Selling of private fee land was authorized
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Editor,
Both the CSKT water compact, as proposed, and the recently filed lawsuit in federal court by the CSKT assume that private fee land is still in “reservation status” and was illegally sold to non-Indians in violation of the Hellgate Treaty.
The notion that ownership and title to my private fee land is somehow “clouded” or “illegal’ in any way is disconcerting to me, so I decided to analyze the language of the Hellgate Treaty for myself
Art. VI of the Treaty (in part): “The President may … cause the whole, or said portion of such reservation, to be surveyed into lots, and assign the same as such individuals of families of the said confederated tribes as are willing to avail themselves of the privilege, and will locate on the same as a permanent home, on the same terms and subject to the same regulations as are provided in the sixth article of the treaty with the Omahas, so far as the same may be applicable.”
Pertinent language of Art VI of the Omaha Treaty: “And the residue of the land hereby reserved, ... , after all of the Indian persons or families shall have had assigned to them permanent homes, may be sold for their benefit, under such laws, rules or regulations, as may hereafter be prescribed by the Congress or President of the United States.”
This language seems clear and straightforward. The land that was removed from “reservation status” and sold to non-Indians was authorized by the treaty and not a violation of it. Am I missing something here?
Scott Kerr
Moiese
