OPA

The Department of the Interior announced today that Thomas H. Dodge, superintendent for the past seven years at San Carlos Indian Agency, San Carlos, Ariz., will transfer on November 26 to Pawhuska, Oklahoma, where he will serve as superintendent of the Osage Agency, replacing Russell G. Fister.

Mr. Fister has retired, effective December 31, after 32 years of service with the Bureau of Indian Affairs.

Mr. Dodge, who first joined the Indian Bureau in 1935, is a son of the famed Navajo Indian leader, the late Chee Dodge, and was himself chairman of the Navajo Tribal Council from 1933 to 1935. Before moving to San Carlos in 1951, he served for five years as superintendent of the Truxton Canyon Agency, Valentine, Ariz.

From 1941 to 1946 he was a district supervisor on the Navajo Reservation and during this same period served as secretary of the Selective Service Board of San Juan County, N. Mex. His first position with the Bureau was as legal adviser and assistant to the superintendent of the Navajo Agency from 1935 to 1939. For two years thereafter he was out of Government service engaged in reorganizing his father's extensive sheep and cattle operations.

Born on the Navajo Reservation in 1900, Mr. Dodge holds a law degree from St. Louis University, St. Louis, Mo. Before assuming the chairmanship of the Navajo Tribal Council in 1933, he spent several years in private law practice at Santa Fe, N. Mex.

The successor to Mr. Dodge as superintendent at San Carlos Agency has not yet been named.

Acting Secretary of the Interior Elmer Bennett announced today the approval of regulations governing the filing of claims by persons incurring expenses as the result of moving from lands acquired for Department projects.

The new regulations are issued pursuant to Public Law 85-433, approved May 29, 1958, which authorizes the reimbursement of owners or tenants of lands acquired for developments under the Department’s jurisdiction for moving or other losses and damages incurred as a direct result of such moving. Previously, in land acquisitions, the Department could pay only the value of the realty itself.

Under the law, payment may be made for acquisitions consummated since July 14, 1952. However, these claims must be filed within one year from the date of the Act or by May 29, 1959.

Claims for reimbursement may be filed at any office of the bureau responsible for acquisition of the lands or at the Department of the Interior, Washington, D.C.

A prescribed form of application for claim is being prepared and will be issued shortly. For the purposes of meeting the time limitation imposed by the Act, the landowner or tenant may file a statement giving his name and address, the approximate location of the land acquired, the time of acquisition, and the name of the Department bureau which acquired the land. The prescribed form will then be furnished the applicant, together with a detailed statement as to what expenses and damages may be included in his claim.

The text of the new regulations, to be published in the Federal Register this week, is attached.

UNITED STATES

PART 10-LAND ACQUISITION: PAYMENT OF MOVING EXPENSES

A new part is added to Title 43, Subtitle A, reading as follows:

AUTHORITY: Sections 10,1 to 10.5 issued pursuant to Sec. 2, 72 Stat. 152.

Sec, 10.1 Purpose. The purpose of this part is to set forth generally the places where persons eligible may file a claim or claims for certain expenses, other losses, and damages incurred by them as a direct result of moving from lands acquired by the secretary of the Interior for the construction, operation or maintenance of developments under his jurisdiction. Claims may be filed in connection with any such lands acquired since July 14, 1952, and for future acquisitions all subject to the terms and limitations of the Act of May 29, 1958, (72 Stat, 152) and the provisions of this Part.

Sec. 10.2 Who may file. Any landowner whose land has been acquired for a purpose determined by the Secretary to be for the construction, operation, or maintenance of a development under his jurisdiction, and which acquisition has been consummated since July 14, 1952, and because of such acquisition moved himself, his family or his possessions, may file a claim at one of the offices included in Sec. 10.3 hereof. Also, a tenant of any such landowner, who, under proper authority, used or occupied such lands, and because of such acquisition since July 14, 1952, moved himself, his family or his possessions, may file his claim in any of the offices in Sec. 10.3 hereof.

Sec. 10.3 Place for filing. Claims for reimbursement may be filed at any office of the bureau responsible for the acquisition of the lands, including claims after July 14, 1952, or such claims may be filed at the Department of the Interior, Washington 25, D. C.

Sec. 10.4 Form of application for claim. A prescribed form of application for claim currently is being prepared and will be issued by the Department of the Interior. For the purposes of meeting the time limitation imposed by the Act, the landowner or tenant need only file in writing a statement at the p1aoes mentioned in Sec. 10.3 hereof giving his name and address, the approximate location of the land acquired, the time of acquisition, and the name of the Interior bureau which acquired the land. Thereafter, the prescribed form will be furnished the applicant together with a detailed statement as to what expenses and damages may be included in his claim.

Sec. 10.5 Time for filing. Any person who may file a claim must apply to any of the offices in Sec. 10.3 hereof within one year from the date of the acquisition, and as to acquisitions prior to May 29, 1958, and subsequent to July 14, 1952, such application must be received by one of the offices in Sec. 10.3 hereof prior to May 29, 1959.

The Act contains a time limitation on filing application for payment. Notice and publication procedure on the regulations implementing this legislation have not been observed in order to permit additional time for the filing of claims arising from acquisitions prior to the enactment of the legislation. These regulations shall become effective upon publication in the Federal Register.

Acting Secretary of the Interior Elmer F. Bennett today announced the Code of Federal Regulations has been amended to guarantee that Indian tribes will receive adequate offers for mineral leases on their lands.

The amendment provides greater uniformity in regulating the leasing of Indian lands for the mining of minerals other than oil and gas. It also furnishes a safeguard patterned after that which applies to oil and gas leases. The latter are required by law to be advertised, not negotiated.

The amendment, to Section 171.2 of Title 25 CFR, was first published in the Federal Register on July 10, 1958. It now becomes effective upon republication.

The old regulation permitted tribes to negotiate leases of tribal lands for mining of minerals other than gas and oil, without advertising for bids. The new regulation specifies advertising must precede issuance of such a lease, except under unusual conditions which are covered by a provision authorizing the Commissioner of Indian Affairs to grant written permission to negotiate a lease.

The amendment will protect tribes from inadvertently letting their land be leased via negotiation for much less than it could bring after advertising.

The regulations permit the granting of prospecting permits with preferential right to a lease. This protects a prospective miner who otherwise} after expensive exploration of Indian tribal land, would then be forced to compete for a development lease against others who might capitalize on his exploration investment.

The change brings the regulation into conformity with another which controls mineral leases of land owned ,not by tribes, but by individual Indians under Government supervision.

Acting Secretary of the Interior Elmer F. Bennett today asked Secretary of Defense Neil F. McElroy to help speed Army payments of money to Indians for land which the Federal Government took for reservoir projects.

The money is owed to three Indian groups in North Dakota and South Dakota. It totals $7,623,888 for 73,500 acres of land taken for two different projects.

One of the tribes involved is the Standing Rock Sioux whose reservation lies partly in South Dakota, partly in North Dakota. Under a law passed last September nearly 56,000 acres of land belonging to the tribe and to individual members was taken by the Government, exclusive of mineral rights, for the Oahe Dam and Reservoir Project. By terms of the law, the tribe and the individual Indian landowners are entitled to a total of $5,251,553. This includes $1,952,040 for the appraised value of the lands actually taken and $3,299,513 in settlement of all claims, rights and demands of the tribe and individuals from the taking. Up to $726,546 of the $3,299,513 will be available to cover the costs of relocating about 175 Indian families who must be moved from the taking area

In addition, Congress has authorized the use of $6,960,000 for general social and economic improvement of the tribe and its members. This money, however, has not yet been appropriated by the Congress. When appropriated it will be provided by the Department of the Interior and is not involved in the request made of the Department of Defense.

The two other tribes concerned are the Crow Creek and Lower Brule Sioux groups of South Dakota. Their lands were taken over three years ago for the Fort Randall Dam and Reservoir Project. However, the rate of compensation was established by Congress just last September.

The Crow Creek group and its members gave up about 9,500 acres and payment was fixed at $1,395,812 in settlement of all claims. Of this amount, almost $400,000 has already been deposited to the credit of the tribe in the United States Treasury and the balance is still due.

In the case of Lower Brule, the taking involved nearly 8,000 acres and the compensation was established at $976,523. The amount still due is $705,912.

In letters to Secretary McElroy, Acting Secretary Bennett pointed out that requests for payment to all three of the tribes were sent to the Corps of Engineers in September and October.

“Since that time," he continued, "we have been informally advised by representatives of the Corps of Engineers that money is not presently available” in funds provided for the two reservoir projects to make the payments to the tribal groups and their individual members.

In order to deal properly with the tribes and the affected individual Indian landowners, Acting Secretary Bennett said, it would seem to be in the best interests of the Government to make a re-analysis of the funds for the purpose of disposing of these obligations “as promptly as possible.”

The Bureau of Indian Affairs of the Department of the Interior today confirmed its agreement with leaders of the Rosebud Sioux Tribe of South Dakota on a major program of tribal land consolidation.

The program was announced by the tribal leaders in Washington on December 5.

To help finance the operation, the Bureau will extend the tribe a loan of $500,000 from its revolving loan fund.

Commissioner Glenn L. Emmons said that an unusually large loan is being made in this case for four main reasons. One is because the program developed by the Rosebud leaders is one of the soundest of its kind presented by any tribal organization in recent years. Secondly, the tribe has shown unusual managerial ability over the past four years. Thirdly, the prospects of repayment are excellent. Finally, the consolidation program will eventually decrease the Bureau's cost of administering trust lands on the reservation.

“The action we have taken on this tribally developed program," Mr. Emmons said, "should help to disprove unfounded statements recently circulated, that the B1~eau is seeking to break up tribal groups and separate them from their land resources.

"It has been our consistent purpose right along to help the tribes in making the most constructive and beneficial use of their available resources. As trustees, however, we have a responsibility to safeguard the tribes against unwise or rash plans that have little or no prospect of success. We are delighted to cooperate fully with the Rosebud Sioux Tribe on this particular program.”

A copy of the Tribe's press release describing the new land consolidation program is attached.

PRESS RELEASE BY ROSEBUD SIOUX INDIAN TRIBE, DECEMBER 5. 1958

Leaders of the Rosebud Sioux Indian Tribe of South Dakota today announced that they have reached agreement with the Bureau of Indian Affairs on a major program of land consolidation which will more than double the possibilities for Indian families to make a living from livestock operations on the reservation.

The goal of the plan is to provide the resources so that 365 Indian families can earn a livelihood directly from the reservation lands. Only 141 are engaged in the cattle business on the reservation today.

In announcing the plan, Robert Burnette, President of the Rosebud Sioux Tribal Council, called it "the culmination of four years of "careful tribal planning and hard work. II He emphasized the cooperation the tribal group has received throughout from the Bureau of Indian Affairs.

Under the new program the tribal organization will work toward a consolidation of its lands on the reservation. Today these holdings total 337,000 acres. In many cases, however, they are separated and broken apart by other holdings in a way that severely limits their usefulness.

To correct this, the tribe will take two major steps. It will buy up about 26,500 acres owned by individual Indians. It will also acquire full tile to an additional 800 tracts totaling about 117,000 acres in which it now has merely a fractional interest. Individual Indians hold most of the ownership of these lands.

To start the program off, the tribe is receiving a $500,000 loan from the Bureau of Indian Affairs. In addition, it is hoping to realize about $800,000 by selling scattered tribal tracts, totaling about 16,000 acres, in the eastern part of the reservation Where comparatively few of the Indians live and consolidations are not feasible.

Congressional authorization is necessary before Indian tribal trust land can be sold. The tribal leaders are consulting with their members to get their views on asking next Congress for legislation authorizing sale of the 16,000 acres of tribal land in trust. Such legislation would reduce the over-all boundaries of the reservation and take it completely out of three South Dakota counties - Tripp, Gregory and Lyman. The remaining reservation lands would be in Mellette and Todd counties.

Apart from the land transactions, the tribal organization also plans to make cattle available to its individual members on a loan basis. An individual donor has agreed to supply the tribe with 200 head as a starter. Indications are that, if the program works out, additional cattle will be contributed.

"We realize,” Tribal President Burnette said, "that the lands of the Rosebud reservation cannot provide a decent living for all of the 5,500 people who now live there. However, we believe that this new program will enable us to make the fullest and most beneficial possible use of the resources that we have.

"About 50 percent of our population is under 2l years of age and another 20 percent is over 65. We are aiming primarily at the remaining 30 percent who are in the productive working age bracket.

“Our purpose is not to buy up lands so that they can be leased to non-Indians. In fact, many of the tracts we intend to buy are being leased today and are yielding only a few dollars a year of rental income for the owners. If properly consolidated and utilized the same lands can produce a decent livelihood for additional Indian families.

"For those who are not interested in actually operating the lands or not sufficiently skilled, we are hoping to provide employment in other ways. For one thing, we are planning to enlarge the irrigation projects on the reservation and this would provide wage work for many of our people. For another, we are hoping to attract, some industries into the general area.

“The long-range goal we have in mind is not only economic but educational. We expect that this new program will make it possible for many more of the Rosebud Sioux families to keep their children in school through the high-school level. Our experience has been that the young people who graduate from high school more often than not prefer to seek a living away from the reservation. So the net effect over a period of years should be to reduce the population on the reservation to a level which the lands can actually support.

"We have demonstrated over the past four years that the present tribal council can operate successfully a program of this type. During this period the income of the tribe from present resources has been steadily increased from $63,000 in 1954 to $229,000 in the most recent fiscal year. While this record would not have been possible without the substantial help we have received from the Bureau of Indian Affairs, we are deeply gratified at the confidence the Bureau has now shown in us by agreeing to cooperate on our new land consolidation program. We regard it as a major step forward for the Rosebud Sioux people.”

Indian forest land owners would for the first time have a right of appeal from Indian Bureau decisions on their timber sale contracts under a proposed revision of Federal Regulations announced today by the Department of the Interior.

The proposal include many changes. They would permit any legally interested party to appeal on sale contracts to the Secretary of the Interior. The existing regulations do not specify such an appeal procedure.

The Bureau of Indian Affairs said the revisions also include these five other major changes:

1. For the first time it would be a stated goal of Indian forest management to preserve and develop grazing, wildlife and other values to the extent it would be in the best interests of the Indian landowners.
2. A sustained yield of timber would continue to be emphasized. However, Indian lands requiring such management would be defined for the first time as lands chiefly valuable for forest crop production or on which a forest cover is needed to protect watershed or other values. Lands better suited for farming or other purposes would not be included.
3. A number of detailed changes would be made in the sales procedures to bring them into greater conformity with those of the Forest Service and the Bureau of Land Management.
4. The revised regulations would make it easier for the Indian owner of a forested tract to cut and sell timber from his own land. Under the present rules .Indian owners are allowed to cut timber for their own use but not for sale.
5. The new rules would also liberalize the cutting of small quantities of timber from Indian lands under permit rather than formal contract. The value of the timber that may be cut under permit in anyone year would be increased from $100 to $200.

About 13,500,000 acres of forested land on Indian reservations, primarily in the Pacific Coast, Rocky Mountain and Lake states, would be affected by the proposed changes. This includes nearly 6,000,000 acres of Indian forest land that is commercially important.

The proposed revision was published in the Federal Register on November 27. Interested parties have until December 27 to submit their views, data and arguments to the Commissioner of Indian Affairs, Department of the Interior, Washington 25, D. C.

The Department of the Interior announced today the appointment of Charles J. Rives as superintendent of the San Carlos Indian Agency, San Carlos, Ariz., effective December 13. He succeeds Thomas H. Dodge who transferred last November to the superintendency of the Osage Agency at Pawhuska, Okla. His appointment was recommended by the San Carlos Tribal Council.

Mr. Rives has been serving as soil conservation staff officer at the Navajo Agency, Window Rock, Ariz., Since February 1957. He received his first appointment as soil conservation engineer at the former Southern Plains Agency, Clinton, Oklahoma in July 1949, and has had more than nine years' experience in the Indian Bureau in increasingly responsible positions. In July 1950, he transferred to the Washington Office of the Bureau, as soil conservation engineer in the Branch of Land Operations. In September 1951, he transferred to the San Carlos Agency as soil conservationist. He later became Land Operations Officer at San Carlos before moving over to the Navajo Agency.

Born at Clayton, New Mexico in 1924, Mr. Rives received a degree from the New Mexico A & M College, State College, N. Mex., in agricultural engineering in 1949. He also attended Pre-Flight and Advanced Naval School at San Marcos, Texas, in 1944, and later served in the Air-Transport Command (Military).

Amendments to Federal regulations which are designed to bring the oil and gas leasing of Indian lands more into conformity with present industrial practices and still provide Indian owners with adequate protection have been approved, the Department of the Interior announced today.

The amendments, as first proposed, were published in the Federal Register May 10, 1958. As the result of comments submitted to the Department by Bureau of Indian Affairs officials, tribal attorneys, oil company representatives and other persons, the amendments were slightly revised before final approval by the Secretary for republication in the Register this week.

The purpose of the amendments is to authorize overriding royalties or payments out of production on oil and gas leases of Indian lands. Such royalties or payments are those paid to a lessee or leaseholder when a lease is assigned and are in addition to the royalties or payments paid to the lessor or landowner. While such "farming out” or releasing of Indian leased land to a third party does not increase the royalty rate received by the lessor or owner, it may promote greater production under the lease and generally tends to increase the negotiable value of such leases. The practice of paying overriding royalties has become common as a method of financing oil and gas developments.

The new amendments safeguard the interests of Indian landowners by placing all parties on notice that agreements creating overriding royalties or payments out of production shall be subject to the condition that all lease requirements must be met. "The existence of agreements creating overriding royalties or payments out of production, whether or not actually paid,“ the new language directs, “shall not be construed as justification for the approval of abandonment of any well.” This should insure diligent development and operation of wells and the plugging abandonment of wells only after possibilities for commercial production have been exhausted, which is the conservation objective desired.

The major change between the proposed amendments and those finally approved by the Secretary lies in the elimination of a proposed requirement that all agreements creating overriding royalties be subject to approval by the Secretary. Comments received on the proposed amendments recommended against this provision as burdensome and unnecessary. The Department agreed that adequate protection would be provided by requiring that "such agreements shall be subject to the condition that nothing in any such agreement shall be construed as modifying any of the obligations of the lessee, including, but not limited to, obligations for diligent development and operation, protection against drainage, compliance with gas and oil operating regulations and the requirement for departmental approval before abandonment of any well." At the same time regulations requiring the Secretary’s approval of assignment of leases have been strengthened by the new amendments.

The Department of the Interior announced today that it has taken joint action with the Department of Agriculture in designating the Klamath Indian Forest and Klamath Marsh on the Klamath Indian Reservation in Oregon.

The designations were made under a law enacted last August 23 which amended the Klamath Termination Act of 1954. Under terms of the amendatory law, 617,000 acres of the Klamath Indian Forest will be offered for sale to private purchasers in appropriately sized forest units. Purchasers will be required to manage the lands “as far as practicable according to sustained-yield principles so as to furnish a continuous supply of timber.” The Klamath Marsh consisting of 15,000 acres will be purchased by the Federal Government and used as a national wildlife refuge.

Sales of forest units and the Federal purchase of marshlands may not be at less than the realization value as determined by a group of appraisers who are now reviewing a previous appraisal which was made several months ago. No sales of forest units may be made before April 1, 1959.

If all the forest units are not sold before April 1, 1961, the United States will purchase as much of the forest land as has, together with the marshland, an appraised value of not to exceed 90 million dollars, unless a different amount is authorized by law in the meantime. Federally purchased forest land would be added to the national-forest system.

The original proposal to establish the national wildlife refuge at Klamath Marsh was approved by the Migratory Bird Conservation Commission composed of members of Congress and members of the President's Cabinet. Their approval was based on the assumption that Wocus Bay, an area of some 1,000 acres, would be included in the refuge. However, the Klamath Indians who elected to stay within the tribe did so on the basis of a plan which, among other things, provided that Wocus Bay would be retained as a part of their tribal lands. Private trustees will administer the bay along with other tribal lands. The bay's value for hunting purposes will be materially enhanced because of the adjoining refuge. It is also vital to control of the water level in the marsh.

The Department of the Interior says that if the refuge cannot be developed and managed compatibly without Wocus Bay, then the Government will be forced to acquire the bay and make it a part of the refuge.

Proceeds from the sale of tribal lands will be paid out on a proportionate basis to the 1,659 members of the Klamath Tribe who chose at a tribal election last April to withdraw and receive such payments. This represents over 77 percent of the 2,133 enrolled tribal members. A portion of the Klamath Indian Forest consisting of about 145,000 acres will be retained by the 474 members remaining in the tribal organization and will be managed as a sustained-yield unit.

About 85,000 acres of tribal lands are not included in the Klamath Indian Forest and Klamath Marsh by the designations because they consist mainly of grazing and farmlands. The grazing and farmlands contain scattered tracts of timber which can be offered for sale immediately without sustained-yield restrictions. Sales of these lands are being processed now.

The descriptions of the designated Klamath Indian Forest and Klamath Marsh areas will be published in the Federal Register in the near future.

Secretary of the Interior Fred A. Seaton today announced that the Bureau of Indian Affairs will step up its program of helping natives of Alaska modernize their fishing vessels so that they can compete more effectively by using the most efficient mechanical devices on their seine boats.

A recent development which has increased the efficiency of purse seine fishing in Alaska is the perfecting of a mechanical power block. This device takes advantage of engine power to help haul the seine and is being widely used by fishermen in purse seine operations on both the Pacific and Atlantic Coasts. While some of the native boats have installed the new power blocks during the past year, it was emphasized to Secretary Seaton on his recent trip to Alaska, that the further mechanization of the native fishing fleet would increase its efficiency.

The Indian Bureau's lending program in southeast Alaska is concentrated mainly in the villages of Angoon, Hydaburg, Kake, Klawock and Metlakatla where there are associations of the natives which own salmon canneries. Loans have been made by the Bureau to these associations and they have re-loaned money to their members for acquiring and operating fishing boats. Under the program announced today "the councils of these villages will make additional loans to members for power blocks and other modernization measures.

The associations now owe the United States $1,300,000 on loans previously made for boats and gear. In turn, they had loans outstanding to their individual members last June amounting to $1,100,000 and over $200,000 of cash available for additional loans.

Additional loans of more than $500,000 have been made by the associations this year, to help some members in modernizing their boats and to assist others in acquiring new and larger vessels capable of fishing in open waters. Prior to 1958 most of the native-owned boats were comparatively small and suitable for fishing safely only in the "inside" waters of Alaska.