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JUSTIFICATION

It is a well established and recognized axiom that land is worth only what it will produce. Mr. Mont H. Saunderson, of Bozeman, Mont., a well established appraiser of ranch properties, contends that a cow is worth her home. Stated in reverse it can, therefore, be submitted that the cow's home is worth the cow. Mr. Henry T. Murray, custom appraiser of Missoula, Mont., prepared an appraisal covering 58,000 acres of scattered Indian lands within the Riverton reclamation withdrawal area on the Wind River Reservation, dated May 1, 1952. His values for grazing land were obtained by capitalization of fair annual rental values at 5 percent. He also recommended a flat average rate per acre for the entire area, even though it was shown that small acreages in many of the individual tracts were irrigable or are now being irrigated and farmed.

In the instant case it can be stated that the Flathead timberlands are being operated under the provisions of a long-time sustained-yield management plan in accordance with Federal legislation. It can reasonably be expected that the major portion, if not all, of these lands will continue to be so operated, whether they are sold to the United States or whether they are at some future time to be managed by a tribal corporation. The purchase of timberland in these circumstances has a national as well as local conservation aspect, which is quite different from a complete and permanent liquidation of all timber assets on such lands at the time of purchase.

It is granted that there is some variation as to the volume of timber per acre and the range capacity of the Flathead allotments which are located within the established logging units; however, such variation is not great, and the proposed purchase program would operate much more rapidly if the average rates per acre were applied.

BILLINGS, MONT., December 31, 1952.

THOMAS L. CARTER, Regional Forester.

RESOLUTION No. 972 OF THE GOVERNING BODY OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION, AN INDIAN CHARTERED CORPORATION

A resolution requesting the restoration of certain townsite lots and agency reserve lands, and requesting that lands in the same category that are undisposed and "open" lands be offered for sale

Whereas the Confederated Salish and Kootenai Tribes of the Flathead Reservation, is an Indian chartered corporation under the act of June 18, 1934 (48 Stat. 984); and

Whereas certain portions of land situated within the exterior boundaries of the Flathead Indian Reservation were set aside in accordance with the act of April 23, 1904 (33 Stat. 302), as amended by the act of March 3, 1905 (33 Stat. 1048, 1080), Executive orders (3 Kapp. 680, 4 Kapp. 1026), as townsites and agency reserve lands; and

Whereas certain townsite lots have not been entered upon and that some agency reserve lands are not being used for the purposes for which they were reserved, it appears that the needs and best interests of the Confederated Salish and Kootenai Tribes can be better served if such tracts were returned to tribal ownership; Now, therefore, be it

Resolved by the Tribal Council of the Confederated Salish and Kootenai Tribes of the Flathead Reservation, composed of 10 members of whom 10 were present, constituing a quorum, at a special meeting held March 28, 1958, That Resolution No. 955 is revoked; that the Secretary of the Interior restore all lands shown on the attached schedule I; that the Secretary of the Interior revoke his orders of September 19, 1934, and November 2, 1934, insofar as they pertain to the undisposed "open" lands described on the attached schedule II; and that said lands be offered for sale and the proceeds therefrom will be credited to the Confederated Salish and Kootenai Tribes' treasury account.

CERTIFICATE

The foregoing resolution was on March 28, 1958, duly adopted by a vote of 9 for, 0 opposed, and 1 not voting by the Tribal Council of the Confederated Salish and Kootenai Tribes of the Flathead Reservation, pursuant to authority vested in it by section 5 (b) of its charter, and article VI, section 1 (a), (c),

and (u) of its constitution approved by the Secretary of the Interior on October 28, 1935, and approved as amended by the tribes, adopted December 10, 1948, and approved by the Secretary of the Interior on December 22, 1948. Attest:

WALTER W. McDONALD,

Chairman, Tribal Council. ROBERT A. MCCREA, Secretary-Treasury, Tribal Council.

SCHEDULE I

LANDS FOR RESTORATION TO TRIBAL OWNERSHIP OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION

Camas townsite:

Block 6, school reserve.

Block 10, lots 1 to 6, inclusive.

Block 22, public reserve.

Perma townsite: NE SW1⁄44 sec. 31, T. 19 N., R. 23 W. (not platted).
Pablo townsite:

Block 25, lots 1 and 2.

Block 37, lots 1 and 2.

Yellow Bay townsite:

Block 5, lots 1 to 5, inclusive, 8 to 12, inclusive.

Block 4, lots 1 to 3, inclusive, 7 to 8, 11 to 12.

Block 12, lots 4 to 6, inclusive.

Block 14, reserve.

Charlo (Tabor) townsite:

Block 17, lots 1 to 3, inclusive.

Block 19, lots 1 to 9, inclusive.

Block 20, lots 1 to 9, inclusive.
Block 21, lots 1 to 4, inclusive.

Moiese townsite: SNE4 sec. 28, T. 19 N., R. 21 W., comprising 80 acres. Agency reserve lands:

St. Ignatius: Beginning at the e corner, to sections 14 and 23, T. 18 N., R. 20 W., principal meridian, Montana, N. 0° 1′ W., 10 chs.; E. 5 chs. ; N. 0° 1' W. 20 chs.; E. 15 chs.; S. 0° 1' E., 18 chs.; W. 7 chs.; S. 0° 1' E., 12 chs.; W. 13 chs.; to point of beginning in ESE4 sec. 14, T. 18 N., R. 20 W., principal meridian, Montana, containing 41.60 acres, more or less, excepting from the effect of this restoration; Lowever, that certain parcel of ground in 2 tracts containing 3.78 acres heretofore conveyed to G. H. Beckwith by patent under the act of June 27, 1918 (40 Stat. 616), described as follows:

Starting at the southeast corner of sec. 14, T. 18 N., R. 20 W., principal meridian, Montana; thence N. 0°1′ W., along the section line common to secs. 13 and 14, 793.7 feet, thence S. 30°46′ W., 463.1 feet; thence N. 0°1′ W., 48.8 feet to the point of beginning; thence N. 56°37′ W., 377.6 feet; thence S. 0°1′ E., 462.8 feet; thence N. 89°35' E., 314.3 feet; thence N. 0°1′ W., 253 feet to the point of beginning, first tract containing 2.58 acres; starting at this point thence N. 0°1' W., 72.2 feet, to the point of beginning of tract 2; thence N. 56°37′ W., 298 feet; thence N. 31°10′ W., 130 feet; thence N. 58°50′ E., 96 feet; thence 45°33′ E., 115 feet; thence S. 65°6′ E., 264.3 feet; thence S. 33°23′ W., 160 feet to the point of beginning, containing 1.20 acres; and 8.50 acre tract to be retained for the irrigation project use and described as follows: Starting at the southeast corner of sec. 14, thence N. 0°01′ W., along the section line common to secs. 13 and 14, 793.7 feet to the point of beginning; which is S. 0°01' E., 33 feet, from the 1128 corner; thence S. 89°46′ W., 463.1 feet; thence N. 0°1' W., 121 feet; thence N. 33°23′ E., 160 feet, which is along the east boundary of the Beckwith property; thence N. 65°6′ W., 264.2 feet; thence N. 45°33′ W., 158.12 feet, which is along the north boundary of the Beckwith property; thence N. 59°00' E., 832.15 feet; thence S. 0°01′ E., 894.8 feet, to the point of beginning; containing after making the exceptions above specified 29.32 acres, more or less.

Ronan: SSE4 sec. 36, T. 21 N., R. 20 W., principal meridian, Montana, and beginning at corner of secs. 1 and 2, T. 20 N., R. 20 W., thence E. along township line, 10 chs.; S. 0°1' E., 6 chs.; W. 10 chs.; N. 0°1′ W., 6 chs.;

to point of beginning in lot 4, sec. 1, T. 20 N., R. 20 W., principal meridian, Montana, except WSW SW SE1⁄4, WE1⁄2SW SW SE, WE E2SW SW SE1⁄4, WEEESWSWSE, S1⁄2NW SW

SE and NNW SW4SE, EEESE SW SW SE, W2 SWSE SW SE, W1⁄2E%1⁄2SWSE SW1⁄4SE1⁄4, containing after the above exceptions, 64.4375 acres.

Camas Hot Springs: SE SE4, sec. 33, T. 22 N., R. 24 W., principal meridian, Montana, containing 40 acres.

Pablo: NNW, SW1⁄4NW4, sec. 12, and E1⁄2E1⁄2NE, sec. 11, T. 21 N., R. 20 W., principal meridian, Montana, except E1⁄2NENE1⁄44, sec. 11, and NW NW NW NW 4, sec. 12, containing, after the exceptions, 137.50 acres, more or less.

Dixon SE2SW4, sec. 9, lot 7, sec. 8, and lots 1, 2, NSW1⁄4NE, sec. 17, NW, NE SW4, sec. 16, S1⁄2SENE, NESENE1⁄44, and E2NW4SENE1⁄44, sec. 17, T. 18 N., R. 21 W., principal meridian, Montana, comprising 407.42 acres, more or less.

Bridge site: Lot 4, sec. 2, T. 16 N., R. 20 W., principal meridian, Montana, containing 39.61 acres.

Jocko: W2E%1⁄2SW, NWSW1⁄4, SW1⁄4SW4, sec. 16, T. 16 N., R. 20 W., principal meridian, Montana, excepting E2NWNE1⁄4SW1⁄4 SW, W1⁄2 W2NENESWSW, of said sec. 16 and 8.40 acres previously patented to the Catholic Church in said sec. 16, comprising, after the exception, 109.725 acres, more or less, reserving a 60-foot right-of-way for road across the SWSW for public use, constructed and maintained by the Bureau of Indian Affairs.

SCHEDULE II

UNDISPOSED OPEN LANDS TO BE OFFERED FOR SALE (FLATHEAD)

Camas townsite:

Block 19, lot 3.

Block 20, lot 11.

Charlo (Tabor) townsite:

Block 2, lot 1.

Block 3, lot 1, park reserve (school needs land for 4-H program and school ground).

Block 6, lots 1 to 3, inclusive 7 to 9, inclusive (withdrawn for park reserve). Block 11, park reserve (school building and playground).

Block 18, park reserve (swamp).

Block 28, lot 8.

Dayton townsite:

Block 6, lots 1 to 12, inclusive (school building and playground).

Block 9, public reserve.

Block 22, public reserve.

Lonepine townsite:

Block 6, park reserve.

Block 8, lots 3 to 7, inclusive.

Block 9, lots 1 to 5, inclusive.

Pablo townsite:

[blocks in formation]

Block 11, park reserve (used by public for school playground and ball park).

Block 13, lot 1.

Block 14, park reserve (to be used for playground).

Block 16, lot 11.

Block 18, lots 1, 2, 3, and 6.

Block 19, lot 6.

Block 28, lots 1, 2, and 10.

Block 29, lots 8 to 10, inclusive.

Block 30, lots 1 and 2.

Ravalli townsite:

Block 1, not subdivided.

Block 2, N1⁄2 not subdivided.

Block 3, NE not subdivided.

Block 12, not subdivided.

Block 14, S1⁄2 public reserve (used by the community for meetings in old school building).

[blocks in formation]

RESOLUTION No. 973 OF THE GOVERNING BODY OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION, AN INDIAN CHARTERED CORPORATION AUTHORIZING THE INSTITUTION OF A TRIBAL LAND-ACQUISITION PROGRAM

Whereas all of the lands that were to be purchased under the tribes' timbered allotment purchase program were not acquired during the time the program was in effect; and,

Whereas there are grazing lands which are contiguous to the established purchase areas of the old program, are in established grazing areas, and are required for Indian communal use; and,

Whereas these lands, in addition to being required for Indian use, would also provide the tribes ingress and egress to other lands which they own, will provide sources of water for surrounding rangelands, and will help provide better management of these timbered grazing lands: Now, therefore, be it

Resolved by the Tribal Council of the Confederated Salish and Kootenai Tribes of the Flathead Reservation, composed of 10 members, of whom 10 were present, constituting a quorum, at a meeting held April 5, 1958, That the attached plan of operation of such program be approved and that funds presently in our local account C-267 be used, and any other funds which may be necessary to complete the program be made available from the United States Treasury account, and that all tracts will be appraised under the appraisal methods established by the Bureau of Indian Affairs and prior to any negotiations with any of the owners and the tribal council approves the transaction.

CERTIFICATE

The foregoing resolution was duly adopted on April 5, 1958, by the Tribal Council of the Confederated Salish and Kootenai Tribes of the Flathead Reservation, at a meeting at which a quorum was present, by a vote of 9 for, 0 opposed, and 1 not voting, pursuant to the authority vested in it by article VIII, section 11 (a), (b), and (e) of the tribes' constitution and bylaws approved by the Secretary of the Interior on October 28, 1935, and approved as amended by the tribes, adopted December 10, 1948, and approved by the Secretary of the Interior on December 22, 1948, and pursuant to the act of June 24, 1946 (960 Stat. 302); and section 5 (b) and (e) of the corporate charter of the tribes, ratified by the tribes on April 23, 1936, issued by the Secretary of the Interior on April 21, 1936, pursuant to section 17 of the act of June 18, 1934 (48 Stat. 984).

FLATHEAD TRIBAL LAND ACQUISITION PROGRAM, FLATHEAD INDIAN RESERVATION, MONT., APRIL 5, 1958

LOCATION AND GENERAL DESCRIPTION

The Flathead Indian Reservation is in the northwestern part of Montana, occupying portions of Lake, Sanders, Flathead, and Missoula Counties. It is bounded on the east by the divide of the Mission Range, on the south by Missoula County, on the west by the Cabinet and Lolo National Forests, and on the north by a line about three-fourths mile north of the sixth standard parallel. Nearly the entire reservation is adjacent to national forests.

The Indian enrollment of the reservation is 4,410, 50 percent of whom live on the reservation.

A very small percentage of the valleys and the agricultural land is in Indian ownership.

The entire reservation is within the watershed of the Flathead River. The basin country, which includes all of the agricultural land, is comprised of three principal physiographic divisions; Mission, Jocko, and Camas Valleys. The Flathead irrigation project provides water for the Mission, Jocko, and Camas divisions. Mission Valley, the largest of the 3 divisions, lies adjacent to and west of the Mission Range.

The Jocko Valley division is in the southeastern part of the reservation and includes the area drained by the Jocko River which joins the Flathead River at Dixon.

The Camas Valley division is in the western half of the reservation and is drained by the Little Bitterroot River which joins the Flathead River at Sloan's Ferry.

TOPOGRAPHY

The Mission Range on the east rises 7,000 feet above the valley. They are made imposing by the unusual absence of intervening foothills. Some of its peaks exceed 12,000 feet in elevation. The upper portions of this range are covered with snow during much of the year and contain a number of glaciers The elevation of points between Dixon and Polson on the Northern Pacific Railway branch line are: Dixon, 2,550; Moiese, 2,592; D'Aste, 2,777; Charlo 2,947; Ronan, 3,004; Pablo, 3,100; and Polson, 2,927 feet above sea level.

The topography of much of the lower basin country is gently rolling. There are, however, occasional stony ridges extending several miles in length. The larger ridges rise 300 to 400 feet above the general level, and roughly parallel the Flathead River.

LAND OWNERSHIP

The gross area of the reservation is 1,243.969 acres. It was opened to homestead entry in 1910. Since that time, approximately 610,935.04 acres have been alienated; of the remaining, 633,033.96 acres are owned by the tribe and individual tribal members.

Practically all tribal lands are in high and rough mountains that form the border of the reservation on all sides, except the northwest corner. However some tribal lands in the interior of the reservation are located on low, short mountains or ridges that rise above the general level of the surrounding country. Allotted lands are, for the most part, located on slopes and in the foothills and in the mountains.

With the exception of the highest and most rugged parts of the reservation, tribal and allotted, white-owned and State lands are intermixed.

PURCHASES

Since the opening of the reservation for homesteading and the sale and exchange of various restricted allotted tracts, the tribal council has instituted various purchase programs in order to consolidate their holdings. The first such program started is known as the Baker purchase program for which funds were made available by the act of August 9, 1937 (50 Stat. 370), to purchase lands for the tribes. From this appropriation, 2,681.069 acres were purchased in trust status. The cost of these acquisitions was $49,695.53. Through various additional programs and until 1953, the tribes had acquired 48,315.89 acres at a cost of $255,401.14. The tribes' most recent land acquisition program which started in 1953 and ended in 1957, permitted them to acquire an additional 82,753.24 acres at a cost of $923,512.18. The Confederated Salish and Kootenai Tribes over the period of years have acquired 133,750.199 acres at a cost of $1,228,608.85. Of the total expenditure, all of the money was derived from tribal funds, except the money used for the acquisition of lands under the Baker purchase program.

ALLOTMENT ACTS

The Allotment Act of February 8, 1887 (24 Stat. 388), as amended by the act of May 8, 1906 (36 Stat. 182), permitted 2,460 individual enrollees of this reservation to obtain 228,434.25 acres by allotments. These allotments are known as 1908 allotments. The allottee owns the timber and minerals on these allotments. On February 25, 1920 (41 Stat. 452), unallotted enrolled children of members of the tribe were allotted. Nine hundred and twenty individuals were involved and received 123,457.27 acres. Allotments made under this act were within the original limits of the reservation and included an area now classified

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