05-748. List of Additional Lands Affected by White Earth Reservation Land Settlement Act of 1985

AGENCY:

Bureau of Indian Affairs, Interior.

ACTION:

Notice.

SUMMARY:

This notice publishes a list of additional allotments or interests on the White Earth Chippewa Reservation in Minnesota. The Department of the Interior, Bureau of Indian Affairs, have determined that certain additional allotments or interests fall within the scope of sections 4(a), 4(b), or 5(c) of the White Earth Reservation Land Settlement Act of 1985. Under section 7(e) of the Act, as amended, any determination made by the Secretary to include an allotment or interest is required to be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Gene Virden, Superintendent, Minnesota Agency, Bureau of Indian Affairs, 522 Minnesota Avenue, NW., Bemidji, Minnesota 56601, Telephone [phone].

SUPPLEMENTARY INFORMATION:

The White Earth Reservation Land Settlement Act of 1985, Public Law 99-264 (100 Stat. 61), as amended by Public Law 100-153 (101 Stat. 886), Public Law 100-212 (101 Stat. 1433), and Public Law 101-301 (104 Stat. 210), provides for alternative methods of resolving disputes relative to the title to certain allotments for which trust patents were issued to White Earth Chippewa Indians. Sections 4(a) and 4(b) of the Act define circumstances by which the title to an allotment may have been taken or transferred through a questionable means during the trust period. The Act authorizes the Secretary of the Interior to:

(1) Identify the allotments or interests which were taken or transferred under identified circumstances;

(2) Determine the individuals entitled to compensation under the Act; and

(3) Ascertain the amount of compensation to which each such individual is entitled.

In addition, section 5(c) of the Act provides that the White Earth Band of Chippewa Indians shall be compensated for allotments which were granted to individuals who had died prior to the selection dates of their respective allotments. Under section 8(a) of the Act, the compensation for the taking or transfer of an allotment or interest is to be based on the fair market value of the allotment or interest therein as of the date of such taking or transfer, less any consideration actually received at the time. The compensation to be paid under the Act shall include interest compounded annually at 5 percent from the date of the questionable taking or transfer, until March 24, 1986, and at the general rate of interest earned by Department of the Interior funds thereafter. The Secretary is authorized to issue written notices of compensation determination to the allottees or heirs entitled to it. Such notice will describe the basis for the Secretary's determination, the process whereby such compensation was determined, the method of payment, and the applicable time limits for judicial review of the determination. Any individual who has already elected to file suit in the Federal District Court for the District of Minnesota to seek the recovery of title to an allotment or interest therein, or damages, is barred under section 6(c) from receiving any compensation under the Act.

The Secretary was authorized, under section 7(a) of the Act, to publish a first list of allotments or interest that fall within the provisions of sections 4(a), 4(b), or 5(c) of the Act. The first list of allotments and interests affected by the Act was published in the Federal Register on September 19, 1986 (51 FR 33348). The Secretary was also authorized, under section 7(c) of the Act, to publish a second list of allotments and interests affected by the Act, including additions to those appearing on the first list. The amendment contained in Public Law 100-212 authorized the Secretary to include and publish, as part of the second list, corrections to the first list. The list published in the Federal Register on March 10, 1989 (54 FR 10216), constitutes the second list of allotments and interests which was determined by the Department of the Interior to fall within the provisions of sections 4(a), 4(b), or 5(c) of the Act.

The Secretary is also authorized, at any time, under section 7(e)(1) of the Act, as amended, to add allotments or interests to the second list if the Secretary determined that the additional allotments or interests fall within the provisions of sections 4(a), 4(b), or 5(c). The first list of such additions was published in the Federal Register on March 27, 1991 (56 FR 12818), and a second list of such additions was subsequently published on April 11, 1994 (59 FR 17174). The Secretary has determined that certain additional allotments or interests fall within the provisions of sections 4(a), 4(b), or 5(c). The list included in this notice contains these additions.

The list describes additional allotments and interests, whether the takings or transfers apply to the allottees or the heirs of inherited interests. The lists characterized in the September 19, 1986, and March 10, 1989, publications as those of Partial Interests are no longer being published. All allotments and interests determined by the Secretary to be affected by sections 4(a), 4(b), or 5(c) of the Act are contained in what had been characterized as the Master List in previous publications and in this addition. Some of the allotments contained on the list include herein may represent partial interests only. The failure to include a Partial Interest List does not mean that there are no partial interests.

The inclusion of an allotment or interest on this list may be judicially reviewed under the provisions of the Administrative Procedure Act, 5 U.S.C. 701, et seq. Any such action must be filed in Federal District Court for the District of Minnesota and shall be barred unless it is filed within 90 calendar days of this publication.

This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs by 209 DM 8.

Dated: December 23, 2004.

David W. Anderson,

Assistant Secretary—Indian Affairs.

Instruction Sheet

Each questionable taking or transfer has been assigned a 10, 11 or 12 character Issue Number. In every instance, the first six characters, F53408, are identical and denote the Midwest Regional Office, Minnesota Agency and White Earth Indian Reservation. The last four, five and six characters identify the specific taking or transfer. The list contains information regarding allotments and inherited interests, in addition to those listed in previous publications, affected by the Act, including the following subheadings:

Issue Number: The 10, 11 or 12 character number, explained above, which identifies the Regional Office, Agency, Reservation and specific taking or transfer affected by the Act. Where there are multiple tracts of land, there has occasionally been the need to add one or more letters to the Issue Number in order to distinguish among such tracts. Also, where a tract of land has been the subject of multiple takings or transfers by interest holders, letters have been added to the Issue Number to distinguish between such takings and transfers.

Allot #: The number assigned, at the time of the allotment section, to the allotment comprising the tract of land which was involved in the taking or transfer. Many White Earth allottees, after receiving an original allotment, were granted an additional allotment, with different numbers assigned to each. To distinguish between the two allotments, the numbers are preceded by the letter O (Original Allotment) or A (Additional Allotment).

CO: The county in which the tract involved in the taking or transfer is located. These are identified as Becker (B), Clearwater (C) or Mahnomen (M) County.

Legal Sub, SEC, TWP, and RNG: The legal description of the tract which is involved with the taking or transfer by legal Subdivision, Section (SEC), Township (TWP), and Range (RNG) numbers. Where a metes and bounds description is required for the legal subdivision, it is described as MB (Metes and Bounds). Further information concerning such tracts can be obtained from the WELSA Project office in Bemidji, Minnesota.

English Name: All known English names of the allottee, including given name, middle initial, middle name, maiden name, and other English names which have been identified for the allottee.

Ojibway Name: The name of the allottee in Ojibway, the native language of the White Earth Band of the White Earth Band of Chippewa Indians. The names are shown with phonetic spellings.

Tracts which fall within the provisions of section 5(c) of the Act, where the claimant is the White Earth Band, appear on the list with the White Earth Band listed under the sub-heading of English Name.

If you wish further information about allotments or interests which are contained in this list, call or write the WELSA Project office in care of the Bureau of Indian affairs. The address and telephone number are indicated in the FOR FURTHER INFORMATION CONTACT section of this document. Be sure to include the complete Issue Number in any correspondence with the Bureau of Indian Affairs.

List of Additional Lands Affected by the White Earth Reservation Land Settlement Act of 1985

Issue number	Allot No.	CO	Legal sub	SEC	TWP	RNG	English name	Ojibwe name
F53-408-0066B	A-2999	M	NESE	14	146	40	Nancy Pine	Ahgwahdaushee.
F53-408-0133	O-0596	B	Lot 4 & SESW	7	142	39	Dan Brown	Kah we tah waush.
F53-408-0135B	O-0613	B	LOT 1 & SENE	23	142	41		Ke way gah bow e quay.
F53-408-0492	O-0577	B	LOTS 1 & 2	7	142	40	Mrs. Joseph Charette	Ayn dus.
F53-408-0493B	A-0507	B	E2SW	16	141	39	Sophia Bellanger Benais
F53-408-0713D	A-3051	M	NENW	25	145	42		Nay tah o say quay.
			N2NWNW	25	145	42
			S2NWNW	24	145	42
F53-408-0812	O-2614	B	E2SW	21	142	37		Pugenaygeshhigoquay.
F53-408-0968	O-4682	M	NWSW	13	145	40	John/Charles LaRose	Omin way way ge shig.
			NESE	14	146	40
F53-408-0968D	A-2298	M	NWSW	13	145	40	John/Charles LaRose	Omin way way ge snig.
			NESE	14	145	40
F53-408-0995	O-3455	M	NESE & SENW	16	143	39	Viola Snider Saign
F53-408-0995A	A-1921	M	NWSE & SWNE	16	143	39	Viola Snider Saign
F53-408-1007	A-3055	M	Lots 2, 7 & 8	1	146	40	Dorothy Day Dodge	Kah gay ge shig o quay.
F53-408-1223A	O-2945	M	Lots 3 & 9	30	143	42	Jack Papio	In de baince.
F53-408-1223B	O-2945	M	Lots 3 & 9	30	143	42	Jack Papio	In de baince.
F53-408-1809A	A-1224	M	E2SW	33	145	41	Joseph Jourdain
F53-408-1823	O-1836	B	Lots 3 & 4	18	142	39		Ayenub.
F53-408-1824	O-3548	M	E2SW	27	145	40	James Staples	Nay wah je ke shig.
F53-408-1824A	O-3548	M	E2SW	27	145	40	James Staples	Nay wah je ke shig.
F53-408-1869A	O-2110	B	E2NW	25	141	37		Ahbetahwahcumigoke.
F53-408-2006H	A-1663	M	W2NW	26	146	39		Obim way way ge shig o quay.
F53-408-2176	O-4312	M	S2NE	15	146	42		Nah ah bun way.
F53-408-2178	O-3162	M	E2SE	30	144	42	Joseph M. Turpin
F53-408-2180	O-3963	M	N2SW	20	146	40	Nellie Strong	Ke che wauzh.
F53-408-2180A	O-3963	M	N2SW	20	146	40	Nellie Strong	Ke che wauzh.
F53-408-2181	O-4784	M	E2SE	35	143	40		Oge mah we gah bow.
F53-408-2182	O-0744	B	S2NW	17	141	40	Henry Mason
F53-408-2183	A-0656	B	W2NE	35	142	39	Philomene Santwire
F53-408-2184	O-3868	B	E2SE	26	142	39	Frank Badboy	Odinegon.
F53-408-2184A	O-3868	B	E2SE	26	142	39	Frank Badboy	Odinegon.
			SWSE Less 2
F53-08-2185	A-2102	C	acres	8	145	38	Scott LaPrairie	Dewayayay.
			SWNW	9	145	38
F53-408-2187	O-2688	B	NENE	15	142	38		Aydowahcumigoquay.
			Lot 4	14	142	38
F53-408-2188	O-0741	B	SWNW	16	141	40	Catherine Mason
			Lot 1	16	141	40
F53-408-2189	A-2982	M	NWNE & SENW	22	144	39		Mahgaid.
F53-408-2189A	A-2982	M	NWNE & SENW	22	144	39		Mahgaid.
F53-408-2189B	A-2982	M	NWNE & SENW	22	144	39		Mahgaid.