Trust Lands Location Acreages Tribes BIA Organization.

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Presentation on theme: "Trust Lands Location Acreages Tribes BIA Organization."— Presentation transcript:

1 Trust Lands Location Acreages Tribes BIA Organization

2 Northwest Region Bureau of Indian Affairs

3 Tribal4,287,421.41 Acres Individual 2,536,486.75 Acres Government 45,816.19 Acres Total: 6,869,724.34 Acres Total Acreages in the Northwest

4 Tribal4,287,421.41 Acres Individual 2,536,486.75 Acres Government 45,816.19 Acres Total: 6,869,724.34 Acres Total Acreages in the Northwest

5 TRIBES SERVED BY THE NORTHWEST REGIONAL OFFICE, BIA Alaska: Metlakatla Indian Community Idaho: Fort Hall, Coeur d’Alene, Nez Perce, Kootenai, Northwestern Band of Shoshone, Montana: Salish & Kootenai Oregon: Siletz, Coos, Lower Umpqua and Siuslaw, Klamath, Grand Ronde, Coquille, Cow Creek, Umatilla, Warm Springs, Burns-Paiute

6 TRIBES SERVED BY THE NORTHWEST REGIONAL OFFICE, BIA Washington: Colville, Yakama, Spokane, Lummi, Muckleshoot, Nisqually, Nooksack, Port Gamble, Puyallup, Samish, Sauk-Suiattle, Snoqualmie, Stillaguamish, Suquamish, Swinomish, Tulalip, Upper Skagit, Chehalis, Cowlitz, Hoh, Jamestown, Lower Elwha, Quileute, Makah, Shoalwater Bay

7 BIA Structure Northwest Regional Office located at 911 N.E. 11 th Ave. in Portland, Oregon Realty Branch: Realty Officer Alida Gulley, Realty Specialist Tel No.: (503) 231-2237 Gary Sloan, Realty Specialist Tel No.: (503) 231-6707

8 BIA Structure Realty Branch: Sherry Johns, Realty Specialist Tel No.: (503) 872-2879 Robin White, Realty Specialist Tel No.: (503) 736-4710 Amber Green, Realty Specialist Tel No.: (503) 736-4475

9 BIA Structure Metlakatla Agency, Metlakatla, Alaska Idaho Agencies: Plummer, Fort Hall, Lapwai Montana Agency: Pablo, Montana Washington Agencies: Everett, Aberdeen, Wellpinit, Taholah, Toppenish, Nespelem, Neah Bay

10 BIA Structure Oregon Agencies: Siletz Agency at Siletz Warm Springs Agency at Warm Springs Umatilla Agency at Pendleton

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14 Land and Interests in Land 1. Fee Simple Absolute 2. Tribal Trust Lands 3. Allotted Lands a) Individual Trust Land b) Restricted Fee

15 Tribal Trust Lands Reservations established under Treaty: by a provision of the Treaty the Tribe cedes territory to the United States; another provision reserves land for the use and benefit of the Tribe, for examples, the Coeur d’Alene Tribe and the Makah Tribe Reservations established by Executive Order: Examples: Spokane Reservation and Shoalwater Reservation

16 Definition Tribal Trust Land Tribal land is that which a tribe owns. For the purpose of this discussion, an Indian tribe is group of Indians recognized by the Federal Government as a distinct entity to which Federal Indian laws are applicable. “Ownership” for our purposes means all of the attributes of property ownership, or an equitable interest in land with the title being held by the Government as trustee. The members of a tribe do not have individual ownership interests in tribal land. Rather, their interests resemble those a stockholder has in the assets of a corporation.

17 Definition Allotted Lands Allotted lands are those which have been removed from tribal ownership (generally) and given to individual members of the tribe. The tribe loses all property interests in the land which becomes the private property of the allottee. As early as 1798, tribal lands were divided into small tracts and distributed to the tribe’s members. Until 1887 allotments were made under laws dealing with specific reservations. In that year, the General Allotment Act provided for the allotment of lands to individual Indians on Indian reservations and in some situations, from the public lands of the United States (I.e. from the public domain). Usually, the allotment process consisted of the five following elements:

18 Definition cont. 1) The allotment of the tribe’s land to its members. 2) The issuance of a patent to the allottee which provided that the land would be held in trust for him by the Government for a specified period of years (usually 25). In some cases, the allottee received a deed or patent which conveyed fee title but contained restrictions against alienation and encumbrance without the permission of the U.S. Government. 3) The land and the income from it could not be taxed by a state, sold, leased or otherwise contracted for by the allottee during the trust period, unless specifically authorized by the Congress.

19 Definition cont. 4) The issuance of the fee or absolute title to the Indian owner or his heirs at the end of the trust period, or the removal of restrictions, as was appropriate. After receiving the fee title or removal of restrictions, the owner could sell, lease, or otherwise use the lands as he saw fit. The land was also subject to state taxes after the fee title was issued. 5) The granting of U.S. citizenship to the allottee. Although many Indians were made United States citizens under the allotment acts, it was not until,1924 that a general act was passed conferring citizenship on all Indians born within the territorial limits of the Untied States. The same act specified that Indians would also be citizens of the states in which they resided.

20 Allotments continued: In 1884 the federal government established the Indian Homestead Act. The Act stated that if tribal members surrendered their tribal status and became U.S. citizens, they could receive a 160-acre homestead, provided that they settled on the homestead and improved the tract of land. Fortunately, “surrender of tribal status” as a condition was not rigorously required.

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23 Trust Patent for Allotment and Restricted Fee Patent Subject to Restrictions - Distinction Trust Patent for Allotment: “in trust for the sole use and benefit of the said Indian” Fee Patent Subject to Restrictions: “that the title hereby conveyed shall not be subject to alienation or encumbrance, either by voluntary conveyance or by judgment, decree, or order of any court, or subject to taxation of any character, but shall remain inalienable and not subject to taxation for the period of twenty years.”

24 Allotments continued For most “realty transaction”purposes, trust allotments and restricted fee allotments are treated the same. The main difference is in the method for conversion of the trust allotment to fee status and the “lifting of the restrictions” from a restricted fee allotment.

25 Trust Asset Accounting Management System (TAAMS) An element of Trust Reform (American Indian Trust Fund Management Reform Act of 1994); Replaced the Land Records Information System (LRIS) All trust lands (tribal and allotted) transactions are encoded into TAAMS Tracks payments to beneficiaries (Landowners) Includes Reporting Capability

26 TAAMS Modules Conveyance Document Legal Document Title Tract Surface Document Mineral Document Right of Way Document Range Document Forestry Document Name and Address

27 TAAMS Modules Reports Receivable Document Invoicing/Funds/Payments System Maintenance Inquiry Case Imaging/Workflow Indian Land Consolidation

28 Trust Asset Accounting Management System (TAAMS) Some TAAMS Reports: Inventory of Decedent Report Individual Tribal Interest Report Land History Report Land Index Report Tract History Report Title Status Report Owner Document Report

29 Reports Handout of Tract History Report Handout of List of Tribally Owned Tracts Report

30 Questions?


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