Surplus lands ceded to be disposed of for the Indians are, in fact, qualified public lands and, also, qualified Indian lands. They are public lands in that the United States has the legal title and has secured from the Indians a release of their right of occupancy and has arranged to dispose of them, but they are not public lands in the full sense of the term, as they are to be disposed of only in limited ways and upon certain conditions. ** *

Surplus lands are also properly designated as Indian lands, in view of the interest of the Indians in the proceeds of any disposal of the lands. This equitable interest is the significant condition attached to the lands which distinguishes them from the public lands, generally, as Indian lands. *** Under the regulations of the Interior Department of July 25, 1912, for governing the use of vacant ceded land (Regulations of the General Land Office, 1930, p. 669) it was contemplated that remaining surplus lands, the proceeds of the disposal of which were for the benefit of the Indians, would be cooperatively administered by the Indian Office and the General Land Office, the Indian Office retaining jurisdiction of the use of the lands before they were sold and the General Land Office administering the final disposition of the lands. * * *

From the two foregoing opinions, it would appear that, in most cases involving mining claims on the Colville Reservation established prior to the 1934 withdrawal, an administrative responsibility would evolve to a certain extent upon both the Bureau of Land Management and the Bureau of Indian Affairs.

CONCLUSIONS

1. The surplus lands of the Colville Indian Reservation were subject to mineral entry under the general mining laws after enactment of the act of July 1, 1898. Any existing valid, unpatented mining claims located subsequent to that date and prior to the enactment of the act of March 22, 1906, are completely segregated from the reservation and under the exclusive administrative jurisdiction of the Bureau of Land Management.

2. Subsequent to the enactment of the act of March 22, 1906, all the surplus lands for administrative purposes were in the category of Indian trust lands, and, in a strict sense, not public lands. Subsequent to March 22, 1906, and continuing up to the September 19, 1934, withdrawal, all the surplus lands classified as mineral lands were subject to mineral entry under the general mining laws. Any existing valid, unpatented, mining claims located subsequent to March 22, 1906, are under the dual administrative control of the Bureau of Land Management and the Bureau of Indian Affairs.

3. The Stock-Raising Homestead Act of December 29, 1916, opened to mineral entry under the general mining laws those surplus lands which were entered and settled under that Homestead Act. Any existing valid, unpatented, mining claims located on such homestead lands subsequent to that date and prior to the 1934 withdrawal are under the dual administrative control of the Bureau of Land Management and the Bureau of Indian Affairs.

4. The withdrawal order of September 19, 1934, closed the surplus lands to all forms of entry, including mineral entry. This order applied to the mineral rights which were reserved in the United States in those lands which were patented under the 1916 Stock-Raising Homestead Act.

5. The mineral rights which were reserved in the United States in those lands which were patented under the 1916 act remain a part of the surplus lands of the reservation.

6. The undisposed-of lands, which were restored to tribal ownership by the act of July 24, 1956, include the undisposed-of mineral rights in those lands which were patented under the 1916 Homestead Act. Therefore, any present inquiries regarding those mineral rights to which claims were not made prior to the 1934 withdrawal should be handled exclusively by the Bureau of Indian Affairs. Even though the land surface itself was entered and patented under the public-land laws and done so under the primary jurisdiction of the Land Department, the mineral rights were never transferred from the category of Indian trust surplus lands, so they remained as such until the 1956 act, which restored them to tribal ownership.

LAURIE K. LUCOMA, Attorney.

JUSTIFICATION NARRATIVE-COLVILLE AGENCY, FISCAL YEAR 1960 BUDGET ESTIMATE, MARCH 18, 1958

Only within the past 3 years has the realty branch of the Colville Agency begun to be staffed to the extent requisite to sound and practical property management. As a consequence, throughout the years until this point, the realty files and records have been sadly neglected and the Colville Agency is now burdened with a tremendous task in consummating a large backlog of pending realty transactions, together with segregating and consolidating land data and transactions and bringing current existing files and records; establishing supplemental and/o or new records; and maintaining such records on a current basis. Also, as brought to the fore by Public Law 772, approved July 24, 1956, undertaking an extensive tribal land consolidation program, mineral prospecting and mining development, and getting all land matters and records in proper shape and readiness for an orderly withdrawal of Federal supervision.

The lands under this jurisdiction comprise the Colville Reservation. Spokane Reservation, and public domain allotments located within six counties: Okanogan, Ferry, Stevens, Chelan, Franklin, and Whitman. Present gross acreage totals about 1,250,000 of which about 350,000 acres are allotted. There were originally about 3,900 allotments. Of the remaining allotments, totaling about 2,500, there are about 6,500 individuals involved in the ownership pattern.

There is now a backlog of some 500 pending applications for land disposals (sales, fee patents, etc.) and new applications are accruing at the approximate rate of 150 per year. In the offing is an extensive land consolidation program (purchases, sales, and exchanges) for the Colville Tribe.

Mining leases in force on the Spokane Reservation total 19 with 18 more being processed. About 47 prospecting permits on said reservation expired with the close of calendar year 1957. It is anticipated that 50 permits will result commencing this year upon initiating another prospecting program. Concurrent with adjudication of mining claims by the BLM, a mining program for the Colville Reservation is being formulated which, it is anticipated, will be intensified upon completion of the survey of mineral resources by the USGS.

Present tract caseload on applications for rights-of-way total about 175 per year. Existing files and records need be searched for approved rights-of-way and those which, although utilized, were never consummated; take necessary action on those incompleted cases; and set up proper and complete file on rights-of-way and note existence. thereof on appropriate records and in specific tract files.

Appraisals are required for the pending land disposal caseload aforementioned which will be increased by routine new cases and those resulting upon initiation of the land consolidation program for the Colville Tribe.

There are approximately 900 surface leases in force representing about 200 renewals yearly. There is a need for adequate indexing of these leases and installing and maintaining a proper followup to determine that rental payments are current.

The land records and files require improvement with particular emphasis on plat and allotment books and a consolidated listing of title data on respective tract ownerships (allotment or estate record cards).

Descriptions of tracts on which there has been a BLM resurvey need be revised, i. e., those tracts of which a portion was taken by the Bureau of Reclamation for the Grand Coulee Dam and by the Army engineers for the Chief Joseph Dam. There are numerous tracts involved in these takings.

Initiation of a systematic program is required for property utilization inspections and opening and closing inspection and inventory reports on properties under use agreement.

There are approximately 100 separate various amounts in special deposits account dating back as far as 15 years which require considerable work to liquidate.

There are numerous individuals holding interests in certain allotted lands whose interest therein is nonrestricted; these comprise Canadian Indians who were allotted and who inherited, Indians who inherited an interest already nonrestricted, and non-Indians who inherited in a nonrestricted status. Extensive work is required to identify and index all such cases to afford determination of extent of trust interest, or lack thereof, in the particular tracts so that proposed transactions (disposals, leases, etc.) may be treated accordingly. Preliminary data on about 115 Indians believed to be Canadian nationals will have to be assembled and submitted for adjudication by the examiner of inheritance and/or regional solicitor.

Also requiring considerable time will be the preparation of an inventory of Colville tribal holdings resulting from the restoration of undisposed lands by Public Law 772, approved July 24, 1956. This will entail determining and indexing tracts patented while the ceded area was open to public entry and other forms of appropriation between the years 1906 to 1934.

In addition, a review should be made of the numerous tracts reserved for administrative, school, church, etc., purposes to determine those no longer required, and action taken to restore such tracts to the tribe.

3

FEDERAL LANDS ACQUIRED FROM PRIVATE OWNERS, 1930-57, COLVILLE AND SPOKANE RESERVATIONS

PART I. COLVILLE RESERVATION

Since the inauguration of an acquisition program in 1941 which extended through 1952 the Confederated Tribes of Colville Reservation, State of Washington, have purchased an aggregate of 27,072.91 acres (120 tracts) of land within the Colville Reservation. Of this amount 18,595.67 acres (168 tracts) of alienated land were returned to trust status and the remainder 8,477.24 acres (52 tracts) were acquired while in trust status.

Authorities for acquisitions are shown in the following attachments: 1. Tribal resolution dated January 12, 1940.

2. Project plan approved January 19, 1940.

3. Letter dated July 1, 1940, from Assistant Commissioner to superintendent, Colville Agency.

The records do not reflect any tribal purchases prior to inception of this program. However, a subsequent and current "key tract" purchase program was approved December 12, 1956, under which 2 tracts (313 acres) were acquired in fiscal year 1958 and an additional 10 tracts (1,500 acres) are in process of being acquired. In formulation is a land consolidation program (purchases, sales, and exchanges) as authorized by Public Law 772, approved July 24, 1956 (70 Stat. 627). These last two matters are more fully covered in part II of "Answers to questionnaire."

The dates of acquisition according to fiscal years are as follows:

The land is being utilized in various range units or as individual tracts for farming purposes. Of the total acreage approximately 50 percent is being utilized by individual Indians and the remainder by non-Indians.

The following gives a summary by tracts and acreages:

[Attachment No. 1 (Colville)]

RESOLUTION OF THE COLVILLE BUSINESS COUNCIL

Be it resolved, That the Colville Business Council, at this, a regular meeting, acting for the Indians of the Colville Reservation, in the State of Washington, does hereby approve that certain proposed project plan of land acquisition prepared in collaboration with the representatives of the Indians of the various districts of the reservation, by the land division of the Pacific coast area, Bureau of Indian Affairs, dated January 3, 1940, under the provisions of the act of Congress entitled, "Third Deficiency Appropriation Act for the fiscal year, 1939," authorizing the expenditure of the sum of $100,000 of the tribal funds of the Colville Indians for the purchase of lands for their benefit. Dated this 12th day of January, A. D., 1940.

We, the undersigned, certify that the foregoing resolution was duly adopted by the Colville Business Council, at its regular meeting held on January 12, 1940.

Chairman.
Secretary.

FRED A. BAKER. Land Field Agent.

NOTE. On January 13, 1940, the foregoing resolution was acted upon on a motion to reconsider and was duly passed by a majority vote, a quorum being present. FRED A. BAKER.

[Attachment 2 (Colville)]

PROJECT PLAN FOR THE INDIANS OF THE COLVILLE INDIAN RESERVATION, OKANOGAN AND FERRY COUNTIES, WASH., TRIBAL FUNDS PROJECT, 1940-41

I. INTRODUCTION

The Third Deficiency Appropriation Act for the fiscal year 1939 authorizes the expenditure of $100,000 of tribal funds for the purchase of land for the Colville Indians. The act also authorizes the use of $100,000 of tribal funds as an aid in assisting the Indians of the reservation to obtain a better standard of living. The purpose of this report is the recommendation of a specific landWith purchase program to be carried on in accordance with the above act. the approval of these recommendations by the tribal council and the director of lands, options to purchase the lands will be secured as rapidly as the negotiations with the various landowners may be completed.

II. HISTORY OF RESERVATION

The Colville Reservation was established by Executive order of July 2, 1872, for the Methow, Okanogan, San Poil, Lake, Colville, Spokane, Coeur D'Alene, and such other Indians as the Department might see fit to locate thereon. The original reservation was bounded on the south and east by the Columbia River, on the west by the Okanogan River and on the north by the Canadian boundary. Its area approximated 2,885,000 acres.

By an act of July 1, 1892 (27 Stat. 62), the north half of the reservation, containing approximately 1,500,000 acres, was restored to the public domain. Each Indian residing within this area was entitled to be allotted 80 acres. The balance of the land was opened to settlement and entry under the laws applicable to the State of Washington. Each entryman was required to pay $1.50 per acre within a period of 5 years in addition to the regular fee. The act provided that the net proceeds resulting from this sale were to be set aside for the benefit of the Indians.

vation.

The act of March 22, 1906 (34 Stat. 80), provided for the allotment and for the sale of the surplus or unallotted lands of the diminished Colville ReserThe act provided that the surplus lands be sold at not less than the appraised valuation with one-fifth of the payment down and the balance within 5 years. After 5 years, the remaining lands were to be sold to the highest bidder at not less than $1 per acre. After 10 years, remaining lands could be sold to the highest bidder without regard to minimum value. The net proceeds from these sales were to be deposited to the credit of the Colville Tribes.