[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8588]
[[Page Unknown]]
[Federal Register: April 11, 1994]
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Part VI
Department of the Interior
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Bureau of Indian Affairs
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List of Additional Lands Affected by White Earth Reservation Land
Settlement Act of 1985; Notice
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
List of Additional Lands Affected by White Earth Reservation Land
Settlement Act of 1985
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice lists additional allotments or interests therein
on the White Earth Chippewa Reservation in Minnesota which have been
determined to fall within the scope of sections 4(a), 4(b), or 5(c) of
the White Earth Reservation Land Settlement Act of 1985 (the Act),
Public Law 99-264 (100 Stat. 61), as amended. This notice is required
by section 7(e), of the Act, as amended.
FOR FURTHER INFORMATION CONTACT: Project Director, Branch of WELSA,
Bureau of Indian Affairs, Route 3, Box 112, Cass Lake, Minnesota 56633,
Telephone: (218) 335-2174.
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
therein which were taken or transferred under identified circumstances,
(2) determine the individuals entitled to compensation pursuant to 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 thereto. Such notice
shall 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, pursuant to section 7(a) of the Act,
to publish a first list of allotments or interests 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. The Secretary was also
authorized, pursuant to 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, constitutes the
second list of allotments and interests therein which had been
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 March 10,
1989, list corrected the first list and did not contain tracts and
interests that had been removed from the first list because they had
been found to be outside the scope of sections 4(a), 4(b), or 5(c) of
the Act.
The Secretary is also authorized, at any time, pursuant to 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. 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 herein 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) and 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 included 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 pursuant to 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: April 4, 1994.
Ada E. Deer,
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 Minneapolis Area Office, Minnesota
Agency, and White Earth Indian Reservation. The last four, five, or 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 No.: The 10, 11, or 12 character number, explained above,
which identifies the Area 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. No.: The number assigned, at the time of the allotment
selection, 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 also granted an additional
allotment, with different numbers assigned to each. To distinguish
between the two allotments, the allotment 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 either Becker (B),
Clearwater (C), or Mahnomen (M) County.
Legal Subdiv., SEC., TWP., and RNG.: The legal description of the
tract which is involved with the taking or transfer by legal
Subdivision, and 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 Branch of
WELSA office in Cass Lake, Minnesota.
English Name: All known English names of the allottee, including
given name, middle initial, middle name, maiden name, married 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 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
therein which are contained in this list, call or write the Branch of
WELSA office. 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.
BILLING CODE 4310-02-P
TN11AP94.000
TN11AP94.001
TN11AP94.002
[FR Doc. 94-8588 Filed 4-8-94; 8:45 am]
BILLING CODE 4310-02-C
