10. The acreage acquired as a result of the transactions mentioned in item 9 are:

11. The tribes owned no fee lands on December 31, 1957; however, they owned 528,693.76 acres in a trust status.

12. There were 102,545.73 acres of trust or restricted land in individual Indian ownership on December 31, 1957.

13. The act of March 3, 1933 (47 Stat. 1753) provided for the addition of 11 persons to the final roll of the Indians of the Flathead Reservation. Ten of the 11 were to receive allotment of lands on the Flathead form available unallotted lands. The act of June 18, 1934 (48 Stat. 984), has affected the acquisition, disposal, and leasing of lands. The effect of this bill will be discussed in more detail in answering item 14 of this section.

There has been no study made of the cause and effect of sales of lands; however, the Tribal Council of the Confederated Salish and Kootenai Tribes has through resolution expended large sums of tribal funds to acquire a very sizable acreage of individual Indian and nonIndian lands in Indian communal use areas. In addition, to the expenditure of funds the tribes negotiated exchanges to consolidate their holdings in range land use areas. The acreage, acquisition consideration, present use, and terms and tenure of use of some of these tracts are:

Polson Sheep Co.; approved November 29, 1945: 13,466.34 acres: $59,699.10; used by two Indian stock associations on a 3-year permit for a rental of $1,291.20 per year.

Owen exchange; approved July 22, 1944: 200 acres; $1 and use of other lands; used by Indian lessee on a 3-year basis at $24 per year rental.

McTucker land purchase; council Resolution No. 728, dated July 19, 1950; approved October 13, 1950: 320 acres; $1240; permitted to an Indian stock association for 3 years at an annual rental of $38.

Cantrel land exchange; approved July 28, 1950: 40 acres; for lands of equal value; permitted to an Indian stock association for 3 years at an annual rental of $2.

Pringle land purchase; approved December 29, 1947: 1,180 acres; $6,785; permitted to an Indian stock association for 3 years at an annual rental of $112.80.

Carey land purchase; approved April 15, 1949: 160 acres; $1: leased to a non-Indian married to a tribal member for 5 years at the annual rental of $50.

Morin exchange; approved March 21, 1951: 160 acres; and 70.71 acres; exchanged 200 acres of tribal land of equal value; a 3-year permit to an Indian stock association at an annual rental of $16.

Kickinghorse land purchase (Interior appropriation, act of July 12, 1943, Public Law 133, 78th Cong.): 80 and 100.55 acres; acquired

for $1,400 and $1,270 respectively; the tracts are permitted to an Indian stock association for 3 years at $14 annual rental.

State land purchase; Council Resolutions Nos. X-678 and 754 dated March 1, 1949, and February 23, 1951; transaction approved July 24, 1952:

Acres, 640; $6,080; 3-year permit to Indian stock association at annual rental of $62.40.

Acres, 640; $8,320; 3-year permit to a non-Indian at an annual rental of $268.80.

Acres, 160; $3,200; 3-year permit to a non-Indian at an annual rental of $56.

Acres, 400; $4,400; 3-year permit to a non-Indian at an annual rental of $49.

Wildhorse Island exchange: approved May 10, 1946 (Private Law 279, 81st Cong., ch. 590; 1st sess. H. R. 1976). 1,903.29 acres; exchanged 605.09 acres of tribal land; 3-year permit to an Indian stock association at an annual rental of $238.

Bruns Ranch exchange; approved September 19, 1938, Resolution No. 54, dated September 3, 1937: 1,953.05 acres; exchanged 5 million feet of tribal timber; there is a tribal standard assignment for life to a tribal member on 734 acres at an annual rental of $98.96 and a 3-year permit at an annual rental of $60 to the same tribal member on the balance (1,219.05 acres).

In line with your letter of April 17, I wish to call your attention to the difference in acreage of lands listed above, acquired during the period covered by this report, and the acreage figures shown in item 10. The acreages were obtained from the record of approved transactions and the tracts listed are those case files on record at this office.

The following lands were purchased under authority of the act of August 9, 1937 (50 Stat. 573). The transactions were approved from December 1, 1937, through August 15, 1940.

Acres, 80; $4,550; standard assignment for life to a tribal member at an annual rental of $92.

Acres, 70: $1,400; reserved for an Indian village.

Acres, 160; $400; 4-year lease to a non-Indian at an annual rental of $24.

Acres, 647.58; $6,799.59; 3-year lease on 35 acres to a tribal member at $100 annual rental: the balance of 612.58 acres permitted to an Indian stock association for 3 years with rental of $40 annually.

Acres, 50; $1,000; leased to an Indian for 5 years at an annual rental of $100.

Acres, 180; $9,915; leases to an Indian for 4 years at annual rental of $100.

Acres, 14.767; $2,026.02; reserved for Indian village.

Acres, 275; $3,330; 55 acres assigned to a tribal member for life at rental rate of $15.20 per annum: the remaining 220 acres permitted to an Indian stock association for 3 years at rental of $16 per year.

Acres, 220; $8,000 and 60 acres $740; assigned to a tribal member for life at $132 per year rental.

Acres, 1.582; $94.92; reserved for Indian village.

PART III-FLATHEAD

There are 10 tribal employees. The services of two employees are used in performing land transactions.

The lease clerk has a grade and salary comparable to a GS-7, $4,660 per annum. The incumbent is responsible for those realty functions pertaining to leasing and permitting of individual Indian and tribal lands and the checking of right-of-way applications, maps, and the preparation of schedules of damages as result of right of way. The clerk-stenographer has a grade comparable to a GS-5, $3.940 per annum. The incumbent serves as secretary to the realty officer and supplements this duty by performing clerical work in the Acquisition and disposal section of the branch of realty.

The tribes do not have in their employ a real-estate adviser or consultant on tribal real-estate activities. The branch of realty at this agency provides the tribes with this service when requested to do so, as well as keeping the tribes informed on realty developments which may be of interest to them. The area office, branch of realty, also provides a similar service when requested by the tribal council. The tribal council has a subcommittee known as the natural-resources committee that recommends action and provides information to its parent organization on all natural-resources matters, including realty activities. This committee has no approval authority on tribal realty matters; however, their recommendations are seldom rejected by the council. The tribes have not employed private consultants to study any particular phase of its real-estate activities. This office has not discouraged the tribes from soliciting the services of or retaining such a person in a consultant or advisory position.

This office has felt the need and demand for the tribes employing a full-time business manager to expedite certain phases of tribal business, including realty transactions, so that the tribal council would have more time to concentrate on more weighty matters requiring their immediate and undivided attention. The employment of expert engineer-consultants to evaluate the hydroelectric power sites located on the Flathead River and to make studies on the rental received from Kerr Dam, a developed power site, by the tribes is the only type of outside consultant services they have secured.

The tribes have a Tribal Land Enterprise which was established in 1948. The enterprise was to provide realty services for the tribes and individual members thereof. The enterprise was to be self-supporting from fees collected from the processing of various land transactions. The fees charged were in proportion to the total consideration of each transaction. The tribes were unable to provide the services for which the enterprise was originally established. This inadequacy of service was in part due to the inability of the tribes to find adequately trained personnel to perform the work and the lack of fees to hire sufficient personnel. Consequently, the salaries for their employees are taken from their general fund rather than from the enterprise fund. For the period, July 1, 1951, to June 30, 1957, $11,183.38 was obtained from lease fees and $5,447.50 was collected from land sale fees. The tribes have not employed more than 1 employee in the enterprise, for any period of time, until 1955. Since this time, two persons have been employed.

As a result of the understaffing in realty and the lack of sufficiently trained personnel, land cases backlogged, land records were neither set up nor maintained, and there was disregard for any form of administrative procedure in recording and handling requests for land transactions. As a result, the current, partially, Government staffed realty branch and the United States Government are occasionally placed in a somewhat embarrassing position. In order to continue the present enterprise form of operation, it would be necessary to increase the fees 150 percent to pay the salaries of the 2 employees. If such were to be done, the United States Government would be burdened with trespass action and other management difficulties, the expense of which would far exceed the cost of paying the salaries of the enterprise employees from gratuity funds.

The tribal council or the area office have not been instructed to turn real-estate operations over to the Bureau; however, for good administrative procedure, personnel relations, and general good will it would appear that single sponsorship rather than dual sponsorship of such a function as realty operations would be a better arrangement. There are definite policy, procedure, and regulations that have to be followed, for the protection of the landowner as well as the Government, in consummating any land transaction. In fulfilling the requirements of completing a transaction, the unbiased approach promotes good will from the public with which realty personnel has to deal. Government employees have definite behavior patterns they must follow as well as the obligations such personnel have to their work and to the Government. Consequently, their effectiveness by training and moral obligations to their employer enables the work to be carried out more expeditiously and economically. It is, however, commendable of the tribes to expend their funds and manpower in helping support the functions associated with the branch of realty when this service is a United States Government responsibility as trustee.

Sincerely yours,

CHARLES S. SPENCER, Superintendent.

80451-58-23

PART III-FLATHEAD

There are 10 tribal employees. The services of two employees are used in performing land transactions.

The lease clerk has a grade and salary comparable to a GS-7, $4,660 per annum. The incumbent is responsible for those realty functions pertaining to leasing and permitting of individual Indian and tribal lands and the checking of right-of-way applications, maps, and the preparation of schedules of damages as result of right of way. The clerk-stenographer has a grade comparable to a GS-5, $3,940 per annum. The incumbent serves as secretary to the realty officer and supplements this duty by performing clerical work in the Acquisition and disposal section of the branch of realty.

The tribes do not have in their employ a real-estate adviser or consultant on tribal real-estate activities. The branch of realty at this agency provides the tribes with this service when requested to do so, as well as keeping the tribes informed on realty developments which may be of interest to them. The area office, branch of realty, also provides a similar service when requested by the tribal council. The tribal council has a subcommittee known as the natural-resources committee that recommends action and provides information to its parent organization on all natural-resources matters, including realty activities. This committee has no approval authority on tribal realty matters; however, their recommendations are seldom rejected by the council. The tribes have not employed private consultants to study any particular phase of its real-estate activities. This office has not discouraged the tribes from soliciting the services of or retaining such a person in a consultant or advisory position.

This office has felt the need and demand for the tribes employing a full-time business manager to expedite certain phases of tribal business, including realty transactions, so that the tribal council would have more time to concentrate on more weighty matters requiring their immediate and undivided attention. The employment of expert engineer-consultants to evaluate the hydroelectric power sites located on the Flathead River and to make studies on the rental received from Kerr Dam, a developed power site, by the tribes is the only type of outside consultant services they have secured.

The tribes have a Tribal Land Enterprise which was established in 1948. The enterprise was to provide realty services for the tribes and individual members thereof. The enterprise was to be self-supporting from fees collected from the processing of various land transactions. The fees charged were in proportion to the total consideration of each transaction. The tribes were unable to provide the services for which the enterprise was originally established. This inadequacy of service was in part due to the inability of the tribes to find adequately trained personnel to perform the work and the lack of fees to hire sufficient personnel. Consequently, the salaries for their employees are taken from their general fund rather than from the enterprise fund. For the period, July 1, 1951, to June 30, 1957, $11.183.38 was obtained from lease fees and $5,447.50 was collected from land sale fees. The tribes have not employed more than 1 employee in the enterprise, for any period of time, until 1955. Since this time, two persons have been employed.