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members or associations formed by members. All proceeds from leasing, and other sources of revenue, are paid locally for deposit into the treasury for credit to the respective tribal groups. Assignments of land are also made to members of the tribe for their exclusive use without rental except obligated to pay the irrigation operation and maintenance assessment charges and maintain the premises.

Eighty-five employees are presently engaged by the tribe, many of whom participate in land transactions in one capacity or another, as indicated in an answer to an item of your questionnaire. Personnel are engaged in the management of the 1,200-acre enterprise. Thirtyone are employed full time on an annual basis; balance are seasonal. Sincerely yours,

DARRELL FLEMING, Superintendent.

EXHIBIT I

Land acquired by this tribe from private owners since 1930

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EXHIBIT I-Continued

Land acquired by the tribe from private owners since 1930-Continued

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[Exhibit II]

UINTAH AND OURAY

QUESTIONNAIRE ON THE DISPOSITION AND ACQUISITION OF INDIAN LANDS IN THE LAST 10 YEARS

PART I

1. (a) There were 2,209.04 acres previously allotted land. (b) A total of 983,010.81 includes land not previously allotted. Records reveal first annual report requiring total tribal acreage under jurisdiction was requested by central office in 1954 showing a total of 983,010.83 acres.

(c) None acquired in fee.

2. There were 79,055.83 acres.

3. Included in tabulation, exhibit V. 4. Included in tabulation, exhibit V. sell, except as noted in answer to item 13. only.

5. Included in tabulation, exhibit V. 6. Included in tabulation, exhibit V.

Tribe without authority to
Disposition is in exchanges

Questions 7 to 10 refer only to land not previously under Indian ownership.

7. Listed separately in reply to second paragraph of your cover letter to questionnaire as to acquisitions since 1930 from private owners. (See exhibit I.)

8. Included in answers to No. 7.

9. Included in answers to No. 7.

10. Included in answers to No. 7.

11. (a) There were 12,569.55 acres previously allotted only.

(b) Annual report June 30, 1957, shows 979,559.61 acres in trust for tribe.

(c) None acquired in fee.

12. There were 65,209.21 acres.

13. (a) Act of June 18, 1934 (48 Stat. 984), Indian Reorganization Act, authorized acquisitions in trust and is being and has been exercised since enactment. Act of May 14, 1948 (62 Stat. 236), authorizes the disposition of allotted trust land, and is the citation presently utilized. Act of March 16, 1950 (64 Stat. 19), authorized the tribe to dispose of townsites (Duchesne-Myton-Randlett). Exercised very limitedly to date. Act of August 27, 1954 (68 Stat. 868), Public Law 671, special

legislation permitting the withdrawal of Federal supervision of mixedblood members of the Ute Tribe who are capable of managing their own affairs. Will entail approximately 400,000 acres of land. Twenty-seven thousand acres of tribal land authorized for sale now in process of sale.

(b) None. Individuals only beginning to make applications past year or two.

(c) No resolutions passed by council to date; however, it did authorize attorney to object to sales by letter. Agency, in response thereto, established a review board consisting of bureau of land operations, credit, welfare, and realty divisions, with tribal representatives to consider, recommend, or object prior to approval of applications to sell trust property. No authority exists to dispose of tribal land. except as noted in 13 (a) above, except by exchange under the act of June 18, 1934 (48 Stat. 984).

14. (a) Tribe to date has limited undivided equities in allotted land. Acquires total tract, generally. If ever exercised wholesale, could stymie subsequent sale of balance of tract, as they are without authority to convey except by exchange.

(b) Have no jurisdiction in disposition of nonmembers' equity; does tend to complicate sale, since Bureau can only approve equity held in trust. Alien Indians' equity no problem, except expense and element of time involved in handling.

(c) Use "order transferring inherited interests" when sales are to members or to tribe. Procure court-appointed guardians otherwise. Problem is generally minors (multiple) not living together, so that equity could be utilized as a group, and disposition is recommended.

(d) Expensive for lessees acquiring signatures as well as time required; correspondence in case of absentees. Recommend approval be granted on consent of majority-interest holders as is permitted in rights-of-way easement applications.

(e) (1) Secretary's authority, act of 1910, to dispose of heirship trust land when owners have died intestate and left minor or incompetent heirs has never been exercised at this agency. No action generally taken until voluntary applications to sell are received by agency.

(2) The Ute Tribe does not need encouragement to acquire allotted land at this agency when applications are received authorizing disposition. They are conscious of the end result of allotted land being taken from Indian ownership, and provide funds in their annual budget to participate in the acquisition thereof. The Ute Tribe is financially able to participate on a limited scale in the acquisition of real property. The Ute Tribe has been permitted to take title of the sale of allotted restricted landholdings in instances where applicants have granted an option to the tribe to meet the highest bid when advertised, in direct sales by negotiation, and through competition when they are actually the highest bidder. They will be given an additional opportunity in the Commissioner of Indian Affairs' latest news release and policy dated May 15, 1958, wherein public auctions shall be held after land is advertised for sealed bids, using the top sealed bid as the beginning auction figure, with tribes participating.

[Exhibit III]

PART II-UINTAH AND OURAY

1. None. Assuming the definition of a key tract to mean that property controlling the source of water in a grazing unit which is depended upon by the surrounding area, or tracts with known subsurface production in relation to mineral value. On the other hand, any tract disposed of could be termed a key tract for its agricultural or livestock value and the fact that it is being opened to public sale with the possibility of title leaving Indian ownership, if the tribe or its members are not the successful bidders. Generally, a good percentage of restricted real property advertised for sale possesses an aboriginal water right without which land values in the vicinity would be nil. See tabulation (exhibit V) wherein the tribe or its members have managed to retain the bulk of the acreage or tracts that have been sold.

2. See comment to 1, above. 3. See comment to 1, above. 4. See comment to 1, above.

5. No adverse effect as to management or relationship of remaining Indian land. Tracts are operated independently, whether Indian or non-Indian owned. Does deplete base overall, probable income, and landlordship previously held prior to any sale of land, supplementing comment to No. 1 above.

6. Individual Indians not participating in acquisition of fee-status land, except infrequently for homes and lots in vicinity or away from reservation. The tribe, through existing authority, has exchanged considerable land which, generally, does not decrease their land base, and, additionally, are acquiring by purchase from the State of Utah all' lands held by the State acquired as school sections under the enabling act, estimating 38,000 acres located in the southern portion of the reservation known as the Ute extension or Uncompahgre addition restored to the tribe under the act of 1948, Public Law 440. Also, see comment to No. 1, above, and comment to No. 7 of part I.

[Exhibit IV]

PART III-UINTAH AND OURAY

1. No full-time employee dealing strictly with real estate is employed by the tribe. They have the services of a general-counsel on whom they refer to and rely upon in Mr. John A. Boyden, Salt Lake City, Utah. They employ a business executive full time whose duties partially are recommendations in connection with real estate. The business committee, who represent the tribe officially as the governing body, consisting of six members, adopt resolutions on behalf of the tribe pursuant to their constitution and bylaws and charter in connection with land matters after discussion with their attorney and business executive. The business committee has authorized the functioning of a three-man land committee who investigate realty transactions prior to adopting resolutions. The family plan has various committees that, as a part of their duties, entail realty transactions frequently in the disbursement of individual members' funds. All are

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