4. Number of conveyance transactions and acres to fee status through advertised sales, patents-in-fee, and otherwise:

5. For number of transactions for each year, broken down by the type of transaction, see tabulated sheets attached.

6. For acreages for each year, broken down by the type of transaction, see tabulated sheets attached.

Lands not previously under Indian ownership:

7. The tabulated record information show only 3 tracts containing total of 400 acres purchased in 1949.

8. See answer to No. 7.

9. See answer to No. 7.

10. See answer to No. 7 and tabulated sheets attached.

11. There were 169,905 acres in tribal ownership on December 31, 1957. There were 944,775.43 acres held by the United States in trust. There were no acres acquired in fee by the tribes.

12. There were 774,870.43 acres of trust or restricted land in individual Indian ownership on December 31, 1957.

13. The act of June 30, 1954 (68 Stat. 358), provided restoration to individual ownership certain oil and gas rights either in a restricted or unrestricted status. This has had some effect on the disposal of oil and gas mineral interests in which in some instances were valuable. Those rights which were restored in an unrestricted status have not always been disposed of to the betterment or benefit of the owner.

There appears to be no other acts of Congress that are of particular significance in the acquisition and disposal of Indian lands on the Fort Peck Reservation. No general study has been made to determine the cause and effect of tribal-land sales on this reservation. No doubt many instances of individual cases can be cited which worked to the definite benefit of the landowner. Other instances can be cited where proceeds of such sales has been used within a very short period of time without real benefit to the owner. Individual cases of land sales are now being closely scrutinized. Much closer supervision is now being exercised over funds derived from the sale of lands under Bureau supervision in order to insure maximum benefits to individual Indians who are disposing of their land holdings. A large portion of our applications for supervised sales are for the purpose of providing better homes or improving present homes in order to raise living standards. Many of these applications are coming from individuals who have been or are expecting to participate in the old-age assistance program or other State- or Federal-aid program.

In the 6-year period from 1949 through 1954 fiscal years the Fort Peck tribes purchased 16,259 acres of allotted lands. In 1954 the land-purchase program of the Fort Peck tribes was stopped by the Bureau of Indian Affairs because no definite policy had been developed by the tribes for the purchase of additional lands. The lands being purchased, in many instances, were tracts scattered over the reservation without thought to the consolidation of tribal holdings. In some instances the lands were of rather poor quality and it would appear that the acquisition of similar lands would not be in the best interest of the Fort Peck tribes. The executive board has been periodically considering a land-purchase program, but has not yet completed any definite policy that could be considered by the Bureau and the Department. În 1956 a proposed general land policy statement was drafted for the purchase of additional lands. No final action has been taken on this proposed policy and we are currently at a standstill so far as tribal purchase of land is concerned. There appears to be a difference of opinion among the members of the tribes on this question. Certain individuals feel that the majority of tribal funds now in the general treasury should be used to purchase additional lands. Others contend that the majority of funds should be used to make a per capita payment to the members of the tribes. This office has no idea of how or when these differences may be resolved. In 1957 the tribal executive board passed Resolution No. 47-57-6, dated June 17, 1957, requesting that the tribes be allowed to purchase the 85,338 acres of Governmentowned (submarginal) lands. Copy of the resolution is included.

14. The fractionated multiple ownership of Indian allotments definitely has adversely affected the acquisition and disposal of individual Indian lands. It has also created serious problems in the leasing and permitting of lands for agricultural, grazing, and other purposes. It is estimated 60 percent of the Fort Peck Reservation Indian allotments to be in heirship status. The problems incident to sales, acquisition, leasing, and so forth, of Indian lands will continue increasing each year unless suitable and appropriate legislation is enacted with an overall plan for solution.

(a) Ownership of undivided interests in land held by the Fort Peck tribes is negligible.

(b) The records show 46 non-Indians having various undivided land interests in 66 Fort Peck allotments containing 13,906 acres. In addition our records show 48 Canadian nationals holding various fractionated land interests in 60 Fort Peck allotments containing 11,779 acres. Determination of the Canadian nationality question requires much research of the records, both, in Canada and the agency files of the States for use as evidence in modification of probate findings. (c) The tribes of the Fort Peck Reservation having tribal rights as stated elsewhere are not under the Indian Reorganization Act.

(d) Some difficulty is encountered in obtaining consents to sales of heirship lands, particularly, where the interest owned is very small. Generally, however, where the owners can be located their consents are readily given.

There is more difficulty among the heirs or owners in reaching an agreement in the consummation of negotiated leases and permits. This is due to the various interests involved, rental rate, and the personal choice of individual lessee to whom the land is to be leased or permitted.

(e) Our records do not show that any 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.

PART II-FORT PECK

The records of the Fort Peck Agency since July 1, 1953, show no question raised, either by the tribal board members, or individual Indian landowners, regarding sale and disposal of so-called key tracts of Indian lands. Consequently, the Bureau officials were not called upon to determine whether the sale of a particular tract was either a key tract or not a key tract. Nor has the tribes or individual Indians purchased any fee land regarded as key tracts converting title to trust or restricted status.

Within the past year-considered 1 of our big years for the sale of Indian lands--not more than 2 tracts of the total sales could be considered as key tracts. These tracts were located in grazing units and involved stock water. Based on this estimate and the absence of complaints, it is doubtful if very many key tracts have been sold since 1953. Since no questions were raised regarding sale of key tracts, there is no documented account in the agency files.

In view of the foregoing explanation the questions under part II may be answered as follows:

1. None.

2. None.

3. None.

4. None.

5. If there were sales of key tracts of Indian lands within established grazing units to non-Indian purchasers there would be little or no adverse effect on the use of lands remaining in Indian ownership. If any adverse effect develops it would appear when the present grazing permit expired and the Indian lands were readvertised for letting under a new permit. Even then it is doubtful if the effect would be of a serious nature for the cost of developing new stockwater reservoir and ponds is part of the agricultural stabilization and conservation program involving Federal-aid funds. Under such conditions a keener competition for range land conceivably could develop to the benefit of the Indian landowners. In this part of the State of Montana there is every indication of continued demand for Indian lands for grazing purposes and the improvement and development of the livestock industry.

6. None.

PART III-FORT PECK

This part of the questionnaire is to ascertain to what extent the Fort Peck tribes have assumed responsibility for real-estate activities.

1. There are no tribal real-estate employees at the Fort Peck Agency.

2. The Fort Peck Agency have four agency real-estate employees, whose salary is paid by the tribe. Position, salary, and nature of work shown as follows:

Clerk-stenographer, GS-3, $3,175: This position is located in the Records and Control Section, Branch of Realty, Fort Peck Agency. The duties of this position concerns principally with the preparation of land status and ownership statements, inherited interest records and maintaining and keeping current generally, land records of Indian ownership changes, maps, plats, and preparation of periodic and special realty reports.

Clerk-typist, GS-2, $2,960: This position is located in the Records and Control Section, Branch of Realty, Fort Peck Agency, and concerns principally with the preparation and maintenance of Agency land records, and assists the supervisor with any matters pertaining to probate and changing of records.

Clerk-typist, GS-3, $3,175 (temporary position to June 30, 1958): This position is located in the Tenure and Management Section, Branch of Realty, Fort Peck Agency, under the immediate supervision of the Chief of Section. This position is established primarily to perform such necessary work and assist in various duties to effect a current status of the serious backlog in general leasing matters of the Agency involving allotted, tribal, and submarginal lands, including public domain allotments located in the States of Montana and North Dakota.

Clerk-typist, GS-2, $2,960 (temporary position to June 30, 1958): This position is located in Branch of Realty, Fort Peck Agency. Fifty percent of the duties and responsibilities of the position is work related to the Records and Control Section and 50 percent devoted to the Acquisition and Disposal Section, Branch of Realty, and under supervision of realty assistant, GS-9. With respect to Records and Control Section, assists in setting up new records, files, and maintenance of landownership changes due to sales, fee patents, etc.; clearing allotment files and installing new folders; generally keeping current landownership records of the Agency. With respect to Acquisition and Disposal Section, work relates to search of Agency records and files for information in the preparation of land appraisals, sales, issuance of fee patents, and includes the preparation of deeds of conveyance, acceptances, and other related papers for consummation of realty transactions involving allotted lands of the Fort Peck Agency

and public domain allotments located in Montana and North Dakota. 3. The tribes do not have a regularly employed real estate adviser or consultant to advise the council with regard to tribal real estate activities.

4. The tribes do not have a real estate committee with authority to approve tribal real estate activities.

5. The land and lots committee and the oil and gas committee are two committees among several appointed by the tribal executive board. In order to expedite the work of the board (tribal organization), these two committees only recommend to the board as a whole what action is deemed necessary and beneficial to the tribes.

6. No real estate consultant has been employed by the tribes. Nor has the Bureau disapproved such employment.

7. On March 3, 1949, there was duly approved Tribal Land Service Enterprise of the Fort Peck Reservation. This project is presently in force.

The purpose of this enterprise is to schedule and collect certain fees to pay for necessary cost of clerical and ministerial work in processing realty transactions and incidental expenses involving individually owned restricted and tribal lands, such as leases, permits, exchanges, partitions, sales, purchases, etc. Annual fees collected average $15,000. Up until about July 1, 1956, the salaries of the Fort Peck realty staff, except three positions, were paid from tribal funds, including fees collected under the service enterprise. Later in 1956, the salaries of the entire realty personnel were authorized to be paid from gratuity or appropriated funds.

An evaluation of the success or effectiveness of such an enterprise cannot accurately be made for the reason that, while tribal funds were used, the tribal officials exercised no direct control or supervision over the work of the realty personnel. At the outset practically all realty positions at the agency were filled with qualified local Indian people. Much of the agency work is dependent on local help. Personnel turnover is tremendous. Due to the distance and isolation, lack of adequate Government housing, medical, hospital, and other facilities, it is difficult to recruit personnel beyond focal areas.

8. The real estate operations on the Fort Peck Reservation are totally under Bureau control. All personnel hired from tribal funds are hired under civil-service regulations and must meet civil-service standards for employment.

In the past 2 years, there has been a great deal of confusion in the matter of leasing of tribal and submarginal lands. All leases and permits on tribal holdings are first submitted to the land and lots committee of the executive board. This committee makes recommendations to the executive board for action to be taken on each application for use of tribal lands. There has been much controversy