NOV . 
 GIF? 
 
 REGULATIONS 
 
 GOVERNING 
 
 THE EXECUTION OF LAES OF 
 INDIAN ALLOTMENTS 
 
 ON THE 
 
 UMATILLA RESERVATION 
 IN OREGON 
 
 APPROVED BY THE SECRETARY OF THE INTERIOR 
 
 SEPTEMBER 15, 1909 
 
 WASHINGTON 
 
 GOVERNMENT PRINTING OFFICE 
 
 1909 
 
REGULATIONS GOVERNING IN THE EXECUTION OF LEASES OF INDIAN ALLOT 
 MENTS ON THE UMATILLA RESERVATION IN OREGON. 
 
 I. GENERAL, POLICIES. 
 
 1. The mere leasing of lands of allottees for the highest price obtain 
 able is not the prime purpose of the Government in maintaining a 
 leasing system. * 
 
 2. The highest object to be attained is the upbuilding of the Indian 
 population by bringing among them good farmers, with their families, 
 their civilized customs, and the object lessons of upright daily life. 
 
 3. To this must be added improvements made on the allotments, the 
 benefit to the community at large by converting vast idle or waste 
 areas into producing territory, and eventually the introduction of 
 public schools and other civilizing agencies. 
 
 4. As a matter of good government, and to protect the rights of 
 dependent allottees, it is an obligation on the part of the Government 
 to see that the Indians get full market value for the use of their lands. 
 
 5. It is also an obligation to break up or repress all dishonest or 
 fraudulent practices, so far as can be, keep the debt habit down to the 
 minimum, and, in short, repress whatever would operate against the 
 upbuilding of the allottees or lead them into corrupt or dishonest 
 practices. 
 
 6. It is the purpose to bring about such degree of stability in all 
 matters affecting leasing that men with sufficient means and of good 
 character will find life among the Indians reasonably agreeable, and 
 that permanency of tenure will result. 
 
 II. REGISTER OF LESSEES. 
 
 1. A register of acceptable lessees will be maintained at the agency 
 office, showing who will be permitted to lease Indian lands and the 
 amount permitted each under the schedule appearing later. 
 
 2. This register should include all present lessees in good standing, 
 and to be added to later by the names of such applicants as may seek 
 such privilege and who shall be found acceptable. A preference right 
 of present tenants (holders of expiring leases) will be recognized to 
 the extent set forth in the rules governing leasing and no further. 
 
 3. Only men of good moral standing, of approved business integrity, 
 and with adequate financial backing to insure their ability to carry 
 out their undertakings will be acceptable. Habitual drunkards or 
 gamblers will not be given registration. 
 
 4. Only actual farmers, who will personally conduct the operations 
 under their contracts, will be regarded as eligible. Minors and married 
 women will not be registered. 
 
 5. Widows with minor sons old enough to do actual farming and 
 who are now leasing satisfactorily, or who may be left widows during 
 the lifetime of leases made to their husbands, may continue on the 
 same terms as men. 
 
 (3) 
 
6. As a condition to the registration of lessees now on the reserva 
 tion each such lessee will be required to furnish the superintendent 
 with a list of all informal leases of lands belonging to Indians, which 
 informal leases must be included in the total amount allowed the lessee. 
 This need not include lands which have passed from Indian ownership. 
 
 7. While the wishes of the Indians will be considered to some ex 
 tent, the Government, acting through the superintendent in charge, 
 reserves the sole right to determine who is entitled to registration. 
 
 8. The registration of any lessee shall be canceled in case he fails to 
 enter into contract on any bid awarded him or provide suret} T there 
 for, or forfeits through nonpayment of rents, abandonment, etc. It 
 may be canceled for conduct incompatible with reservation life, con 
 tinuous discord, poor farming, etc. The superintendent shall hear 
 and determine complaints in all such cases, but appeal may be taken to 
 the Indian Office. 
 
 9. Indians farming for themselves may lease lands of other Indians 
 on the same terms as white lessees. 
 
 III. ACREAGE ALLOWANCE. 
 
 1. A married man with family, which family actually resides on the 
 lands under lease the entire year, shall be limited to 800 acres under 
 lease. To encourage lessees of this class, provision is made under rules 
 governing leasing for four-year leases, if the lease contract shall include 
 buildings of good character. 
 
 2. A married man with family, who may live on deeded land on the 
 reservation, shall be limited to 640 acres. 
 
 3. A married man, whose family actually resides on the reservation 
 during the active work season only, shall be limited to 640 acres. 
 
 4. A married man, not living on the reservation but on the 
 immediate border, near enough to permit of farming reservation lands 
 with convenience, shall be limited to 320 acres. 
 
 5. Single men are not to be regarded as eligible lessees, but in case 
 a single man has a home on the reservation (as in case his father is a 
 lessee) he may lease for himself not to exceed 320 acres. 
 
 6. The major portion of the land operated by each lessee should be 
 near enough his actual place of residence to permit its being worked 
 therefrom. The use of temporary headquarters or "cook cars" will 
 be permitted only to enable lessees to complete the amount allowed 
 them in case the full allowance can not be secured otherwise. 
 
 7. In event any allotment proposed for lease should include waste 
 lands unfit for cultivation, but useful for pasture, it should be included 
 in the lease, but shall not be counted against the acreage allowance. 
 
 8. Nothing in the foregoing shall be construed to mean that the 
 Government is in any way obligated to see that lessees get the full 
 amount of land allowed under this schedule. 
 
 IV. RULES COVERING LEASING. 
 
 1. Leases shall be written to begin October 1, and run, ordinarily, 
 two years. 
 
 2. About May 1 of each year all leases expiring September 30 next 
 shall be listed in the agenc}^ office, each tract on a sheet to itself. 
 This sheet shall bear the name of the allottee, name of present lessee, 
 
description of the land, and a brief of the requirements, improve 
 ments to be made, stipulations as to straw, pasturage, etc., or any 
 privilege retained by the allottee. These lists shall at all times be 
 open to inspection of the public. 
 
 3. In case the present lessee desires to lease the land another term 
 he shall, not later than May 20 following, submit in writing his prop 
 osition, stating the rental he will give, improvements to be made, etc. 
 If he fails to submit a bona tide bid by such date he loses his prefer 
 ence right, and will not be permitted to take the land another term 
 at the highest bid offered. All such bids should be immediately 
 posted on the sheet where such land is listed, and the sheet left up for 
 inspection. 
 
 4. Any other person desiring to lease such tract may submit in 
 writing his bid, not later than June 1, in similar manner as above, 
 but no such bid will be considered unless that of the present lessee is 
 raised at least 10 per cent in rate or amount, the rental valuation to 
 include improvements in ascertaining the rate of amount. 
 
 5. On June 1 all receiving of bids will close, and the present lessee 
 will then be required to raise his bid to equal the highest bid made on 
 any tract bid on by him or lose his preference right thereto. 
 
 6. The acceptance of the bids by the allottees will be taken by the 
 superintendent, and if rejected the bidder will be notified at once. 
 
 7. If any allottee objects to his tenant these objections should be 
 made to the superintendent before the lands are listed, the case heard 
 and determined, and the lessee notified of the finding before bids are 
 called for. Reasonable objections by the allottee will work a for 
 feiture of preference right, especially where the allottee and lessee 
 reside on the same lands, and discord prevails. This need not black 
 list the lessee as to lands of other allottees, unless his conduct should 
 be such as to cause his registration to be canceled. 
 
 8. Under the manner of farming in this locality the summer-fallow 
 plan it may occur that change of tenants will result where plowing 
 or other farm work may have been done in preparation of the next 
 crop. If this work has been done in conformity with well-established 
 custom, the new tenant will be required to pay the outgoing tenant 
 for such work at the established rate for relinquishments, transfers, 
 etc., and refusal to do so will work a forfeiture of his bid. 
 
 9. The custom somewhat prevailing in the past that where land 
 changes tenants the incoming tenant is expected to take over the teams, 
 implements, etc., of the outgoing tenant, is hereby disclaimed, and 
 the Government will take no cognizance thereof. 
 
 10. It is the purpose of the Government to secure as many improve 
 ments of a permanent character on the allotments through the system 
 of leasing as posvsible. Lessees will be expected to cooperate to such 
 end, and in case buildings of expensive character are incorporated in 
 the lease, such lease may be written for double period four years. 
 
 11. That feature of the foregoing rules relative to bidding on lands 
 to be leased will not go into effect until the spring of 1910. 
 
 V. TRANSFERS, RELINQUISHMENTS, FORFEITURES, ETC. 
 
 1. Past experience has demonstrated a tendency to speculate in 
 leases through transfers to other parties, relinquishmonts. etc. As 
 this has been allowed to carry a preference right, to some extent, it 
 
6 
 
 has enabled lessees to sell their work or growing- crops for more than 
 the purchaser could reasonably expect to realize from the first crop. 
 This means the lessee selling a preference right on the reservation. 
 
 2. A schedule of prices covering work done by lessees, such as 
 plowing, cultivating, seeding, etc., will be kept in the office as a basis 
 of adjustment in case a lessee, for any reason, gives up his lease 
 before its expiration. It will be the intention to so adjust this schedule 
 as to do justice to the lessee giving up his lease, but not to permit 
 speculation. 
 
 3. Any lessee desiring to give up his lease before its expiration 
 will be required to accept settlement for work done under the fore 
 going schedule. The allottee will have the first right to take it over 
 under the schedule, but in case he fails to do so it will be offered as 
 are other lands to be leased, the successful bidder to pay the former 
 lessee the amount allowed under the schedule for work done. 
 
 4. Similar procedure will govern in case a lessee forfeits through 
 nonpayments, or abandons his lease, the rights of the bondsmen being 
 fully protected. In case it should be necessar}^ for the bondsmen to 
 proceed with the lease to protect themselves, no preference right will 
 be secured thereby in the matter of future leasing of such tracts. 
 
 VI. DEALINGS WITH INDIANS. 
 
 1. To prevent discord, abuse of privileges, etc., the Government 
 must exercise the right to supervise all business transactions between 
 the lessees and Indians. 
 
 2. Lessees shall be permitted to transact business with the Indians 
 in general, for cash or its equivalent, and on a fair and honest basis, 
 and to extend or accept acts of kindness in a neighborly way, but are 
 prohibited incurring indebtedness from Indians to them. They are 
 also prohibited paying any portions of the rentals to the Indians direct, 
 or incurring indebtedness against such. Continued violation hereof 
 will be considered sufficient to cancel the registration of the offender. 
 
 3. Lessees may perform work for Indians, including building work, 
 plowing, seeding, harvesting grain, etc., but no right to a portion of 
 the crop shall be incurred thereby. To prevent abuse or criticism it 
 will be the duty of any lessee to secure approval of the superintendent 
 before beginning any such undertaking. 
 
 4. The approval of the superintendent should likewise be secured 
 before closing deals in matters of any such value, such as sales of 
 horses, outfits, etc. 
 
 5. The old custom of getting allottees in debt to secure advantage 
 in leasing his lands is absolutely forbidden, and violation hereof will 
 cause all bids of the offender to be rejected and his registration 
 canceled. 
 
 6. It is recognized that in case of the old or the sick, lessees are 
 often importuned excessively to extend credit, furnish supplies, etc. 
 Nothing in the above shall be construed to prohibit acts of kindness 
 or the relief of the sick, but no advantage is to be secured in leasing 
 thereby, nor is the Government to be held for any such indebtedness. 
 In case of relief through exigency nothing herein shall prevent claims 
 being submitted to the superintendent for adjustment. 
 
 7. So far as can be the Government will try to keep a competent 
 interpreter at the office for the free use of all whites and Indians 
 
doing business there. The use of other interpreters will not be pro 
 hibited, but if lessees emplo\ T interpreters to assist them they will be 
 required to limit the pay to ordinary rates and for time employed 
 only. The paj^ment of commissions % lessees to anyone for the pur 
 pose of securing leases will subject such lessee to cancellation of his 
 registration if the offense seems to demand such. 
 
 Respectfully submitted to the Secretary of the Interior recommend 
 ing approval. 
 
 R. G. VALENTINE, 
 Commissioner of Indian Affairs. 
 
 WASHINGTON, D. C., September h 1909. 
 
 Approved as recommended. 
 
 FRANK PIERCE, 
 
 First Assistant Secretary of the Interior. 
 SEPTEMBER 15, 1909. 
 
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GENERAL LIBRARY -U.C. BERKELEY 
 
 BDODTS3377