PROPOSED GENERAL LAND POLICY OF THE ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK INDIAN RESERVATION, MONT. Purpose LAND PURCHASE, 1956 The liquidation of individual Indian allotments has increased so rapidly within the last few years that thousands of acres of trust allotments have been alienated leaving a great number of Indians landless. Approximately 1,500 children, descendants of the Assiniboine and Sioux Tribes are landless because they have never been issued a trust allotment. The Indian Reorganization Act of 1934, of which the Fort Peck tribes are excluded, restricts the issuance of any further allotments. Present land holdings of the Fort Peck tribes are insufficient to allot at a fair and equal basis to the original allotments granted since 1908. Based on this premise, it is the plan and scope that all purchases be made in the name of the Assiniboine and Sioux Tribes to be held collectively in trust by the United States Government in perpetuity. No tribal land exchanges will be permitted within range units in use by Indian operators. Purchases will primarily be made for the purpose of consolidating Indian land holdings, with a future outlook of reserving a homesite for the landless Indians. Purchases Purchases will be based on preferential need in the following categories: 1. Legislation will be proposed to purchase submarginal land, approximately 85,337.77 acres, at the original appraised price paid by the Resettlement Administration. 2. Purchases will not be made north of township valuable farmlands are located on the reservation. except in cases where 3. Preference in land purchases should be given to allottees owning land within range units that are being operated by Indian operators. 4. Complicated inherited interests will be purchased at the recent appraised value. Interests of Canadian born and nonmembers of the tribes will be given priority to stop fractionated interests from being alienated. 5. Individual allotments will be purchased upon application at the recent appraised value, provided it is classed as an emergency and will consolidate present Indian land holdings. 6. Present alienated land (deeded or fee patented) will be purchased upon application at the recent appraised value, provided the land is so situated as to consolidate present Indian land holdings and provided the title can be restored in trust. 7. All land purchases are to be appraised by a committee of 3 members1 member selected from the land committee, 1 qualified person from the land leasing department or soil and moisture division, and 1 member selected by the landowner. 8. Land purchases shall be final after recommendations made by the land committee are approved by the executive board. RESOLUTION No. 47-57-6 Whereas the Fort Peck Tribal Executive Board is the duly elected body representing the Assiniboine and Sioux Tribes of the Fort Peck Reservation and is empowered to act in behalf of the tribes except to select delegates and to adopt members into the tribes; and Whereas the Assiniboine and Sioux Tribes of the Fort Peck Reservation, Mont., wish to recover ownership of the submarginal lands from the Federal Government, and wish to recompensate the Federal Government for what they have invested in said submarginal land: Now, therefore, be it Resolved, That the Tribal Executive Board of the Fort Peck Reservation, Mont., adopt and approve this resolution requesting the Federal Government to consider the request of the Assiniboine and Sioux Tribes to recover ownership of the submarginal lands; and be it further Resolved, That the Federal Government present to the Fort Peck Assiniboine and Sioux Tribes a reasonable price they will accept to convey ownership of said submarginal lands to said Assiniboine and Sioux Tribes. RESOLUTION No. 293-58-6 Whereas the Fort Peck Tribal Executive Board is the duly elected body representing the Assiniboine and Sioux Tribes of the Fort Peck Reservation and is empowered to act in behalf of the tribes except to select delegates and to adopt members into the tribes; and Whereas there is a need for a land-use policy for the operation and use of tribal townsite lots and tribal lands: Now, therefore, be it Resolved, That the following tribal land-use policy be adopted and approved by the tribal executive board; to become effective retroactive to January 1, 1958, from the date of approval. I. Tribal townsite lots TRIBAL LAND-USE POLICY (a) Complete resurvey of all townsite lots of the tribes. (b) Any family head will be eligible to lease a tribal townsite lot. 1. Written justification must be provided when more than one lot is applied for. (c) Rental rates will be $12 per year per lot for tribal members, and $24 per year per lot for nontribal members. (d) Lot applications for business purposes will be considered. (e) Lots not occupied within 6 months will be cause for cancellation. (f) No lots will be subleased or assigned without consent of the tribal executive board. II. Tribal lands (a) All lease or permit applications, contracts, or renewals must be routed through the land and lots committee. 1. Leases, permits, or contracts will be granted for a 5-year term on tribal 1. Tribal members will be limited to the acreage they are equipped to farm. (c) All lessees and permittees must operate the land they lease. (Assignment or transfer, without prior written approval of the tribal executive board, will be cause for cancellation of leases, and seizure of crops.) (d) A cash or surety bond is required on all leases, permits, or contracts on tribal lands; with the exception of item 3 under preferences. (e) All leases, permits, and contracts to have land-use stipulations attached. (f) All operators must seed allotted crops under price-support programs for tribal lands on tribal lands. (g) All operators must crop half and summer fallow half of the cropland of each lease on tribal lands. III. Farming and grazing rental rates (a) Rental on dryland farm acreage to be not less than one-fourth crop share. (b) All applicants to pay not less than 25 cents per acre for grazing and not less than $1 additional per acre on acreage cut for dryland hay. (c) A minimum rate of $5 per acre for irrigable farmland and lessees to pay the water charges. (d) A minimum rate of $2.50 per acre for irrigable native hay land and lessees to pay the water charges. IV. Preferences (a) Tribal members to be given preference over nontribal members. 1. Tribal member must make application for leases on or before April 15 of the year the lease expires on farming lands. Preference shall be given to the tribal member who has had the prior lease, and has lived up to all the requirements of his lease, permit, or contract. Said lessees shall be notified of this regulation prior to the expiration date of their leases, permits, or contracts. 2. Where more than one tribal member is interested in the same tract of land, preference shall be given to the applicant whose operations are nearest to the land applied for. 3. The bond shall be waived for a tribal member who still retains his allotment or other lands in trust status, as determined by the Superintendent, or his authorized representative. 1 1 V. Penalties (a) Trespass on tribal farmland without an approved lease will be considered as follows: 1. If seeded, the crop is to go to the party acquiring the approved lease. 2. The trespasser will have no claim for reimbursement of seed or any other work done in preparing the seedbed. (b) Overseeding on leased tribal lands will not be allowed. Any operator who overseeds his allotted acreage on tribal lands shall pay all penalties involved, plus the crop-share rental, and shall have his lease, permit, or contract canceled by the Superintendent of the Fort Peck Agency. 6. NORTHERN CHEYENNE AGENCY Hon. JAMES E. MURRAY, DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS, Chairman, Committee on Interior and Insular Affairs, United States Senate, Washington, D. C. MY DEAR SENATOR MURRAY: In response to your letter of April 17, 1958, enclosing questionnaire relative to land transactions on the Northern Cheyenne Reservation during the past 10 years, we offer the following information and enclose tabulations which have been compiled from our records as they exist at this time. PART I 1. At present approximately 209,543 acres of land were in tribal ownership on July 1, 1947, and is all in trust status. Fifty-seven acres were acquired in fee. 2. At present 234,065 acres of trust or restricted lands were in individual ownership as of July 1, 1947. 3. There are 26 transactions by which tribal or individually owned lands were disposed of and consummated during each year since July 1, 1947, through fee patents. 4. Approximately 3,623.98 acres of land were disposed of by fee patents from Bureau jurisdiction since July 1, 1947. 5. The number of transactions for each year by issuance of fee patents were as follows: 6. The acreages by years disposed of by fee patents in question No. 4 are as follows: 7. Seventy-one transactions were consummated during each year since July 1, 1947, by which tribal lands were acquired and 53 transactions were consummated by individuals either through exchange or purchased by negotiated sales. 8. Approximately 7,805.65 acres of restricted land were purchased by the tribe during each year since July 1, 1947, and approximately 3,798.34 acres acquired by individuals, either by land exchange or negotiated sale. 9. The number of transactions by years on question No. 7 are as follows: 10. Acreages acquired in each type of transaction shown under question No. 8 are as follows: 11. There were approximately 217,348.65 acres of land in tribal ownership on December 31, 1957. 12. There were approximately 222,635.37 acres of land in trust or restricted land in individual Indian ownership as of December 31, 1957. 13. Under the act of May 14, 1948 (62 Stat. 235.25 U. S. C. 483): Lands that have been alienated on the Northern Cheyenne Reservation since 1955 have been given an on-the-ground inspection and appraisal. Sale of so-called key tracts to the tribe or non-Indians has depreciated the value of surrounding allotments to some extent but has not interfered in use of lands for grazing purposes. The tribal council has objected to advertising sales and issuance of fee patents but have not justified their objections, nor given sufficient reasons for wishing to retain land in trust status. There has been little or no cooperation from the council in the planning of land disposal and acquisition. 14. The multiple-ownership problem within the Northern Cheyenne Reservation is becoming complex and complicated, although lands were allotted at late as 1926. In the future this problem will become acute because of the multiple-heirship problem. There is a definite need for suitable legislation to allow disposition of complicated heir |