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RELOCATION PLAN
GENERAL
PURPOSE:
Public Law
437 enacted October 29,1949 provides:
"Section
2. The fund of $5, 105,626 appropriated by the War Department Civil
Appropriation Act, .948 (Public Law
296, 80th Congress, shall not lapsa into the Treasury as provided
therein, but shall be available for disbursement under the d.irect50n of the
Commissioner of Indian Affairs, Bureau of Indian. Affairs, United States
Department of the Interior (Hereinafter called the "Commissioner ")
,for the following purposes:
(a)
Payment for tribal and allotted lands and improvements, including heirship
interests, and values above and below the surface, within the Taking Area:
(b)
Costs of relocating and reestablishing the members of the tribes who reside
within the Taking Area: and
"Section
8. The tribes and the members thereof may salvage, remove, reuse, sell or
otherwise dispose of all or any part of their improvements within the Taking
Area, without any deduction therefor in the appraisal schedule to be prepared by
the Commissioner, subject to the condition that the district Engineer, Garrison
District, may not enter for the purpose of clearing the said improvements until
at least October 1, 1952, and subject further to the condition that the district
engineer shall serve notice of such purpose at least three months prior
thereto."
In
contemplation of the conditions and requirements of Public Law 437 as quoted
above the Tribal Council of the Three Affiliated Tribes and, the Fort Berthold
Agency have made investigations of the problems
attendant
to the relocation of the members of the tribes resident with- in the taking area
and we felt that a general plan for carrying out these activities would provide
a common practic3 for ail and serve to carry out the terms of the law in an
equitable and just manner.
THE
GENERAL PROBLEM:
(1)
There are approximately 300 families residing within the Taking Area who must be
physically relocated before closure. These families own approximately 146 Frame
Houses, 171 Log Houses, 20 Stucco Houses, 118 barns, 27 Granaries, 21 garages,
40 poultry house, 87 pole corrals, 108 miscellaneous buildings, 365 miles of
wire fences, 94 wells, 29 springs, and 24 cases where streams run through their
property providing water year around, not including the many who continue to use
the Missouri River. Aside from these improvements these families are possessed
of the usual household furniture and fixtures, clothing and other personal
effect, farm machinery, hay, grain and other feeds for livestock and poultry,
and other miscellaneous chattel.
(2)
Not all plans for the relocation of individual families have been completed and
we therefore face the problem of the moving of families over a period of many
months depending on the rapidity with which families are able to complete final
plans of relocation. The Fort Bert- hold Agency has a staff to assist these
families in making agricultural plans, purchase of land and improvements,
development of water supply, actually physically moving improvements, and
chattel, and in many other ways lend support to this problem in almost any
manner needed or desired by the residents, including an off the reservation
placement program.
(3)
In view of the variety of problems and the number of people effected by the
necessity to relocate and reestablish themselves it has been decided that a
uniform plan of working policies should be developed and they will form the
basis upon which most of the decisions can be made 50 that we can insure an
equitable and just service pursuant to the intention and spirit of Public Law
437
WORKING
POLICIES
1.
FENCES
(a)
Fences erected after formal acceptance of Act cannot be relocated.
(b)
Fences that are in usable condition shall be replaced. Those not in usable
condition shall or may be salvaged by owner.
(c) Fences located in Taking
Area that are owned by individuals who are presently off the reservation and
have no other interests on reservation, shall be salvaged for interested parties
to be disposed of as they see fit.
(d)
Fences shall be replaced in all instances only on the actual length of present
fence lines. Additional fences will
be the responsibility of the owner at his new location.
2.
CORRALS
(a) Corral
poles shall be moved to new location, but will not be replaced with new poles,
except to reestablish the corrals to the state of repair' existing before
relocation.
3.
WATER
(a)
Water supply shall be replaced where possible in like manner, where physically
impossible to replace spring and streams a wall shall be substituted.
(b)
Where spring is individuals source of water supply and spring cannot be
developed on new location a wall shall be substituted.
(c)
Where there is a creek or stream running through land that is individuals
present supply of water, they shall be entitled to one well as a substitute
located as near as possible where it will do most good.
(d)
Where individual or family presently live near a river and river is their
present supply of water, they shall be entitled to a well.
(e)
There can be only one well to replace stream or spring that supplies water for
anyone area or allotment that is in heir- ship status. It will be the duty of
heirs to negotiate and decide who shall have well.
(f)
Where party owns well in Taking Area and is moving to area where well is not
needed they cannot be compensated other than by another well. Persons moving
where city water lines are available can be connected at Government expense if
they presently own a well. Where a well exists on the new location the family
will not be entitled to a well simply because they now have a well.
(g)
Individual must prove ownership of spring or dam constructed by Government on
their lands before they are entitled to have same replaced.
(h)
The water supply shall be replaced for those, who use the Government water
source
4.
LAND IMPROVEMENTS
(a)
Land improvements such as breaking, etc. have been considered in original
appraisals and no additional compensation, will be forthcoming, oven though
those improvements have been made after appraisa1s have been made and before act
was accepted.
(b)
Individuals may sell their interests in allotted 1ands located within the Fort
Berthold Reservation to another member of the Tribe only or to the Tribes.
(c)
Individuals may trade or exchange land under Land exchange program.
(d)
The ownership of coal, and other mineral rights are subject to allotment act
provisions.
(e)
Buildings and improvements do not nocessari1y become a part of 1and Ownership,
and indivdua1 ownership of improvements located on land not belonging to the
owner of the improvements will be recognized.
5.
BUILDINGS
(a)
All buildings and other movable structures shall be moved if desired by the
owner and relocated on the same type of foundation as now exists. All such
structures shall be moved entirely upon government expense as provided in
Section 2 (b) of Public Law No. 437. Such buildings shall be moved by bonded
contractors equipped and licensed to do such moving in the state of North
Dakota. Individuals can use their own judgment about repairing and/or remodeling
buildings before they are moved to their new location. It would Seem to be
much
to the individuals advantage to wait until buildings are relocated before
repairs are made.
(b)
Section 8, Public Law 437 states in part,
"The
Tribes and the members thereof may sa1vage, remove, reuse, sell, or otherwise
dispose of all or any part of their improvements within the Taking area without
any deduction therefor in the appraisal schedule."
(c)
Section 2 (b) Public Law 437 provides money for the relocation and
reestablishing members of the Tribes who reside within the Taking area.
(d)
People who do not presently own any improvements or buildings in the Taking area
are not entitled to any consideration under terms of Act.
(e)
Improvements that were made after the acceptance of the act on March 5., 1950,
shall not be relocated under the terms of Act unless it is proven that they were
under construction at time of the acceptance of the Act.
6.
MOVING
(a)
Distance of moving people will be determined by the distance from present
location to fartherest point of reservation. This does not necessarily confine
them to the boundaries of reservation, but to be used as a means of determining
the miles that one can be moved under terms of Act. Any additional mi1eage
involved in relocating improvements shall be at the expense of the owner.
(b)
Where buildings are deemed unfit to be moved individual shall be allowed to
salvage them as they see fit, and shall be compensated for the removal of
salvage to new location at a rate equal to a contractor's rata.
(c)
Where individual have a house presently on cement foundation and intend to
construct a full basement at the new location, they shall be allowed only the
cubic feet of concrete of the present foundation. This may be calculated on the
basis of current costs of construction.'
(d)
Where people made settlement directly with Army Engineers for buildings within
the Taking Area they are not entit1ed to free relocation under terms of Act.
(e)
Where buildings are owned by clans or societies and are on fee patented lands
they arc not entitled to be moved under terms of Act.
(f)
The construction department is not responsible for supervision of construction
or remodeling of buildings outside of Taking area, other than giving individual
technical advice and if the work is done by contract see that the contract is
fully complied with. This is purely a voluntary service.
(g}
Where an individuals buildings and improvements are located outside of the
Taking Area on land extending into the Taking Area forming a single connected
economic unit. Such buildings and
improvements shall be relocated. It shall be the duty of the relocation
committee to pass on each individual case of this type and report their findings
and recommendations to the Superintendent. The principal to be followed shall
be:
(1)
Does such an economic unit actually exist?
(2)
To what extent is such unit disrupted?
(3)
Can we in all equity determine that such economic unit should be replaced and
the owner relocated e1sewhere? .
7.
TIMBER AND LUMBER
(a)
The Army Engineers will not take over timber before October 1951, or such later
date as may be determined.
(b) Individuals may purchase lumber from Sawmill
Enterprise. All purchase must be for cash. Individuals may cut and salvage any
and all timber products on their own land and may cut on tribal land with the
consent of the Tribal Council.
8. R. E. A.
R.
E.A. will be available to members of the Tribes where cooperatives have bean
established and people join the cooperative.
9.
HEALTH
Contracts
will be negotiated with existing hospital surrounding reservations for the
convenience of members of the Tribes.
10.
ROADS
(a) The Tribal Council has approved an Overall road
program. This system when approved
segments.
(b)
Approach roads will b taken care off in the overall program.
11.
SHRUBBERY
Only domestic fruit trees and shrubs planted by
individuals can be relocated under the terms of the act.
12.
SCHOOLS
It
has been requested that adequate educational facilities will be provided for all
segments.
13.
PLACE OF RELOCATION
Individuals can locate any place that they wish, but
lands or lots in cities that are not presently in tax exempt status cannot be
put in tax exempt status under present statutes. The taking of trust title to
land now in fee status will be determined in each case by the Secretary
of the Interior:) Interior or to the official
to whom this authority is designated.
14.
IMPROVEMENTS ON TRIBAL LOTS
As far as present arrangements, are concerned the
Tribes cannot offer any assurance to persons who wish to make permanent
improvements on tribal. lots as to how long they will be able to hold lots;
however so long as the Tribal
Council shall have control of the use of such lots it shall be our policy to
protect members of the Tribes who occupy such lots under Tribal permit.
15.
MOVING PERSONAL PROPERTY
(a) All personal property shall be move if desired and
agreed to by the relocation committee, and the Superintendent.
(b)
All furniture and house equipment shall be moved by the government as provided
in Section 2(b) of Public Law 437.
(c)
All farm equipment and machinery shall likewise be moved.
(d)
All livestock shall be moved either by truck or by driving the livestock on
horseback. Rounding up livestock shall be the duty of the owner.
(e)
All feed, grain or other produce shall likewise be moved.
(f)
All other personal property shall be moved..
16.
RECOMMENDATIONS PERTAINING TO PHYSICAL RELOCATION
(a)
All negotiations shall be with the individual owner involved.
T agreement reached as to what is permissible under the law shall be set
out in a written plan of operation. Such
agreement shall be presented to the Relocation Committee and Superintendent for
their approval with each family to be relocated are attached hereto.
When the Plan of Removal is fully approved contracts for the moving of
buildings shall be executed and every effort shall
be
made to complete the Plan of Removal as efficiently and as quickly as possible.
(b)
All constructions basements and foundations shall be by force account if
possible, but where it is deemed to be necessary local contracts may be used.
17.
EMPLOYMENT
(a)
Employ a full time competent carpenter foreman and such other labor as needed.
(b)
Employ any additional clerical help needed to maintain accounts, contracts,
correspondence and similar work connected directly with relocation as herein
defined.
18.
EQUIPMENT
(a) Purchase or lease earth moving machine for digging
basements, etc.
(b)
Purchase hand tools, such as shovels, saws, hammers, axes and any other small
tools as the need for them arises.
(c)
Purchase one dump and one stake body truck to be used for moving chattel
belonging to individuals and to haul the necessary aggregate for the
construction of basements, etc.,
(d)
Purchase 15 portable building, known as Wing Foots to be used by families being
relocated. The use of these buildings shall be governed entirely by the
relocation committee.
WHEREAS,
The Tribal
Council on April 3, 1951, did approve the appointment of Martin Cross, Sam
Meyers, Sam Matthews as relocation committee,
WHEREAS, The
committee in cooperation with George Shubert,- Superintendent of Construction
has given full consideration to the major problems involving the relocation and
reestablishment of members of the Tribe who reside within the Taking Area, as
provided in Section 2 (b) of Public Law 437,
WHEREAS, The
committee and Mr. Shubert have now agreed on a re- location plan which is hereby
presented to the Tribal Counci1 for approval with the recommendation that the
plan be approved and submitted
to
the Superintendent for his approval and than to G. Warren Spaulding, Area
Director for his approval and to the Commissioner of Indian Affairs for his
approval as provided in Section 2 (b) of Public Law 437.
NOW
THEREFORE, be it resolved that:
(1)
The relocation plan as devised and approved by the relocation committee and Mr.
Shubert is hereby approved.
(2)
The recommendations of the committee covering the purchase of equipment and the
employment of competent help should be subject to approval of the Tribal
Council.
NOW
THEREFORE, be it resolved that: con't
(3)
The form of agreement covering the plan of removal is also approved.
CERTIFICATION
I,
the undersigned, as secretary of the Tribal Business Council of the Three
Affiliated Tribes of the Fort Berthold Reservation, here-by certify that the
Tribal Business Council is composed of 10 members of whom 7 constituting a
quorum, were present at a special meeting thereof called, noticed,
convened, and held on the 4
day
of May; and that the foragoing resolution was duly adopted at such
meeting by the affirmative vote of 6 members; and that said resolution has not
been rescinded or amended in any way.
Dated
this 4th day of May 1951.
George
Gillette ,
Secretary
of the Three Affiliated Tribes of the Fort Berthold Reservation, and Indian
Chartered Corporation.
Attest
Martin
Cross, Chairman
Recommended
for approval
R. W. Quin, Superintendent
G.
,V. Spaulding, Area Director
Commissioner
of Indian Affairs
Plan
of Removal
5.
Water:
Well
Spring
Creek
Pump
Other
6.
Chattel:
Livestock
Machinery
Household
Goods
7.
Feed:
Hay
Grain
All
Others
8.
GENERAL REMARKS:
Plan of Removal
 Name
Date
 Present
Location
 Where
they plan to move to
- Buildings
to be moved:
Type
Size
Foundation
General Condition
A-
B-
C-
D-
E-
F-
G-
Remarks:
2. Buildings not to be moved:
Type
Size
Foundation
General Condition
A.
B.
C.
3.
Distance to be moved:
Miles
By Road
Without Roads
Unusual Conditions of Roads
4.
Fences:
Miles
Type
Strand
Posts
General Conditions
REMARKS:
AGREEMENT
Pursuant
to Public Law 437, the 8lst Congress provided funds for relocation and
reestablishing of those members of the Three Affiliated Tribes who reside within
the taking area of the Garrison Dam Reservoir on the Fort Berthold Reservation.
I,
___________________________________________certify that I have agreed to
conditions of the attached "Plan of Removal" which provides for the
moving and relocation of those improvements and chattel specifically identified
therein, and for the abandonment of those improvements also specifically
identified therein. All of which are located on:
___________________________________________________________________________________
I
further agree that the improvements to be moved under the iterms and provisions
of the "Plan of Removal" are to be moved to the following location
which was selected by me or us:
____________________________________________________________________________________
It
is hereby specifically agreed that upon the completion of the terms of the
"Plan of Removal" so far as the undersigned is concerned, the
provisions of Section 2 (b) and Section 8 of the Act of October 29,1949, (Public
Law 437, 8lst Congress) will have been fully complied with by the Commissioner
of Indian Affairs or his authorized representative, and that any further right
of salvage, removal or disposal of any other values such as timber, minerals,
etc., shall be left to the sole discretion or responsibility of the undersigned.
And that the Commissioner of Indian Affairs or his authorized representative
will in no way be held accountable or responsible for such removal, salvage or
disposal.
_________________________
Husband
Wife
Approved
______________________
Date
Tribal
Relocation Committee Approved
Approved_________________________
Date
________________________________
Superintendent
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