minerals. This income belongs to the headright owners, and such owners are as follows (December 31, 1957): Owners Number Shares of represented 1. Osages who do not have certificates of competency, and minors.. 2. Osages who have received certificates of competency. 3. Indians of other tribes.. persons 4. Non-Indians. 5. Undistributed estates.. Total headright shares. 2,229 From this table it will be noted that the income from only 645 headright shares is subject to supervision in part. It is mandatory that up to $1,000 from each quarterly payment be paid to the owners. Many have only fractions of a headright which do not yield $1,000; therefore, it may be said that there are no restrictions attached to the income of many of the 631 persons who have not received certificates of competency. There were 2,229 individuals included on the rolls which were closed by the 1906 act. No one has been admitted to enrollment since that time. The total census of persons of Osage Indian blood is now about 6,500. About 4,500 derive no income from Osage sources. Most of these and the certificated Osages reside elsewhere in 38 different States. It would seem rather difficult, therefore, to develop any interest on the part of 75 percent of the shareholders, who receive all of their funds free from any restrictions, and who pay approximately 75 percent of the costs of operation but receive services equivalent to 50 percent of the costs, or obtain agreement from them for the use of their income for the purchase of land which the majority of their children would never expect to enjoy. Whereas : R. G. FISTER, Superintendent. RESOLUTION No. 19-476 OF THE OSAGE TRIBAL COUNCIL 1. The Osage Tribal Council has studied departmental news release of May 15, 1958, and a statement by Commissioner Glenn L. Emmons on policy governing sales of individually owned Indian lands, as well as Area Director Pitner's memorandum of May 19, 1958, on the same subject; and 2. The Osage Tribe owns no tribal lands, other than three townsites and the Osage Agency reserve; and 3. No tribal land acquisition or adjustment program has ever been undertaken by the Osage Tribe and none is contemplated as far as known to the council; and 4. The Osage Tribe as such has no tribal or other funds available for the purchase of land; and 5. The use of any income from minerals for a land-purchase or acquisition program would, in the opinion of the tribal council, require the consent of the shareholders; and 6. The council is not aware of any interest in the use of income from minerals for land buying, or in borrowing money for such purpose at this time; and 7. The larger percentage of Osage individual restricted lands is alienated through process of special laws applicable to the Osage Tribe, such as the mandatory certificate of competency law, probates, and partitions in the State courts. Be it therefore, resolved that: 1. The Osage Tribal Council had no immediate interest in acquiring any individual restricted lands which may be offered for sale under supervision of 30451-58-18 the Bureau of Indian Affairs, nor any future interest, unless at some future time the Osage Tribe shall authorize a land-acquisition program, or express its interest in the establishment of such a program. 2. The council is in agreement with the policy expressed that requests of single Indian owners to sell restricted lands be carefully examined and justified in the light of the long-range interest of the owner without, however, violating the property rights and interests of the individual owner. CERTIFICATION I hereby certify that the foregoing resolution was duly considered by the Osage Tribal Council at a duly called meeting at Pawhuska, Okla., at which a quorum was present, and that same was approved by a vote of 5 in favor. and none opposed, this 29th day of May 1958. PAUL PETTI, Principal Chief. FUNCTIONAL STATEMENT, BRANCH OF REALTY-OSAGE Performs services for Osage Indians of one-half or more Indian blood who do not have certificates of competency similar to those ordinarily rendered by trust companies in handling of privately owned real estate. Responsible for the program of leasing of restricted Indian lands for agriculture, grazing, and business purposes, including appraisals for rentals, collections of fees and rentals, proper distribution thereof, compliance with provisions of leases. Also responsible for the program of insurance for fire, windstorm, and extended coverage of all buildings located on restricted properties, appraisals thereof, payment of premiums and adjustments in the event of loss. Tax services include responsibility for the preparation and filing of declarations of estimated Federal income taxes, and the preparation and filing of both Federal and State income tax returns for restricted Osage Indians, including the filing of Oklahoma State homestead exemptions, and the payment of taxes due under Federal and State returns. Tax services also include responsibility for the ad valorem tax program under which all restricted lands are taxable, except homesteads, for the proper tax evaluations, and for the payment of such taxes from restricted funds accumulated for that purpose each year. Also responsible for the complex and varied appraisal program of the Osage Agency which includes approximately 25 categories of appraisals in connection with the leasing of restricted lands for agriculture, grazing, business, oil, gas, and other purposes, and in partitions, exchanges. sales, purchases and other adjustments of such restricted lands, including rightsof-way for various purposes. Also responsible for the review and processing of land sales and exchanges for restricted Osage Indians. Investigates requests for purchase of real estate and makes recommendation to the agency superintendent. Counsels with restricted Osage Indians on matters pertaining to their real estate holdings. Statistics for the branch of realty for the fiscal year 1957 are as follows: Total restricted acreage on which rental was collected_ Total trespass rental collected___. Total estimate acreage to be appraised during the fiscal year 1958 in connection with land sales, exchanges, partitions, estates, purchases, rights-of-way, camp sites, tax evaluations, removal of restrictions, and damages in connection with oil operations__ Rights-of-way processed and approved-- Total number of insurance policies in force for various individuals__ Total amount of risk covered by policies. 234, 925. 47 1. 185 $314, 182 80 $8, 017. 52 432 $2,276.00 50,000 33 977 Total amount of premiums paid on renewals and endorsements__ $6, 420, 623.98 $86,048.90 189 Total number of IBR's prepared and processed for payment of premiums on the installment plan___. Total real estate taxes paid for 554 individuals____ $26, 093. 79 38 $91, 685. 61 Total real estate taxes paid during fiscal year for 21 non-Osage Income tax information sheets prepared for individual restricted Real estate tax obligations prepared for posting against indi- Income tax obligations prepared for posting against individual Information returns mailed to individuals showing the taxable Individual Federal income tax returns filed___ Total income tax paid on individual Federal income tax returnsTotal number of declaration of estimated income tax filed for individual Indians--- Total Oklahoma State individual income tax returns filed___. Total Kansas State individual income tax returns filed_. Total number of forms prepared for Director of Internal Reve- Total town properties lost through sale, partition, probate proceed- Total town properties purchased____ APPRAISAL-LEASE SECTION $666.58 839 544 538 259 457 $811, 335. 78 450 425 $78, 130.57 9 $413.99 2,726 2, 721 119 $240. 32 9 8,430. 05 9 283.33 3 Responsible to the chief, branch of realty, for carrying out the appraisal and leasing programs of the Osage Agency. Evaluates tracts of improved and unimproved lands and urban properties for the purpose of rental, sale, acquisitions, partition, exchanges, rights-of-way, damages, insurance, insurance losses, oildrilling and oil-tank sites, tax evaluations, removal of restrictions and also determines royalties and damages in connection with sand, gravel, stone, and other mineral leases except oil and gas. Also responsible for the program of insurance for fire, windstorm, and extended coverage of all buildings located on restricted properties, appraisals thereof, payment of premiums and adjustments in the event of loss. Reviews all surface leases for conformity to the leasing regulations covering restricted Osage Indian lands. The collection of rentals, proper accountability and distribution thereof, and compliance with terms of leases are necessary factors and require continuous attention. Applications for all types of rights-of-way are processed by this section. For the 1957 fiscal year statistics of the appraisal-lease section see functional statement of branch of realty. TAX SECTION Responsible to the chief, branch of realty, for carrying out the tax service program of the Osage Agency which includes the preparation and filing of declarations of estimated Federal income taxes, and the preparation and filing of both Federal and State income-tax returns for restricted Osage Indians and payment of taxes due on these income-tax returns. Tax services also include the responsibility of seeing that the tax evaluations are proper, and that funds are accumulated each year for the payment of ad valorem taxes on all taxable restricted real estate owned by restricted Osage Indians. Homestead exemptions are filed for all restricted Osage Indians who live on their own land and the land is not otherwise tax exempt by some act of Congress. For 1957 fiscal year statistics of the tax section see functional statement of branch of realty. DEAR MR. MURRAY: Enclosed are our replies to the questionnaire, together with a completed tabular form, in duplicate, as requested in your form letter of April 17, 1958. We appreciate your concern for the Indian people and hope that you will continue your interest in their rights and welfare, and if we can be of any further assistance, please advise. Sincerely yours, PAWNEE JOHN L. JOHNSON, QUESTIONNAIRE ON THE DISPOSITION AND ACQUISITION OF INDIAN LANDS IN THE LAST 10 YEARS PART I An extra column has been provided on the questionnaire table for fiscal year 1958 and the number of transactions completed and approved has been inserted together with the total acreage for each type of transaction and an estimate of 16 land-sale transactions involving 1,251.24 acres will be completed within the fiscal year 1958 under "Disposals to fee status." And, an estimate of 4 exchanges from individual trust or restricted land, involving 320 acres will be completed within the fiscal year 1958 under acquisitions from trust or restricted status. An estimate of a purchase of fee land involving 40 acres will be completed within the fiscal year 1958 under "Acquisitions from fee status." In reporting realty transactions we used the Annual Reports for Minerals for fiscal years 1948 through 1957 which indicates the total acreage under mineral lease and unleased acreage and also the various types of land transactions recorded in land-sale record book for years 1956-57, and the tract books for the five tribes under this jurisdiction, namely: Kaw, Otoe, Ponca, Pawnee, and the Tonkawa Indians, and are furnishing as complete information as is available. As to tribal and individually owned trust or restricted land: 1. There were 2,355.11 acres in tribal ownership on July 1, 1947, held in trust. There were none acquired in fee. 2. There were 45,341,955 acres of trust or restricted land held in individual Indian ownership of July 1, 1947. Items 3 through 10, inclusive, are shown on the questionnaire table. 11. There were 2,515.61 acres in tribal ownership on December 31, 1957. The difference of 160.50 acres resulted from the Solicitor's opinion on June 26, 1956, holding the 160 (160.50)-acre tract to be property of the Tonkawa Tribe of Indians rather than property of the Federal Government. M-36353 IO-9365. This total acreage is held by the United States in trust. There were none acquired in fee. 12. There were 96,463.45 acres of trust or restricted land in individual Indian ownership on December 31, 1957. 13. Fee patents and order removing restrictions have been issued in accordance with the act of Congress May 8, 1906 (34 Stat. 182; 25 U. S. C. 349), and act of Congress May 14, 1948 (62 Stat. 236; 25 U. S. C. 483). Participation of lands under act of Congress June 25, 1910 (36 Stat. 855-856), and act of Congress May 18, 1916 (39 Stat. 123, 127; 25 U. S. C. 378). Applications for fee patents and order removing restrictions under act of Congress June 18, 1934 (48 Stat. 984), and act of Congress June 26, 1936 (49 Stat. 1967). Sale of land under act of Congress June 25, 1910 (36 Stat. 855). As the Congress did not enact legislation to extend further the period of restrictions on the Kaw homestead allotments it expired on December 31, 1947. Most of the Kaw surplus lands became unrestricted in 1913 by expiration of restrictions except the lands allotted to minor members who had not reached the age of majority and that restrictions on only a few of the allotments were extended by the act of March 4, 1923, and expired on March 4, 1948. There are only 7 allotments comprising approximately 859 acres acquired by members of the Kaw Tribe by deeds containing restrictions against alienation carried at this office as restricted land and since the title question to these tracts is pending in the Solicitor's Office in Washington, we do not know whether we are expected to exercise any jurisdiction and supervision over the lands. About 50 percent of the Indians who sold lands under supervised sale have benefited by improving their homes and economic welfare while about that many have squandered their money on automobiles, purchased homes without supervision, mortgaged and disposed of them, and have nothing to show for the amount they have received from the sales. The Ponca Tribal Council has gone on record of not being in favor of a wholesale sale of lands for the reason most of the sales cover individual lands of the Ponca Tribe of Indians and nearly all of them have been bringing good prices at the sales. In November 1956, prior to the December meeting in Dallas, Tex., with the Commissioner, the reducing of land sales was one of the problems the representatives of the tribal council were to discuss with the Commissioner. No resolutions have gone on record and approved. 14. (a) Multiple ownership has affected the acquisition and disposal of Indian lands with particular reference to undivided interest owned by the tribe, particularly those owning small undivided interests and have moved away from the reservation and do not intend to return and especially those who have obtained employment elsewhere and are independent. They have no particular reason other |