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for which further compensation is claimed aggregates approximately 5,224,346

may be here stated that the Choctaw and Chickasaw Nations claim, in a suit instituted by them against the United States in the Court of Claims under the act of June 7, 1924 (43 Stat. L. 537), that, of the $300,000 consideration for the cession of the leased district (art. 3 of the treaty of 1866), the sum of $85,000 is still unpaid and due them. Under said act of June 7, 1924, the Chickasaw Nation has brought suit against the United States in the Court of Claims to compensation for that part of the leased district known as Greer County. These cases under the act of June 7, 1924, are pending in the Court of Claims.

As hereinbefore stated, the above-mentioned decision of December 10, 1900, of the Supreme Court in the case of the Choctaw and Chickasaw Nations v. the United States et al. (179 U. S. 494), bars said Indian nations from any legal claim to further compensation for the land within the leased district ceded to the United States by the treaty of 1866. As stated by the Supreme Court, if wrong was done the Indians by the treaty of 1866 and they were not fairly dealt with in the matter of the cession of the leased district, the wrong done or unfair dealing is a matter for reparation by Congress.

However, should Congress consider favorably this legislation, the portion of the leased district upon which the Cheyennes and Arapahoes were settled and for which the Choctaw and Chickasaw Nations were fully compensated as above indicated should not be included within the terms of the bill, and it is therefore suggested that section 1 of S. 3165 be modified to read as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Court of Claims is hereby authorized and directed to hear and consider the claims of the Choctaw and Chickasaw Indian Nations that they have never received fair and just compensation for the remainder of their ‘leased district' land acquired by the United States under article 3 of the treaty of 1866 (14 Stats. L. p. 769), not including the Cheyenne and Arapahoe lands for which compensation was made to the Choctaw and Chickasaw Nations by the act of Congress approved March 3, 1891 (26 Stat. L., p. 989), and to report its findings to Congress notwithstanding the lapse of time or the statute of limitations and irrespective of any former adjudication upon title and ownership, as to whether the consideration paid or agreed to be paid for said remainder of said lands was fair and just, and if not, whether the United States should pay to the Choctaw and Chickasaw Nations additional compensation therefor, and if so, what amount should be so paid, taking into consideration the circumstances and conditions under which said lands were acquired, the purposes for which they were used, and the final disposition thereof.''

C. J. RHOADS, Commissioner.

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Arkansas) River

Tract 7 Exceeding 6,589,000 a.

Fort Smith

Geded to Spain, 1821,

by U. S. Relinquished by

Choctaws in 1855.

Tra&t
Tract 5, Cheyenne 4,

& Arapahoes, Wichita
2,489,159 a. 743,610

Canadian River
Tract
6
Tract 3,

Tract 2,
Greer Co., Kiowas, Comanche 3, 4,650,000 a.
4,511,958 & Apaches,

2,968,893 a. Chickas@w Nation.

Arkansas

Tract 1, 6,888,000 a.

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Choctaw Nation

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(Taken in part from S. Doc. 146, 56th Cong., 1st sess.) Tracts 1 to 7, inclusive, ceded to Choctaws by United States in 1820 in exchange for their lands in Mississippi.

1, present Choctaw Nation.
Tract 2, present Chickasaw Nation.
Tracts 3, 1, 5, and 6, leased in 1855 and ceded in 1866 to United States.
Tract 7, ceded to Spain 1821 by United States without consent of Choctaws and relinquished by Choctaws to United States in 1855.
Tracts 3, 4, 5, and 6, original leased district referred to in 1855 treaty.
Tract 5, for which Choctaws and Chickasaws received payment in 1893.
Tracts 3, 4, and 6, present leased district, for which Choctaws and Chickasaws are now asking payment.

Calendar No. 662
}

SENATE

71st CONGRESS

2d Session 5

{

REPORT No. 654

CONSTRUCTION OF MICHAUD DIVISION OF FORT HALL

INDIAN IRRIGATION PROJECT

May 15, 1930.--Ordered to be printed

Mr. FRAZIER, from the Committee on Indian Affairs, submitted the

following

REPORT

(To accompany S. 3938)

(6

The Committee on Indian Affairs, to whom was referred the bill (S. 3938) authorizing the construction of the Michaud division of the Fort Hall Indian irrigation project, Idaho, an appropriation therefor, and the completion of the project, and for other purposes, having considered the same, report favorably thereon with a recommendation that the bill do pass with the following amendments:

Page 3, line 9, after the figures “362,500" insert the words "or so much thereof as may be required".

Page 4, line 18, after the word "grazing" insert the words "or agricultural”; line 22, after the word "grazing" insert the words "or agricultural”.

Page 5, line 1, after the word “grazing” insert the words "or agricultural”.

The facts are set forth in the report of the House Committee on Indian Affairs (H. Rept. No. 1393, 71st Cong., 2d sess.) on an identical bill (H. R. 10880), a part of which is appended hereto and made a part of this report:

This measure, if enacted into law, will authorize the completion of the Fort Hall irrigation project in southeastern Idaho, which will aggregate 90,000 acres when completed-50,000 under the Fort Hall division, 10,000 under the Gibson division, and 30,000 under the proposed Michaud division. This land, most of which has been allotted to the Indians, is arid in character and only by irrigation can the land be successfully cultivated. There are 1,776 Indians on the Fort Hall Indian Reservation, and slightly over a thousand have been allotted lands in severalty, leaving approximately 700 Indians who have not yet received allotments.

Water was placed upon a portion of the land under the act of August 5, 1894. Under the act of June 21, 1906, $350,000 was appropriated to extend the irrigated section. Under the act of May 24, 1922, an appropriation of $760,000 was authorized to rehabilitate the irrigation works and provide for the irrigation of

SR-71-2-VOL 231

additional land. Under the act of March 3, 1927, $145,000 was authorized to be spent in completing the Gibson unit of 10,000 acres, and the pending legislation provides for placing water upon the remainder of the irrigable land, known as the Michaud division, containing 30,091 acres.

The Indians owning these allotted lands receive no benefit whatever under existing conditions, and as ample water is available and over one-third of the Indians have not been alloted lands, it is important that water be placed on these lands in order that they may be made productive and encourage the Indians to be self-supporting. The lands in white ownership, of which there are about 8,000 acres, are required to pay $7.50 per acre-foot for water and in addition pay their proportionate share of the construction cost of the project. All the money expended in connection with the completion of the project is reimbursable, but the Indians are not required to pay for the water right on 20 acres in each allotment, so long as they retain ownership. The bill provides that the income from any of the Indian lands which may be leased shall be turned into the Federal Treasury and credited to the construction charge.

This bill has the recommendation of the Secretary of the Interior, as set forth in the following letter, also, the recommendation of the Commissioner of Indian Affairs as set forth in his memorandum, both of which are appended hereto and made a part of this report:

DEPARTMENT OF THE INTERIOR,

Washington, April 22, 1980. Hon. LYNN J. FRAZIER, Chairman Committee on Indian Affairs,

United States Senate. MY DEAR MR. CHAIRMAN: In response to your request of March_18 for a report on S. 3938, authorizing construction of Michaud division of the Fort Hall Indian irrigation project, there is transmitted herewith a memorandum on the subject from the Commissioner of Indian Affairs. After a review of the proposed measure, I agree with the commissioner. Very truly yours,

Ray LYMAN WILBUR, Secretary.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,

Washington, April 3, 1930. Memorandum for the Secretary.

This is in reference to a communication dated March 18, 1930, by Hon. Lynn J. Frazier, transmitting for report a copy of S. 3938, being a bill which if enacted into law would authorize the completion of the Fort Hall irrigation project by constructing the Michaud division thereof, and adjusting matters on the present Fort Hall and Gibson divisions of the project.

The Fort Hall Indian Reservation, in southeastern Idaho, was established pursuant to treaties made at Fort Bridger July 2 and July 30, 1863, between the United States, the Shoshone and Bannock Indians. There are now 1,776 Indians on this reservation. The original area of this reservation approximated 1,800,000 acres, most of which was hilly or mountainous. The present reservation embraces approximately 420,000 acres, of which area there are 60,000 acres under the Fort Hall project, 50,000 acres under the Fort Hall division, and 10,000 acres under the Gibson division, with an additional 30,000 acres under the proposed Michaud division, making a total of 90,000 acres in the project. This land is in the semiarid region where irrigation is necessary for the successful raising of crops. Congress as early as August 5, 1894 (28 Stat. 305), authorized the Secretary of the Interior to contract the construction of irrigation canals and the acquisition of a water supply for lands of the Fort Hall Indian Reservation. Pursuant to this legislation the first irrigation work was undertaken on the reservation by the construction of about 5 miles of canal from the Blackfoot River to serve about 400 acres of Indian land in the northern part of what is now the present Fort Hall division of the project. This work was done in May, 1895, at a cost of about $17,000. The same year a contract was made with the Idaho Canal Co., a local corporation, to supply water from the Snake River for additional Indian lands. This company in 1896 built a canal now known as the Idaho, or reservation canal, from the Snake River, near Shelley, to the Blackfoot River, and in 1897 another canal was built from the Blackfoot River to Ross Fork Creek. The Idaho Canal Co. was never able to satisfactorily fulfill its contract to deliver the quantity of water to the Indian lands. Finally, in 1908, the Idaho, or reservation canal, with its decreed water rights of 600 second-feet, was purchased from the company by the Government. This supply of water with its priority of December 14, 1891, was inadequate to provide the Indian lands with proper irrigation facilities.

Congress by the act of June 21, 1906 (34 Stat. 334), appropriated funds for preparation of surveys and plans for a storage and irrigation system for the Indian lands and former Indian lands on the ceded portion of the reservation. A report in pursuance thereto was submitted, and, in pursuance thereto, Congress by the act of March 1, 1907 (34 Stat. 1024), appropriated $350,000 for work on the project and authorized the sale of water rights for lands in private ownership, the lands in private ownership being those in the ceded portion of the reservation consisting of about 12,000 acres. From time to time Congress appropriated additional funds for carrying on the work until at the close of the fiscal year 1922 approximately $847,000 had been spent in constructing an irrigation project on the reservation. The total irrigable area at that time was estimated at 50,000 acres, but only approximately 30,000 acres were susceptible of irrigation under this project as then existing and from the water supply as then developed. Reports show that attempt to increase the cultivated area was discouraged owing to the impossibility of satisfactorily serving same with the water that had been developed and the inadequacy of the existing works. These conditions led to enactment by Congress of the act of May 24, 1922 (42 Stat. 568), authorizing an appropriation of $760,000 for the rehabilitation of the then existing works in pursuance to a report of September 17, 1921, by a board of engineers that had been appointed to investigate the conditions. This estimate did not include the repair or rebuilding of the Tyhee siphon which has been unsatisfactory for a considerable period of time. Nor did it include the correction of the sinuous channel of the Blackfoot River through which the stored waters of the Blackfoot Reservoir are carried from that reservoir to the Indian heading in the Blackfoot River.

In pursuance to this act the lands in private ownership were required to execute contracts to repay their proportionate share of the work. These contracts were duly executed and work carried on under subsequent appropriations and completed to the extent that the funds available would permit, in September, 1927. The work accomplished made susceptible to irrigation the total Fort Hall division of the project, amounting to 50,330 acres, an increase from 30,000 acres.

As a part of the rehabilitation work provided for by the act of May 24, 1922, it was found necessary and advisable to abandon the greater part of the original Fort Hall main canal extending from the Blackfoot River to the south end of the project near the city of Pocatello, and to build a new canal of adequate size on a more satisfactory location and grade. Since this canal occupies the only feasible route by which water can ever be conveyed to the Michaud division of the project lying to the south and west of the present and existing limits of the irrigation development, it was considered as a matter of economy to build at a single operation the Fort Hall main canal to sufficient capacity to serve the proposed Michaud division as well as the present or existing Fort Hall division of the project, thus obviating the necessity of future enlargement of the canal and structures at a cost of more than probably twice the expense involved in providing carriage capacity to the Michaud lands if done as a part of the first construction rather than deferring such enlargement until the time the Michaud division was undertaken and constructed.

About that time the Reclamation Bureau of the Interior Department was negotiating for the acquiring of approximately 30,000 acres of lands of the Fort Hall Reservation principally in tribal ownership commonly known as the Fort Hall Bottoms for use in providing facilities for the American Falls Reservoir by reason of the construction of the American Falls Dam. This project does not benefit nor serve any lands on the Fort Hall Indian Reservation. The matter was adjusted by the act of May 9, 1924 (43 Stat. 117–118). This act authorized an appropriation of $700,000 to be deposited in the Treasury of the United States to the credit of the Fort Hall Indians to draw interest at the rate of 4 per cent per annum. Section 5 of the act authorized the use of not to exceed $100,000 of this fund for use in relocating, enlarging, and reconstructing the main canal of the Fort Hall irrigation project to provide irrigation facilities for Indian lands situated in the Michaud division of the Fort Hall Reservation. The delegation of Indians

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