The Glacier reporter. [volume] (Browning, Mont.) 1953-current, 1961-11-30

with hiiC oCdti VI luC oAA5
lottees, the beneficial interest In
these lands passed on to the
heirs In common, rather than
in severalty. Consequently, there
are today hundreds of small
tracts of Indian land, each OF
which is owned" by literally
dozens of persons. Getting all
these individuals to agree as
to how the land will be used, or
even finding many of them, is
extremely difficult, and, as a re-
suit, much of this land is not be-
ing put to its most beneficial
use. One tribal council chairman
from a great plains reservation
told the Task Force that there
are 100000 acres within his jur-
isdiction which are producing no
income whatsoever for their own
ers because of the complications
arising from the problem of frac-
donated ownership. Living con-
ditions on this reservation are
/. among the worst to be found in
Indian Country" and the well
! fare burden is immense.
II Legislation has been proposed
(S-1392)" which would provide
= authority for the Secretary of the
Interior to sell or partition these
} badly fractionated allotments and
! in the case of the latter, issue
, fee patents to those having a
beneficial interest. Under this
proposal, loan money would also
: be made available to Ind a n
, tribes in order to allow them to
purchase those tracts of land
which individual Indians might
wish to sell. The Task Force
fears that such legislation would
, quickly result in the alienation
: of much Indian land. Many of
{ those who would receive fee pat
: ents are in impoverished cir
: cumstances and would want to
: sell their land as soon as pos.
; sible. The tribes ability to buy
: would often depend upon the
: availability of loan money from
: the Federal Government. If this
, bill should be enacted but the
r appropriation not made, even
: though authorized, the result
, could be the passage out of In
! dian ownership of substantial
portions of the Indian estate. Gin
, addition the bill requires the
: Secretary of the Interior to ter
{ inmate the trust restriction on
: land titles by January l, 1864, ex.
, cept where he has determined
before the close of the probate
. proceedings that the Indian heir
or devisee lacks ability, knowl-
edge, experience and judgment)
The members of the Task
Force recommend that the prob
, lem of idle fractio-a.ei allot-
, ments a solution be sought
through the following devices:
, l.. The granting of authority
|, to the Secretary of the Interior
TO transfer the beneficial inter
est in highly fractionated allot-
ments from the heirs to the tribe
. ard to arrange with the tribe to
. compensate the individual own
) ers TO the extent of the fair mar
ket value of the land, making
use, where necessary, of a sys-
tenn of deferred payments. -
2. The sale of fractionated heir
ship lands by open competitive
bidding in those cases where such
5 lands do not fit into a tribal
= land consolidation program and
S are not desired by whatever tri-
: bal enterprise is set up to man.
q age heirship lands. Before COM
r mencing any such sale, approval
E should be secured from the own
ers of a majority of the benefit
! cial interests in the lands involv-
D ed.
" 1892 was opposed by the
, Occur d'Alene Tribal Council.
: 3. The application of existing
:. but unused authority for the
tribe to acquire, through defer
!, red payment where necessary,
the undivided interests in frac-
! donated tracts while the estate
D of an Indian is in probate.
a. The granting of authority
to the Secretary of the Interior
, to contract timber sales and dis
J tribute the proceeds to Indians
I who have beneficial interests in
: fractionated allotments, without
: waiting for the consent of ma
, jority of the owners. This will
prevent loss of revenue through
: the deterioration of average
timber when the owners of frac-
donated holdings cannot be
: found or will not agree on the
sale of that timber.
In all the above cases, except
item 2, the land would remain
in trust status and guarantees
against alienation be provided.
Sources Of Capital
IL resource development plans
are to be formulated and nipple
mented, source of credit must
be provided. The present revolv-
ing loan fund should be expand