2. How many acres of trust or restricted land were there in individual Indian ownership on July 1, 1947? Answer. There were 166,899 acres of trust or restricted land in individual Indian ownership on July 1, 1947. 3. How many transactions, by which tribal or individually owned lands were disposed of (including the placing of unrestricted fee title in the hands of the owners by issuance of patents in fee, certificates of competency, etc.), were consummated during each fiscal year since July 1, 1947? Answer. Statistics are supplied on the prepared form. 4. How many acres were so disposed of or removed from Bureau jurisdiction during each fiscal year since July 1, 1947? Answer. Statistics are supplied on the prepared form. 5. Give the numbers of transactions for each year which will be shown in answer to No. 3 above, broken down by the type of transaction. Answer. Statistics are supplied on the prepared form. 6. Give the acreages for each year which will be shown in answer to No. 4 above, broken down by the type of transaction. Answer. Statistics are supplied on the prepared form. 7. How many transactions, by which tribal or individual Indian lands were acquired, were consummated during each fiscal year since July 1, 1947? Answer. In section 2 of the prepared form there are shown figures which give the number of allotments and acreage of trust or restricted allotted lands which were purchased in the name of the United States of America in trust for the particular tribe involved. In addition to the figures shown in section 2, there were 2 purchases made of feetitle land totaling 69 acres in the name of the United States of America in trust for the Band River Band of Lake Superior Chippewa Indians in fiscal year 1953. 8. How many acres were so acquired during each calendar year since July 1, 1947? Answer. Acreage shown on the prepared form. 9. Give the numbers of transactions for each year which will be shown in answer to No. 7 above, broken down by the type of transaction. Answer. Figures supplied on the prepared form. 10. Give the acreages for each year which will be shown in answer to No. 8 above, broken down by the type of transaction. Answer. Figures supplied on the prepared form. 11. How many acres were there in tribal ownership on December 31, 1957? How many acres held by the United States in trust? How many acres which the tribe had acquired in fee? Answer. On December 31, 1957, there were 65,037 acres held in tribal ownership on the various reservations of Wisconsin and Michigan (excepting Menominee Reservation of Wisconsin), and the title to which is held by the United States in trust for the particular tribe involved. In addition, there were 3,476 acres held by the Sac and Fox Tribe in Iowa as stated in question No. 1. 12. How many acres of trust or restricted land were there in individual Indian ownership on December 31, 1957? Answer. There were 111,985 acres held in either trust or restricted status by individual Indian ownership on December 31, 1957. 13. Cite and discuss briefly any special acts of Congress which have affected the acquisition and disposal of Indian lands (termination acts, private acts directing the issuance of patents in fee, etc.). What study is being made of the cause and effect of sales? Has the tribal council passed or considered any resolutions on this subject? Please elaborate and include any resolutions approved. Answer. Except for the public domain, Wisconsin Winnebago, and Oneida Reservation allotments, the allotments of the various reservations in Wisconsin and Michigan are restricted fee-patent lands, and as such title is held by the individual with the stipulation that same cannot be alienated or encumbered without the approval of the Secretary of the Interior. With such a title to the land, those allotments which come into multiple ownership, reach the point where it is impossible to properly supervise the lands or to dispose of the lands by sale because of the inability to get deeds of conveyance signed by every heir. Most of the allotments are forest-type lands which are difficult to properly manage as 40- and 80-acre units on a sustained-yield basis. The Lac du Flambeau and Lac Courte Oreilles Tribes are the only groups in this area that have funds to purchase Indian allotments, and they have been quite concerned over their inability to purchase individual Indian allotments because of the multiple-ownership problem, and as a result have passed resolutions requesting that legislation be enacted whereby the Secretary of the Interior could convey title to the lands to either the tribe or to an individual as purchaser. This problem was presented by the tribes to their Congressman; however, no information is available to indicate that any action has been taken on their request. Resolutions as passed are attached. 14. Discuss to what extent, if any, the heirship, or multiple ownership, problem has affected the acquisition and disposal of Indian lands, with particular reference to the following facets of the problem: (a) Undivided interest owned by the tribe. Answer. This problem does not materially affect land transactions in this area. (b) Undivided interest owned by non-Indians and alien Indians. Answer. The problem of inheritance by non-Indians does cause some difficulty in the area, and particularly is troublesome to the individual inheriting such interest and to the counties involved because no instrument is issued by the Department to show that the individual has inherited these lands and that they are unrestricted and taxable. In the case of trust allotments, a fee patent is issued to such individual, whereas with restricted fee allotments no instrument is issued to show the individual owns the land or to make the county records up to date. (c) Undivided interest owned by minors on reservations which are under the Indian Reorganization Act, Answer. This problem is causing a great deal of inconvenience in the sale of Indian allotments because, as a general rule, the minors hold a small interest and in many cases the value is such that court costs for the appointment of a guardian and completion of a sale will be greater than the value of the land interest held. (d) Difficulty of reaching agreement among all heirs as to use or disposal of lands. Answer. There is frequently the difficulty of all heirs reaching an agreement as to disposition of the land; however, the problem which confronts the work in this area is the fact that a large percentage of the Indians have moved to cities to secure employment and we have great difficulty contacting them and often it is impossible to locate an individual who has evidently left the reservation with no thought of ever returning. (e) What 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? To what extent has the tribe been encouraged or permitted to buy such lands? Answer. This authority cannot be used by tribes under the Indian Reorganization Act and therefore the Secretary's authority is of no value on the reservations under this jurisdiction. PART II-GREAT LAKES 1. How much acreage and how many tracts have been sold that the tribe, individual Indian owners, or the Bureau have alleged were key tracts? Answer. None. 2. How much acreage and how many of the tracts alleged by the tribes or individual Indian owners to be key tracts were determined by Bureau officials not to be key tracts? Answer. None. 3. How much acreage and how many tracts alleged by the tribe to be key tracts were sold to the tribe or individual Indian owners? Answer. None. 4. How much acreage and how many tracts alleged by the tribe to be key tracts were sold to non-Indians? Answer. None. 5. If there were sales of key tracts to non-Indians, discuss the effect that such sales have had on the use of Indian land remaining in Indian ownership. Answer. No such sales. 6. Discuss the extent to which key tracts which were in fee status have been acquired in trust or restricted status by individual Indians, or in trust or fee status by tribes. Answer. Two tracts of fee land have been purchased in connection with the moving of homes at the village of Odanah, Wis., on the Bad River Reservation, from a location that floods frequently due to melting snows, to a location where the flooding problem would be eliminated. PART III-GREAT LAKES 1. Give the position of each tribal real-estate employee, his annual salary, and the nature of his work. Answer. There are no tribal real-estate employees. 2. Give the position of each agency real-estate employee whose salary, in part or in full, is paid by the tribe, the salary of such employee, the amount of such salary paid by the tribe, and the nature of his work. Answer. None. 3. Does the tribe have a regularly employed real-estate adviser or consultant to advise the council with regard to tribal real-estate activities? Answer. No. 4. Does the tribal organization have a real-estate committee with authority to approve tribal real-estate activities? Answer. No. 5. Does the tribal organization have a real-estate committee which advises the tribal council with regard to tribal real-estate activties? Answer. No-the councils as a whole act on real-estate matters. 6. To what extent has the tribe employed private consultants to study particular phases of its real-estate activities. Answer. None. 7. Does the tribe have, or has it had, a tribal land enterprise or similar organization? Answer. No. 8. Has the tribe or the area office been instructed to turn real-estate operations over to the Bureau? Answer. No. ADDITIONAL INFORMATION ON INDIAN LAND STATUS IN MICHIGAN AND WISCONSIN AS REQUESTED BY UNITED STATES SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS-GREAT LAKES During the period from 1930 to 1947 there was a land-purchase program carried on in this area under the Indian Reorganization Act which involved the acquisition of taxable lands as follows: Red Cliff Reservation, Wis. Purchases of taxable land for the Red Cliff Tribe totaled 5,086 acres, which is largely forest-type land that had formerly been Indian allotments which had been alienated. The land is now used for forest purposes and some income is derived from sale of pulpwood. Oneida Reservation, Wis. There were 2,209 acres of taxable land purchased for the Oneida Tribe, and a large portion of this acreage is assigned to individual Indians and used for homesites and garden purposes. Bad River Reservation, Wis. Purchases of taxable land totaled 797 acres and at present time some of the land is assigned to individual Indians for use as homesites; the remainder is forest land and only good for forest production. Stockbridge community, Wisconsin There were 2,249 acres of taxable land purchased for this group of Indians. A portion of the land is assigned to individuals for homesites and the balance is forest land. Mole Lake community, Wisconsin There were 1,680 acres of taxable land purchased for this group of Indians. Most of the land is assigned to individuals for homes and their own use. St. Croix Chippewa, Wis. There were 1,328 acres of taxable land purchased in three different locations for scattered groups in the area, and the lands are used for homesite purposes. Isabella Reservation, Mich. Purchases included 450 acres at Mount Pleasant, Mich., and all but 40 acres are assigned and used as homesites by individual Indians. Forty acres are forest type and used to secure firewood. Fifty-six acres were purchased in Arenac County and most of this is under lease for farming purposes. Bay Mills community, Michigan A total of 1,056 acres of taxable land was purchased for this group of Indians which is largely forest type and only good for forest development. Two Indian families have constructed homes on the land. L'Anse Reservation, Mich. There were 1,357 acres of taxable land purchased on L'Anse Reservation, and now used for forest purposes. It might be stated that nearly all the purchases were lands suitable only for forest reproduction except those on the Isabella Reservation in Michigan. Homes were constructed on the three locations purchased for the St. Croix groups; however, employment opportunities in these areas is limited. A RESOLUTION Whereas the Lac du Flambeau Tribal Council have a land-purchase program in operation at this time which involves the use of tribal funds; and Whereas this program is for the purpose of consolidating land in one type of ownership and at the same time eliminate the heirship problem to some extent on the reservation; and Whereas the original allottees were issued restricted-fee patents to the land. and in this type of ownersship title passed to the allottee subject to restrictions against alienation or encumbrance without the consent of the Secretary of the Interior; and Whereas in order to sell this type of allotment to a non-Indian or to the tribe, it is necessary under present law that a deed of conveyance be executed by each heir, and this is impossible in most of the allotments which are now in a multiple and complicated ownership: Now, therefore, be it Resolved by this council in regular session assembled, That in order to properly carry out the program of the tribal council and also to aid in solving the heirship problem on other allotments in the reservation, we respectfully request that legislation be enacted which will authorize the Secretary of the Interior or his authorized representative to transfer title to a tribe or purchaser of a restricted fee patented allotment in the same manner as he is now able to do with trust allotments under the act of June 25, 1910 (36 Stat. 855, 856); be it further Resolved, That a certified copy of this resolution be sent to our Congressmen Hon. Alvin E. O'Konski, Washington, D. C. |