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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

  1. 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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