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one year after such approval. Upon such removal from the roll of the names of any persons holding trust pacents 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.

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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.

DEPARTMENT OF THE INTERIOR,

OFFICE OF INDIAN AFFAIRS,

Washington, February 13, 1930. Memorandum for the Secretary.

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,

C. J. RHOADS, Commissioner. Approved May 14, 1930.

Jos. M. Dixon,

First Assistant Secretary. O

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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 í, 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”.

6 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.)

This bill has the recommendation of the Secretary of the Interior, as set forth in the following letters, which are appended hereto and made a part of this report:

DEPARTMENT OF THE INTERIOR,

Washington, March 8, 1930. Hon. LYNN J. FRAZIER, Chairman Committee on Indian Affairs,

United States Senate. My Dear Mr. CHAIRMAN: Further reference is made to your request of December 5, 1929, for a report on S. 2231, to reserve certain lands on the public domain in Arizona for the use and benefit of the Papago Indians. I transmit herewith a memorandum from the Commissioner of Indian Affairs. After a review of the proposed measure, I agree with Commissioner Rhoads. Very truly yours,

RAY LYMAN WILBUR, Secretary.

January 25, 1930. Memorandum for the Secretary.

This is in reference to S. 2231, a bill to reserve certain lands on the public domain in Arizona for the use and benefit of the Papago Indians, and for other purposes.

The Papagos are nontreaty Indians, consisting of 3,990 adults and 1,300 children, making a total of 5,290 Indians, who depend entirely upon cattle raising for their occupation and means of obtaining a livelihood.

Originally, their reservation was established by Executive order of January 14, 1916. However, it was found that a strip about 6 miles wide running generally east and west through the entire reservation thus created, had been applied for by the State of Arizona under its school land grants prior to the creation of the reservation; also a number of white people had initiated valid rights to certain tracts within the strip under the public land laws.

Consequently, by Executive order of February 1, 1917, the above referred to Executive Order was revoked and the then existing reservation was revised so that the “6-mile strip” was eliminated therefrom, leaving a reservation for the Indians consisting of 3 separate tracts, 2 large and 1 small, which are inadequate for the needs of the Indians in connection with ranging their cattle. The two large tracts are separated from each other by the above referred to "6-mile strip” and the small tract is separated by the privately owned Santa Rosa Ranch and some public land.

The purpose of the proposed legislation is to return to the Indians such portions of the “strip” as may be possible, through relinquishment by the State of its holdings; the acquisition of the remaining public land in the strip, and adjacent to the Santa Rosa Ranch, and the purchase of certain privately owned land located within the strip. It is also proposed to acquire the privately owned land adjacent to the reservation on the east, known as the Santa Rosa Ranch, in order to round out the reservation.

The Papago Indians have, since the creation of the present reservation in 1917, been insistent that the so-called 6-mile strip be closed up and made a part of the reservation, and have also manifested a strong desire to have the privately owned Santa Rosa Ranch acquired as part of the reservation, together with the adjoining public land. The attached map shows how the three tracts composing the present reservation are related to each other with respect to distance and location.

During the past few years negotiations were entered into tentatively by the superintendent with several of the private landowners whereby their lands, buildings, and other improvements and equipment were valued and appraised at a total figure of $165,000, representing the value of the privately owned property actually needed to help place the Indian land holdings contiguously.

Section 1 of the bill contemplates reserving all the vacant, unreserved, and undisposed of public lands within the “strip” and in certain townships adjacent to the reservation and the Santa Rosa Ranch on the east for the use and occupancy of the Papago Indians, and will, in effect, constitute an addition to the present reservation.

However, according to correspondence received from the superintendent, the vacant public lands in township 15 south, range 4 west are not wanted, but the vacant undisposed of lande p certain othe townships described below are desired by the Indians. Therefore, section 1 of the bill should be amended to meet the desires of the Indians as follows:

Strike out, on page 1, line 9, the words “townships 14 and", and on page 2 line 1, strike out'“15 south, range 4 west”, and substitute therefor "township 14 south, range 4 west,” and add immediately thereafter the following: “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".

It is further suggested that the word "public" be inserted on page 1, line 3, immediately after the word “of”.

Section 2 of the bill contemplates an appropriation of $165,000, or so much thereof as may be necessary, to be used by the Secretary of the Interior in the purchase and acquisition of title to certain lands, improvements and equipment now owned or held by certain specified individuals and other persons located adjacent to the present reservation. The lands and improvements involved are within the “6-mile strip”, and also include the so-called Santa Rosa ranch. The effect of this proposed appropriation and the acquisition of the privately owned lands within the strip and also the Santa Rosa ranch will tend to coordinate the three tracts composing the reservation and will work to the benefit of the Indians, in that they will be enabled to range their stock over the entire reservation without trespassing upon privately owned lands, and will operate to put an end to the encroachment by the white cattle owners on Indian reservation land.

Section 2 also contemplates that the State of Arizona will relinquish its holdings within the “6-mile strip” in favor of the Indians and select in lieu thereof other tracts of public land. However, no provision has been made in the bill to allow the State to make the required relinquishments and lieu selections.

In connection with the sum of money required for the purchase of the privately owned lands, as referred to in section 2 of the bill, it is believed that instead of specifying any specific property to be purchased, the appropriation should be of a general nature to be expended in the discretion of the Secretary of the Interior.

It is also believed that section 2 of the bill should be further revised to the extent of providing authority for the State to relinquish its holdings within the “6-mile strip” and at the same time grant the State authority to select other land in lieu thereof.

It is therefore recommended that section 2 be entirely eliminated and rewritten, as follows:

"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 adjacent to the present Papago Reservation: 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.)

I therefore recommend that the bill be revised as suggested and enacted into law, as obviously it will be greatly beneficial to the Papago Indians.

C. J. RHOADS, Commissioner.

APRIL 24, 1930. Hon. Carl HAYDEN,

United States Senate. MY DEAR SENATOR HAYDEN: This is in reference to your letter dated April 18, 1930, addressed to the Commissioner of Indian Affairs relative to S. 2231, a bill "to reserve certain lands on the public domain in Arizona, for the use and benefit of the Papago Indians, and for other purposes.”

The excerpt taken from the letter which you recently received from Mr. John H. Page of Phoenix, Ariz., as quoted in your letter has been carefully considered and in view thereof this department would not object to amending the bill so as to protect the equities of the private land owners within the area involved in section 1 of the bill.

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