INDIAN PROBATE-Continued
WILLS-Continued
1. The Secretary is authorized to exercise his discretion in disapproving
a devise in the will of a deceased Indian where approval of such
devise would sanction a practice permitting the acquisition of
Indian lands contrary to the public policy expressed in the statu-
tory restrictions against the alienation of Indian lands held in
trust
Failure to Make Request of Witness
1. An Indian will is not rendered invalid by the failure of the testator
to specifically request the attesting witness to sign the will, since
there is no such requirement either in the statutes authorizing the
disposition by Indians of their trust or restricted property by will
or in the regulations---
1. There is no requirement in the Indian probate regulations or the
applicable statutes that the testator, at the time of the execution
of his will, "publish" the same by openly declaring it to be his
last will and testament_.
1. The burden of proof as to testamentary incapacity in Indian probate
proceedings is on those contesting the will, and an Indian is not
deemed to be incompetent to make a will by virtue of his being
unable to manage his own property or business affairs or by
appointment of a guardian for him.
1. In Indian probate proceedings, proof of undue influence in the execu-
tion of a will must be so substantial that the judges of fact, having
a proper understanding of what undue influence is, may perceive
by whom and in what manner it has been exercised, and what
effect it has upon the will__
2. To invalidate an Indian will because of undue influence, it must be
shown: (1) that the decedent was susceptible to being dominated
by another; (2) that the person allegedly influencing the decedent
in the execution of the will was capable of controlling his mind
and actions; (3) that such person, at the time of the testamentary
act, did exert influence upon the decedent of a nature calculated
to induce or coerce him to make a will contrary to his own desires;
and (4) that the will is contrary to the decedent's own desires___
YAKIMA TRIBES
1. The amendment to the Yakima Enrollment Act (84 Stat. 1874) applies
to all cases not closed at the time the amendment was enacted,
and a case on appeal to the Board of Indian Appeals is considered
to be open within the meaning of the amendment‒‒‒‒
INDIAN REORGANIZATION ACT
1. The Twenty-Sixth Amendment to the Constitution, providing, inter
alia, that "the United States" shall not deny or abridge the right
of eighteen-year-olds to vote, applies to Indian tribes' elections
called by the Secretary pursuant to the Indian Reorganization
Act or other act, but, because of the fundamental right of a tribe
to govern itself, the amendment does not apply to Indian tribes
in purely tribal elections‒‒‒‒.
1. A subordinate tribal entity or tribal member licensed by the Chippewa
Cree Tribe to operate a liquor establishment on the Rocky Boy's
Reservation does not have to obtain a state liquor license_.
2. Utah game laws apply to non-Indians who hunt, even with the tribe's
permission, on the Uintah and Ouray Indian Reservation. Thus,
non-Indians cannot hunt on the reservation without procuring a
state license, even though they may be licensed by the tribe to
do so---.
1. A tribal council acting in a legislative capacity is not required to pro-
vide interested persons with an opportunity to present their
position prior to enactment of an ordinance___.
2. The Twenty-Sixth Amendment to the Constitution, providing, inter
alia, that "the United States" shall not deny or abridge the right
of eighteen-year-olds to vote, applies to Indian tribes' elections
called by the Secretary pursuant to the Indian Reorganization Act
or other act, but, because of the fundamental right of a tribe to
govern itself, the amendment does not apply to Indian tribes in
purely tribal elections____
1. States which have assumed the requisite jurisdiction over Indian
country under Public Law 280 (Act of August 15, 1953, 67 Stat.
588, as amended, 18 U.S.C. section 1162 and 28 U.S.C. section 1360)
or under the Civil Rights Act of 1968 (Act of April 11, 1968,
82 Stat. 77-81, 25 U.S.C. sections 1321-1322 (Supp. V, 1965–1969))
are required by the Wholesome Meat Act of 1967 to enforce their
meat inspection laws on Indian reservations if the enforcement
does not involve the regulation of property held in trust by the
United States for the benefit of the Indians. States which have
not assumed the aforementioned jurisdiction over Indian country
are not authorized or required by the Wholesome Meat Act of 1967
to enforce their meat inspection laws on Indian reservations
unless the Secretary of the Interior were to enact regulations
authorizing such enforcement under the authority granted him by
the Act of February 15, 1929, 45 Stat. 1185, as amended, 25 U.S.C.
section 231_.
1. A tribal ordinance which prohibits all aerial crop spraying within the
confines of the Fort Hall Indian Reservation because of a history
of damage occasioned by such spray falling upon neighboring
lands in the reservation not intended for such spraying is not
violative of the due process requirement of Title II, sec. 202, sub-
section (8), of the Civil Rights Act of Apr. 11, 1968, 82 Stat. 77;
25 U.S.C. sec. 1302 (Supp. V, 1965-1969), even though the ordi-
nance prohibits the continuation of a recognized and useful occu-
pation, and may impair the performance of a contract previously
made
2. The Twenty-Sixth Amendment to the Constitution, providing, inter
alia, that "the United States" shall not deny or abridge the right
of eighteen-year-olds to vote, applies to Indian tribes' elections
called by the Secretary pursuant to the Indian Reorganization Act
or other act, but, because of the fundamental right of a tribe to
govern itself, the amendment does not apply to Indian tribes in
purely tribal elections___
1. States which have assumed the requisite jurisdiction over Indian
country under Public Law 280 (Act of August 15, 1953, 67 Stat.
588, as amended, 18 U.S.C. section 1162 and 28 U.S.C. section 1360)
or under the Civil Rights Act of 1968 (Act of April 11, 1968, 82
Stat. 77-81, 25 U.S.C. sections 1321-1322 (Supp. V, 1965-1969))
are required by the Wholesome Meat Act of 1967 to enforce their
meat inspection laws on Indian reservations if the enforcement
does not involve the regulation of property held in trust by the
United States for the benefit of the Indians. States which have
not assumed the aforementioned jurisdiction over Indian country
are not authorized or required by the Wholesome Meat Act of
1967 to enforce their meat inspection laws on Indian reservations
unless the Secretary of the Interior were to enact regulations
authorizing such enforcement under the authority granted him by
the Act of February 15, 1929, 45 Stat. 1185, as amended, 25
U.S.C. section 231____
2. The modification of the Federal Indian liquor laws, permitting the
introduction, possession and sale of intoxicating beverages on the
reservation with tribal consent (Act of August 15, 1953, 67 Stat.
586, 18 U.S.C. section 1161 (1964)) does not make Montana liquor
laws applicable to the Chippewa Cree Tribe or tribal members on
the Rocky Boy's Reservation. Rather, this act requires the state
liquor laws to be used as the standard of measurement to define
lawful and unlawful activity on the reservation. Actions not in
conformity with the provisions of applicable state law would sub-
ject a tribal member to prosecution only in the Federal courts,
not in state courts. Non-Indians would be subject to prosecution
in the Federal and state courts, assuming a double jeopardy
question is not presented__
1. The modification of the Federal Indian liquor laws, permitting the
the introduction, possession and sale of intoxicating beverages on
the reservation with tribal consent (Act of August 15, 1953, 67
Stat. 586, 18 U.S.C. section 1161 (1964)) does not make Montana
liquor laws applicable to the Chippewa Cree Tribe or tribal mem-
bers on the Rocky Boy's Reservation. Rather, this act requires
the state liquor laws to be used as the standard of measurement
to define lawful and unlawful activity on the reservation. Actions
not in conformity with the provisions of applicable state law would
subject a tribal member to prosecution only in the Federal courts,
not in state courts. Non-Indians would be subject to prosecution
in the Federal and state courts, assuming a double jeopardy ques-
tion is not presented__
2. A subordinate tribal entity or tribal member licensed by the Chippewa
Cree Tribe to operate a liquor establishment on the Rocky Boy's
Reservation does not have to obtain a state liquor license__
1. The prohibition against contracts involving the employment of convict
labor as contained in Executive Order No. 325a does not apply to
those cooperative agreements entered into by the Bureau of Land
Management and the several States which provide for emer-
gency manpower assistance for the suppression of fires, even
though, the States may rely in part upon-trained convict crews
for such emergency manpower reserves_.
1. An application for a quitclaim deed under sec. 6 of the Act of
April 28, 1930, 43 U.S.C. sec. 872, based upon a conveyance to the
United States of land as a basis for lieu selection, which con-
veyance was made pursuant to the Act of June 4, 1897, 30 Stat.
11, 36, is properly rejected because the Act of July 6, 1960, 74 Stat.
334, precludes the Department from utilizing the 1930 act for
that purpose--
1. A reservation of all minerals to the United States in a patent of
public lands to the State of Arizona pursuant to 43 U.S.C. sec.
315(g) (1970) reserves valuable deposits of sand and gravel found
thereon. No exception to this rule applies where those materials
comprise all or substantially all of the land in question because
the statute makes provision for the owner of the surface estate to
receive payment for damages caused to the land and improvements
thereon by mining operations----
1. An applicant for a prospecting permit to explore for copper and other
hardrock minerals is properly required to agree to certain stipula-
tions as a condition precedent to the issuance of the permit when
there is no showing that the requirements are unreasonable, arbi-
trary, or unduly onerous, and where those stipulations conform
to the Department's obligations under the National Environmental
Policy Act of 1969___.
MINERAL LEASING ACT FOR ACQUIRED LANDS
1. The Secretary of the Interior exercises discretion in determining
whether or not acquired lands under his jurisdiction should be
opened to prospecting for sulphur, and where it is determined by
the Bureau of Reclamation that lands under its administrative
jurisdiction should not be opened to such prospecting because of
potential damage to its surface works, and where the Geological
Survey concurs in such recommendation, applications for sulphur
prospecting permits on such lands will be rejected in the absence
of compelling reasons otherwise_-_
1. The United States mining laws give to the owner of mining claims as
a necessary incident a nonexclusive right of access across the
public lands to their claims for purposes of maintaining the claims
and as a means of removing the minerals. Therefore, an owner of
a mining claim may construct and maintain across the public
lands a nonexclusive road for such purposes‒‒‒
2. Absent a statutory direction to the contrary, lands acquired by pur-
chase do not thereby acquire a public land status and are there-
fore not subject to the operation of the United States mining
laws
3. The Act of August 10, 1939, 53 Stat. 1347, adding certain lands to
the Kaniksu National Forest, constitutes such a statutory
direction
COMMON VARIETIES OF MINERALS
1. To satisfy the requirements for discovery on a placer mining claim
located for a common variety of pumiceous material before
July 23,, 1955, it must be shown that the exposed material
could have been removed and marketed at a profit on that date,
as well as at the present time; where such a showing is not made,
the claim is properly declared null and void----.
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