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In general, the lands are useless to them as only a few run livestock or farm and the rental income is mostly from grazing fees which average about 25 cents per acre and return from $80 to $130 per allotment of 360 to 520 acres. This grazing rental varies to a very limited extent so far as allotments on various parts of the reservation are concerned.

About a third of the Fort Belknap people who own interests in lands upon the reservation live away from the reservation. Of those who do live on the reservation an approximate 50 percent leave the reservation during the spring and summer months to work on construction, the railroads, and on ranches and farms in Montana.

Sales of restricted lands to the general public will be beneficial to people of Indian blood for several reasons. First, it will increase competition for Indian lands thereby raising rental values. Second, it places sufficient cash in the hands of a landowner so that he may possibly establish himself in a locality where work is available to him the year around and he will be able to properly care for and support his family. Third, many of the old people live in want and without medical care during their last years because of aversion to the use of governmental facilities provided. This situation would be relieved and is relieved to some extent through sales although it frequently happens that before funds can be provided through sales, the old person dies because of the sales regulations which must be met and the consequent loss of time between application for sales and consummation thereof. It is suggested that funds for immediate purchase of old peoples' holdings should be made available, if possible. Immediate purchase by Government followed by sale to the public might be the solution. Fourth, sales of land can play a large part in enabling Indian people, who have been relocated to other parts of the country, to weather periods of unemployment and other features of adjustment to a different environment. Fifth, a number of people now living on reservations and owning land interests which they do not use make no effort to earn a living. This group of people follow the natural human trend or desire to get something for nothing, i. e., the paltry sum derived from grazing rental and from welfare support. They are frustrated people who resent the fact of supervision of their lands and have a strongly developed inferiority complex because of the enforcement of such supervision. Inasmuch as the huge majority of these people are now Indians, only insofar as being of Indian blood is concerned, they should be allowed the sale of their lands on the basis that they will move toward supporting themselves when they realize that support in some form, no matter how small, is no longer forthcoming.

The Fort Belknap Indian Community Tribal Council is strongly in favor of the purchase of allotted lands and has purchased 56,687 acres of such lands in the last 10 years. Purchases were made as a result of corporate enterprise loan of $75,000 in 1947. Of this amount $60,000 is still owing the United States Government. The tribes are still purchasing occasional tracts from income from tribal lands but such purchase cannot begin to meet the demand for sale of individually owned Indian lands. It might be stated here that almost none of the tribes organized under the Indian Reorganization Act have returned a per capita profit derived through the efforts of the tribal corporations nor

is there any likelihood that such will come to pass in the foreseeabl future unless constitutions and bylaws and method of operation of corporate tribal bodies are radically changed to the extent that they can readily be liquidated for failure to produce financial returns.

14. (a) The Fort Belknap Tribes fortunately purchased not more than six undivided interests in multiple-ownership lands and at the present time have no intention of making such purchases now or in the future.

(b) On the Fort Belknap Reservation there are 12 undivided interests owned by non-Indians in trust lands which amount to 4,387 acres: there are 8 undivided interests owned by Canadian nationals (Indians which amount to 4,795 acres; and there are 70 undivided interests amounting to 9,075 acres owned by American Indians from other reservations in the United States.

(c) On the Fort Belknap Reservation there are 237 undivided interests in allotments which are owned by minors registered on reserva tions which are under the Indian Reorganization Act. No determination can be made at this time as to whether these minors live on or off reservations. It is reasonable to assume that one-third or more do not live upon reservations. The holdings of these minors amount to 26,632 acres.

(d) There is much difficulty encountered in the leasing of lands in heirship status, particularly in the case of negotiated leases. Current regulations require that the signatures of all adult heirs be procured. Some adult heirs ignore requests for signatures because their share interests are too small to be of any value or interest to them; others refuse signature because the income from the estate or estates in which they inherit must be paid to the United States for settlement of indebtedness allowed by probate and they receive no income for years: still others refuse signature because they have entered into agree ments of indebtedness with the tribe or the United States and all of their income from trust lands must be collected by the United States and applied on such indebtedness; still others have lived away from the reservation all of their lives or for such a long period that they have developed exaggerated ideas as to values and therefore are averse to agreeing with the other heirs by affixing their signatures to leases. In many cases individuals living away from the reservation completely ignore correspondence which deals with the leasing of lands in multiple ownership.

Under present regulations a period of a year or more elapses before all of the signatures of the adult owners of a tract of land can be procured and a lease validated.

This agency is now attempting to procure powers of attorney from all adult heirs involved in multiple ownerships, authorizing the superintendent at a jurisdiction to advertise the lands and execute leases thereon under terms and conditions determined by him and at rentals considered by him to be fair rentals based on land values. This method of handling will undoubtedly result in some increased rentals but will defeat the policy of the Indian Bureau insofar as encouraging the individual to assume responsibility for his holdings is concerned. However, it appears to be the only course open which will permit the limited staffs at most of the agencies in the field to discharge their duties toward the procurance of the best rents possible from Indian lands in trust by the United States Government.

It is very evident in the field that, is long as lands are permitted to be held in trust status and multiple ownership and realty staffs are not increased tremendously over present staffing, a means must be found whereby lands in multiple ownership can be placed under lease without endeavoring to procure the agreement of any of the heirs. This is especially true in cases where the number of heirs is greater than six; where indebtedness allowed by probates exists; and in cases where one or more of the heirs are indebted to the tribes or the United States and collections must be made from the income of the individual.

(d) Disposal of lands.-An increasing amount of difficulty is being encountered in the disposal of lands in multiple ownership because of disagreement among the heirs and for other reasons.

Under present regulations, insofar as tribes organized under the Reorganization Act are concerned, all of the ownership of lands in multiple ownership must give its consent to and acceptance of sales values before a sale may be consummated. In cases where minors and certain other incompetents are concerned, guardians must be appointed and the expense of such borne by Indian people, who, all too frequently, do not have the funds necessary.

It is also true that the share interest of a minor very often will not return sufficient value to warrant the expense of guardianship appointment. Any one adult heir or guardian may block a sale at satisfactory values for a number of reasons such as a personal dislike for the proposed purchaser; because he does not have an immediate need for the proceeds from the sale; because a part or all of the sale proceeds may have to be applied on probate indebtedness; because his share interest or a part thereof must be applied upon his own indebtedness to the tribes of the United States Government or for the payment of other authorized debt; because of court judgments for the support of children, etc.; because he has an exaggerated idea of sales values; because he cannot be located; because he has been offered recompense by some disgruntled individual was was not given an advantageous opportunity to purchase and sometimes because of jealousy and hate for another among the heirs.

It often takes longer than a year to procure the consents to and acceptances of sale values when there are a number of heirs involved and several or all of them live away from the reservation.

(e) To our knowledge, the Secretary's arbitrary authority to sell heirship lands when the original allottee has died intestate as set forth in the following language quoted from trust patents

but in the event said Indian dies before the expiration of said trust period, the Secretary of the Interior shall ascertain the legal heirs of said Indian and either issue to them in their names a patent in fee for said land, or cause said land to be sold for the benefit of said heirs as provided by law, ***.

has never been put into effect as to allotted trust lands on this or on any other Indian reservation.

On many of the reservations the heirship situation has reached the point where the arbitrary authority of the Secretary to sell heirship lands should be used because there is no longer an income return to the individuals holding trust title. In a large number of cases the income of most or all of the share ownerships is collected as handling fees by the Indian Bureau and the overall cost of such handling far exceeds the total rental return. The Government of the United States also pays for the greater amount of effort and time required to keep

the ownership records current, to prepare probate data and to advertise and place under lease.

A total of 1,189 individuals were allotted on the Fort Belknap Reservation. Of these 635 are dead. Approximately 120 allotments of deceased allottees have been sold but remain in trust status because the tribe has made three-quarters of the purchases and individual Indians have purchased the balance. At the present time there are 183 allotments, comprising 67,531 acres, in which only one heir is involved; 249 allotments comprising 89,698 acres in which from 2 to 5 heirs are involved; and 158 allotments, comprising 57,727 acres, in which 6 or more heirs are involved. In the case of the 158 allotments, each of which is owned by 6 or more individuals, we estimate that 53 of the allotments are owned by from 10 to 40 heirs. The annual income to each individual from the heirship tracts in this group is exceedingly low. In some cases it will range from $8 to $15 per year and in others, where the heirs are more numerous, from $2 to $3.75 per year. When the allotment consists of several separate tracts, the Bureau of Indian Affairs handling charge very often exceeds the income to an individual shareowner.

The consolidation of inherited interests in order to benefit individual heirs and to put these multiple owenrship lands into single ownership can seldom be effected because of law and regulations involved as well as failure among the heirs to come to an agreement.

It appears necessary that the Secretary's arbitrary authority, to issue fee patents covering allotted lands in heirship status or to sell the land and distribute the proceeds, must be put in effect and vigorously carried through if the present ownership of such lands are to receive any benefit therefrom during their lifetimes and Bureau of Indian Affairs personnel is to properly handle trusteeship without a tremendous increase in personnel. The heirship situation has reached a point where inheritances are valueless to a great degree insofar as income is concerned. The proper handling of the lands likewise entails a great amount of governmental time and expense which must be considered as lost or wasted inasmuch as there is scant if any return to the individual heir.

The Fort Belknap Tribes have always been permitted to buy allotted trust lands including heirship lands. The constitution and bylaws of the tribes provide for the purchase of lands in heirship status at the time of adoption and approval of the constitution December 13, 1935; they also provide for the purchase of lands of individuals over 60 years of age; for the purchase of lands in excess of 640 acres owned by an individual member and for the purchase of the lands of individual members who desire to leave the reservation permanently.

The tribe has likewise been encouraged by the Bureau to buy heirship land as one means pointed toward the solution of the heirship problem.

PART II-FORT BELKNAP

1. Twenty-one tracts, comprising 15,625 acres of trust lands, have been purchased by the Fort Belknap Tribes since July 1, 1953, which have been alleged to be key tracts by individual Indian owners, the tribes, or the Bureau of Indian Affairs.

2. All of the 21 tracts comprising 15,625 acres, sold and listed as key tracts, were so considered by the tribes, individual Indian owners, and Indian Bureau personnel.

3. Twenty-one tracts, comprising 15,625 acres considered as key tracts by the tribes, were sold to the tribes or to individual Indian owners since July 1, 1953.

4. No tracts considered by the tribes to be key tracts have been sold to non-Indians since July 1, 1953.

5. No key tracts have been sold to non-Indians. Therefore no discussion as to effect on the Indian trust land can be furnished.

6. No so-called key tracts which were in fee simple status have been acquired in trust or restricted status by individual Indians or by the tribes since July 1, 1953. No discussion as to effect of such purchases can be made.

Comment on key tract purchases by individual Indian owners and by the tribes on the Fort Belknap Reservation is to the effect that an exceeding few of the people of Indian blood living on the reservation are in a financial position to make any purchases at all. Tribal moneys are limited to such an extent that very few purchases can be made. Any action on the part of the Bureau of Indian Affairs toward giving arbitrary preferences in purchase rights to individual Indians. or to the tribes can only result in loss of interest by prospective purchases on the open market and definite monetary loss to individual Indian owners because of the lack of interest development.

The Fort Belknap Tribes are notified as to all individual requests for sales or for fee patents in order that they may endeavor to enter into negotiated purchases ahead of the general public if the tribes desire the land.

PART III-FORT BELKNAP

1. The Fort Belknap Indian Community of the Fort Belknap Reservation, Mont., is an Indian corporation organized under the Indian Reorganization Act.

It has a standing committee composed of 4 members chosen from among the duly elected membership of the governing body which consists of 12 members.

This committee reviews all proposed leasing of tribal land and offers to sell land to the tribe and make its recommendation to the council as a whole. The committee acts only in an advisory capacity to the council.

Under the constitution and bylaws, the members of this committee do not receive salaries. They receive $3 per day while in session as council and committeemen and $0.05 per mile from their homes to the place of meeting and return therefrom to their homes.

2. The Fort Belknap Tribal Council furnishes one clerk-typist to the Realty Branch whose salary is paid from tribal enterprise funds. This person does the tribal land enterprise bookkeeping, types leases on standard governmental forms covering both tribal and allotted lands, does general Realty Branch typing and such other standard. governmental Realty Branch work as may be assigned by the Realty Branch head at this Agency. This employee is paid from local funds and is not a civil-service employee but is under the direction of the

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