WINNIE LEFT HER BEHIND ISSUANCE OF PATENT IN FEE DECEMBER 15, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. MUNDT, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 1602] The Committee on Indian Affairs, to whom was referred the bill (S. 1602) authorizing and directing the Secretary of the Interior to issue to Winnie Left Her Behind, a patent in fee to certain land, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. A detailed explanation of the aims and purposes of this bill is set forth in the Senate Report on this bill (S. Rept. No. 881) which is herein below set forth in full and made a part of this report. A communication dated September 1, 1944, from the Secretary of the Interior, addressed to the chairman of the House committee on the bill follows: Hon. JAMES F. O'CONNOR, THE SECRETARY OF THE INTERIOR, Chairman, Committee on Indian Affairs, House of Representatives. MY DEAR Mr. O'Connor: There is before your committee (S. 1602) a bill to authorize and direct the issuance to Winnie Left Her Behind, a Sioux Indian of the Rosebud Reservation, of a patent in fee to a quarter section of land on the aforesaid reservation. The bill has passed the Senate. For the reasons hereinafter stated, I recommend that this bill be not enacted. The tract in question was allotted to Winnie Left Her Behind on February 1, 1912. It is adjacent to an area in which Indian land is to be consolidated for use by Indians. The bulk of the land in the area is owned by Indians. The tract produces an average revenue of $16 a year. Winnie is 46 years of age and is now married to Peter T. Crow Head. Peter is 56 years of age and is wholly incompetent to handle any kind of business. He was at one time confined to the Canton Indian Insane Asylum and was later in St. Elizabeths Hospital, Washington, D. C. He has served in State prisons in Nebraska and South Dakota and in the Federal prison at Leavenworth, Kans. He has sold all of his land interests. Crow Head's wife, Winnie, applied November 10, 1943, for a patent in fee. Her application indicated that she had no practical business experience and that neither she nor her husband had accumulated property of any kind. The superintendent reported that, in his judgment, Winnie was not capable of handling her affairs competently and recommended against the issuance of the patent. In addition to the 160 acres of her allotment, Winnie holds inherited interests in seven other tracts. If they were consolidated, they would be the equivalent of 435 acres. It is evident from these facts that the granting of a patent in fee to Winnie Left Her Behind would be to her disadvantage, as it would lead to the dissipation of an asset which now is a source of permanent revenue. Even though small, this asset should be preserved for Winnie and her heirs. The report of the Senate Committee on Indian Affairs favoring the enactment of this bill (S. Rept. No. 881), contains certain statements which are based on an incorrect view of the facts. Apparently the Senate committee acted under the misapprehension that participation in the Rosebud Tribal Land Enterprise is compulsory. This is not the case, for participation is voluntary. Under the plan which is now in operation, individual Indians may convey their lands to the United States in trust for the tribe and accept in return certificates of interest in the Land Enterprise. These certificates are negotiable and are inheritable. The existence of the Land Enterprise is in no way a justification for issuing a fee patent. In all of the circumstances, I urge the Congress in this case not to overrule the departmental determination, made pursuant to existing statute, that the applicant has not demonstrated that she could successfully handle her business affairs. The Bureau of the Budget has advised me that the enactment of the proposed legislation would be contrary to the program of the President. Sincerely yours, ABE FORTAS, Acting Secretary of the Interior. [S. Rept. No. 881, 78th Cong., 2d sess.] The Committee on Indian Affairs, to whom was referred the bill (S. 1603) authorizing and directing the Secretary of the Interior to issue a patent in fee to the northeast quarter of section 25, township 42, range 31 east, of the Black Hills meridian, South Dakota, having considered same, report thereon with the recom mendation that it do pass without amendment. Winnie Left Her Behind is a Sioux Indian, 66 years of age, and is in poor health She made application for a patent in fee but the Secretary of the Interior has denied such application; therefore she is appealing to Congress for relief. The applicant, Winnie Left Her Behind, states that if a patent in fee is issued to her it is her intention to sell same and the proceeds to be used for the purpose of maintaining herself and family. If the so-called plan (Tribal Land Enterprise is adopted, the applicant should receive a stock certificate which would represent her interest in such enterprise. The applicant is opposed to such plan as such certificate would be of little or no value and would, in case of her death, deprive her heirs of any interest or share in said land. The committee is of the opinion that the Secretary of the Interior should be directed to issue to said Winnie Left Her Behind a patent in fee to the land de scribed in this bill. A copy of the Secretary of the Interior's report dated April 17, 1944, and a copy of a letter addressed to Peter Crow Head, signed by William Zimmerman, Jr., Assistant Commissioner of Indian Affairs, dated March 8, 1943, are attached hereto and made a part of this report, as follows: Hon. ELMER THOMAS, INTERIOR DEPARTMENT, Washington, D. C., April 17, 1944 Chairman, Committee on Indian Affairs, MY DEAR SENATOR THOMAS: Reference is made to your request for a report on S. 1602, a bill to authorize the issuance to Winnie Left Her Behind, also knowa as Winnie Left Behind, a Sioux Indian of the Rosebud Indian Reservation, of a patent in fee to the NE sec. 25, T. 42 N., R. 31 W. of the sixth principal meridian, South Dakota. For the reasons hereinafter stated, I recommend that the bill be not favorably considered. The above described land was allotted to Winnie Left Behind under allotment No. 3858, on February 1, 1912, in accordance with the provisions of the act of February 8, 1887 (24 Stat. 388), as amended. This tract is located adjacent to a consolidation area tentatively planned for use in the development of economic enterprises for members of the Rosebud Sioux Tribe. Most of the land in this area is Indian-owned. It is the established policy of this Department not to authorize the issuance of patents in fee covering lands located in areas that are for the most part Indian-owned except in cases of emergency. This policy is in harmony with the views of the governing tribal authorities of the Rosebud Sioux Indian Tribe which, in October 1943, in referring to the recommendation in Senate Report 310, to remove trustship of Indian lands, expressed itself as follows: "That this item recommends legislation be considered to eliminate Federal trust over individual lands in heirship status. The Rosebud Sioux Tribe desires to express alarm in such recommendation in that an arbitrary elimination of trust status of Indian lands will result in the destruction of economic development and planning of Indians and will eventually lead to the complete divestment of Indian ownership in land and dissipation of Indian resources. The tribe subscribes to a more flexible policy in permitting disposal of lands of aged and indigent members of the tribe in order to provide for their needs in their declining years.' The governing body of the Rosebud Sioux Tribe expressed the following with reference to reacquisition of lands for Indians: "The Rosebud Sioux Tribe, through its tribal council, wishes to emphasize that land is a primary asset for underprivileged people such as those of the Rosebud Sioux Tribe and, recognizing this fact, the Rosebud Sioux Tribe is now negotiating in its final steps, a plan consolidating Indian lands for better economic use of Indians to bring about some remedial measures affecting heirship lands and further infractionations through probate. The cessation of our land program will break down plans already made and in process of formulation and will tend to disappoint the hope of our tribe for further rehabilitation." On November 10, 1943, the allottee made application to the Commissioner of Indian Affairs for a patent in fee. On November 25, 1943, that Office advised the applicant that her request could not be approved. The application of Winnie Left Her Behind for a patent in fee covering her allotted land shows that she is a full-blood Indian, 46 years of age, that she has had no practical business experience, and that she and her husband have accumulated no property of any kind. Her husband has heretofore disposed of all his land interests through sale. The applicant and her husband live in an Indian community on the Rosebud Reservation. Her statements clearly show she is not entitled to a patent in fee under the act of May 8, 1906 (34 Stat. 182). In all probability if a patent in fee were issued to her it would result either in the land being lost through her failure to pay taxes, or sold and the proceeds of the sale of this capital asset being used, with the end result that the present source of income would be lost. I am advised by the Bureau of the Budget that there is no objection to the presentation of this report to the Congress. MY DEAR MR. CROW HEAD: This is in reference to your letter of February 1 concerning the visit of Superintendent Whitlock and the Rosebud delegation to this Office, and certain policies of the agency administration on the Rosebud Reservation. It is our understanding that Superintendent Whitlock and the Rosebud delegation are holding meetings in the various communities of the Rosebud Reservation to explain in detail the topics considered during the recent visit to this Office, particularly the proposed tribal land enterprise. It is also our information that the Rosebud Council will take further action upon the proposed land plan at its regular April session. It is suggested that you and other Indians of the Rosebud Reservation who have criticisms or objections to the proposed tribal land enterprise get in touch with your tribal representatives and give them your viewpoints as to this plan. One of the principal reasons that the Rosebud delegation came to Chicago was to discuss and have considered the Rosebud Tribal Land Enterprise, a plan prepared as a means of consolidating into tribal ownership as many of the fragmentary heirship interests in allotments as possible. This plan provides for the issuance of stock certificates to the owner of such land interests in the amount of the value of the interests conveyed to the enterprise. The holder of these stock certificates will, of course, receive dividends from the profits of the corporation Those tribal members, who hold minor interests in numerous allotments, wil be especially benefited since in many cases the lands so owned bring in little or ne revenue and have practically no value unless they are sold. In the past the sale of these complicated heirship lands has effected the gradual elimination of Indian ownership from lands which, under the stock certificate plan, can be put to use by the Indians in a beneficial manner. This plan will also permit these smal land interest holders whose interests are widely scattered to turn such land over to the tribe and take in lieu thereof tribal lands from which they can derive actual use benefits. Secondarily, this plan will reduce the time and cost of administering these estates to the extent that a more complete and satisfactory economic pro gram may be made on behalf of the Indians. We have no doubt but that wholehearted participation in this plan will result in use by the Indians of a large qua tity of land which, because of the tangled pattern of ownership, is now being used by non-Indians or not used at all. We should also like to point out that participation in the Tribal Land Enter prise is not mandatory, and unless the individual land owners are desirous of trading in their lands for dividend-paying stock certificates, they will not be com pelled to do so. The program has not yet gone into effect, since it is still unde consideration; however, because of its wide range of potential benefit the Offer has endorsed the plan. You complain that lease money is deposited in the bank and is not sent out the Indian lessees. When families have very small individual Indian mone incomes and require relief, this Office, in Indian Office circular dated August 7 1942, has suggested to the superintendents that the income from this source t given in equal monthly allotments in order that the Indian involved will assured support over a longer period of time. Old age assistance recipients under the social security program are not eligi for rations. This might explain why some older Indians have been refused ration while apparently younger persons in need have received them. You should refer any persons needing aid to the superintendent, who in turn will see that the soc worker investigates their needs and assists them in every way possible. Sincerely yours, Mr. FLANNAGAN, Jr., from the committee of conference, submitted the following CONFERENCE REPORT [To accompany H. R. 4911] The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 4911) to amend the Federal Crop Insurance Act, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its amendment numbered 11, and agree to the provision of the House bill amended to read as follows: Provided, That, after the crop year of 1949, not more than a sum equivalent to 25 per centum of the premiums collected in the preceding year (beginning calculation of premiums collected in the crop year of 1949) shall be used for administrative expenses in any current operating year.; and the House agree to the same. That the Senate recede from its amendment numbered 12, and agree to the provision of the House bill amended to read as follows: Provided, however, That, after the crop year of 1949, if the total amount of accumulated claims for losses on any agricultural commodity for any year exceeds the total amount of the premiums collected less the accumulated premium reserves of the Corporation with respect to any such commodity, (which reserves, after the crop year of 1948, shall not be less than 10 per centum of the premiums collected on such commodity), such claims shall be paid on a pro rata reduced basis.; and the House agree to the same. |