About WELSA (White Earth Land Settlement Act)
White Earth Land Settlement Act of 1985 (WELSA Project Office) – The project office has the responsibility to identify and process land claims that are identified as illegal land transfers per the WELSA Act. To close out these valid claims, monetary compensation, if any, is disbursed to the living heirs of the original allottees/heirs.
The WELSA Act was passed in 1986 authorizing three major components:
- Monetary compensation, to present day living heirs of the allottees who have a valid claim on his or her allotment
- $6,600,000 for economic development
- 10,000 acres of land transfered in trust for the White Earth Band
You can find the act as a PDF file by clicking the link below or find it in the Services section:
Services
General Information
- All living heirs will receive monetary compensation pursuant to the WELSA Act.
- The is no real property (land) issued to living heirs.
- Claims published in the Federal Register ratify (clear) the title for the current land owner.
- The current land owner will decide if he/she will sell the land.
- WELSA does not track property ownership.
- Family members must be born before July 21, 1900 to receive an allotment.
- Not all allotments have valid claims. Only those lands illegally transfered as defined by the WELSA Act.
- Administrative Judge, Office of Hearings and Appeals will utilize Minnesota inheritance laws to render a decision of heirs.
- Heirs are identified in the Orders as receiving an undivided interest.
- Parties in Interest are not named an heir but have an interest in the outcome of a probate.
- Individuals may inherit more than once. Lines of inheritance may be redirected to other family members.
- The Department of Interior, Bureau of Indian Affairs has the fiduciary responsibility to oversee and approve WELSA disbursements from the US Treasury.
- Individual monetary compensation payments are determined by: appraisal of land at the date of transfer, date of transfer, county recorded deductions, U.S. Treasury interest rates and number of heirs
- WELSA has the responsibilty for submitting all documentation to request a monthly disbursement to living heirs who are eighteen years of age.
- The U.S. Treasury will issue checks on the last working day of each month.
- No attorney fees are included or deducted from any compensation payments.
- None of the funds which are distributed under this Act shall be subject to federal or state income taxes or be considered as income or resources in determining eligibility for federally assisted programs.
Claims Department
Will review all allotments and issue a recommendation to the Office of Field Solictor (OFS) for approval. There are currently 2,035 valid claims. Procedures for processing a claim depends upon what claim category an allotment/interest falls under. Most procedures consist of identification of required heirship determinations (fee or trust), status of ownership at the date of transfer, a calcuation of value at the date of transfer for a probate request and so forth.
Probate Department
The identification of living heirs is required in order for the issuance of monetary compensation to take place. The probate techncians will prepare a family history, obtain all legal documents or oral history statements. This information will be presented to the the law judge with the U.S. Department of Interior, Office of Hearings and Appeals (OHA). The law judge will determines heirs in accordance with Minnesota & Federal inheritance laws. A hearing may be held if there is no clear and convincing evidence.
Payment Department
On a monthly basis, a certification of monetary compensation due to living heirs will be prepared. This information will be sent to the Department of Interior/Bureau of Indian Affairs (BIA) to request funds for disbursement. Upon completion of payment documents, all information is issued to the U.S. Treasury Department. If notified, non-receipt of a check will initiate a check trace or cancellation by the payment techncians.
Diligent Search
Monetary Compensation that is undeliverable will be identified as Diligent Search Funds. At the conclusion of the Diligent Search process, the funds are forfeited to the White Earth Tribe.
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