REIMBURSABLE CHARGES AGAINST INDIAN TRIBES

MARCH 19, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. LEAVITT, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany H. R. 10879]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 10879) directing the Secretary of the Interior to investigate reimbursable charges against Indian tribes, and for other purposes, having considered the same, report thereon with a recommendation that it do pass without amendment.

This measure to direct the Secretary of the Interior to investigate reimbursable charges against Indian tribes is fundamentally important to the solution of what is generally spoken of as the Indian problem. It has the favorable report of the Secretary of the Interior and the Commissioner of Indian Affairs, and is considered by the committee to be especially constructive and valuable to the Indians and the Government.

Nearly a year ago the one introducing and reporting this bill introduced H. R. 150, to authorize the Secretary of the Interior to adjust reimbursable debts of Indian tribes. This bill was sent for report when the special session had reconvened, in November, and its purposes have been under the most careful consideration by the Secretary of the Interior and the Commissioner of Indian Affairs since that time. The result of that study and the deliberation of the House Committee on Indian Affairs are embodied in the bill herewith reported.

Instead of amending H. R. 150 it has been thought best to introduce a new bill providing for a complete study of the outstanding reimbursable debts prior to action by Congress thereon.

Those closely in touch with Indian matters seem to be fully agreed that in many instances great sums are charged against the Indians in such a way as to materially hinder their progress. The adjustment of such debts is a matter of good judgment and justice. In some cases

such debts have been legislated upon these people without their understanding, and the expected benefits have not materialized. Their present opportunity of development is often partly defeated by the lack of authority to meet such conditions.

The situation is well set forth in the memorandum of the commissioner, omitting reference to H. R. 150, which has been eliminated since H. R. 10879 meets the situation presented:

The records of the Indian Office show reimbursable expenditures to June 30, 1929, of approximately $40,549,686.42, of which $3,786,344 has been repaid, leaving an approximate balance still due on that date of $36,763,342.42. These expenditures have been made over a period of years, and the largest group of reimbursable charges covers irrigation construction and operation and maintenance. The second item of any size is that of road and bridge construction on Indian reservations, for which purpose approximately $850,000 has been spent. The third group of charges is more in the nature of individual accounts with Indians of the several tribes, resulting from industrial assistance rendered these Indians through annual appropriations made by Congress for this purpose. Funds expended under this authorization have been used in the purchase of machinery, tools, farming implements, livestock, and other articles needed by individual Indians to assist them in their efforts toward self-support. Of the total expenditure from Treasury appropriations of $3,130,381.99 only $1,121,692.93 is still owing by the Indians, and of this indebtedness less than one-half is past due. The other reimbursable charges are miscellaneous in character and cover such things as purchase of lands and support of agency activities.

The greater portion of the expenditures for irrigation has been in connection with construction work. These charges were originally made against the tribe, but by the act of August 1, 1914 (38 Stat. p. 583), such charges were made against the land benefited on an acreage basis. Some of these projects have proved unprofitable and in certain instances the accrued charges exceed the value of the land. In many cases the charges have accumulated as a lien against the land of the Indian which is being held in trust by the United States. At the expiration of the trust period the Indian can not receive a clear title to his land until these charges have been paid. It has been contended by some that in view of the provision contained in the trust patent that the land shall be turned over to the Indian at the expiration of the trust free of encumbrance, the lien which has accrued against such land for repayment of these charges is unjust. This is one of the important questions to be considered in connection with the subject of waiving reimbursable charges.

Much of the road and bridge construction on Indian reservations has been of equal benefit to whites and Indians. Some projects have been primarily for the benefit of white tourists and charges accruing against the Indian tribe for the construction of roads and bridges which proved to be more beneficial to the white population than the Indian are considered unjust. Furthermore, the Government has expended many thousands of dollars of Indian tribal funds for road and bridge work within reservation boundaries. Expenditures so made have served the dual purpose of improving the roads within the reservations and at the same time contributing to the material welfare of the Indian population through employment on these projects.

With reference to the appropriation for industrial advancement of the individual Indians, there would be little expectation of writing off any of these accruals as the Indians have set a splendid record for reimbursement of advances from this fund. Congress, by the act of March 7, 1928 (45 Stat. pp. 205-206), repealed the reimbursable requirement contained in acts looking to the survey, classification, and allotment of lands under the general allotment act, and the Indians of the country were relieved of approximately $3,000,000 in reimbursable charges. In several isolated cases Congress has likewise repealed a reimbursable charge existing against some particular tribe or band for some definite

purpose.

The question of reimbursable charges against Indian tribes stands out as one of the important questions in connection with Indian administration to-day, and in my letter of December 11, 1929, to the respective chairmen of the House and Senate Committees on Indian Affairs, mention was made of the desirability of some relief to the tribes which had these large liabilities pending against them.

A study can be made of all the charges which have accrued against the Indian tribes except the irrigation charges without any great difficulty. A study of the irrigation charges will require a considerable length of time and the survey should be conducted by competent persons, at least two of whom should not be employees of the Federal Government. While no additional cost would be anticipated in connection with the other studies, it would be necessary to have a small appropriation to be used in connection with the irrigation feature of the work.

To carry out the foregoing suggestions I would recommend the following: "That the Secretary of the Interior be, and he is hereby, directed to make an investigation of reimbursable charges against Indian tribes, and lands on Indian reclamation projects, and report to Congress on or before the first Monday in December, 1931, those tribes and project lands which should, in his opinion, be relieved, either in whole or in part, of such charges.

"SEC. 2. For the purpose of carrying out the provisions of this act, there is hereby authorized to be appropriated not to exceed the sum of $50,000." I recommend the enactment of this bill.

C. J. RHOADS, Commissioner.

Under date of March 12, 1930, the Secretary of the Interior transmitted the preceding favorable memorandum of the commissioner with a statement of his agreement.

The committee believes that the enactment of this measure is one of the things most necessary to further constructive work for the advancement of the Indians and that it constitutes good public policy.

GEORGE DEWEY HILDING

MARCH 19, 1930.-Committed to the Committee of the Whole House and ordered to be printed

Mr. BURDICK, from the Committee on Naval Affairs, submitted the

following

REPORT

[To accompany H. R. 3022]

The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 3022) to provide for the advancement on the retired list of the Navy of George Dewey Hilding, having had the same under consideration, report favorably thereon, without amendment, and recommend that the bill do pass.

The purpose of this bill is to provide that Ensign George Dewey Hilding, United States Navy, retired, shall have the rank and receive the pay and allowances of a lieutenant (junior grade) on the retired list of the Navy; such rank shall take effect on June 3, 1924.

George Dewey Hilding was born on December 23, 1898. He was appointed a midshipman from the fifth district of Michigan on June 15, 1917, and commissioned ensign from June 3, 1921. On January 8, 1923, he was admitted to the naval hospital, Canacao, P. I., with symptoms of tuberculosis; was transferred to the naval hospital, Mare Island, Calif., on January 16, and on June 17 was transferred to the Fitzsimons General Hospital, Denver, Colo. On September 23, 1923, he was placed upon the retired list for physical disability incurred in the line of duty, but was continued under treatment at the last-named hospital until May 21, 1924.

Had Mr. Hilding continued on the active list until June 3, 1924, and subsequently been retired he would have been entitled under the general law to the rank of lieutenant (junior grade) on the retired list. He did not so continue, however, but was retired in September, 1923, nine months prior to the date when he would have been eligible for promotion.

The following letters from Lieut. Commander M. H. Ames, Medical Corps, United States Navy, and George Dewey Hilding, respectively, set forth the facts in Mr. Hilding's case: