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

following

REPORT

[To accompany S. 3156]

The Committee on Indian Affairs, to whom was referred the bill (S. 3156) to provide for the final enrollment of the Indians of the Klamath Indian Reservation, in the State of Oregon, after full consideration, reports the same favorably and recommends the passage of the bill with the following amendments:

On page 1, line 8, beginning with the word "Such", strike out the language down to and including the word "Act," on page 2, line 6.

On page 2, line 25, strike out the word "funds" and substitute the word "property".

On page 3, line 5, beginning with the comma, strike out the language down to and including the word "notified," in line 17, and insert in lieu thereof the following: ". In case the duly elected business committee of the Klamath Indian Reservation shall question the right of enrollment under this act of any person, they may communicate their objection of such enrollment to the Secretary of the Interior, and no name shall be finally enrolled by said Secretary in such case until he has fully determined said objection."

On page 3, line 22, after "1910" insert the following: "but failed to receive an allotment of land".

On page 3, line 24, beginning with the word "and", strike out the language down to and including the comma in line 25, and insert in lieu thereof the following: "shall at his or her election receive an allotment of agricultural or grazing land if available, or".

On page 4, line 4, beginning with the word "In", strike out the language down to and including the word "Oregon", in line 7.

This bill is in keeping with the policy of Congress, by which, from time to time, final enrollment has been made of the various Indian tribes. It is especially important that a final enrollment should be

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made of the tribes on the Klamath Reservation, because there is, on this reservation, tribal property of very considerable value, worth not less than twenty-five to thirty million dollars. Timber is being sold from the timbered area resulting in an accumulation of funds available for distribution to the members of the tribe, and it is thought the interests are too important to be handled on a temporary roll.

The amendments in sections 1, 2, and 3 are chiefly for the purpose of giving full and complete authority to the Secretary of the Interior, such authority to be exercised without interference from the business committee of the Indians.

The amendments in section 4 are made at the suggestion of the Commissioner of Indian Affairs, and should be agreed to in order to clarify the language of that section.

The committee incorporates as part of this report three communications, two from the Secretary of the Interior and one from the Commissioner of Indian Affairs, as follows:

Hon. LYNN J. FRAZIER,

DEPARTMENT OF THE INTERIOR,
Washington, March 9, 1929.

Chairman Committee on Indian Affairs,

United States Senate.

MY DEAR SENATOR FRAZIER: This will refer further to your letter of February 11 transmitting, for report and recommendation, a copy of S. 5675 providing for the final enrollment of the Indians of the Klamath Reservation in the State of Oregon.

We consider it advisable that a final roll be made of the Indians of this reservation in accordance with the established policy of Congress, as in the case of the Osages and Five Civilized Tribes, in order to fix the number of shares into which the tribal property shall be ultimately divided, thereby obviating the complications which result from a roll that is constantly fluctuating by reason of successive births and deaths. However, several objections suggest themselves as to the bill in its present form. The provision beginning in line 8, at the bottom of page 1, to the effect that no names shall be placed on the roll without the approval of the tribal business committee or council, should be eliminated because, under the law, the Secretary of the Interior has the final administrative authority in such matters. The provision beginning in line 2, at the top of page 2, excluding Oklahoma Modocs unless they return to the Klamath Reservation is in conflict with the act of March 3, 1909 (36 Stat. L. 752), granting certain rights to Oklahoma Modocs then living. Unless it is the purpose of Congress to attempt to cut off the benefits conferred by this prior legislation, this provision of the proposed bill should be stricken out.

The first part of section 2 (lines 3 to 7 on p. 3) excluding enrolled members of other tribes is not necessary as this is now the established departmental practice under existing law and court decisions; and the remainder of this section is merely a repetition of the language in section 1 which requires the approval of the tribal business committee or council.

Section 3 providing that the business committee or tribal council shall transmit to the Secretary of the Interior a list of the members of the council involves only a matter of procedure which does not require legislative authority.

Under the circumstances it is recommended that all after the enacting clause be stricken out and the following substituted therefor:

"That the Secretary of the Interior be, and he is hereby, authorized and directed to prepare, as speedily as practicable and under such rules and regulations as he may prescribe, a complete roll of the Klamath, Modoc, and other Indians having rights on the Klamath Reservation in the State of Oregon and living on the date of this act; and no person born thereafter shall be entitled to enrollment. Upon completion and approval by the Secretary of the Interior such roll shall constitute the final membership of said tribes for the distribution of tribal funds or other property now existing or which may hereafter accrue and for all other

purposes.

"SEC. 2. Any names found by the Secretary of the Interior to have been placed on said roll through fraud or error may be stricken therefrom within

one year after such approval.

Upon such removal from the roll of the names of any persons holding trust pa.ents the Secretary of the Interior shall, after due notice and hearing, cancel said allotments and trust patents, whereupon the land shall become a part of the common tribal property. The Secretary of the Interior shall also have authority within a like period of time to make any corrections in said roll or to add any names thereto which may have been omitted through error or oversight, and no persons shall be enrolled thereafter except by act of Congress.

"SEC. 3. Any member of said tribes living on the date of the closing of the allotment roll in 1910 who, in the judgment of the Secretary of the Interior, was entitled to but failed to receive an allotment of land and every person born since that time whose name appears on the final roll herein authorized, in lieu of such an allotment, shall be paid the sum of $3,000 from Klamath tribal funds under such rules and regulations as the Secretary of the Interior may prescribe. "SEC. 4. The interest of any enrollee in the tribal property and the right to the payments provided by section 3 of this act may pass by will, as in the case of other trust or restricted property under existing law, in the absence of which said interest or right shall descend in accordance with the laws of descent and distribution of the State of Oregon except that if the descendent leaves no heirs his share shall revert to the common tribal property."

The title should be changed to read: "A bill authorizing a final roll of the Indians of the Klamath Reservation, Oreg."

If thus amended, it is recommended that the bill be given favorable consideration.

The Director of the Bureau of the Budget advises that this report is not in conflict with the President's financial program.

Very truly yours,

RAY LYMAN Wilbur.

THE SECRETARY OF THE INTERIOR,
Washington, February 17, 1930.

Hon. LYNN J. FRAZIER,

Chairman Committee on Indian Affairs,

United States Senate.

MY DEAR MR. CHAIRMAN: In response to your request for an opinion as to the merits of S. 3156, there is transmitted herewith a memorandum submitted by the Commissioner of Indian Affairs. After a review of the situation I am in agreement with Commissioner Rhoads in his adverse report upon the bill.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

Memorandum for the Secretary.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, February 13, 1930.

This will refer to S. 3156 providing for the final enrollment of the Indians of the Klamath Reservation in the State of Oregon.

The effect of making such a roll would be to fix the number of shares into which the tribal estate is divided, thereby excluding after-born children, and the heirs of deceased enrollees would receive the ancestors' shares upon final distribution of the property as well as in any intermediate payments that might be made.

The main capital estate of the Klamath Indians consists of tribal timber worth approximately $25,000,000. It would be unfair to thus cut off future generations from sharing in this tremendous tribal estate, which we believe should be administered in some way for the benefit of all the Klamath Indians until final distribution of the property. As to just how this result can be best accomplished I am not now in a position to say. It is a very complicated matter which will require the most careful and deliberate consideration from all angles. Various suggestions have been made involving the creation of a trust, the incorporation of the tribe, etc. All parties concerned should give the proposition comprehensive and thorough study and this will require considerable time.

In the meanwhile I consider it inadvisable to make a final roll of the tribe and therefore do not recommend the enactment of the bill.

C. J. RHOADS, Commissioner.

DEPARTMENT OF THE INTERIOR,
OFFICE OF INDIAN AFFAIRS,
Washington, May 14, 1930.

Hon. FREDERICK STEIWER,

United States Senate.

MY DEAR SENATOR: The receipt is acknowledged of your letter of May 7, relative to S. 3156, authorizing a final roll of the Indians of the Klamath Reservation. Section 4 provides that any member of the tribe living on the date of the closing of the allotment rolls in 1910 and every person born since that time whose name appears on the final roll and who, in the judgment of the Secretary of the Interior, was entitled to but failed to receive an allotment of land, shall be paid in lieu thereof the sum of $1,500 from the tribal fund. You request my opinion as to a suggested amendment which would give such an Indian the right at his election to receive either an allotment of land or the cash payment.

As you say, this language is too broad and might be considered as requiring the Secretary of the Interior to make allotments in such cases from the tribal timber reserve. It should be limited to agricultural and grazing lands, as indicated in the margin of the copy of the bill inclosed herewith. You also say that the subcommittee desires an explanation of the language "and who, in the judgment of the Secretary of the Interior, was entitled to but failed to receive an allotment of land." In the bill this clause applies to both classes of beneficiaries—(1) members of the tribe living on the date of the closing of the allotment rolls and (2) every person born since that time whose name appears on the final roll.

The allotment rolls on this reservation were closed on April 15, 1910. Apparently the first part of the section is intended to provide for members of the tribe living at that time and entitled to an allotment of land but whose names were erroneously omitted from the rolls. Hence, as to them, the language "and who, in the judgment of the Secretary of the Interior, was entitled to an allotment of land" is not necessary because if they were members of the tribe living on that date this entitled them to an allotment of land.

The second part would bring in after-born children. Both this department and the courts have held that when an allotment roll is closed it is final and conclusive and that allotments can not be made to after-born children without the specific authority of Congress; that is, in effect, such children are not entitled to allotments without further legislation to this end. Accordingly the language "and who in the judgment of the Secretary of the Interior was entitled to an allotment of land" does not properly apply to such children. Therefore, as it is not appropriate in either case, such language should be eliminated from the bill, beginning with the word "and", in line 23, and ending with the word "land". in line 25 on page 3. This will make it necessary to insert, after the figure "1910", in line 22, the clause "but failed to receive an allotment of land." The words "allotment or" should be inserted after the word "such", in line 5 on page 4.

Although carried on the Klamath roll, Oklahoma Modocs must return to the reservation to receive an allotment. Hence they should not have the election to demand cash so long as they remain away. Accordingly the language "except nonresident Modocs" should be inserted after the word "authorized", in line 23 on page 3. In its present form the bill applies only to the Klamath and Modoc Tribes and the Yahooskin Band of Snake Indians. Other Indians have tribal rights on the Klamath Reservation. Accordingly the words "and other Indians" should be inserted after the word "Indians", in line 7 on page 1, in line 8 on page 2, and in line 19 on page 3. The indicated changes would make section 4 read as follows:

"Any member of the Klamath or Modoc Tribes or the Yahooskin Band of Snake Indians and other Indians belonging to the Klamath Indian Reservation in the State of Oregon who was living on the date of the closing of the allotment rolls in 1910 but failed to receive an allotment of land and every person born since that date whose name appears on the final roll herein authorized, except nonresident Modocs, shall, at his or her election, receive an allotment of agricultural or grazing land, if available, or shall be paid in lieu thereof the sum of $1,500," etc.

Sincerely yours,

Approved May 14, 1930.

C. J. RHOADS, Commissioner.

Jos. M. DIXON, First Assistant Secretary.

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

following

REPORT

[To accompany S. 2231]

The Committee on Indian Affairs, to whom was referred the bill (S. 2231) to reserve certain lands on the public domain in Arizona for the use and benefit of the Papago Indians, and for other purposes, having considered the same, report favorably thereon with a recommendation that the bill do pass with the following amendments:

On page 1, line 3, after the words "undisposed of", and before the word "lands", insert the word "public".

On page 1, line 9, strike out the words "townships 14 and".

On page 2, line 1, strike out "15 south, range 4 west", and substitute therefor "township 14 south, range 4 west, townships 12, 13, 14, 15, and 16 south, range 7 east, townships 14, 15, and 16 south, range 6 east, and townships 14 and 15 south, range 8 east".

On page 2, line 5, change the colon to a comma and insert: "whenever all privately owned lands within said addition have been purchased and acquired as hereinafter authorized".

On page 2, line 12, strike out all of section 2 and all of section 2 on page 3 and insert the following:

SEC. 2. There is hereby authorized to be appropriated, from any funds in the Treasury of the United States not otherwise appropriated, the sum of $165,000, or so much thereof as may be necessary, to be used by the Secretary of the Interior in his discretion in the purchase and acquiring of title to certain privately owned lands, improvements and equipment located within the area described in section 1 hereof: Provided, That in the event title to any privately owned land is acquired by purchase, the land so purchased shall become part of the Papago Indian Reservation: And provided further, That the State of Arizona may relinquish such tracts within the townships referred to in section 1 of this act, as it may see fit, in favor of the Papago Indians, and shall have the right to select other unreserved and nonmineral public lands within the State of Arizona equal in area to that relinquished, said lieu selections to be made in the same manner as is provided for in the enabling act of June 20, 1910. (36 Stat. L. 557.)

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