Brown, Walter S. v. Commissioner of Indian Affairs, 8 IBIA 183 (1980)
Interior Board of Indian Appeals
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Brown, Walter S. v. Commissioner of Indian Affairs, 8 IBIA 183 (1980)
Appeal from decision by Acting Deputy Commissioner of Indian Affairs denying appellant's request to gift deed a portion of his allotment on the Quinault Reservation to his nephew, also an owner of a Quinault allotment, on grounds that the nephew was not qualified under the Indian Reorganization Act to receive such a gift.
Reversed.1. Indian Tribes: Membership It is for the Indian tribe, not this Department, to determine composition of the tribe. In 1922 the Quinault Tribe did not recognize as members thereof any Indian of the reservation, but affiliate memberships were authorized for persons of onequarter Quileute, Hoh, Chehalis, Chinook, or Cowlitz blood, under specified conditions.IBIA 80-10-A2. Indian Lands: Allotments: Alienation--Indian Reorganization Act: In light of the unique history of land ownership and Federal-Indian relations on the Quinault Reservation, any Quinault allottee living on June 1, 1934, should be entitled to receive other trust land on the reservation by gift deed in accordance with the provisions of secs. 5 and 19 of the Indian Reorganization Act (25 U.S.C. §§ 465 and 479 (1976)).APPEARANCES: Daniel L. Van Mechelen, Seattle, Washington, for appellant; James R. Kuhn, Jr., Esq., Office of the Regional Solicitor, Portland, Oregon, for respo...See the full content of this document
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