The Glacier reporter. [volume] (Browning, Mont.) 1953-current, 1954-12-10

are reserved to the Tribe until
Congress shall otherwise direct"
demonstrates that Congress &C.
tually has the power, If it so sees
fit, to enact new legislation or
dering the transfer of such SUBJ
surface rights from the Tribe to
Individual allottees. That autho.
rity of Congress, however, is not
necessarily unlimited. Sec. l6 of
the Indian Reorganization Act of
June 10, 1884 (48 Stat. 984), fur
Their provides that the Tribal
Council of any organized Tribe,
such as the Blackfeet. shall have
the right Ito prevent the sale,
disposition. lease. or encum.
brance of tribal lands, interests
in lands. or other tribal assets
without the consent of the tribe"
Thus. as long as the Indian Re.
organization Act and the Black.
feet Constitution are in effect.
it may be argued that Congress
cannot transfer tribal mineral
interests to individual Indians
without the consent either of the
Tribal Council, or, if it objects,
of the Blackfeet Tribe as a whole.
If this condition is met, then
there will be no legal barrier to
the transfer.
Secondly. the statutory langu.
age quoted above indicates, and
the history of the Blackfeet In.
dams c0nclusively shows, that
the Tribe now has. and always
had. a vested right to minerals
in lands allotted under the 1919
Act. 1t is. therefore, not correct
to say. as has been argued on
occasion. that the proposed legis.
lati0n would return" mineral
rights to the 1919 allottees. Since
these individuals never owned a
sub-surface interest either before
or after 1919. 1t must be said that
the proposed legislation really
would constitute an outright
gift" from the Tribe to certain
members Of the Tribe.
Thirdly, In considering the
merits of any mineral rights legi.
station. It should be recognized
that this proposal, as a practical
matter. will benefit merely a
minority of the tribal member.
ship at the expense of q vast
majority of the reservation pop
ulation. The manner In which
this result will come to pass Is
quite easily explained. Briefly
summarized. what now belongs
to the Blackfcet Tribe would.
under the suggested law. be dis.
tributed to individual allottees.
Thus It Is obvious that approval
Of the proposed legislation would
deprive all landless Indians. In.
GLIDING children. of their share
Of the proceeds Of mineral en-.
terpriscs now operated by the
Tribe on behalf of oil It's mem.
bcrs. Furthermore. the fact of
the matter Is that most of the
1919 all0ttees also would lose
their pro-rata part Of this In.
come, since those who would
gain land their uncarncd In.
come, will be large) would be
limited to the lucky few under
whose lands valuable minerals
are thought to exist. In other
words. the practical effect of
the proposed legislation would
be to give the Tribes mineral
wealth to some individuals
whose lands, Of course, were sci.
ccted without regard to mine.
raj potentiality-and to take that
property from all other members
Of the Tribe. whether they be
children. landlcss Indians. or
simply 1919 allottccs whose lands
do not contain minerals.
One further factor to be con.
sidered In this regard. incidcn.
tally, Is the problem OF Federal
and State income taxation. To