General Information
Monetary Compensation or Land
- All living heirs will receive monetary compensation pursuant to the WELSA Act.
- The is no real property (land) issued to living heirs.
Reclaiming the Land
- 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.
Inheriting Under WELSA
- 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.
Compensation Payments
- 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.