Allotments
IFMAT Continues to Recommend There is a need to continue consolidation of allotment lands as the problem, noted in all past IFMATs, has worsened with the passage of every generation. Allotments complicate the management of Indian forests and involve thousands of fragmented
IFMAT has recommended through all earlier reports that allotment lands be consolidated into tribal ownership through a willing buyer and willing seller program and to identify a simpler more efficient way to deal with the increasingly fractionated ownership. Obtaining permission from a majority share of allottees is challenging and in many cases, it is difficult or impossible to locate the individual owners. The Cobell lawsuit settlement provided some funding for tribes to buy out allotment ownerships for allotees desiring to sell. While the funding helped, it was not sufficient to fully address the scope of the problem. Allotment consolidation can also be hindered in some instances because Indian owners have homes on their allotments. Individual land holdings may also have family and cultural values making the properties unavailable for sale to tribes. The allotment system, created by the Dawes act of 1887 was implemented by several reservation-specific statues and gave Indian ownership interest in specific parcels. The Secretary of the Interior through the Bureau of Indian affairs holds Indian forest land in trust for individual Indian trustees. The management responsibility for these ownerships is outlined in the 25 CFR § 163 regulations and Indian Affairs Manual. The intent of the responsibilities is to establish and maintain these Indian Forest lands in
a sustained yield condition satisfying the best interest of the beneficiary. Allotments can create conflicts within the BIA when fiduciary responsibilities benefiting individual allottees conflicts with tribal sovereign powers to regulate land uses and management practices to protect cultural, wildlife, water resources or other resources.
Quinault Allottee Association member visiting her recently harvested allotment on the Quinault Reservation in western Washington. PHOTO CREDIT: VINCENT CORRAO
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