Mr. CHASING HAWK. Senator, will you let my attorney file a brief statement? Senator McGOVERN. Yes; he certainly has that right. We will be happy to have his statement. (Whereupon, at 3:55 p.m., the subcommittee was recessed, subject to the call of the Chair.) APPENDIX (Under authority previously given the following statements and communications were ordered printed:) STATEMENT OF JOHNSON HOLY ROCK, PRESIDENT, OGLALA SIOUX TRIBE On behalf of the Oglala Sioux Tribe of the Pine Ridge Reservation, I respectfully submit to the Committee on Interior and Insular Affairs of the United States Senate the enclosed Resolution of the Oglala Sioux Tribal Council relating to proposals for extension of the Indian Claims Commission. I have also been authorized by the Oglala Sioux Tribal Council to submit to the Committee the following statement in connection with S. 307. The Oglala Sioux Tribe urges the Committee to extend the life of the Indian Claims Commission for ten years and to make certain further changes in S. 307 in order to speed the disposition of Indian claims. At least two new Commissioners should be added to the Commission. This step would enable it to render decisions on claims more quickly, but, unlike certain provisions of S. 307, it would not sacrifice the right and opportunity of each Indian tribe for adequate pre-trial preparation. Section 27(b) should be deleted from S. 307. The dismissal of claims in cases in which a tribe is "unable" to proceed with the trial of its claim harshly discriminates against many tribes which may find it difficult to complete their preparation prior to an arbitrary deadline, either because of lack of legal counsel or of expert witnesses or because of the difficulty of securing essential evidence. In addition, an Indian tribe may be "unable" to proceed because the Government is not ready or because the Commission has not rendered an essential decision in a related case. May I also respectfully point out to the Committee that in one case (Docket No. 74) in which my tribe is involved, as a claimant, the claimant's brief on liability was filed with the Commission over three years ago, but the Commission has still not rendered a decision. Indian tribes have no desire to see these claims drag out over many years. They wish to see the rapid and efficient disposition of Indian claims, with full regard for due process and in accordance with the spirit of doing justice to American Indian people in which the Indian Claims Commission Act was originally passed. It is my belief that two additional able Commissioners would do more to speed this process than the dangerous procedural changes proposed in S. 307 would do. I have confidence in your Committee, and I am sure you will approach this matter in the same spirit of justice for Indian people which motivated the Congress when the Indian Claims Commission was created. A ten year extension and two new Commissioners will permit the Commission to give the claims of Indian people the full, fair and impartial hearing which they deserve. In this era when so much attention is directed to righting wrongs abroad, I feel it would be unworthy of the United States Congress to flag in its zeal to right these long standing wrongs at home. Hon. HENRY M. JACKSON, LUMMI INDIAN BUSINESS COUNCIL, Marietta, Wash., February 2, 1967. DEAR SENATOR JACKSON: Reference our night letter January 31, 1967, regarding Indian claims. We attached a Title X Indian Claims to the Omnibus Bill which was revised by the Lummi Tribal Council and mailed to Washington January 28. A copy is attached. We believe Title X proposed by the Lummis explains the innovative thinking which is necessary to bring justice to the Indians. We also direct your attention to the attached copy of a resolution from the February 1965 issue of Indian Voices published the the Department of Anthropology, University of Chicago. Page 10-11 requests the removal of ex-Senator Watkins from the Claims Commission. He was one of the foremost proponents of extinction of Indian tribes in the 1950's. After being voted out of office he was appointed to the Claims Commission. We firmly believe he should be removed from the Commission because of his bias and prejudice against Indians and Indian progress. We do not wish to suggest at this time any support whatsoever for the National Indian Youth Council, implied or otherwise. But in this one specific instance we agree with the general concepts of a resolution made public by them and printed for public information. We feel you will appreciate knowing our sentiments in order to better represent us. We strongly urge that in the interests of justice and elimination of poverty that a claims bill favorable to Indian interests be passed. Sincerely, VERNON A. LANE, Chairman, Lummi Business Council. FEBRUARY 2, 1967. TITLE X Section 1001.-The Indian Claims Commission shall be expanded to include seven members, four of which must be on tribal membership rolls as Indians, and be reservation residents. All members of the Commission will be elected in a national election by tribal councils one vote per council member. Terms will be three years with staggered terms to start the process, with one non-Indian and one Indian going out each year. The Commission will select its own chairman from among its members. Section 1002. - The life of the Indian Claims Commission will extend until all Indian claims cases are settled. Section 1003. - No offsets for government expenses at any time will be allowed against Indian claims. All previously charged will be paid to the tribes whose claims have been adjudicated. Offsets were for the benefit and advantage of the U.S. Government and not the tribes since they were independent before conquest, hence are not proper claims on Indian assets. NATIONAL INDIAN YOUTH COUNCIL, POST OFFICE Box 892, GALLUP, N. MEX. Whereas the National Indian Youth Council is a nonprofit organization established under the corporate laws of the state of New Mexico, and Whereas the National Indian Youth Council has charged itself with the responsibility of protecting Indian rights and working in the best interests of Indian welfare, and Whereas the Indian Claims Commission was established to provide means for Indian tribes to gain compensation for lost lands and for abrogated treaties, and the Congress of the United States did acknowledge that Indian tribes were entitled to just payment for aboriginal land title and for deprivation of treaty rights, and the Claims Commission was welcomed by Indian tribes since it removed the necessity of Congress to authorize claim cases to be considered, and Whereas the National Indian Youth Council, through careful study and observation of particular claims cases, has determined the actions of the Chief Commissioner of the Indian Claims Commission, Honorable Arthur V. Watkins, in claims cases involving Indian tribes throughout the United States against the United States for compensation of lands and interests lost during initial Indian and white contact, has not been in the best interests of the Indian people nor in the interests of the original purposes of the Indian Claims Commission Act of 1946, and Whereas Chief Commissioner Watkins has a background of advocating termination of Federal protection and supervision over Indian tribes, ribes, and his preconceived termination policies have been reflected in his actions and decisions, and Whereas Chief Commissioner Waktins has displayed bias towards Indian people who did not conform to his thinking of what the Indians' future should be, and Chief Commissioner Watkins has vocally made this known in several cases, and Whereas Chief Commissioner Watkins has displayed senility in his irresponsible statements concerning Indians' special relationship with the Federal Government, and Chief Commissioner Watkins' statements have offended the American public as well as American Indians, and Whereas Chief Commissioner Watkins has shown a poor example of public service in his capacity as head of the Indian Claims Commission, and Whereas it is apparent that Chief Commissioner Watkins' personal prejudice towards tribal status and Federal services for Indian people have been detrimental to the socio-economic standing of the American Indian in the general American society, and Whereas the consensus of opinion of Indian leadership throughout the United States supports the view of the National Indian Youth Council, and Whereas a Commissioner in Indian Claims Commission can be removed only by resignation or impeachment: Now, therefore, be it Resolved, That the National Indian Youth Council approves of this resolution calling for the resignation of Chief Commissioner Watkins of the Indian Claims Commission; be it further Resolved, That should Chief Commissioner Watkins not resign from the Indian Claims Commissioner, the National Indian Youth Council hereby, by authority of this resolution, petitions for the impeachment of Chief Commissioner Watkins of the Indian Claims Commission; be it further Resolved and set forth, That a copy of this resolution be sent to the President of the United States, the Attorney General, members of the United States Congress, and all representatives of American Indians for their information and/or endorsement. President LYNDON B. JOHNSON, Washington, D.C. MELVIN D. Tном, President. LUMMI INDIAN BUSINESS COUNCIL, MR. PRESIDENT: The Nooksack tribe of Indians situated in Whatcom County, State of Washington, are being denied the right to organize as an Indian tribe and receive services of the Western Washington Indian Agency. They have had a constitution and by laws since 1929, at least, and accepted the Indian Reorganization Act of 1934. They have an active tribal council. Since they are included under the Point Elliot Treaty and live on trust lands administered by the Bureau of Indian Affairs, there seems to be no valid reason for denying recognition. The weak bureaucratic excuse given is that they have no reservation in common. Yet other tribes with little tribal land are recognized. Tribal members have offered to donate to the tribe if that is what the Federal government requires to recognize them. Historically the Nooksack tribe was large. After the treaty was signed, they were forced onto the nearby Lummi Reservation by the U.S. Army. Relations between the tribes were not peaceful and most Nooksacks returned to their homeland. After this happened several times the government let them live in their aboriginal area on homestead allotments, held in trust under the Bureau of Indian Affairs. We know it has been the will of Congress to (HCR-108) obliterate all Indian tribes, customs and culture as soon as possible, without Indian request or consent. Now presumably there is a change toward economic development first. We realize that a great deal of Indian policy originates from a hand full of unthinking or unscrupulous men, and not from the general public nor from the large body of hard working and sincere congressmen. We firmly believe honest and sincere persons, once aware of the Nooksacks' desires, will help them help themselves. The Nooksack people suffer all the disadvantages of poverty and from the neglect of the government for decades. Their tiny voice has not been heard! Although they can scarce afford to, they are sending delegates to all the Indian affairs meetings they can. They want to be a recognized tribe and share in the war on poverty. They want electricity for their homes on the trust lands, better education, better jobs and a better future. They feel they have been grossly wronged, since the treaty when their aboriginal lands, homes and livelihood were stolen under the gravest duress. The state of Washington is carrying on an unceasingly strong campaign against their ancient |