5. POTAWATOMI AREA FIELD OFFICE DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS, Hon. JAMES E. MURRAY, Chairman, Committee on Interior and Insular Affairs, United States Senate, Washington, D. C. MY DEAR SENATOR MURRAY: This has reference to your letter of April 17, 1958, requesting information regarding trust land transactions for a 10-year period from July 1, 1947, to June 30, 1957. The Potawatomi jurisdiction is comprised of four small reservations. These are the Potawatomi Reservation in Jackson County, Kans.; the Kickapoo Reservation in Brown County, Kans.; and the Iowa and the Sac and Fox Reservations in Brown County, Kans., and Richardson County, Nebr. In accordance with your request there are forwarded in duplicate, separate reports covering each reservation. The statistical data is considered to be accurate as reflected by a detailed examination of the land records on file in this office. Sincerely yours, BUFORD MORRISON, Area Field Representative. A. KICKAPOO TRIBE (KANSAS) QUESTIONNAIRE ON THE DISPOSITION AND ACQUISITION OF INDIAN LANDS IN THE LAST 10 YEARS PART I 1. How many acres were there in tribal ownership on July 1, 1947? How many acres in trust? How many acres which the tribe had acquired in fee? (a) Nine hundred and eighty acres. (b) Nine hundred and eighty acres. (c) None. 2. How many acres of trust or restricted land were there in individual Indian ownership of July 1, 1947? There were 5,099.88 acres. 3. How many transactions, by which tribal or individually owned lands were disposed of (including the placing of unrestricted fee title in the hands of the owners by issuance of patents in fee, certificates of competency, etc.), were consummated during each fiscal year since July 1, 1947? 4. How many acres were so disposed of or removed from Bureau jurisdiction during each fiscal year since July 1, 1947? 5. Give the numbers of transactions for each year which will be shown in answer to No. 3, above, broken down by the type of transaction. 6. Give the acreages for each year which will be shown in answer to No. 4, above, broken down by the type of transaction. 7. How many transactions, by which tribal or individual Indian lands were acquired, were consummated during each fiscal year since July 1, 1947? None. 8. How many acres were so acquired during each calendar year since July 1, 1947? None. 9. Give the numbers of transactions for each year which will be shown in answer to No. 7, above, broken down by the type of transaction. None. 10. Give the acreages for each year which will be shown in answer to No. 8, above, broken down by the type of transaction. None. 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? (a) Nine hundred and eighty acres. (b) Nine hundred and eighty acres. (c) None. 12. How many acres of trust or restricted land were there in individual Indian ownership on December 31, 1957? There were 4,219.88 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 t tribal council passed or consi Please elaborate and include an se and f V res ns a sales? Has the on this subject! (a) There have been no special acts of Congress involving members of the Kickapoo Tribe with respect to acquisition or disposal of trust or restricted land. (b) No specific study as such has been conducted of the cause and effect on sales; however, the situation is constantly under appraisal by agency officials; and definite conclusions have been noted as to cause and effect. (c) The tribal council has not passed or considered any resolution on the land disposition subject. (d) The tribal council has not taken a stand against the sales of individually owned trust or restricted land. 14. Discuss to what extent, if any, the heirship, or multiple-ownership problem has affected the acquisition and disposal of Indian lands, with particular reference to the following facets of the problem: 14. (a) Undivided interest owned by the tribe. No undivided interests owned by the tribe. (b) Undivided interest owned by non-Indians and alien Indians. The unrestricted nature of undivided interests in land owned by non-Indians and aliens seriously affects the land-disposition program because prospective purchasers do not care to purchase undivided interests through Bureau supervised sales without some assurance that they can acquire the unrestricted interests which the Bureau cannot guarantee. Prospective purchasers are fearful that a lawsuit may arise if undivided interests are purchased and they become joint owners of a tract of land in unrestricted status with others. (c) Undivided interest owned by minors on reservations which are under the Indian Reorganization Act. Ownership by minors of undivided interests on the Kickapoo Reservation has created no problems as to dispositions of land because of the Secretary's authority to sell such land in justifiable cases. Neither are any problems created as to acquisition of land because the tribe does not have a land-acquisition program. (d) Difficulty of reaching agreement among all heirs as to use or disposal of lands. The highly fractionated status of land on the Kickapoo Reservation precludes full opportunity for proper usage and management because of the diversity of opinion of the owners on proper usage and management. In cases of disposals, it is extremely difficult for all of the owners of fractionated interests to agree upon a sale or other division even though the land involved contributes only in an infinitesimal measure to their economic status. (e) What use has been made of the Secretary's authority to sell heirship lands when the owners have died intestate and have left minor or incompetent heirs? To what extent has the tribe been encouraged or permitted to buy such lands? (1) Limited use has been made of the Secretary's authority to sell heirship lands involving minors and incompetents. (2) The tribe has no land-acquisition program at the present time and only a limited amount of funds, but there has been shown a desire to acquire more land for tribal use. The tribe has been advised to study thoroughly the matter of acquiring more land and to try to develop a more workable land-use program than is now in effect; after which more consideration could be given to the acquisition of additional land, providing sufficient funds were available. PART II-KICKAPOO (KANSAS) 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? None. 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? None. 4. How much acreage and how many tracts alleged by the tribe to be key tracts were sold to non-Indians? None. 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. Not applicable 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. Not applicable. PART III-KICKAPOO (KANSAS) 1. Give the position of each tribal real-estate employee, his annual salary, and the nature of his work. No tribal real-estate employees. 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. No agency real-estate employees paid for from tribal funds. 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. 4. Does the tribal organization have a real-estate committee with authority to approve tribal real-estate activities? Explain fully. No. 5. Does the tribal organization have a real-estate committee which advises the tribal council with regard to tribal real-estate activities? Explain fully. No. 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. No need indicated by tribe for employment of real-estate 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 tribe acquired approximately 960 acres of land under the Indian Reorganization Act during the early 1940's through the rehabilitation program. This land was broken down into several different tracts and assigned to various landless Kickapoo Indians. The assignment agreement contained stipulations outlining the assignees' responsibilities and obligations, but in very few cases have the assignees faithfully fulfilled their assignment agreements. The tribal governing body takes little action in enforcing the agreements because it does not wish to deprive fellow tribesmen of a home. 8. Has the tribe or the area office been instructed to turn realestate operations over to the Bureau? Please comment on the differences in effectiveness of Bureau and tribal operations. (a) No. (b) In the past when the Bureau was empowered by the tribal council to supervise and administer the tribal leasing program on the unassigned lands, all such lands were promptly placed under the best lease possible that would return the most to the tribe. The tribe now insists on handling its own leasing, and as a result some of the lands go unleased; others are leased but return no revenue to the tribe; still others return only a fraction of what might ordinarily be expected. The present policy of the tribe is to lease only to Indians of the Kickapoo Tribe. |