Post by highashell on Aug 23, 2012 10:47:47 GMT -5
not sure how closely you have been following Wolfchild closely but the procedures the SOI wants to follow in order to compile a list of lineal descendents are the same procedures that were used to pay the judgment in the Mississippi Sioux Judgment
and may re-open the list for the Sisseton Wahpeton LDs under 25 CFR part 61 it was re-opened briefly when the 3 tribes claimed the interest of the Sisseton Wahpeton LDs that lead to the 1998 Distribution
the principal of that trust is still on account the three tribes only were awarded the accrued interest claiming the amount the Sisseton Wahpeton individual LDs would have gotten 15X more than all 3 of the tribes put together Devils Lake Sioux Tribe of North Dakota aka Spirit Lake Sioux Tribe, Sisseton Wahpeton Tribe of South Dakota, and the Assisiniboine and Sioux Tribe of Fort Peck Montana
the CFR recently cited this authority in part 61... 25 USC § 1300d–3(b) Roll of lineal descendants; applications Subject to the Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998 [25 U.S.C. 1300d–21 et seq.], the Secretary of the Interior shall prepare a roll of the lineal descendants of the Sisseton and Wahpeton Mississippi Sioux Tribe who were born on or prior to and are living on October 25, 1972, whose names or the name of a lineal ancestor appears on any available records and rolls acceptable to the Secretary, and who are not members of any of the organized groups listed in subsection (a) of this section. Applications for enrollment must be filed with the Area Director, Bureau of Indian Affairs, Aberdeen, South Dakota. The Secretary’s determination on all applications for enrollment shall be final.
Last Edit: Aug 23, 2012 10:50:56 GMT -5 by highashell
Post by highashell on Aug 23, 2012 13:15:20 GMT -5
yeah..i was told the same thing the '98 Distribution was only open for 2 years until 2001 then permanently closed but its closed for the 3 tribes open for those individuals not enrolled in those 3 tribes and another amendment to that judgment its open for the individual Sisseton Wahpeton LDs still and the attorney general was given the authority to settle those disputes
i'll find the Congressional legislation and show you what the 3 tribes did to claim the interest of the Sisseton Wahpeton LDs
Post by highashell on Aug 23, 2012 14:25:08 GMT -5
did she get a reply from the area director himself or a form letter form a BIA "tribal specialist" when i applied i received a form letter from a tribal specialist i only requested an application..thats all
to initiate the process you would need to request an application a copy of your request will need the OMB control number attached to this and the copy is sent back to for your records along with the application...fill it out with the OMB control number with all your documents going back to an aboriginal ancestor (in wolfchild, the court goes back to a 1851 Mdewakanton Wahpetkute treaty, and there is a similar 1851 Sisseton Wahpeton treaty) you might have to descend from a person from that treaty
a tribal specialist cant assign a OMB number a tribal specialist doesnt have the authority to assign a Office of Management and Budget control number the OMB is a dept within the Executive Branch, he sits across from the SOI
Last Edit: Aug 23, 2012 14:43:42 GMT -5 by highashell
(r) Mdewakanton and Wahpakoota Tribe of Sioux Indians. (1) All lineal descendants of the Mdewakanton and Wahpakoota Tribe of Sioux Indians who were born on or prior to and were living on October 25, 1972, whose names or the name of a lineal ancestor appears on any available records and rolls acceptable to the Secretary of the Interior and who are not members of the Flandreau Santee Sioux Tribe of South Dakota, the Santee Sioux Tribe of Nebraska, the Lower Sioux Indian Community at Morton, Minn., the Prairie Island Indian Community at Welch, Minn., or the Shakopee Mdewakanton Sioux Community of Minnesota shall be entitled to be enrolled under title I, section 101(b) of the act of October 25, 1972 (86 Stat. 1168), to share in the distribution of funds derived from a judgment awarded the Mississippi Sioux Indians.
(2) Applications for enrollment must have been filed with the Director, Aberdeen Area Office, Bureau of Indian Affairs, 820 South Main Street, Aberdeen, S. Dak. 57401, and must have been received no later than November 1, 1973. Applications received after that date will be denied for failure to file in time regardless of whether the applicant otherwise meets the requirements for enrollment.
(3) Each application for enrollment with any of the tribes named in paragraph (r)(1) of this section which may be rejected by the tribes shall be reviewed by the Director to determine whether the applicant meets the requirements for enrollment as a descendant of the Mdewakanton and Wahpakoota Tribe of Sioux Indians under paragraph (r)(1) of this section. Each rejection notice issued by the tribes shall contain a statement to the effect that the application is being given such review.
(s) Sisseton and Wahpeton Mississippi Sioux Tribe. (1) Persons meeting the criteria in this paragraph are entitled to enroll under 25 U.S.C. 1300d–3(b) to share in the distribution of certain funds derived from a judgment awarded to the Mississippi Sioux Indians. To be eligible a person must:
(i) Be a lineal descendent of the Sisseton and Wahpeton Mississippi Sioux Tribe;
(A) Those individuals who applied for enrollment before January 1, 1998, and whose applications were approved by the Aberdeen Area Director before that same date, are deemed to appear in records and rolls acceptable to the Secretary or have a lineal ancestor whose name appears in these records;
(B) Those individuals who apply for enrollment after January 1, 1998, or whose application was not approved by the Aberdeen Area Director before that same date, must be able to trace ancestry to a specific Sisseton or Wahpeton Mississippi Sioux Tribe lineal ancestor who was listed on:
( 1 ) The 1909 Sisseton and Wahpeton annuity roll;
( 2 ) The list of Sisseton and Wahpeton Sioux prisoners convicted for participating in the outbreak referred to as the “1862 Minnesota Outbreak”;
( 3 ) The list of Sioux scouts, soldiers, and heirs identified as Sisseton and Wahpeton Sioux on the roll prepared under the Act of March 3, 1891 (26 Stat. 989 et seq., Chapter 543); or
( 4 ) Any other Sisseton or Wahpeton payment or census roll that preceded a roll referred to in paragraphs (s)(1)(i)(B)( 1 ), ( 2 ), or ( 3 ) of this section.
(ii) Be living on October 25, 1972;
(iii) Be a citizen of the United States;
(iv) Not be listed on the membership rolls for the following tribes:
(A) The Flandreau Santee Sioux Tribe of South Dakota;
(B) The Santee Sioux Tribe of Nebraska;
(C) The Lower Sioux Indian Community at Morton, Minnesota;
(D) The Prairie Island Indian Community at Welch, Minnesota;
(E) The Shakopee Mdewakanton Sioux Community of Minnesota;
(F) The Spirit Lake Tribe (formerly known as the Devils Lake Sioux of North Dakota);
(G) The Sisseton-Wahpeton Sioux Tribe of South Dakota; or
(H) The Assiniboine and Sioux Tribes of the Fort Peck Reservation.
(v) Not be listed on the roll of Mdewakantan and Wahpakoota lineal descendants prepared under 25 U.S.C. 1300d–1(b).
(2) The initial enrollment application period that closed on November 1, 1973, is reopened as of May 24, 1999. The application period will remain open until further notice.
2 ) The list of Sisseton and Wahpeton Sioux prisoners convicted for participating in the outbreak referred to as the “1862 Minnesota Outbreak”;
This reminds me....I thought I went looking for this years ago, must never have come across it.
Was there an actual list of just Sisseton Wahpeton convicted prisoners? Or are they referring to the 400 Dakota men prisoners that were held at Mankato and then moved to the prison in Dav enport Iowa? Are these Sisseton Wahpeton convicted prisoners the ones that were at Ft Snellling thorugh the winter of 62/63? Did the Sisseton and Wahpeton convicted men go to Crow Creek in the Spring of 1863? I know Red Irons band was at Crow Creek and then released in 1866 and sent to Sisseton. We have those records But is there a separate list of Sisseton Wahpeton convicted prisoners like the NARA post stated? ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=2a8570c6162f67fce17cc03130f4df51&rgn=div8&view=text&node=25:184.108.40.206.220.127.116.11&idno=25
So do you think they just meant the ones that were tried and pardoned in Oct 62, which is the list of 400 that allot of us have?
Most of those pardoned men that were "Sisseton Wahpeton after 1867 became Scouts for Sibley and where under the head Scout Gabriel Renville?
So the scouts are already listed in the Mississippi claim so are they being redundant in then saying anyone whos ancestor was one of the "Sisseton Wahpeton prisoners? Unless that is to include a few that might not have been pardoned, the ones that were sent to Davenports Camp McClellan.
I do have a few of those names. Which included the Freniers. The Freniers had been around Lake Traverse since late 1700's. So I think they would definitely fall under the Sisseton Wahpeton.
ok now im just thinking out loud. lol. im a little sleep deprived this morning, lol. Thanks for the reply Highashell. Havent seen you in a minute! lol
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