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 the 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.

No.

8. Has the tribe or the area office been instructed to turn real estate operations over to the Bureau? Please comment on the differences in effectiveness of Bureau and tribal operations.

(a) No.

(b) There is no basis for comparison as the Sac and Fox Tribe is not possessed of any tribal land.

DISPOSALS-REMOVAL FROM INDIAN BUREAU JURISDICTION BY PLACING OF UNRESTRICTED FEE-SIMPLE TITLE IN OWNERS

Sales to fee status.

O. POTAWATOMI 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) 80 acres.

(b) 80 acres. (c) None.

2. How many acres of trust or restricted land were there in individual Indian ownership as of July 1, 1947?

There were 27,223.58 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) Eighty acres.

(b) 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 24,067.60 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.

(a) There have been no special acts of Congress involving members of the Potawatomi Tribe with respect to acquisition and disposal of trust or restricted land.

(b) No specific study as such has been made of the cause and effect of 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 sale 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: (a) Undivided interest owned by the tribe.

No undivided interests owned by the Potawatomi Tribe. No problems.

(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 Potawatomi 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 Potawatomi 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 and only limited funds and has evidenced no desire for initiating a tribal land program.