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Whereas this legislature finds it necessary to hereby indicate its desire and set forth a policy necessary in order to achieve a stronger unity for the protection of the interest and welfare of such Indian tribes: Now, therefore, be it Resolved by the house of representatives, the senate concurring, That in the event the Congress of the United States shall provide such legislation and the Alabama and Coushatta Indian Tribes shall indicate their consent by appropriate resolution, the Governor is hereby authorized to accept on behalf of the State a transfer of the trust responsibilities of the United States respecting the lands and other assets of the Alabama and Coushatta Indian Tribes; and, be it further

Resolved, That the Governor is authorized to designate the State agency in which such trust responsibilities shall rest, and the agency so designated shall have authority to promulgate rules and regulations for the administration of the trust and the protection of the beneficial interest of the Indians in such lands and other assets.

The enactment of S. 2744 will provide the means for affectuating the proposals made by the State of Texas and concurred in by the Alabama and Coushatta Tribes.

The Subcommittees on Indian Affairs of the Senate and House on Interior and Insular Affairs conducted joint hearings on this bill (S. 2744) and similar House bills (H. R. 6282 and H. R. 6547). Witnesses were present at the hearings on these bills, who appeared for and in behalf of the Department of the Interior, from the Washington office and from the field, as well as persons and welfare organizations purporting to represent the Indians.

The Secretary of the Interior, in compliance with the provisions of House Concurrent Resolution 108, of the 83d Congress, 1st session, under date of January 4, 1954, submitted his recommendations and report to the Honorable Richard M. Nixon, Vice President of the United States and President of the Senate, recommending such legislation as, in his judgment, would be necessary to free the Indians in the State of Texas from Federal supervision.

A copy of the said communication, dated January 4, 1954, addressed to the President of the Senate, a copy of the supplementary report on S. 2744, submitted by the Secretary of the Interior to the chairman of your committee, and a copy of the report of the Director of the Bureau of the Budget, dated March 8, 1954, are hereto attached and made a part of this report, as follows:

Hon. RICHARD M. NIXON,

DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington 25, D. C., January 4, 1954.

President of the Senate, Washington 25, D. C.

MY DEAR MR. PRESIDENT: Reference is made to the request contained in House Concurrent Resolution 108 for a report to the Congress of recommendations for such legislation as may be necessary to free the Indians in the State of Texas from Federal supervision and control and from all disabilities and limitations specially applicable to Indians.

The recommendations of this Department are contained in a report on H. R. 6282 which is pending in the House of Representatives. A copy of the report addressed to the chairman of the House Committee on Interior and Insular Affairs is enclosed. We believe that the enactment of the bill if amended as we suggested in our report will accomplish the purposes of House Concurrent Resolution 108. Because of the request that the views of this Department be submitted not later than January 1, 1954, this report has not been cleared through the Bureau of the Budget, and, therefore, no commitment can be made concerning the relationship of the views expressed herein to the program of the President.

Sincerely yours,

ORME LEWIS, Assistant Secretary of the Interior.

Hon. A. L. MILLER,

DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington 25, D. C., January 4, 1954.

Chairman, Committee on Interior and Insular Affairs,

House of Representatives, Washington 25, D. C.

MY DEAR MR. MILLER: Reference is made to your request for a report on H. R. 6282, a bill to terminate Federal trust responsibility to the Alabama and Coushatta Tribes of Indians of Texas, and for other purposes.

We recommend that this bill be enacted with the perfecting and clarifying amendments hereinafter explained.

The Alabama and Coushatta Tribes of Texas are a group of Indians organized under that name pursuant to the act of June 18, 1934 (48 Stat. 984), and constitute a single tribe. This group is the only tribe of Indians in Texas for which the Federal Government holds a trusteeship responsibility. We believe that the enactment of H. R. 6282 with the amendments here suggested would carry out the sense of Congress, as expressed in House Concurrent Resolution 108, concerning the termination of Federal supervision and control over the Indian tribes and individual members thereof located within the State of Texas. This bill is also in accord with the policy of this Department for a termination of Federal supervision and control over the affairs of an Indian tribe and its members whenever feasible-in this case now.

The bill authorizes the Secretary of the Interior to convey the lands held in trust by the United States for the Alabama and Coushatta Tribes of Indians to the State of Texas to be held in trust for this tribe. It provides for the issuance of a proclamation at the time of such conveyance declaring terminated the Federal trust relationship to these Indians, and provides that from that date on they will not be entitled to services from the United States because of their status as Indians. H. R. 6282 also provides for the termination of the supervisory powers of the Secretary of the Interior over the conduct of tribal affairs under the constitution of the tribe, and for the revocation of the corporate charter issued to the tribe by the Secretary. The bill also provides for the cancellation of the reimbursable indebtedness of the tribe to the United States. This indebtedness is in the amount of $39,278.66, and could be collected only by selling the tribal land. Finally, the bill provides that from the date of the proclamation all statutes of the United States which affect Indians because of their status as Indians shall no longer be applicable to the Indians of the Alabama and Coushatta Tribes of Texas, and that the laws of the State of Texas shall apply to them in the same manner as these laws apply to all other citizens of the State of Texas.

The Alabama and Coushatta Tribes of Texas are organized under the Indian Reorganization Act of June 18, 1934 (48 Stat. 984) as a single tribe with both a constitution and a charter. The tribal assets consist solely of land upon which there is an excellent stand of timber. In accordance with section 6 of that act the Secretary of the Interior has an obligation to regulate the operation and management of Indian forestry units on the principle of sustained-yield management. It has been impracticable for the Department to do so in the case of the Alabama and Coushatta unit, because its relatively small size and its distance from other Indian forestry units have not warranted the expenditure of funds for such supervision. The nearest office of the State of Texas Forest Service, which is 17 miles from the Alabama and Coushatta Reservation, is conducting various forestry protection and conservation measures with respect to timberlands within the general area surrounding the reservation.

The services which the Bureau of Indian Affairs of this Department has extended to this tribe have consisted primarily of financial assistance for educational purposes under the Johnson-O'Malley Act of April 16, 1934 (48 Stat. 596), as amended by the act of June 4, 1936 (49 Stat. 1458), a sum which amounted to $18,000 in fiscal year 1953.

On the other hand, the State of Texas has provided a number of services for this tribe, including a superintendent for the reservation. Approximately $41,000 of State funds were spent for these services in fiscal year 1953. The interest of the State in the welfare of the tribe has a long historical background, going back to the days of Sam Houston.

In 1854 and 1855 the State of Texas purchased approximately 1,100 acres of land for this group of Indians and caused deeds for the land to be issued directly to the group, under the name of the Alabama Indians, in fee simple in perpetuity. Pursuant to the Second Deficiency Act, fiscal year 1928 (45 Stat. 883, 900), the United States purchased approximately 3,181 acres for the group, and took title

in trust for them under the name of the Alabama and Cushatta Indians. This area is contiguous to that purchased by the State of Texas for these Indians, and the 2 areas have been treated as 1 reservation and supervised by the superintendent furnished by the State. In the law enacted by Texas in 1854 which authorized the purchase of land for these Indians a provision was inserted that the Indians should not "alien, lease, rent, let, give, or otherwise dispose of said land or any part thereof to any person whatsoever.' It is the position of this Department that so far as management, disposition, and utilization of the land purchased by the State is concerned, that provision is primarily a matter between the tribe and the State of Texas.

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The Governor of Texas has taken an active interest in the welfare of these Indians and the protection and development of their timber resource. He has urged that a complete management program be developed for the utilization and conservation of this timber resource. In the negotiations between representatives of the State of Texas and the Eureau of Indian Affairs the representatives of the State have indicated a willingness on its part to undertake, without cost to the United States, the complete management of the Indian timberland for the benefit of the tribe. The Eureau of Indian Affairs referred this proposal to a general council of the Alabama and Coushatta Tribes in February 1953. After a long and full discussion the tribe voted unanimously "to authorize the great State of Texas to assume full responsibility for the management, protection, and conservation of our forest resources by applying to our reservation the policies and practices followed by the State in the management of the State forests."

On May 21, 1953, the Governor of Texas notified the Department that the State legislature had adopted a concurrent resolution authorizing the Governor, in the event the Congress of the United States should provide such legislation and the Alabama and Coushatta Tribes should indicate their consent by appropriate resolution, to accept on behalf of the State of Texas a transfer of the trust responsibilities of the United States respecting the lands and other assets of the Alabama and Coushatta Indian Tribes, and to designate the State agency in which such trust responsibilities shall rest. The resolution provides that the agency so designated shall have the authority to promulgate rules and regulations for the administration of the trust and the protection of the beneficial interest of the Indians in such lands and other assets. There is enclosed a copy of this resolution.

At a general council of the Alabama and Coushatta Tribes on June 1, 1953, the tribe voted 59 to 0 in favor of a resolution to request the Secretary of the Interior to recommend to the Congress of the United States the enactment of necessary legislation in order to accomplish a complete transfer of the trust responsibilities and authorities from the Federal Government to the State of Texas. There is enclosed a copy of this resolution.

The enactment of H. R. 6282 would provide the means for effectuating the proposals made by the State of Texas and concurred in by the Alabama and Coushatta Tribes, as just outlined. While the substance of the provisions of the bill is generally adequate for this purpose, there are several particulars in which clarification or implementation appears desirable. These changes are incorporated in the enclosed amendment, which we recommend be adopted, and are explained below.

The suggested revision of section 1 would permit the land purchased in 1854 and 1855 for the Alabama Indians-now merged into the Alabama and Coushatta Tribes-to be conveyed in trust to the State of Texas, if the tribe desires that this land be held in trust by the State along with that purchased by the Federal Government. In addition, it would make clear that the conveyance is to vest in the State full authority to control the management, use, and disposition of the land. The suggested revision of section 2 would eliminate any doubt that its provisions are intended to apply equally to the tribe in its capacity as such and to the members of the tribe in their respective capacities as individual Indians.

The suggested revision of section 3 is designed to eliminate any doubt concerning the authority of the tribe to exercise, after the issuance of the proclamation terminating the Federal trust responsibility, those powers conferred or recognized by its constitution and bylaws which, under the terms of those instruments, it may now exercise only with the concurrence of the Secretary of the Interior. An error in referring to a date would be corrected in section 4.

No change is proposed in section 5.

The suggested revision of section 6 would make only technical word changes. The proposed new section 7 is a saving clause designed to assure the Alabama and Coushatta Indians that the bill will not be construed as excluding them from

the continued effectiveness of the act of June 2, 1924 (43 Stat. 253), which confers on Indians the status of citizens of the United States.

The proposed new section 8 would make the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), inapplicable to the tribe and its members.

Because of the provision in House Concurrent Resolution 108 with respect to the time of submitting legislative recommendations on the subjects covered by that resolution, this report has not been cleared through the Bureau of the Budget and, therefore, no commitment can be made concerning the relationship of the views expressed herein to the program of the President.

Sincerely yours,

ORME LEWIS, Assistant Secretary of the Interior.

PROPOSED AMENDMENT TO H. R. 6282

Strike out all after the enacting clause and insert in lieu thereof the following: "That the Secretary of the Interior is authorized to convey to the State of Texas the lands held in trust by the United States for the tribe of Indians organized and known as the Alabama and Coushatta Tribes of Texas, located in Polk County, Texas; and such tribe is authorized to convey to the State of Texas the lands purchased for and deeded to the Alabama Indians in accordance with an Act of the Legislature of the State of Texas approved February 3, 1854, located in Polk County, Texas. All of the lands so conveyed shall be held by the State of Texas in trust for the benefit of the Indians of the Alabama and Coushatta Tribes of Texas, subject to such conditions regarding management, use, or disposition as the State of Texas may prescribe.

"SEC. 2. Upon the conveyance to the State of Texas of the lands held in trust by the United States for the Alabama and Coushatta Tribes of Texas, the Secretary of the Interior shall publish in the Federal Register a proclamation declaring that the Federal trust relationship to such tribe and its members has terminated. Thereafter such tribe and its members shall not be entitled to any of the services performed by the United States for Indians because of their status as Indians. "SEC. 3. Effective on the date of the proclamation provided for in section 2 of this Act, all powers of the Secretary of the Interior or any other officer of the United States to take, review, or approve any action under the constitution and bylaws of the Alabama and Coushatta Tribes of Texas approved on August 19, 1938, pursuant to the Act of June 18, 1934 (48 Stat. 984), are terminated. Any powers conferred upon the tribe by its constitution and bylaws that are inconsistent with the provisions of this Act are terminated. Such termination shall not affect the power of the tribe to take any action under its constitution and bylaws that is consistent with this Act without the participation of the Secretary or other officer of the United States in such action.

"SEC. 4. The indebtedness of the Alabama and Coushatta Tribes of Texas to the United States incurred under the provisions of the Act of May 29, 1928 (45 Stat. 883, 900), is canceled, effective on the date of the proclamation to be issued in accordance with the provisions of section 2 of this Act.

"SEC. 5. The corporate charter of the Alabama and Coushatta Tribes of Texas issued pursuant to the Act of June 18, 1934 (48 Stat. 984), ratified on October 17, 1939, is revoked effective on the date of the proclamation to be issued in accordance with the provisions of section 2 of this Act.

"SEC. 6. On and after the date of the proclamation to be issued in accordance with the provisions of section 2 of this Act, all statutes of the United States which affect Indians because of their status as Indians shall no longer be applicable to the Alabama and Coushatta Tribes of Texas or the members thereof, and the laws of the several States shall apply to the tribe and its members in the same manner as they apply to other citizens or persons within their jurisdiction.

"SEC. 7. Nothing in this Act shall affect the status of the members of the Alabama and Coushatta Tribes of Texas as citizens of the United States, or shall affect their rights, privileges, immunities, and obligations as such citizens.

"SEC. 8. The Act of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 387), shall not apply to the tribe and its members after the date of the proclamation to be issued in accordance with the provisions of section 2 of this Act."

RESOLUTION

Whereas the Alabama and Coushatta Tribes of Texas adopted a resolution on February 13, 1953, requesting the Secretary of the Interior to authorize the Texas Forest Service to assume responsibility for the management and conser

vation of the forest resources of the Alabama and Coushatta Indian Reservation; and

Whereas the Solicitor for the Department of the Interior has ruled that it would be contrary to existing law for the Secretary of the Interior to transfer responsi– bilities to the Texas Forest Service; and

Whereas the Legislature of the State of Texas has enacted legislation authorizing the Governor to accept on behalf of the State of Texas the trusteeship responsibilities of the Federal Government respecting the lands and other assets of the tribes: Now, therefore, be it

Resolved by the Alabama and Coushatta Tribes of Texas in general council assembled, That the Secretary of the Interior is requested to recommend to the Congress of the United States the enactment of necessary legislation in order to accomplish a complete transfer of the trust responsibilities and authorities from the Federal Government to the State of Texas.

I hereby certify that the foregoing resolution was duly adopted by the Alabama and Coushatta Tribes of Texas in general council on June 1, 1953, by a vote of 59 for and 0 against.'

Attest:

Certified correct:

MATTHEW BULLOCK, Chairman of the General Council.

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Whereas the Congress of the United States may pass legislation relinquishing the trust responsibilities of the United States with respect to the lands and other assets of the Alabama and Coushatta Indian Tribes; and,

Whereas this legislature finds it necessary to hereby indicate its desire and set forth a policy necessary in order to achieve a stronger unity for the protection of the interest and welfare of such Indian tribes: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That in the event the Congress of the United States shall provide such legislation, and the Alabama and Coushatta Indian Tribes shall indicate their consent by appropriate resolution, the Governor is hereby authorized to accept on behalf of the State a transfer of the trust responsibilities of the United States respecting the lands and other assets of the Alabama and Coushatta Indian Tribes; and, be it further

Resolved, That the Governor is authorized to designate the State agency in which such trust responsibilities shall rest, and the agency so designated shall have authority to promulgate rules and regulations for the administration of the trust and the protection of the beneficial interest of the Indians in such lands and other assets.

Hon. HUGH BUTLER,

DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington 25, D. C., February 16, 1954.

Chairman, Committee on Interior and Insular Affairs,

United States Senate, Washington 25, D. C.

MY DEAR SENATOR BUTLER: This letter supplements the report of the Department of the Interior dated January 4, 1954, with reference to the request contained in House Concurrent Resolution 108 for a report to the Congress of recommendations for such legislation as may be necessary to free the Indians in the State of Texas from Federal supervision and control and from all disabilities and limitations specially applicable to Indians. The recommendations of this Department were contained in a report on H. R. 6282, a bill to terminate Federal trust responsibility to the Alabama and Coushatta Tribes of Indians of Texas, and for other purposes, and the clarifying amendments suggested in the report were incorporated in a bill introduced as S. 2744.

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