The claims include
trespass, harmful use of Indian property, breach of contract and wrongful
transfer or alienation of Indian property against states, counties, local
governments and private individuals. Most of the claims have been rejected by
the Departments of Interior and Justice as inappropriate for litigation. The
Secretary of the Interior has also rejected legislative resolution of most of
these claims as well.
The majority of
claims identified by the BIA involve the wrongful alienation of individual Indian
lands held in trust or restricted status, and the wrongful alienation of other Indian
trust interests. The Indian claims also involve trespasses on Indian trust and
restricted land that will amount to substantial monetary awards to Indians.
State Welfare
Department officials told the Indians that the sale of their trust allotments
was a necessary prerequisite to qualify for state welfare assistance. In their
applications to the federal government for approval to sell their allotments,
the Indians recited that they were selling their lands to qualify for state
welfare assistance. This erroneous belief was not corrected by Bureau of Indian
Affairs officers and the allotments were sold.
BIA Area Office
officials determined that these claims did not present any basis for litigation
or resolution by legislative proposals to Congress. No attempt was made by the
Interior Department to ascertain whether similar sales occurred nationwide and
Interior Officials are still unaware of the scope of the Old Age Assistance
category of pre-1966 Indian claims.
-The Sacred Buffalo Vision by Robert J. Juneau and Robert C. Juneau
pg.166
-The Sacred Buffalo Vision by Robert J. Juneau and Robert C. Juneau
pg.166
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