Topic: ~ Locating and interpreting Native American Land Grants/Patents information ~
Q. ---> ". . .an ancestor of mine married an Indian tribal medicine lady. The land records and the BLM {Bureau of Land Management} say they lived on sacred lands [in North California]. My questions are:
- Is this land listed as pre-existing INDIAN LANDS, or would it be by deed ? Who makes the determination?
- How is this type of land handed down to family?
- Can it be sold off as the family line dies off/out?
PLease Note: There are two answers which have been printed as suggested responses in dealing withNative Lands. The first answer to the above was written by a gentleman and a fellow researcher from Houston Texas. He goes by the nickname of "Le Geefted One". The answer originates from a written response to a question posted on Rootsweb's GenNewbie Mailing list. Hopefully Le Geefted One's insight will be beneficial in assisting anyone researching their First Nations ancestors and Native American Land Records. The answer is being presented and reprinted with the authors' permission.
MacLizard - MacLinks' WebMaster
A. ---> I've consulted two books that have specific portions about land records and could not find any reference to "sacred lands" in the chapters on land records or on Native American Land Records. --> "Le Geefted One"
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Next; to try and answer the question, we will look at how Indian land was patented . . .
FROM: "Land and Property Research In The United States" by E. Wade Hone, Ancestry, Inc., 1997; ISBN 0-916489-68-X; Chapter 13 - Native American Land Records, page 201 . . .
"ALLOTMENT had taken hold as a practice by the 1830s. It provided individual tracts of land for Native Americans being displaced because of land cessions to the United States. It was also theorized that allotments would help them integrate more quickly into the "civilized" culture of whites by having actual ownership and the ability to perform land transactions."
This was how individual Indians acquired legal ownership of land - according to the United States Government - to begin with. Some terms you may encounter or be interested in were found on the General Land Office (GLO) glossary web page at . . .
"INDIAN ALLOTMENT NUMBER: An allocation of a parcel of public lands or
Indian Reservation lands given to an Indian for his individual use."
"TITLE TRANSFER AUTHORITY: Refers to the congressional act or treaty
that supports the transfer of land from the United States government to private owners. An example of a title transfer authority would be May
20, 1862, Homestead Entry, 12 Stat 392. Knowing the laws that created
the documents we seek are sometimes invaluable!"
Going back to Chapter 13 referenced above, it states on page 202 that . . .
"SURPLUS TRIBAL ALLOTMENTS usually existed after individual
allotments had been made. These excess lands were often sold
to non-Indian settlers or companies on behalf of the tribe.
Monies collected were used for a variety of purposes,
including the cost of administering allotments. Trust lands
were not subject to preemption, nor could bounty-land
warrants or scrip be used as payment."
I initially thought that this might be where "sacred lands" fell under, but according to that last portion, it could not have come into the hands of your ancestor. Continuing. . .
in Chapter 13 on page 209, it states . . .
"RECORDS GENERATED BY THE BUREAU OF INDIAN AFFAIRS: The Bureau of Indian Affairs was established in 1842 as a branch of the War Department. In 1849, it was transferred, along with the Bureau of Land Management, to the Department of The Interior. It was officially known as the Office of Indian Affairs until 1947. Though it was established in 1824, it was not until 1846 that a subdivision specifically dedicated to land was created.
"Numerous collections generated by the Bureau of Indian Affairs
address the issues of Native American land and property. Some
merely comprise correspondence that confirms assignments and
other miscellaneous issues..."
"...The land-related records produced by the Bureau of
Indian Affairs are too numerous for a single chapter in any
book. Other books being written by various authors will help
reveal more about the multitude of records generated by the
hundreds of Native American tribes that were within the
bounds of the present-day United States."
{Note: The records of the Bureau of Indian Affairs are in Record Group 75 of The National Archives and Records Administration.}
Again, "Allotments" are discussed in these records . . .
"The most important and largest group of land records held by
the Bureau of Indian Affairs is the allotments. They are the
most numerous land records generated by the Native American
population. Distribution of allotments officially ended in
1934 . . ."
"Records of Allotments include:
- Plots.
- Allotment Schedules.
- Tract Books."
The discussion continues on with descriptions of each of those three record types - with some Plots showing " the allotee and immediate
surrounding neighbors being of interest - and states the following for
Allotment Schedules on page 211 . . .
"Allotment schedules record individual allotments to Native
Americans. THEY ALSO RECORD Native American school lands, missions, CEMETERIES {<-- SACRED LANDS???}, and other miscellaneous land dealings. They usually include:
- Plots of the land being allotted.
- Affidavits of eligibility as a Native American that
identify the tribe.
- Testimonies of claimant or witnesses.
- Name of allottee.
- Household status.
- Description of the land.
- Assignee of the allotment.
- Information on the twenty-five year moratorium and
any releases from that moratorium."
"Eligibility as an allottee may have been derived from heirship status, in which case descendants from the original eligible claimant are listed."
While not directly answering your question as to whether the sacred lands your ancestor(s) lived on were "pre-existing Indian lands," it is highly likely that you can find the answer by researching these allotment schedules for the area they lived.
The schedules are of course available through the National Archives and Records Administration in Washington, D.C., but you MIGHT also find that they have been microfilmed by LDS and therefore available for rental through your nearest FHC; I don't know if they've been filmed or not, I've never looked. Go to the LDS web site and search their library catalog by locality. Use "United States" as the place to search for. A
caveat though . . . the microfilm holdings of the U.S. Government are by
far the largest single collection of records LDS has with over 800
separate topics . . . searching for it on their web site may prove slow
and cumbersome. You can do the same search much faster using the library
catalog on CD at a FHC. Once you get the 800+ topics on your screen,
browse until you find the Native American, Indian, or Bureau of Indian
Affairs topics and search through those for any land allotment
schedules.
Now, the answer as to who made the determination of whether it was "pre-existing Indian land" or by deed is simple . . . the U.S. Government made the determination.
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Q. 2. How is this type of land handed down to family?
Q. 3. Can it be sold off as the family line dies off?
One answer will work for both . . . again, I go back to Chapter 13 of "Land and Property Research" on page 211, "The Conclusion" . . .
"There are several sources to consider that are not
mentioned here, such as tribal agency records. Once
an allotment was assigned or patented, it was
considered private property and was handled the same
as any other individual land transaction. Research
in the county deed books can follow the chain of
title through time. These records do not usually
indicate Native American involvement, though a few
deeds have been known to state "of Indian blood," or
words of similar terminology."
At least this is easy to interpret - once the Indian land was patented, it was the same as any other land in the U.S., subject to being handed down, sold, mortgaged, or even subject to rights of dower I would imagine.
Since your ancestor's land was in California, you might want to check out the California BLM and GLO website.
California General Land Office / Bureau of Land Management Land Patent Records website can be found at:
The Bureau of Land Management (BLM), established by Congress in 1946,
inherited the functions and records of the General Land Office.
Information presented here was derived from BLM´s Status database, and
is a record of patents (deeds) issued by the United States in the State
of California between 1856 and 1991. Because these records have been
edited from the original, they are not "Official Government Records."
However, every effort has been made to ensure they accurately represent
the original.
On-line Information
Land patent information available from this site includes: Name of
Patentee, Date, Location (Meridian, Township, Range, Section), Patent
Certificate Number (or document identification number), Case File
Number, and Case Type (authority). Further detail about Patent
Certificate Number (document identification number) and Case File
Numbers and transformation of the data is available.
Searching for People
Every patentee in the State of California is listed in a name index.
The name index lists NAME, COUNTY, SERIAL NUMBER.
Start your search with the name index. Once you find the person and the
patent you are looking for, copy the serial number. The best way to copy
the serial number is by highlighting the number with your left mouse
button, then on your browser select edit and copy.
When searching for an Indian name the full and last name must be
hyphenated, i.e. Running-Bull or NAH-KAH-WA-TAU.
Hope some of this mass of rhetoric helps!
Good luck and best regards,
Le Geefted One in Houston
The second response origianlly came from a Native American Mail List. The author's eMail address has been included as Wicomicowm@aol.com [mailto:Wicomicowm@aol.com]
Re: Native American Land Grants/Patents information
In a message dated 3/28/2001 9:37:31 PM Central Standard Time,
rfhouston@mindspring.com writes:
Q. ---> If an ancestor of mine married an Indian tribal medicine lady. The land records and the BLM {Bureau of Land Management} say they lived on sacred lands [in North California]. My questions are: . . .
A. ---> I am not an expert in this area. You need to contact the legal services of a lawyer who specializes in Tribal Law. I will answer your questions to the best of my ability.
The definition of sacred does not mean tribal. Tribal lands refer to
land owned and managed by an Indian Tribe or maintained by Natives from a
tribe.
Sacred lands are lands considered holy to the tribe for tribal reasons
usually for visions or spiritual medicine purposes other times because of
burial grounds. The black hills are considered sacred to the Lakota.
Is this land listed as pre-existing INDIAN LANDS, or would it be by deed ?
Who makes the determination?
Tribal lands cannot be sold unless they are abandoned. Scared lands were
sold constantly. No deeds. Tribes made the determination what was sacred to
them.. the government never honored the Indian's religion as the thought of sacred land, was thought of as being foolish.
How is this type of land handed down to family?
If the family buys the land and owns it...no difference unless of course it is located on a designated Indian reservation or is part of a state park.
Can it be sold off as the family line dies off/out?
Yes
*** Although the original questions have been answered through references to both the literary and the living, as has been suggeted it would be wise to refer to the appropriate legal offices to validate the answers as has been submitted.
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