of 2 years. There was again a period of several years during which no extensions were authorized by Congress. Additional extensions up to and including the year 1936 have been authorized upon the payment of interest in advance by the acts herein before cited. Practically all of the entries on this reservation are now delinquent. Nearly 80 percent of them were filed more than 7 years ago.

The Indians of the Fort Peck Reservation feel that the terms of the act opening their surplus lands to entry should have been adhered to. If this had been done the entrymen, in most of the cases now pending, would have had to complete their payments, or their entries would have been canceled. However, as the situation now stands, many of them have had possession of the land for as long as 20 years by paying a small part of the purchase price and interest. Furthermore, many of the interest payments are now 8 or 10 years in arrears. In addition to using the land without making adequate payments to the Indians, the entrymen have escaped all taxation.

When the lands were opened to entry, the United States accepted no responsibility to purchase or to find purchasers for the surplus Fort Peck lands. The United States was to act as trustee to sell the lands and pay over the proceeds in accordance with the terms of the act of May 30, 1908, supra. However, by acts of Congress authorizing extensions of time in which payments might be made, and by administrative action in not canceling entries when they became delinquent, the United States has very materially altered the situation created by the 1908 act. The Indians have never consented to any of these changes and, particularly in recent years, have strongly protested the policy of the Federal Government in the matter. The present circumstances are due almost entirely to the action of the Government above outlined.

The situation on the remaining reservations above listed is much the same. The surplus lands have been subject to entry for over 20 years, all or nearly all of the entries are now delinquent and it is estimated that 90 percent of the entries on these reservations have been pending for longer than the period in which the act opening the particular reservation provided for the making of all payments and final proof.

The amendments which I have suggested would relieve the Indians of carrying overdue payments on the lands of these reservations. The immediate cost to the United States, as shown by the figure given above, would be slightly in excess of $410,000. However, as indicated above, this will be reimbursed with interest as the payments on the homesteads and purchases are made, and the advance required to be made will be substantially decreased by acceptance of the relinquishments provided for in the proposed section 5. The amendments proposed merely shift from the Indians to the Government the burden of waiting for the money until such time as the entrymen may complete their payments. The Acting Director of the Bureau of the Budget has advised with respect to the printed text of S. 189, that the proposed legislation would not be in conflict with the program of the President. He further advises "that your proposed report thereon, insofar as it recommends amendment of the bill by adding thereto sections 3 and 4, making payment to certain tribes of Indians out of the general fund of the Treasury of the delinquent indebtedness of homesteaders, would not be in accord with the program of the President.”

A further suggestion is made by the Acting Director of the Bureau of the Budget that the addition to section 2 of the bill of "appropriate provisions for the cancelation at the end of the calendar year 1937, of entries upon ceded Indian lands on which payments are delinquent" would not be in conflict with the program of the President. For the bill to conform to the several suggestions immediately above, the following text should be added at the end of line 4, page 3, to be followed by adding my suggested section 5 (which would become sec. 3) found on page 3 of this report: "The Secretary of the Interior is hereby authorized and directed to cancel all entries and purchases on ceded Indian lands on which payments are delinquent at the close of the calendar year 1937." In addition to these amendments, I have previously suggested (p. 1, of this report) two other minor changes.

If amended to conform to the views expressed by the Acting Director of the Bureau of the Budget, I will interpose no objection to the passage of S. 189. The Indians, however, undoubtedly will attempt later to assert claims for moneys due them for lands the use of which has been denied them because of the delinquencies of numerous homesteaders.

Sincerely yours,

CHARLES WEST, Acting Secretary of the Interior.

Mr. CASE. I desire to call attention to the fact that the amendments the Secretary proposed to S. 189 in the form of additional sections 3 and 4 are identical with the bill before us, except as to the change of Coeur d'Alene for Fort Totten, which we have already made. S. 189 has not been acted upon, but its companion bill, H. R. 2888, passed the House July 19 and is now before the Senate. Since the House has approved H. R. 2888, in all justice to the Indians it should now approve H. R. 5753, the bill before us. The Government is properly considerate of the homesteader and is liberal with him in view of the drouth the past few years, but it ought not to be liberal with the Indian's money unless it reimburses the Indian. The Secretary recognizes this and justly observes the provisions of these sections merely shift from the Indians to the Government the burden of waiting for the money until such time as the entrymen may complete their payments.

He further says "This is in no sense a gratuity." The Secretary also makes a valuable suggestion, I think, in what he offers as section 5 to S. 189, as a protection for what the homesteader or purchaser has invested. Accordingly, I move that the Secretary's suggested amendment of section 5 to S. 189, be added to our bill as an amendment, creating section 3. This will place it immediately following the language it was proposed to follow in the Senate bill.

Mr. BUCKLER. Second the motion.

Mr. SHEPHERD. It is moved and seconded that H. R. 5753 be amended by the addition of section 3, which is to be the amendment suggested by the Secretary as section 5 for S. 189.

The motion prevailed.

Mr. SHEPHERD. Is there anything further?

Mr. BUCKLER. I move an amendment in the title to conform to the Secretary's recommendation, by striking out the word "payment" and substituting the word "advance".

Mr. SHEPHERD. The motion is agreed to.

Mr. CASE. I now move that this special subcommittee do rise and report H. R. 5753, as amended, with the recommendation to the committee that the bill, as amended, be favorably reported and placed on the House Calendar.

The motion was agreed to and the subcommittee rose.

HEARINGS

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS HOUSE OF REPRESENTATIVES

SEVENTY-FIFTH CONGRESS

FIRST SESSION

ON

H. R. 6071

TO CREDIT THE KLAMATH INDIAN TRIBAL FUNDS WITH CERTAIN AMOUNTS HERETOFORE EXPENDED FROM TRIBAL FUNDS ON IRRIGATION WORKS OF THE KLAMATH RESERVATION, OREG.

COMMITTEE ON INDIAN AFFAIRS

WILL ROGERS, Oklahoma, Chairman

WILLIAM HOWARD PAYNE, Clerk
H. G. BENDER, Assistant Clerk

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