Sunday, March 1, 2015

The Sacred Buffalo Vision by Robert J. Juneau and Robert C. Juneau pg.166

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 

No comments:

Post a Comment