Jim Valentine on Real Estate
Among the land owned by, or perceived to be owned by, the government in our region, there are what is known as Indian allotment properties.
The people of one local tribe, The Washoe Tribe of Nevada and California, own about 64,300 acres of allotment properties. Allotments are properties that were given to individual Indians in accordance with the General Allotment Act of 1887, also known as the Dawes Act.
The act served to break up reservation property by giving property to individuals. It was not well intended, and not well implemented, but it happened. Some of the problems with the way the act was implemented is that they did not grant reciprocal easements for access to the properties.
The result is that many of the parcels are landlocked, needing easements from neighbors to access their properties. There are a lot of roads throughout the Pine Nut Mountains, the location of most of the allotments, but most don’t have easements, and you can’t get a prescriptive easement over public lands.
The allotment parcels that were distributed were 160-acre parcels. That is the same size as the parcels granted to homesteaders in the 1800s. East of the Mississippi it was enough to run livestock to support a family.
West of the Mississippi, however, things are dryer, and it takes a lot more land to support the livestock for a family. Most settlers in early Nevada settled four 40-acre parcels with each of the parcels being around a spring, or other water source.
That gave them control of the surrounding acreage which the ranchers lease from the government in accordance with the Taylor Grazing Act. Those are called grazing allotments.
Indian Allotments are held in trust by the federal government, specifically the Bureau of Indian Affairs (BIA) on behalf of the Indian owner(s). They can be leased, sold, or utilized by the Indian with the supervision and approval of the BIA.
It isn’t easy to get things approved through what is a very, very bureaucratic process. The process is regulated by CFR25, Code of Federal Regulations 25, Indians. It is the part of the federal regulations that governs Indian land.
Allotment land is different than Reservation land. Reservation land belongs to the tribe as a whole and decisions are made by the Tribal Council and the BIA. There are two types of allotments, reservation and public domain.
Most allotments in the U.S. are reservation allotments, they are within the boundaries of the tribal reservation. Dealings on reservation allotments are subject to tribal approval, including the first right of refusal for the tribe to purchase such an allotment that is being sold.
Public domain allotments are rare, but that is what we have in the Washoe Tribe allotments. The tribal police patrol them to protect from trespassers and wrongdoing. The transfer of a PD allotment is subject to BIA approval, but not that of the tribe.
Some things are allowed to happen on allotment properties that wouldn’t happen on similar fee simple property. County and state ordinances and guidelines can be circumvented if it is so desired. Activities must comply with federal regulations, but they can deviate from local governance.
Allotments can be affected by title matters, fractional-interest ownership, and heavy government approval process, but for those with the temerity to engage in a business endeavor in that environment it is possible for everyone to benefit in a positive way.
What began as a negative attempt to control the Indian 137 years ago can now actually be a benefit to the Indian owner due to the unique ownership status of the land.
If you are looking to do business with allotment properties, be sure you know and understand that the laws are very different than you are used to. Do your homework and respect all parties.
When it comes to choosing professionals to assist you with your Real Estate needs… Experience is Priceless! Jim Valentine, License No. BS-03481, RE/MAX Gold Carson Valley 775-781-3704. dpwtigers@hotmail.com