The act of June 2, 1924, allowed the heirs of the deceased original allottee to dispose of the homestead allotment. The Congress recognized, at that early date, the possible multiple heirship and ownership problems that would occur. Disposition would be authorized by existing laws relating to Indian allotments through partition, sale, and issuance of patents-in-fee.

This act did not provide for disposition by the original allottee. (4) Act of June 18, 1934 (48 Stat. 984): The Wheeler-Howard Act or Indian Reorganization Act to conserve and develop Indian. lands and resources and extend to Indians the right to form businesses and other organizations.

The Blackfeet Indian elected to accept the Indian Reorganization Act November 13, 1935, and prepared a constitution and bylaws which were approved by the Interior Department December 13, 1935. Under the provisions of this act no sale, devise, gift, exchange, or other transfer of Indian lands could be made except to the Blackfeet Tribe or members of the Blackfeet Tribe. Title to lands acquired by this act would be taken by the United States in trust for the tribe or individual Indian.

The constitution and bylaws adopted by the Blackfeet Tribe provided authority for the tribe to purchase land, article VII, section 12. Purchase authority was restricted to the following categories:

(a) Land within or adjacent to the Blackfeet Reservation which is not in Indian ownership.

(b) Restricted land, which is in heirship status at the time of adoption and approval of their constitution.

(c) Land owned by tribal members who are over the age of 60 years or is physically incapacitated and who is without dependents may be transferred to the tribe in exchange for a pension.

(d) The tribe may purchase the land of any member who desires to leave the reservation permanently.

By the provisions of their constitution the Blackfeet Tribe is limited as to the lands they can purchase. Effective land acquisition and consolidation programs are almost impossible under these restrictive provisions. The Blackfeet, April 30, 1958, constitutional amendment election proposed to remove the restrictive provisions; however, the required vote was not received to qualify the election.

Another provision in the tribe's constitution relates to granting exchange assignments to members of the tribe in return for a conveyance of the member's own allotment or other land interests to the tribe. In this instance the tribe received a deed and title to the member's land; however, the member in turn received only an assignment or use right to the exchange lands. The act of May 28, 1956 (70 Stat. 187), provided a remedy for this as set out below.

(5) Act of May 14, 1948 (62 Stat. 236): An act to authorize the sale of individual lands acquired under the act of June 18, 1934, and under the act of June 26, 1936 (49 Stat. 1967). The act removed the restrictions against disposition imposed by the Wheeler-Howard Act of June 18, 1934. Individuals were again allowed by the Congress to make application for and have approved by the Secretary of the

Interior, the issuances of patents in fee, removal of restrictions, and conveyances of their lands or interests in lands. Under the May 14, 1948, act the individual tribal members could again dispose of or change to a fee status their own individual holdings except for the homestead 80-acre allotment when the original allottee was living.

(6) Act of June 4, 1953 (67 Stat. 42): An act to amend the act of June 30, 1919 (41 Stat. 61).

This act amended the June 30, 1919, act by substituting in section 10 of the said act the following:

Provided, That of the lands so allotted eighty acres of each allotment shall be designated as a homestead allotment by the allottee, and shall be evidenced by a trust patent, which shall be subject to sale, partition, issuance of patent in fee, or other disposition in accordance with the laws relating to the other allotments on the Blackfeet Reservation.

Section 2 of this act repealed the act of June 2, 1927 (43 Stat. 252), which allowed only the heirs of an original allottee to dispose of a designated homestead.

(7) Act of May 28, 1956 (70 Stat. 187): An act relating to the issuance of certain patents in fee to lands within the Blackfeet Indian Reservation.

Provision is made to those tribal members holding exchange assignments to apply for either a fee patent or trust patent covering the exchange assignment lands. Title is thereby clearly vested in the individual in return for his having conveyed land to the tribe. The land could then be administered as other trust or restricted lands and applicable laws pertaining to Indians. The patent-in-fee land would be disposable at the discretion of the patentee.

The above acts now make it possible for individual Indians on the Blackfeet Reservation to apply for and complete the disposition of all or part of their land holdings subject to regulations and acts affecting disposition. From June 30, 1919, to June 4, 1953, some form of restriction was applicable to all or part of their lands. Now they have an opportunity to sell or retain their property, to sell to the Blackfeet Tribe or members thereof, or alienate by issuance of a patent in fee or through the mediums of a supervised sale.

Present constitutional restrictions found in the Blackfeet Tribe's constitution and bylaws prevents the tribe from acquiring all of the lands offered for sale. Further, the tribe is not financially able to acquire these lands.

By letter dated June 30, 1955, the Commissioner of Indian Affairs granted authority to the Blackfeet Tribe to acquire allotted lands when the individual or individuals wanted to convey their lands to liquidate debts to the Blackfeet Tribe. The conveyance would be at the appraised value and the Blackfeet Tribe could apply the individuals' debt as full or partial payment, depending on the land value and amount of the debt. This grants additional acquisition authority to the Blackfeet Tribe; however, funds are again the limiting factor.

ATTACHMENT No. 5-BLACKFEET

NARRATIVE REPORT FOR QUESTION 14, PART I OF THE QUESTIONNAIRE, HEIRSHIP OR MULTIPLE OWNERSHIP PROBLEMS

The allotted lands on the Blackfeet Indian Reservation are confronted with similar heirship and multiple-ownership problems found on nearly all Indian reservations subject to allotting. Fractionation following the death of the original Indian owner or his heirs has affected approximately 60 percent of the allotted lands. Multiple ownership is becoming more prevalent due to the reservation proximity to and the tribe's affiliation with Canada and Canadian nationals. Also, the Blackfeet people are integrating with non-Indians. Individual alien or non-Indian inherited interests exceed 200 and are exemplified by the attached allotment and estate record copy of one Blackfeet estate. This is a more complicated case but does indicate the trend of allotments.

Annual

The allotment or estate record example covers the allotment of Heading Off, Blackfeet allottee No. 2478, deceased. The acreage remaining in a trust or restricted status includes only the homestead 80 without minerals. The surface is limited to grazing use. rental would be $24 for the entire acreage, however, since the Bureau does not administer the interests of alien or non-Indians, only the trust interests can be processed by the Blackfeet Agency. Individual leases must be executed for the alien or non-Indian interests which would be prohibitive costwise for a prospective lessee.

Many minor's interests are a part of this estate. As provided in the Indian Reorganization Act and other provisions, these minors' interests could not be disposed of unless a court-appointed guardian would act in their behalf. Since the minors inherit through probation of other estates subsequent to the Heading Off probate, the minors' interests are the smaller. Letters of guardianship would cost more than the combined value of each minor's share. If for no other reason, it is doubtful if this land could be disposed of due to the minors being present. Likewise, this applies to unprobated estates.

Multiple ownership is very noticeable in the Heading Off estate. The largest individual-interest owner is a Canadian national. Several white or non-Indians also share with the alien and Indian owners. No one individual or family group owns sufficient interest to use the land for themselves without permission of the other heirs. Lease income is so small to each individual that the money derived could not affect their standard of living. Some interests take more than 1 year to realize a few cents.

This estate has fractionated to the extent that continued trust ownership of the trust interests actually depresses their leasing or disposal values. Every year one or more of the heirs dies and the heirship and multiple ownership problem becomes greater. Obtaining clear title to all of the interests would involve costs greater than the surface land value.

The Heading Off allotment or estate record card is a good example of estates now so complicated that use or ownership benefits are almost intangible. Several similar estates exist and each year these become worse and more approach the same status.

A growing problem on these estates and on lesser estates are the valid claims allowed. Each estate interest, however small, would have a use income which is applied on retiring allowed claims.

Due to these claims, many present heirs do not realize any income for several years. The heirs are reluctant to execute leases or conveyances because there will not be any income to them. This is one of the reasons older Indians want to dispose of portions of their lands and use the proceeds in their old-age subsistence rather than leave an encumbered estate. The actual number of encumbered estates is not known, however they are increasing more rapidly than older claims are retired.

The Blackfeet Tribe has not acquired interests in estates where the owner dies intestate without heirs and the lands would escheat to the tribe. The Blackfeet Agency maintains individual records on the Blackfeet people and one or more heirs at law are of record.The Blackfeet Tribe has purchased a few undivided heirship interests; however their efforts have been toward purchasing all interests in any one tract. They have been encouraged to purchase the more complicated tracts and have done so in many instances. The tribe has and does acquire lands under the Secretary's authority to sell heirship land; however the limiting factor has been the availability of purchase funds and requirements of the Indian Reorganization Act. The heirship and multiple ownership problems are affecting the acquisition and disposition of Blackfeet Indian lands. The problems are not as acute as at other jurisdictions, however at the present rate of normal deaths, it will be acute in a few years.