74TH CONGRESS 1st Session } SENATE { REPORT No. 411 REIMBURSE CROW INDIAN TRIBAL FUNDS HERETOFORE EXPENDED ON IRRIGATION WORKS MARCH 13 (calendar day, APRIL 3), 1935.—Ordered to be printed Mr. WHEELER, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 1532] The Committee on Indian Affairs, to whom was referred the bill (S. 1532) to credit the Crow Indian tribal funds with certain amounts heretofore expended from tribal funds on irrigation works of the Crow Reservation, Mont., having considered the same, report thereon with a recommendation that it do pass without amendment. The Commissioner of Indian Affairs and other officials of the Bureau of Indian Affairs personally appeared before the committee and manifested their approval of this legislation. The Secretary of the Interior personally favors this proposed legislation but he states that the Director of the Budget advises that it would not be in accord with the financial program of the President. A copy of the Secretary of the Interior's letter, dated March 5, 1935, is appended hereto and made a part of this report as follows: DEPARTMENT OF THE INTERIOR, Washington, March 5, 1985. Hon. ELMER THOMAS, Chairman Committee on Indian Affairs, United States Senate. MY DEAR MR. CHAIRMAN: This is in further reference to your communication of January 31 requesting a report on S. 1532, relating to the repayment to the Crow Indian tribal funds of the amounts heretofore expended from those funds on irrigation works of the Crow Indian Reservation, Mont. Attention is invited to section 8 of the act of Congress of May 26, 1926 (44 Stat., 658-660), which contains the following provisions: "SEC. 8. That any allotment or part of allotment provided for under this Act, irrigable from any irrigation system now existing or hereafter constructed by the Government on the said reservation, shall bear its pro rata share, computed on a per acre basis, of the expenditures made from tribal funds that were used in constructing such systems where the Indians in council had not specifically approved such expenditures, and all moneys except gratuities expended on the construction of such irrigation systems out of the appropriations from the Treasury of the United States, the amount so in the aggregate to be borne to be ascertained and proclaimed by the Secretary of the Interior." Acting in accordance with the provision of the law a public notice was issued on June 8, 1928, fixing the annual per-acre rate of assessment against the lands of the Crow project for repayment of only the amount of reimbursable Treasury funds that had been expended thereon. The records of the Indian Office show that prior to the issuing of the public notice the Crow Tribal Council passed a resolution on August 13, 1927, to have all tribal funds expended on the construction of the irrigation project to that date, classified as nonreimbursable. The reimbursement to the tribal funds as contemplated in the proposed legislation would not relieve the lands of the reimbursable feature in the amount recognized at the time the public notice was issued. The act of August 1, 1914 (38 Stat. 583), shifted the reimbursable cost of irrigation projects from a tribal obligation to the individuals who own the lands benefiting under such project. This obligation against the land is, of course, subject to the provisions of the act of Congress of July 1, 1932 (47 Stat. 564), whereby assessments for irrigation construction costs are deferred until such time as the Indian title to the land shall have been extinguished. As a precedent for such legislation attention is invited to the provisions of the act of May 18, 1916 (39 Stat. 123-141), relating to the Blackfeet, Flathead, and Fort Peck Indian Reservations, in Montana, which act reads in part as follows: "That the tribal funds heretofore covered into the Treasury of the United States in partial reimbursement of appropriations made for constructing irrigation systems on said reservations shall be placed to the credit of the tribe and be available for such expenditure for the benefit of the tribe as Congress may hereafter direct." It appears from the records of the Indian Office that the total amount of tribal funds used in constructing and operating the Crow irrigation project is approximately $2,386,157. The public notice issued on June 8, 1928, fixing the per-acre rate for the repayment of Treasury funds used in constructing the project, shows the total amount of tribal funds expended to that date on construction works as $1,565,235.31, representing the amount passed upon by the tribal council. The difference between the total sum of tribal funds used and the sum passed upon by the tribal council is $820,921.69. If, however, the total sum of tribal funds used is to be repaid to the tribe, the charge against the Federal Treasury would be approximately $2,386,157 in the event this proposed legislation is enacted. While I personally favor the legislation, the Acting Director of the Bureau of the Budget has advised that it would not be in accord with the financial program of the President. Sincerely yours, HAROLD L. ICKES, O 74TH CONGRESS 1st Session } SENATE { REPORT No. 413 SAC AND FOX (OF MISSOURI) INDIANS, PAYMENT OUT OF TRIBAL FUNDS MARCH 13 (calendar day, APRIL 4), 1935.-Ordered to be printed Mr. THOMAS of Oklahoma, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 1723] The Committee on Indian Affairs, to whom was referred the bill (S. 1723) authorizing payment to the Sac and Fox (of Missouri) Tribe of Indians of certain tribal funds to their credit in the United States Treasury and for other purposes, having considered the same, report thereon with a recommendation that it do pass with the following amendments: On page 1, line 5, change the figures "$9,158.20" to read "$9,153.20". On page 1, line 6, change the figures "$273.71" to read "$268.71". This bill has the approval of the Secretary of the Interior, if amended, as evidenced by a communication from him under date of April 2, 1935, a copy of which is attached hereto and made a part of this report as follows: Hon. ELMER THOMAS, DEPARTMENT OF THE INTERIOR, Chairman Committee on Indian Affairs, United States Senate. MY DEAR MR. CHAIRMAN: This will refer further to your request of February 8 for a report on S. 1723, to authorize the payment to the Sac and Fox Indians (of Missouri) of certain tribal funds to their credit in the United States Treasury. Between 1838 and 1907 various appropriations were made by Congress covering interest on the uncapitalized funds of these Indians under the treaty of October 21, 1887 (7 Stat. L., 543). Annuity payments were made with this money from time to time on rolls prepared for the purpose. For various reasons some of the enrollees did not receive their shares, and hence the money remained in the Treasury to the credit of the tribe. This fund is designated "Fulfilling treaties with Sacs and Foxes of the Missouri", and the present balance therein is $7,742.79, which represents generally the aggregate of such unpaid shares. The two latest claims for unpaid shares were settled in 1915 and 1923. Thus, only one share has been paid in the last 19 years, and no such payments at all have been made during the past 12 years. It is, therefore, safe to assume that 8. Repts., 74-1, vol. 1-39 no further claims will be made upon this fund, and hence that it may be properly distributed among the members of the tribe as provided by the bill. Another fund of these Indians is carried in the Treasury under the title "Proceeds of surplus lands, Sac and Fox of the Missouri Indians, Kansas and Nebraska", the present balance of which is $1,141.70. This fund accrued from land sales under the act of August 15, 1894 (28 Stat. L., 296), which did not provide for the payment of interest. However, the act of February 12, 1929 (45 Stat. L., 1164), authorizes interest on funds of this character at 4 percent per annum. The amount of such interest now to the credit of the tribe in the Treasury is $268.71, instead of $873.71 as stated in the bill. This makes a total of $9,153.20 instead of $9,158.20, as follows: Fulfilling treaties with Sacs and Foxes of the Missouri.. Proceeds of surplus lands, Sac and Fox of the Missouri, Kansas, and Nebraska: Principal Interest to Dec. 31, 1934-.-. Total. $7, 742. 79 1, 141. 70 268. 71 .9, 153. 20 The bill also provides for the payment of not to exceed $400 of the amount appropriated to certain attorneys who have rendered services to the tribe under an informal contract, to reimburse them for necessary expenses in connection therewith. Several years ago these Indians made a contract with Messrs. Crane & Crane, a firm of attorneys at Topeka, Kans., to represent them in connection with various matters, on a percentage basis, plus expenses. This contract, however, did not comply with the formalities prescribed by section 2103, Revised Statutes, and hence it could not be approved. Nevertheless, the attorneys, in good faith, rendered services thereunder and incurred expenses for a trip to Washington and other purposes. Despite the nonapproval of the contract, it is believed that the attorneys should be reimbursed for such expenses. At a tribal council held on December 19, 1934, the Indians approved the payment to the attorneys of the sum named in the bill ($400) for this purpose, from the appropriation when made. The figures "$9,158.20", in line 5 on page 1 of the bill should be changed to "$9,153.20" and "$273.71" in line 6, to "$268.71." In the circumstances, and if thus amended, I recommend enactment of the bill. Under date of March 27, the Acting Director of the Bureau of the Budget advised that the proposed legislation would not be in conflict with the financial program of the President. Sincerely yours, HAROLD L. ICKES, Secretary. 1 74TH CONGRESS 1st Session } SENATE { REPORT No. 414 REIMBURSE KLAMATH INDIAN TRIBAL FUNDS HERETO FORE EXPENDED ON IRRIGATION WORKS MARCH 13 (calendar day, April 4), 1935.—Ordered to be printed Mr. STEIWER, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 506] The Committee on Indian Affairs, to whom was referred the bill (S. 506) to credit the Klamath Indian tribal funds with certain amounts heretofore expended from tribal funds on irrigation works of the Klamath Reservation, Oreg., having considered the same, report thereon with a recommendation that it do pass without amendment. The Commissioner of Indian Affairs and other officials of the Bureau of Indian Affairs personally appeared before the committee and manifested their approval of this legislation. The Secretary of the Interior personally favors this proposed legislation, but he states that the Director of the Budget advises that it would not be in accord with the financial program of the President. A copy of the Secretary of the Interior's letter, dated March 12, 1935, is appended hereto and made a part of this report, which letter is as follows: Hon. ELMER THOMAS, THE SECRETARY OF THE INTERIOR, Chairman Committee on Indian Affairs, United States Senate. MY DEAR MR. CHAIRMAN: This is in further reference to your communications of January 15 requesting reports on S. 505 and S. 506 relating to the repayment to the Klamath Indian tribal funds certain amounts heretofore expended from those funds on irrigation works of the Klamath Indian Reservation, Oreg. Upon examining these bills it is observed that they are identical with the exception that S. 505, line 4, contains the words "through reimbursable appropriations", which words do not appear in S. 506. Inasmuch as this difference in wording does not modify in any respect the amount of the reimbursement to be made, should the proposed legislation be enacted, it is respectfully recommended that S. 505 be disregarded and consideration be given only to S. 506. |