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HISTORY AND ISSUES
The White Earth
allotments and land claims controversy involved the individual
property rights of Indian people who had received allotments
(tracts) of land to be held “in trust” by the United States
government. The White Earth land claims involved over 1900
individual allotments and titles to over 100,000 acres of land,
which were illegally transferred during the 1900’s. The illegal
transfers were accompanied through the use of mass quantities of
liquor, falsified affidavits, mortgages on grocery bills, sales by
minor children, and illegal tax forfeitures. Many of those illegal
transfers were uncovered during a federal investigation during the
1980’s. After the extent of the land claims were discovered and
political pressure from the current landowners was applied, the
federal government chose to pursue a negotiated political settlement
to the land claims controversy.
The
White Earth Land Settlement Act (WELSA) was passed in 1986 extinguishing the
White Earth land claims by retroactively approving the illegal land
transfers. In exchange, WELSA provided that the allottees or their
heirs would be compensated financially. The monetary compensation
is to be based on the fair market value of the land at the time of
taking, minus any money received by the allottee at the time, plus
interest to date. The White Earth tribal government also received
6.6 million dollars for economic development purposes.
The WELSA office
is located in Bemidji, Minnesota. The WELSA office is required to
determine which allotments have claims, gather and submit all legal
documents pertaining to potential heirs,
how much each is entitled to receive, and to request payments from
the United States Treasury for those heirs. The following types of
claims concerning the original allotments are covered by WELSA:
sales of illegally tax forfeited lands; sales by minors without
government approval; sales by full bloods without government
approval; and sales by court appointed guardians or probate
administrators without government approval.
All claims are
probated under the 1986 Minnesota inheritance law. The probate
process begins with the Probate Clerk gathering information
concerning births, marriages, and deaths. That information is
submitted to an Administrative Judge who issues a Preliminary
Heirship Determination Order. The Preliminary Heirship
Determination can be appealed within forty (40) days. A Final Order
Determining Heirs is signed by the Judge and can be appealed within
thirty (30) days. The heirship determination process is not closed
at this point. If there is a need for further heirship
determination (for example, if a person identified as an heir died
after the original allottee) the Judge may issue an Order to
Commence subsequent probate actions.
After the
Final Order Determining Heirs, Notice of Compensation Award letters
are sent out to the heirs. The Notices are mailed out once a month
from the WELSA office. All forms should be signed and returned to
the WELSA Office. If the heir does not agree with the information
contained in the Notice, instructions are included as how to file
suit in U.S. District Court. However, if the heir does not sign and
return the Compensation Award letter, payment will not be
disbursed. The monetary compensation checks are issued from the
U.S. Treasury on the last day of each month. The WELSA Office does
not give out any money amounts under any circumstance, as they are
subject to change.
If
the WELSA Office cannot locate an heir within two years from the
date the Notice should have been sent, the payment will be made to
the White Earth Band. To date, a great majority of the heirs have
been located. To enable heirship determinations and payments, it is
important that individuals keep the WELSA office informed of their
current addresses and phone numbers. Please refer to the Diligent
Search list and contact the WELSA Office if you know the whereabouts
of any individuals listed. You can contact the WELSA Office at
218/751-6619 or our toll free number at 888/760-6222.
An important fact for individuals receiving monetary compensation is
Section 16 of the Act which states, “None of the moneys which are
distributed under this Act shall be subject to Federal or State
income taxes or be considered as income or resources in determining
eligibility for or the amount of assistance under the Social
Security Act or any other federally assisted program.”
Contact Us: 1-888-760-6222 or (218) 751-6619
WELSA accepts no
liability for the content of this website, or for the consequences
of any actions taken on the basis of the information provided.
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