annum.

RESOLUTION No. 8-57

RESOLUTION OF THE STANDING ROCK SIOUX TRIBE FOR NORTH DAKOTA AND SOUTH DAKOTA FAVORING SENATE CONCURRENT RESOLUTION 3

Whereas the Bureau of Indian Affairs regularly and consistently points to House Concurrent Resolution 108, 83d Congress as a policy directive from Congress justifying the current policy of urging, encouraging, and facilitating the sale of restricted allotments by individual Indians, competent and incompetent, so that in the last 4 years, 1,600,000 acres of such land have been removed from Indian ownership; and

Whereas the Bureau of Indian Affairs in reliance on House Concurrent Resolution 108, 83d Congress, at the same time that it encourages sale of the individual Indians, only capital asset and the reduction of landholdings, urges relocation of Indians on the ground that there is insufficient land available for them on the reservation; and

Whereas on the Standing Rock Sioux Reservation added personnel have been sent to this agency to accelerate the processing of sales of Indian allotments so that in January 1957 144 separate tracts of land embracing about 29,370.99 acres were offered for sale at one time in a county where from 40 to 50 transfers are normal for a full year; and

Whereas despite the fact that the land may have oil and gas value the Indians are permitted, whether competent or incompetent, to convey their oil and gas without any additional value for oil or gas being included in the appraisement by the Bureau of Indian Affairs: Now, therefore, be it

Resolved, That Senate Concurrent Resolution 3 be adopted as the policy of Congress to supersede House Concurrent Resolution 108, 83d Congress.

CERTIFICATION

We hereby certify that at a meeting of the Standing Rock Sioux Tribal Council held at Fort Yates, N. Dak., on March 6, 1957, at which a quorum was present, the above resolution was adopted by a vote of 14 for and 0 against.

LOUISE PAINTE,

Secretary, Standing Rock Sioux Tribal Council.

8. TURTLE MOUNTAIN CONSOLIDATED AGENCY

DEPARTMENT OF THE INTERIOR,

Hon. JAMES E. MURRAY,

BUREAU OF INDIAN AFFAIRS,
Belcourt, N. Dak., June 6, 1958.

Chairman, Committee on Interior and Insular Affairs,

United States Senate, Washington, D. C.

DEAR SENATOR MURRAY: Receipt is acknowledged of your letter of April 17, 1958, with enclosures, in which you ask for certain historical and statistical data concerning Indian and Federal lands under the jurisdiction of this agency. Due to limited staffing it is impossible to give your inquiry the attention it justifies, in view of its importance in considering effective legislation by Congress in connection with

Indian lands.

The United States Government first made an agreement with the Turtle Mountain Band of Chippewa Indians through the McCumber Commission under date of October 2, 1892. This agreement was modified and amended by the act of April 21, 1904 (33 Stat. 198-194).

The Turtle Mountain Band of Chippewa Indians received a reservation of only two townships of land. Regularly enrolled members of this band were authorized, under the act cited above, to have their allotment rights satisfied with land on the public domain. On September 30, 1907 (36 L. D. 105), it was held by the Department that the act of April 21, 1904, did not limit the time within which members of this band might make selections, and that there was no authority to fix a date after which children born into the band would not be entitled to land. This ruling remained in effect for about 9 years, during which time many children born subsequent to the year 1904 had made selections that were completed by the issuance of trust patents. However, on January 15, 1916 (44 L. D. 524), in the case of Voight v. Bruce, the Department recalled and vacated the 1907 ruling and held that to entitle a member of the band to an allotment selection under the 1904 act, it must affirmatively appear that the applicant was in being October 8, 1904, the date the 1904 act was ratified and accepted by the Indians. As many of the applicants for allotments under this law were born subsequent to October 8, 1904, it became necessary to reject their applications, and thereafter the lands included in such selections again became available for disposition by the Government under the public land laws.

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