¹ Mark Welliver is a Juris Doctorate candidate at the University of New Mexico School of Law.

² See generally Andrew J. Vieau, Sr., The Narrative of Andrew J. Vieau, Sr., in 2 COLLECTIONS OF THE STATE HISTORICAL SOCIETY OF WISCONSIN 219 (Reuban Gold Thwaites ed., 1888). Andrew Vieau, Sr., was the grandson of Mah-tee-nose (Madeline) and Joseph LeRoy. His mother, Angelique LeRoy married Jacques Vieau, a fur trader with the Northwest Fur Company. Id. at 218—221_._ The Vieau(x) family would become prominent in the history of the Citizen Band Potawatomi.

³ Id. at 220, n3.

⁴ See Kenneth H. Bobroff, Retelling Allotment: Indian Property Rights and the Myth of Common Ownership, 54 VAND. L. REV. 1559, 1618-19 (2001).

⁵ CP 87 and 100, however, are rather “atypical” in that there are a small number (18) of interest holders. Compare infra text accompanying notes 115—123.

⁶ Her baptismal name was Madeline, sometimes listed as Marguerite. It was common for the French to carry names forward throughout subsequent generations, often making research confusing. See e-mail from Susan Campbell, Citizen Potawatomi Genealogist, to author (Oct. 17, 2000, 18:15:00 PST) (on file with author) [hereinafter Campbell e-mail, Oct 17, 2000]; see also e-mail from Susan Campbell, Citizen Potawatomi Genealogist, to author (Oct. 19, 2000, 02:00:00 PST) (on file with author) [hereinafter Campbell e-mail, Oct 19, 2000].

⁷ See Vieau, supra note 1, at 219.

⁸ Id. Andrew Vieau states that his father, Jacques, was born May 5, 1757. Id. Presumably, Angelique was born around the same general time, so that Mahteenose could have married LeRoy within the same decade or before. See e-mail from Susan Campbell, Citizen Potawatomi Genealogist, to author (Nov. 04, 2000. 01:41:00 MST) (on file with author) [hereinafter Campbell e-mail, Nov 04, 2000]. The earliest spelling of the surname Vieau was Viau(d), the spelling that came over from France. Id. It has also been spelled Vieux, Vieaux, Veio, View, Jarveau and Jambo (a reference to Jacques Vieau). Id.

⁹ Records indicate that Madeline Vieau was either born on April 1, 1801 in Milwaukee, or in 1800 in Green Bay. See Campbell e-mail, Oct. 17, 2000, supra note 5. She is the older sister of Andrew Vieau, Sr., born in 1818 at Green Bay. See Vieau, supra note 1, at 225.

¹⁰ See Campbell e-mail, Oct. 17, 2000, supra note 5.

¹¹ See id. John Lawe ran a trading post in Green Bay, and later established a saw mill at Two Rivers, where he also owned a large tract of land on which the settlement was founded. See Vieau, supra note 1, at 229, 231-32. Andrew Vieau, Sr. acquired the mill in 1843 and ran it as a mill and trading post until selling it three years later. See id.

¹² See FRANCIS PAUL PRUCHA, DOCUMENTS OF UNITED STATES INDIAN POLICY 42 (Francis Paul Prucha ed., 3rd ed. 2000) [hereinafter DOCUMENTS].

¹³ See id.

¹⁴ Treaty with the Sioux and Chippewa, Sacs and Fox, Menominie, Ioway, Sioux, Winnebago, and a portion of the Ottawa, Chippewa, Potawattomie, Tribes, Aug. 19, 1825, 7 Stat. 272 [hereinafter Treaty at Prairie du Chien].

¹⁵ Id. at pmbl., art 1.

¹⁶ Indian Removal Act of 1830, 4 Stat. 411.

¹⁷ See ROBERT M. UTLEY & WILCOMB E. WASHBURN, INDIAN WARS 135 (1987 ed.).

¹⁸ Id.

¹⁹ Black Hawk’s revolt lasted less than three months. See id. at 135-39.

²⁰ Articles of a Treaty Made and concluded at Chicago, in the State of Illinois, between Lewis Cass and Solomon Sibley, Commissioners of the United States, and the Ottawa, Chippewa, and Pottawatamie, Nations of Indians, Aug. 29, 1821, 7 Stat. 218 [hereinafter Treaty at Chicago].

²¹ See JAMES A. CLIFTON, THE PRAIRIE PEOPLE CONTINUITY AND CHANGE IN POTAWATOMI INDIAN CULTURE, 1665-1965, 241 (1998).

²² Id.

²³ See id. at 257.

²⁴ See id. at 241-42.

²⁵ See id.

²⁶ See id. at 280, 317-19 (which included the United Bands of Odawa, Ojibwa, and Potawatomi).

²⁷ See CLIFTON_, supra_ note 20, at 280-81.

²⁸ See Vieau, supra note 1, at 219 n.6. Louis Vieau became a Potawatomi chief in Kansas, and was the first person named on the 1863 Tribal Roll for [Kansas] Pottawatomie Indians. See infra note 37.

²⁹ See Campbell e-mail, Oct. 17, 2000, supra note 5; see also Campbell e-mail, Nov 04, 2000, supra note 7.

³⁰ CLIFTON, supra note 20, at 324.

³¹ See id. at 281—3.

³² A Catholic priests asked Chief Menominee to call all his people to come to service at the local church. See “GRANDFATHER, TELL ME A STORY” AN ORAL HISTORY PROJECT CONDUCTED BY THE CITIZEN BAND POTAWATOMI TRIBE OF OKLAHOMA ix (Dr. Francis Levier & Patricia Sulcer eds., 1984) [hereinafter GRANDFATHER]. “When all the people were gathered inside the church the army came in and captured them all,” and on September 4, 1838 the Potawatomi “Trail of Death” began. Id.

³³ Pokagon, a Potawatomi chief from the Saint Joseph River, and his followers remained on their small farms (“consolidated” into a small reservation in 1828) and were not removed west. See R. DAVID EDMUNDS, THE POTAWATOMIS KEEPERS OF THE FIRE 214, 229 (1979).

³⁴ Mnitoqua also went by the name of Marguerite. Indian records of the day also had the tendency to confuse individuals. It was not exceptional for names to be handed down in succeeding generations. See Campbell e-mail, Oct. 19, 2000, supra note 5. In this case, not only was Leon Bourassa’s wife and daughter named Margaret (Marguerite) so was his mother and sister. See Petition from Joseph Coulter to the Bureau of Indian Affairs to Change the Blood Quantum of Mnitoqua 2 (June 22, 1992) (on file with author) [hereinafter Petition].

³⁵ Treaty with the Pottawatimies, Oct. 16, 1826, 7 Stat. 295-99.

³⁶ See Sherry Thomas, Mounds Are All That Remains of Village, PIONEER PRESS, August 24, 1994 (Oak Park, Ill.) at 15.

³⁷ See id.

³⁸ See, Petition, supra note 33, at 2.

³⁹ See id.

⁴⁰ See id.

⁴¹ See Lee Sultzman, History, Potawatomi History, at (last visited Sept. 23, 2001) [hereinafter Potawatomi History].

⁴² See id. Band affiliation at the time of the 1861 treaty was not compelled. See REV. JOSEPH MURPHY, POTAWATOMI OF THE WEST: ORIGINS OF THE CITIZEN BAND 265-8 (1988). Membership after the treaty was thus based on the “arbitrary” decision of the individual. See id. The Secretary of the Interior continued to issue membership transfers between bands as late as 1869. See id.

⁴³ See Kansas Kin, RILEY COUNTY, KANSAS GENEALOGICAL SOCIETY, August 1979, at 50.

⁴⁴ Treaty with the Potawatomi, Nov. 15, 1861, 12 Stat. 1191.

⁴⁵ See Potawatomi History, supra note 40.

⁴⁶ MURPHY, supra note 41, at 290.

⁴⁷ See id. at 283-84. Article II of the 1861 Treaty applied protection against taxation, yet the process of naturalizing the Potawatomi as citizens in Article III left a loophole for the alienation of allotments. Id.

⁴⁸ MURPHY, supra note 41, at 289.

⁴⁹ Id. at 284.

⁵⁰ See id.

⁵¹ Id. at 284-85.

⁵² Id. at 288.

⁵³ See id. at 252-53.

⁵⁴ Treaty with the Potawatomi, Feb. 27, 1867, art. 1, 15 Stat. 531.

⁵⁵ See Potawatomi History, supra note 40.

⁵⁶ See DOCUMENTS, supra note 11, at 71-72 (reprinting a portion of President Jackson’s annual message to Congress, December 7, 1835, favoring Indian removal).

⁵⁷ See FELIX S. COHEN’S HANDBOOK OF FEDERAL INDIAN LAW 771 (Rennard Strickland et al. eds., 1982) [hereinafter COHEN’S].

⁵⁸ Id.

⁵⁹ Id. at 772.

⁶⁰ Id. at 771.

⁶¹ Id. at 772.

⁶² Id.

⁶³ See FRANCIS PAUL PRUCHA, THE GREAT FATHER: THE UNITED STATES GOVERNMENT AND THE AMERICAN INDIANS 255 (abr. ed. 1984) [hereinafter THE GREAT FATHER].

⁶⁴ Act of March 1, 1889, ch. 333, § 1, 25 Stat. 783. See also THE GREAT FATHER, supra note 62, at 255.

⁶⁵ THE GREAT FATHER, supra note 62, at 256.

⁶⁶ Pipestem & Rice, The Mythology of the Oklahoma Indians, 6 AM. INDIAN L. REV. 259, 276 (1978).

⁶⁷ See Act of May 2, 1890, ch. 182, 26 Stat. 81. See COHEN’S, supra_ note 56, at 773.

⁶⁸ The Organic Act expressly preserved tribal authority and federal jurisdiction in both Indian and Oklahoma Territories. COHEN’S, supra note 56, at 773.

⁶⁹ General Allotment Act of 1887, ch. 119, 24 Stat. 388 (codified as amended in scattered sections of 25 U.S.C.).

⁷⁰ See e.g., S.T. BLEDSOE, INDIAN LAND LAWS 237-40 (ed. 1979) (describing the agreements of the Absentee Shawnees and Citizen Potawatomis).

⁷¹ COHEN’S, supra note 56, at 129.

⁷² Id.

⁷³ MURPHY, supra note 41, at 252 (citing Annual Report of the Commissioner of Indian Affairs 6 (1860)).

⁷⁴ Id.

⁷⁵ COHEN’S, supra note 56, at 129-30.

⁷⁶ Id. at 130 n. 30 (citing COMM. ON THE TERRITORIES, REPORT, H.R. REP. No. 188, 45th CONG., 3d SESS. (1879)).

⁷⁷ Id. at 130 (citations omitted).

⁷⁸ Id. at 131.

⁷⁹ Id. at 132.

⁸⁰ Id.

⁸¹ See COHEN’S, supra note 56, at 133.

⁸² Id. at 131.

⁸³ See id.

⁸⁴ Id.

⁸⁵ Id.

⁸⁶ Id.

⁸⁷ On March 2, 1871, the federal government abolished the policy of treaty making with Indian Tribes. The Act of March 2, 1871, 16 Stat. 566. Two main reasons were stated: humanitarian attacks on the treaty system; and the House of Representatives’ objection to the concentration of authority for dealing with Indian tribes in the Senate (the House’s voice in Indian affairs was limited to funding the deals made in the treaties ratified by the Senate). THE GREAT FATHER, supra note 62, at 164-65.

⁸⁸ See e.g., BLEDSOE, supra note 69, at 237-40.

⁸⁹ Id.

⁹⁰ Id. at 216-17.

⁹¹ 26 Stat. 1016.

⁹² See 1Vine Deloria, Jr. & RAymond J. DeMallie, Documents of American INdian Diplomacy 326 (1999) [hereinafter DELORIA & DEMALLIE].

⁹³ See generally, REV. JOSEPH MURPHY, THE BENEDICTINE FOUNDATIONS OF THE SACRED HEART MISSION AND ST. GREGORY’S ABBEY AND COLLEGE (1987) (describing the influence Sacred Heart had upon the Citizen Band).

⁹⁴ Deloria & DeMallie, supra note 91, at 327.

⁹⁵ Id.

⁹⁶ Id. at 328.

⁹⁷ 25 U.S.C. § 379 (1994).

⁹⁸ Act of May 8, 1906, 34 Stat. 183. See also Bobroff, supra note 3, at 1610-11.

⁹⁹ 25 U.S.C. § 405 (1994).

¹⁰⁰ Kathleen R. Guzman, Give or Take an Acre: Property Norms and the Indian Land Consolidation Act, 85 IOWA L. REV. 595, 608. n. 54 (2000).

¹⁰¹ WILLIAM C. CANBY, JR., AMERICAN INDIAN LAW 21 (2d ed. 1988).

¹⁰² Indian Reorganization Act, June 18, 1934, Ch. 576, 48 Stat. 984 (codified as amended at 25 U.S.C. §§ 461 et seq.) (1934).

¹⁰³ COHEN’S, supra note 56, at 147-49.

¹⁰⁴ 25 U.S.C. § 473 (1994).

¹⁰⁵ COHEN’S, supra note 56, at 774-75. Many allotted Indians in Oklahoma originally opposed the IRA because they felt it returned them to a condition of tribal ownership and segregation from the white community. THE GREAT FATHER, supra note 62, at 326-27.

¹⁰⁶ See Ch. 119, § 5, 24 Stat. 389 (codified at 25 U.S.C. § 348 (1994)).

¹⁰⁷ See id.

¹⁰⁸ Ethel J. Williams, Comment, Too Little Land, Too Many Heirs-–The Indian Heirship Problem, 46 WASH. L. REV. 709, 721-22 (1971).

¹⁰⁹ Act of June 25, 1910, Ch. 431, § 2, 36 Stat. 856 (codified at 25 U.S.C. § 373 (1994)).

¹¹⁰ Bobroff, supra note 3, at 1616.

¹¹¹ 25 C.F.R. 15.28 (1970).

¹¹² Id.

¹¹³ See Williams, supra note 107, at 722.

¹¹⁴ See id.

¹¹⁵ See 25 U.S.C. § 373 (1994).

¹¹⁶ Bobroff, supra note 3, at 1616 (citing the statement of the Puyallup Reservation Indian Agent in 1892 ANN. REP. OF THE SECRETARY OF THE INTERIOR 1930).

¹¹⁷ Bobroff, supra note 3, at 1617.

¹¹⁸ Id.

¹¹⁹ Id.

¹²⁰ Williams, supra note 107, at 712, n. 11.

¹²¹ Id. at 712, n. 12.

¹²² Hodel v. Irving, 481 U.S. 704, 713 (1987) (citing M. LAWSON, HEIRSHIP: THE INDIAN AMOEBA (1982), reprinted in Hearing on S. 2480 and S. 2663 Before the Senate Select Committee on Indian Affairs, 98th Cong., 2d Sess., 85 (1984)).

¹²³ Id.

¹²⁴ Id.

¹²⁵ See Williams, supra note 107, at 710.

¹²⁶ See Guzman, supra note 99, at 609.

¹²⁷ See Bobroff, supra note 3, at 1617.

¹²⁸ See Williams, supra note 107, at 715.

¹²⁹ See Bobroff, supra note 3, at 1617.

¹³⁰ See generally JESSE DUKEMINIER & JAMES E. KRIER, PROPERTY 340-51(4th ed. 1998) (for a good synopsis of common law cotenancy principles).

¹³¹ See Guzman, supra note 99, at 608.

¹³² See 25 U.S.C. § 483 (1994) (“The Secretary of Interior… is authorized in his discretion, and upon application of the Indian owners, to issue patents in fee, [and] to remove restrictions against alienation… with respect to lands or interests held by individual Indians). But see Sampson v. Andrus, 483 F. Supp 240 (D.S.D. 1980) (the court finding the narrow administrative interpretation of “upon application of the Indian owners” defeats the intent of the statute, thereby applications made by less than all the owners should be given consideration).

¹³³ See 25 U.S.C. § 483. The Act also applies to the partition of Indian allotments. However, in Sampson the court granted the Secretary of the Interior the discretion to authorize allotment partition upon the application of a single cotenant.

¹³⁴ See Williams, supra note 107, at 729.

¹³⁵ See id. at 715.

¹³⁶ See id. at 729.

¹³⁷ See Act of Aug. 9, 1955, ch. 615, 69 Stat. 539 (codified at 25 U.S.C. § 415 (1999)).

¹³⁸ 25 U.S.C. § 415a (1994). See also COHEN’S, supra note 56, at 625.

¹³⁹ See generally COHEN’S, supra note 56, at 624-26.

¹⁴⁰ See 25 U.S.C. § 323-28 (1994).

¹⁴¹ COHEN’S, supra note 56, at 626 (citing 25 U.S.C. § 324).

¹⁴² 25 U.S.C. §§ 311-322a.

¹⁴³ COHEN’S, supra note 56, at 626, n. 159 (citing C.F.R. § 161.12 (1980)).

¹⁴⁴ See Bobroff, supra note 3, at 1618.

¹⁴⁵ See id.

¹⁴⁶ Id.

¹⁴⁷ See Williams, supra note 107, at 718-19. See generally, Cobell v. Babbitt, 52 F. Supp.2d 11 (D.D.C. 1999) (involving multi-billion dollar class action suit filed against the Departments of Interior and Treasury alleging failure to perform trust responsibilities related to collection and distribution of income from allotted lands). Recently, the D.C. Circuit Court ruled that the federal government breached its fiduciary duties to allotment owners and is liable to provide an accounting of mismanaged funds. Cobell v. Norton_,_ 240 F.3d 1081, 1105-06 (D.C. Cir. 2001). As of this writing, Secretary Norton and other members of the Interior Department are in the D.C. District Court on contempt charges stemming from the failure to address the mismanagement of approximately $10 billion of Indian trust accounts. See generally, Indian Trust: Cobell v. Norton,_ at_ http://www.indiantrust.com (tracking the progression of the Cobell litigation in federal court) (last visited March 24, 2002).

¹⁴⁸ See Bobroff, supra note 3, at 1619.

¹⁴⁹ See id.

¹⁵⁰ Id. (citing Joint Hearings of the House of Representatives and the Senate Committee on Indian Affairs on S. 1586 (1999) statement of Kevin Gover, Assistant Secretary of the Interior, Bureau of Indian Affairs).

¹⁵¹ See supra text accompanying notes 86-89.

¹⁵² See supra text accompanying notes 107-113.

¹⁵³ My father’s guardian upon the death of his mother was one of Ethel’s brothers. In the words of my father ” after spending the first summer with him after my mother died, he took me back to school [Concho] and I never saw or heard from him again.” Interview with Jack Welliver, in San Luis Obispo, Cal. (Oct. 25, 1999).

¹⁵⁴ W. F. SEMPLE, OKLAHOMA INDIAN LAND TITLES ANNOTATED 537 (1952). See also COHEN’S, supra note 56, at 619.

¹⁵⁵ E-mail from Jessica Lantagne, Oil and Gas Realty Specialist, Citizen Potawatomi Nation, to the author (Nov. 27, 2000, 09:36:00 MST) (on file with author) [hereinafter Lantagne e-mail].

¹⁵⁶ Id.

¹⁵⁷ 25 C.F.R. 162.1 (2000) (leasing and permitting).

¹⁵⁸ 25 U.S.C. § 403 (1994) (“Any Indian allotment held under trust may be leased… for a period not to exceed five years, subject to… rules and regulations as the Secretary… may prescribe”) (Allotment lease on file with tribe and author).

¹⁵⁹ If during the lease period an interest holder in the allotment wanted to use the land for some other purpose, for example, growing pecans, the permission of the lessee must be obtained first. The use cannot interfere with the purposes for which the land is leased. Interview with Jessica Lantagne, Oil and Gas Specialist, Citizen Potawatomi Nation, in Shawnee, Okla. (Oct. 12, 2000) [hereinafter Lantagne interview].

¹⁶⁰ See Allotment lease (on file with tribe and author).

¹⁶¹ Id.

¹⁶² Id. See also, Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. §§ 3001-13 (Supp. 1991).

¹⁶³ Lantagne e-mail, supra note 154.

¹⁶⁴ Id.

¹⁶⁵ Id. At the time of this writing, the author had not yet acquired the actual appraisal value of the land from the BIA.

¹⁶⁶ Id.

¹⁶⁷ Lantagne interview, supra note 158.

¹⁶⁸ See 25 C.F.R. § 172.4 (1980). For a general overview of allotment leasing see COHEN’S, supra note 56, at 624-26.

¹⁶⁹ Lantagne interview, supra note 158.

¹⁷⁰ See 25 C.F.R. § 172.6 (1980).

¹⁷¹ See 25 U.S.C. §§ 312, 319, 323, 324 (1994); see supra text accompanying notes 138-141.

¹⁷² See Department of the Interior, Office of Indian Affairs Allotment Record CP 87 and CP 100 (on file with the Tribe and the author).

¹⁷³ See id.

¹⁷⁴ See id.

¹⁷⁵ See id.

¹⁷⁶ Lantagne interview, supra note 158.

¹⁷⁷ Interview with Carol Haney, Realty Specialist, Citizen Potawatomi Nation, in Shawnee, Okla. (Oct. 12, 2000).

¹⁷⁸ Id.

¹⁷⁹ Id.

¹⁸⁰ See supra text accompanying notes 113-123.

¹⁸¹ Lantagne e-mail, supra note 154.

¹⁸² See supra text accompanying notes 128-141.

¹⁸³ 25 U.S.C. §§ 2201-2211 (Supp. I 1983).

¹⁸⁴ See S. REP. NO. 98-632, at 1 (1984), reprinted in 1984 U.S.C.C.A.N. 5470, 5471.

¹⁸⁵ See id.

¹⁸⁶ 481 U.S. 704 (1987).

¹⁸⁷ 519 U.S. 234 (1997).

¹⁸⁸ 25 U.S.C. § 2206© (1994).

¹⁸⁹ 436 U.S. 49 (1978).

¹⁹⁰ Id.

¹⁹¹ 25 U.S.C. § 1301-41 (1994).

¹⁹² 436 U.S. at 58.

¹⁹³ CANBY, supra 100 at 251.

¹⁹⁴ Id. at 252.

¹⁹⁵ 25 U.S.C. § 2205(a) (1994).

¹⁹⁶ 25 U.S.C. § 2204 (1994).

¹⁹⁷ 25 U.S.C. § 2205(a)(1) (1994).

¹⁹⁸ Id. at § 2205(a)(2).

¹⁹⁹ See supra text accompanying notes 169-171.

²⁰⁰ See U.S. v. Kagama, 118 U.S. 375 (1886).

²⁰¹ Pub. L. No: 106-462, 114 Stat. 1991, 25 U.S.C.A. §§ 2201-19 (2001).

²⁰² See id. § 2206.

²⁰³ Id. § 2201(5).

²⁰⁴ Id. § 2206(b)(2).

²⁰⁵ Id.

²⁰⁶ Id. § 2206(a)(3)©.

²⁰⁷ 25 U.S.C.A. § 2206(b)(3) (2001).

²⁰⁸ Id. § 2206(b)(4).

²⁰⁹ Id. § 2206(b)(5).

²¹⁰ Id. § 2206(a)(1).

²¹¹ Id. § 2206(a)(2).

²¹² Id. § 2206(a)(3)(A).

²¹³ 25 U.S.C.A. § 2006(a)(3)(B) (2001).

²¹⁴ Id. § 2206(a)(4)-(5).

²¹⁵ Id. § 2206(a)(6)(A).

²¹⁶ Id. § 2205©.

²¹⁷ Id. § 2206(a)(4).

²¹⁸ Id. § 2206©(2)(B).

²¹⁹ 25 U.S.C.A. § 2206©(2)(A) (2001).

²²⁰ Id. § 2006©(1).

²²¹ See supra text accompanying notes 212-213.

²²² Babbitt v. Youpee, 519 U.S. 234 (1997). See also COHEN’S supra note 56, at 622.

²²³ Assistant Secretary of the Interior Kevin Gover, Address at the Annual Indian People, Indian Law Convocation (Oct. 27, 2000) University of New Mexico School of Law, Albuquerque, NM.

²²⁴ Id.

²²⁵ Lantagne e-mail, supra note 154.

²²⁶ See id.

²²⁷ See id.

²²⁸ See id.

²²⁹ See id.

²³⁰ NATIVE AMERICAN WISDOM 97 (Running Press 1993).

²³¹ Executive Summary of The Indian Land Tenure Partnership Plan (Feb. 2001) (unpublished proposal, on file with author) [hereinafter Plan]_._ In the interest of simplicity, the Indian Land Tenure Community, and the Indian Land Working Group, are treated synonymously.

²³² Id. at 11.

²³³ Id.

²³⁴ Id. at Executive Summary.

²³⁵ Id. at 20.

²³⁶ Id. at 12.

²³⁷ Plan, supra note 230, at 12.

²³⁸ Id. at 16.

²³⁹ See supra text accompanying notes 180-198.

²⁴⁰ Plan_, supra_ note 230, at 13. See also supra text accompanying notes 144-145.

²⁴¹ Id. at 16.

²⁴² Id. app. G, at G5.

²⁴³ Id.

²⁴⁴ Id. at 21.

²⁴⁵ Id. See also supra text accompanying notes 125-141.

²⁴⁶ Plan, supra note 230, at 21.

²⁴⁷ Id.

²⁴⁸ Id. at 22.

²⁴⁹ Id. at 25.

²⁵⁰ 25 U.S.C. § 464 (1994). See also DAVID H. GETCHES ET AL., FEDERAL INDIAN LAW 194 (4th ed. 1998).

²⁵¹ Plan, supra note 230, at 8.

²⁵² Id.

²⁵³ Id.

²⁵⁴ Id. at 8, 14.

²⁵⁵ Id. at 14. See also, Acquisition of Title to Land in Trust, 66 Fed. Reg. 3452-3466 (Jan. 16, 2001) (to be codified at 25 C.F.R. pt. 151) (explaining the current federal procedures to move land acquired by Indians from fee simple to trust status).

²⁵⁶ Plan, supra note 230, at 14.

²⁵⁷ Id.

²⁵⁸ See supra text accompanying notes 96-100.

²⁵⁹ Plan, supra note 230, app. E, at 10.

²⁶⁰ Id.

²⁶¹ Id. app. E, at 6.

²⁶² Id.

²⁶³ Id. app. E, at 7.

²⁶⁴ Id. app. F, pt. 2, § IV, at 1.

²⁶⁵ Plan, supra 230, app. F, pt. 2, § IV, at 1.

²⁶⁶ Id. app. F, pt. 1, § I., at 10.

²⁶⁷ Id. app. F, pt. 2, § IV, at 2.

²⁶⁸ Id.

²⁶⁹ Id.

²⁷⁰ See COHEN’S, supra note 56, at 717 (quoting D. GETCHES, ET AL., FEDERAL INDIAN LAW 110-11 (St. Paul: West Publishing Co., (1979)).

²⁷¹ Plan, supra note 230, app. F, pt. 1, § I., at 10.

²⁷² Id.

²⁷³ Id. app. F, pt. 1, § I, at 11.

²⁷⁴ Id. at Executive Summary.

²⁷⁵ Id. at 37.

²⁷⁶ Id. at 37, 41.

²⁷⁷ Plan, supra note 230, app. F, pt. 1, § I., at 5.

²⁷⁸ Williams, supra note 107, at 714.