[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Notices]
[Pages 43699-43701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18434]


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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 interest 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). This 
notice is required by section 7(e) of the Act, as amended.

FOR FURTHER INFORMATION CONTACT: Robert Lintelmann, Acting 
Superintendent, Minnesota Agency, Bureau of Indian Affairs, 522 
Minnesota Ave., NW., Bemidji, Minnesota 56601, Telephone (218) 751-
2011.

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 interest 
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 
by which 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

[[Page 43700]]

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, corrected the September 19, 1986, 
publication. The March 10, 1989 publication did not contain tracts or/
and interests that had been determined by the Department of the 
Interior to be outside the provisions 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 (56 FR 12818). Since that time, two more 
lists of additions have been published. Those were published on April 
11, 1994 (59 FR 17174), and on January 13, 2005 (70 FR 2423.) The list 
included herein contains more 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), or 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 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: July 15, 2011.
Paul Tsosie,
Chief of Staff, 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 Midwest Regional 
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 Regional 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 Becker (B), Clearwater (C) 
or Mahnomen (M) County.
    Legal Sub, 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 WELSA Project Office in Bemidji, 
Minnesota.
    English Name: All known English names of the allottees, 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 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.
    Three tracts listed separately were published in the January 13, 
2005, list with incorrect legal descriptions. They are now listed with 
corrected legal descriptions.
    If you wish further information about allotments or interests 
therein which are contained in this list, call or write the WELSA 
Project office in care of the Bureau of Indian Affairs. 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.

                              List of Additional Lands Affected by the White Earth Reservation Land Settlement Act of 1985
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            Issue No.               Allot. No.        CO             Legal Sub         SEC      TWP      RNG        English name         Ojibwe name
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F53-408-0003A....................       A-0640  C              E2NW................       34      144       38  Peter Parker.......  ...................
                                        0-0819
F53-408-0137C....................       0-3358  M              LOT2&SESW...........       16      143       40  ...................  Naytahwubequay.
F53-408-0860.....................       0-3835  B              LOTS 7 &8...........        4      142       40  ...................  Moonze.
F53-408-0860A....................       0-3835  B              LOTS 7 &8...........        4      142       40  ...................  Moonze.
F53-408-1103E....................       A-2040  M              NWNE................       11      146       40  Mary Hutchinson....  ...................
                                        0-3621                                                                                       ...................
F53-408-1124A....................       0-3876  B              SENW &LOT2..........       19      142       41  ...................  Pugonay.
F53-408-1229.....................       0-3988  B              NESE................       14      142       42  Eva Sloan..........  ...................
                                                               NWSW................       13      142       42                       ...................
F53-408-1286.....................       A-2325  M              LOT3................        7      145       41  James Quist........  Paymwaywaygwonabe.

[[Page 43701]]

 
                                        0-4712  .............  W2NESW..............        7      145       41                       ...................
                                                               W2E2NESW............        7      145       41                       ...................
F-53-408-1286A...................       0-4712  B              LOT 1...............        8      142       37  James Quist........  Paymwaywaygwonabe.
                                   ...........  .............  LOT2................        9      142       37  ...................  ...................
                                                               NWSW................        2      142       37
F53-408-1850.....................       0-4443  B              LOT8................       30      141       42  Charles H. Beaulieu  ...................
F53-408-1850B....................       0-3321  B              NWNW (LOT 5)........       30      141       42  Charles H. Beaulieu  ...................
F53-408-2158.....................       0-1673  M              S2SENW..............        4      145       40  Margaret Bonnin....  ...................
F53-408-2158B....................       0-1673  M              North 19.12 acres of        4      145       40  Margaret Bonnin....  ...................
                                                                Lot 3.
F53-408-2190.....................       A-3050  C              E2NW................       10      144       38  ...................  Nahwahcumigoquay.
F53-408-2190A....................       A-3050  C              E2NW................       10      144       38  ...................  Nahwahcumigoquay.
                                      (0-4002)  .............  ....................  .......  .......  .......  ...................  ...................
F53-408-2191.....................       0-3314  M              E2NE................       25      144       42  Gregory Marchand...  Mekenauk.
F53-408-2192.....................       A-1824  B              LOT3&SENW...........        1      142       37  Julia Potter.......  Pedwaywaygeshigoke.
                                      (0-2505)
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                                                      Republished with corrected legal descriptions
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F53-408-0968.....................       0-4682  M              NWSW................       13      145       40  John/Charles LaRose  Ominwaywaygeshig.
                                                               NESE................       14      145       40
F53-408-0968D....................       A-2298  M              E2SW................       12      145       40  John/Charles LaRose  Ominwaywaygeshig.
F53-408-0995.....................       0-3455  M              NESW&SENW...........       16      143       39  Viola Snider Saign.
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[FR Doc. 2011-18434 Filed 7-20-11; 8:45 am]
BILLING CODE 4310-W7-P