718T CONGRESS 2d Session } SENATE { REPORT No. 725 AUTHORIZING UINTAH, UNCOMPAHGRE, AND WHITE RIVER BANDS OF UTE INDIANS TO SUE IN COURT OF CLAIMS MAY 26, 1930.-Ordered to be printed Mr. KENDRICK, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 615] The Committee on Indian Affairs, to whom was referred the bill (S. 615) authorizing the Uintah, Uncompahgre, and the White River Bands of the Ute Indians in Utah and Colorado to sue in the Court of Claims, having considered the same, report favorably thereon with a recommendation that the bill do pass as a substitute bill as follows: Strike out all after the enacting clause and insert the following: That there is hereby authorized to be appropriated the sum of $1,262,500 for payment, at the rate of $1.25 per acre, to the Uintah, White River, and Uncompahgre Bands of Ute Indians in the State of Utah for one million, ten thousand acres of land belonging to such Indians which were withdrawn from entry and sale by an Executive order dated July 14, 1905, and included within the Uintah National Forest. Such sum shall be in full satisfaction of all claims of said Indians against the United States with respect to such lands and shall, when appropriated, be apportioned by the Secretary of the Interior among the said bands of Indians in such amounts as in his opinion the interests of said bands require. The amounts so apportioned, less the amount of the attorneys' fees determined as provided in section 2, shall be credited to such bands on the books of the Treasury Department, shall bear interest at the rate of 4 per centum per annum and shall be disposed of in the same manner as now or hereafter provided by law for the disposition of other funds belonging to said Indians. SEC. 2. The Secretary of the Interior is authorized to determine and pay to the attorney or attorneys employed by said bands of Indians in preparing and prosecuting their claims for payment for such lands, a reasonable fee, not to exceed 10 per centum of the sum herein authorized to be appropriated, for actual services rendered and necessary expenses incurred by said attorney or attorneys in connection with said claims. Payment for all attorneys' fees determined as herein provided shall be paid out of the moneys appropriated pursuant to this act. The report of the subcommittee appointed to consider S. 615 is appended hereto and made a part of this report and also the report of the Secretary of the Interior. To Senator FRAZIER, Chairman. DEAR MR. CHAIRMAN: Your subcommittee appointed to consider S. 615, after full hearing of all available testimony, beg leave to report our findings as follows: By Executive order dated July 14, 1905, the Secretary of the Interior set aside 1,010,000 acres of land belonging to the Uintah, White River, and Uncompahgre Bands of Ute Indians in the State of Utah and dedicated the same as a national forest. We quote the following from the law in pursuance of which the Executive order was made: "That before the opening of the Uintah Indian Reservation the President is hereby authorized to set apart and reserve as an addition to the Uintah forest reserve, subject to the laws, rules, and regulations governing forest reserves, and subject to the mineral rights granted by the act of Congress of May 27, 1902, such portion of the lands within the Uintah Indian Reservation as he considers necessary, and he may also set apart and reserve any reservoir site or other lands necessary to conserve and protect the water supply for the Indians, or for general agricultural development, and may confirm such rights to water thereon as have already accrued." Further: "Provided, That the proceeds from any timber on such addition as may with safety be sold prior to June 30, 1920, shall be paid to said Indians in accordance with the provisions of the act opening the reservation." In the record as submitted to your committee no showing is made as to payment to the Indians, in whole or in part for the lands thus withdrawn and set aside. From the date of the withdrawal until the present time the Government has administered these lands as national forest, and, according to the testimony, has sold or authorized the sale of large amounts of merchantable timber, the aggregate returns from which are considerable. The testimony shows further that the Government has proceeded to make annual leases on these lands for grazing purposes, and from this source there appears to have been a return of over $855,000 for the fiscal years 1906 to 1929, inclusive. In connection with these incomes no information was submitted to your committee indicating that any part of the money derived from the administration of this forest has been paid to the Indians. Our hearing also disclosed the fact that since this territory was set aside as a forest, the waters of streams originating in the forest have been diverted in the lower levels of the river for the reclamation of large tracts of land for agricultural purposes. Further that the larger acreage of these lands is now held and owned by white settlers and the lesser portion by Indians. This fact would seem to indicate an increased necessity for maintaining this territory as a forest in the interest of both white and Indian settlement. We quote the following from an adverse report on S. 615, sent to the chairman from the Secretary of the Interior on April 10, 1930: "I have to inform you that the Director of the Budget reports that Senate bill 615 would not be in accord with the financial program of the President, but that legislation which would restore these lands to Indian ownership and place them in an Indian forest reserve would be in accord with his financial program." In the light of the testimony submitted your committee does not believe that the Indians would favor or willingly approve a return of these lands after they have been segregated from their control for a period of 25 years. Neither does your committee believe that the administration of this Uintah National Forest under two separate departments of our Government would conduce to either efficiency, economy, or satisfactory administration of this forest. Nor do we believe the return of the forest would be either fair to the Indians, satisfactory to the white settlers in the adjoining territory, or in a larger sense would it be in the public interest to make such return of these lands. Your committee therefore recommend that suitable legislation be enacted that will provide for compensation to these Indians of $1.25 per acre for the 1,010,000 acres withdrawn from their tribal lands and dedicated to the use of the national forest. FREDERICK STEIWER. JOHN B. KENDRICK, Chairman. Hon. LYNN J. FRAZIER, DEPARTMENT OF THE INTERIOR, Chairman Committee on Indian Affairs, United States Senate. MY DEAR MR. CHAIRMAN: Further reference is made to your request for report on Senate bill 615, which would authorize the Uintah Uncompahgre, and White River Bands of Ute Indians to bring suit in the Court of Claims. One of the principal claims to be filed under this bill would be for payment to the Indians for 1,010,000 acres of their reservation lands in Utah which were withdrawn from entry and sale and included within the Uintah National Forest. I have to inform you that the Director of the Bureau of the Budget reports that Senate bill 615 would not be in accord with the financial program of the President, but that legislation which would restore these lands to Indian ownership and place them in an Indian forest reserve would be in accord with his financial program. Very truly yours, RAY LYMAN WILBUR, Secretary. O Mr. DALE, from the Committee on Commerce, submitted the following REPORT [To accompany H. R. 11228] The Committee on Commerce, to whom was referred the bill (H. R. 11228) granting the consent of Congress to the State of Illinois to construct a bridge across the Rock River south of Moline, Ill., having considered the same, report favorably thereon, and recommend that the bill do pass without amendment. The bill has the approval of the Departments of War and Agriculture, as will appear by the annexed House Report No. 1173, which is made a part of this report. [House Report No. 1173, Seventy-first Congress, second session] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 11228) granting the consent of Congress to the State of Illinois to construct a bridge across the Rock River south of Moline, Ill., having considered and amended the same, report thereon with a recommendation that it pass. Amend the bill as follows: Line 4, after the words "operate a", insert the words "free highway". The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached. WAR DEPARTMENT, April 7, 1930. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives. So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration of the accompanying bill (H. R. 11228, 71st Cong. 2d sess.) granting the consent of Congress to the State of Illinois to construct a bridge across the Rock River south of Moline, Ill. F. TRUBEE DAVISON, |