Oklahoma Indian Land Allotment

Alyssa Isenberg Holliday Energy Law Group PC

Holliday Energy Law Group, PC is a San Antonio-based transactional energy law firm focused on rendering title opinions and providing operational/regulatory advising to oil and gas operators active across the continental . We represent clients throughout all stages of a drilling program – from acquisition through divestiture – in Texas, , North Dakota, , and .

ENERGY IS THE CENTER OF EVERYTHING WE DO Three Categories of Native Americans

• • Nation • Muskogee (Creek) Nation • Nation • Nation • Nation • The • “Wild Tribes” • Remaining tribes in the state • E.g. , , Ponca, and Nations

ENERGY IS THE CENTER OF EVERYTHING WE DO History of the Five Civilized Tribes

• Between 1830 and 1845, each signed a treaty with U.S. government removing them from ancestral lands in southeast U.S. to designated areas in • • Patents issued from U.S. government to each tribe • Tribes held land for interest of their people • Under treaties, U.S. government made commitments • Wouldn’t create state out of tribal land without consent of tribes • Would protect Indian nations from attack by whites

ENERGY IS THE CENTER OF EVERYTHING WE DO History of Five Civilized Tribes, Continued

• During Civil War, tribes primarily sided with Confederacy • Signed a treaty with the Confederacy in 1861 • After, signed with U.S. government • Tribes forced to sell or cede to U.S. government lands owned west of 98th Meridian for settlement of western tribes • By early 1890s, much of Indian Territory population was white • White settlers moving in on Indian Territory • Intermarriage • People began questioning how Indian Territory allocated

ENERGY IS THE CENTER OF EVERYTHING WE DO Early Stages of Allotment • 1887: General Allotment Act passed • a/k/a • Provided for allotment of reservation lands • Specifically exempted Five Civilized Tribes, Osage, Miami and Peoria, and Sac and Fox in Indian Territory • 1889: Boomers lobbied for opening of Unassigned Lands in Indian Territory purchased by U.S. government by Creek and Seminole but not assigned to other tribes • of 1889 • 1890: Congress passed Organic Act creating

ENERGY IS THE CENTER OF EVERYTHING WE DO

• 1893: Dawes Commission established • Allotment negotiations with the Five Civilized Tribes • 1896: Commission to take census of membership and create rolls of tribal members eligible to receive allotments • 1897: First allotment agreement • Choctaw and Chickasaw tribes

ENERGY IS THE CENTER OF EVERYTHING WE DO Allotment Agreements

TRIBE HOMESTEAD SURPLUS TOTAL ACRES SEMINOLE 40 80 120 CREEK 40 120 160 CHEROKEE 40 70 110 CHOCTAW 160 160 320 CHICKASAW 160 160 320 OSAGE 160 480 640

ENERGY IS THE CENTER OF EVERYTHING WE DO Restrictions on Alienation

• Ex: Choctaw and Chickasaw • Homestead: 160 acres • Inalienable for 21 years • Surplus: 160 acres • Alienable • ¼ first year • ½ second year • Etc. until 5th year after allotment

ENERGY IS THE CENTER OF EVERYTHING WE DO Restrictions on Alienation

• Indian Nation • Degree of Indian Blood • Homestead or surplus • Allotted or inherited • Age of allotee • Year/treaties in place

ENERGY IS THE CENTER OF EVERYTHING WE DO Acts affecting Alienation

• 1908: Removed restrictions on alienation for non-Indian blood and <1/2 blood • 1926: Required conveyances from full-blood devisees & heirs to be approved by county court. • 1933: Established restrictions on alienation by ½ blood heirs in certain circumstances • 1947: Repealed much of 1933 Act. Removed restrictions on death of allottee, required court approval of conveyances by heirs & devisees of ½+ of Indian Blood

ENERGY IS THE CENTER OF EVERYTHING WE DO Fitzpatrick Charts

• Designed to help identify alienability of allotted lands • http://thorpe.ou.edu/treatises/fitzpatrick/fitzchart.html

ENERGY IS THE CENTER OF EVERYTHING WE DO Leasing

• Mineral Leasing Act of 1920: authorizes the Secretary of the Interior to lease lands of the United States or its Territories for development of Natural Resources. (Amended 47 times) • Indian Mineral Development Act of 1982: enacted to provide Indian tribes with flexibility in the development and sale of mineral resources. • Specifically, allowed Tribes to enter into JV agreements with mineral developers. • Because final approval of these actions is through the federal government each project is subject to CERCLA, NEPA, National Historic Preservation Act, Clean Air Act, Endangered Species Act … and will required impact statements prior to approval. • Energy Policy Act of 2005 (part of the Indian Tribal Energy Development and Self-Determination Act)

ENERGY IS THE CENTER OF EVERYTHING WE DO QUESTIONS?

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ENERGY IS THE CENTER OF EVERYTHING WE DO