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CONSTRUCTION OF NURSES' HOME, KLAMATH INDIANS

Mr. GREENWOOD. Mr. Chairman, before leaving the Klamaths I would like to present, if I may, an amendment to increase the authorization to $123,760, an increase of $30,000.

We present an amendment at the request of the delegates from the Klamath Tribe who are now in Washington and who are authorized to make this request by the tribal council.

The purpose of the increase is to permit the construction of a nurse's home at the agency, and a nurse's cottage in a small town in the northern part of the reservation where they do not now have a field nurse but where we expect to establish a field nurse when quarters are available.

The tribe wants to use its own funds to provide quarters for the nurse as well as to provide a nurse's home at the agency.

Mr. JOHNSON of Oklahoma. The tribe, as I understand, wants to spend that much of its own money for that purpose?

Mr. GREENWOOD. Yes.

Mr. LEAVY. How much is in the tribal fund at the present time? Mr. GREENWOOD. As of December 31 this tribe had a balance to its credit of $2,379,484.

I OGGING OPERATIONS

Mr. LEAVY. Are the Klamath Indians operating their logging on a sustained-yield basis?

Mr. GREENWOOD. Yes. Their operations have been on a sustainedyield basis.

Mr. LEAVY. Then unless they meet with some material disaster they should have timber for an indefinite period of time.

Mr. GREENWOOD. Yes; they should have."

Mr. LEAVY. But if a great fire should wipe out their timber the whole tribe would be without resources?

Mr. GREENWOOD. Except for a capital reserve fund which has been. established pursuant to the Act of August 28, 1937. This fund is being augmented each year by the transfer to it of $50,000 from the timber revenues.

SISSETON INDIAN TRIBE, SOUTH DAKOTA

Mr. JOHNSON of Oklahoma. There is a new item on page 279 for the Sisseton (S. Dak.) tribe, providing $7,000, including the construction of an agricultural building and the purchase of land, title to such land to be taken in the name of the United States in trust for the Sisseton and Wahpeton Indians.

Mr. GREENWOOD. The following justification is submitted for the record:

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This estimate is submitted in accordance with a request which has been made by the tribal trust officers of the Sisseton and Wahpeton rehabilitation trust fund. Each of these officers was selected by the vote of the Indians in the district which he represents, and the group is, therefore, representative of the Sisseton and Wahpeton Tribes as a whole. Recognizing the urgent need of these Indians for land, this group has asked that $4,000 of the sum now standing to the credit of the tribes in the Treasury be made available for the purchase of heirship and other land. The Sisseton Reservation is entirely allotted, and the majority of the allotments are now owned by the heirs of the original allottees. Of the 3,079 40-acre tracts on the reservation, 585 are owned by 10 or more Indians and 39 are owned by more than 50 Indians. This situation precludes any of the owners making beneficial use of the land, and in many instances it is leased in order that some income might be derived from it. The shares of the individuals, however, are in most cases too small to be of any practical value. In one of the estates that has been probated, the common denominator used in designating the shares of the various heirs was 56,582,064.

It is of the utmost importance, both from the standpoint of the Indians and the Government, that the heirship land problem on the Sisseton Reservation be met without delay, as it is becoming progressively worse each year. A bill (H. R. 5451) to remedy the situation is now pending before the Congress. The amount requested by the Indians for the acquisition of lands in heirship status will not improve conditions materially, but it is a step in the right direction.

The tribal trust officers request also that $2,000 of tribal funds be made available for the construction of a building for use as a 4-H Clubhouse and a fair building for the exhibition of agricultural products. These Indians have no such facilities at present, and it is believed that if they were provided there would result an increased interest in agricultural pursuits.

Th sum of $1,000 is requested by the Indians for the purchase of caskets for sale on a reimbursable basis. Frequently an Indian dies leaving insufficient cash to cover all expenses of burial, but a short time after his death funds accrue to his estate in an amount adequate to cover any deficit. To insure decent burial in such cases, the Indians desire to be in a position to furnish caskets, the cost thereof to be repaid from the estates of the deceased Indians.

The balance to the credit of the Sisseton and Wahpeton Indians is $7,556. Owing to a lack of tribal resources, no income accrues to these tribes from any

source.

Mr. JOHNSON of Oklahoma. That amount would be taken from tribal funds?

Mr. GREENWOOD. This comes from tribal funds, Mr. Chairman. This is not proposed by the tribal council, because there is no council for either the Sisseton or the Wahpeton Indians. It is presented by a group of outstanding members of the tribes, who at the present time are acting as trustees of certain moneys made available to them under the emergency legislation.

They recommend this small sum for the purchase of land, for the construction of an agriculture building in which to hold their fairs; and $1,000 for the purchase of caskets to be made available to indigent Indians who die without having sufficient funds to provide for decent burial.

The Sisseton and Wahpeton Indians have only $7,556 remaining to their credit. This authorization would almost wipe out that balance, but it seems to be a good use of the money.

UINTAH AND OURAY INDIAN TRIBE, UTAH

Mr. JOHNSON of Oklahoma. There seems to be no change in the next item for the Uintah and Ouray, $10,000, of which amount not to exceed $3,000 shall be available for the payment of an agent employed under a contract approved by the Secretary of Interior.

Mr. GREENWOOD. The following justification is submitted for the record:

Appropriation, 1940

Total estimate, 1941

Uintah and Ouray

$10,000 10,000

For a number of years an appropriation from tribal funds of the Uintah and Ouray Indians was made for administration and for numerous purposes of direct benefit to the tribe, including subsistence for the indigent, burial expenses, and fair premiums. With the depletion of tribal funds, expenses of administration were transferred to gratuity appropriations, and it has not been possible to meet some of the expenses heretofore financed from the tribal fund appropriation. On June 6, 1935, and on several other occasions, the chairman of the tribal business committee urged an appropriation from tribal funds for various reservation uses. Agreeable to the request of the tribe an appropriation of $6,500 was made for 1937.

The amount requested for 1941 includes:

(a) Employment of special police_

(b) Fair premiums__

(c) Burial expense of indigents.

(d) Maintenance of experimental plots_

(e) Travel expense, farm aides (2, at $400).
(f) Compensation of agent (contract).
(g) Range riders...

Total.

$500 500 2,000

300

800

3,000

2,900

10,000

(a) We have no funds for the employment of special officers for Indian gatherings and therefore approve the request of the tribe to use a portion of its funds for this service.

(b) Availability of funds for prizes at Indian fairs will stimulate the activities of the Indians in producing and conserving food. Gratuity funds are not sufficient to allow any amount for fair premiums.

(c) The item for burial expense covers the purchase of caskets, the digging of graves, and services of morticians. While small sums can be made available from gratuity appropriations for this purpose, this is a proper expenditure from tribal funds.

(d) The Indians are anxious to conduct experiments in agriculture, including the development and operation of a nursery plot. This work will be done under the direction of the extension agent.

(e) Farm aides have been appointed on the Uintah Reservation. It was anticipated that these employees, though paid a small salary, would provide their own transportation. It was hoped that a sufficient number of farm aides could be provided so that the area in which each operated would be compact and require but little travel. It has not been possible to assign more than two of these employees to this reservation. Their services are in such demand that the tribal council requested that automobiles be provided. These cars were purchased during 1937. The amount included in this estimate is for repairs and the purchase of oil, gas, and tires.

(f) On March 6, 1935, a document was signed by all members of the tribal business committee of the Uintah and Ouray Agency, Utah, which reads as follows:

"This is to certify that we, the members of the Uintah, Whiteriver, and Uncompahgre Bands of the Ute Tribe of Indians of this jurisdiction, hereby authorize Capt. R. T. Bonnin, our claim attorney, and his wife, Mrs. Gertrude Bonnin, of Washington, D. C., to represent us on tribal matters before Congress and various departments of the Government."

Under date of April 21, 1936, the tribe entered into a formal contract whereby they attempted to employ R. T. Bonnin as their agent to represent them before the departments of the Government and the committees of Congress in tribal matters.

The bill which appropriated the $3,000 to pay his salary passed on June 22, 1936, and provided that the money was to be paid for the services of “general counsel." The question was referred to the Comptroller General as to whether or not funds could be paid to an agent under the wording of the act. On August 1, 1936, the Comptroller held that under that act the money could be paid only to persons admitted to the bar. Inasmuch as Mr. Bonnin was not admitted to the bar, his contract was not approved. On December 2, 1936, the Utes executed a new contract whereby they employed R. T. Bonin as their agent and specifically so stated in the contract,

leaving out any reference to general counsel and providing that all the services were to be in connection with matters not involving litigation in any court of law or equity. The services are to be performed before the various departments of the Government and the committees of Congress. This contract was approved on March 2, 1937, by the Commissioner of Indian Affairs and the Secretary of the Interior, in accordance with sections 2103 to 2106 of the Revised Statutes of the United States.

(g) At a council meeting held on March 31, 1938, the following resolution was adopted:

"Be it resolved by the Uintah and' Ouray Tribal business committee, That gratuity funds be appropriated for additional range riders, and that if gratuity funds were not available that tribal funds be appropriated to pay three additional riders at a salary of $90 per month each for 12 months."

No gratuity funds are available, and the increases requested in the forestry and extension appropriations are not sufficient to cover this need. The superintendent, in commenting upon this need, states that two range riders, and the two employees now on duty, will be sufficient for the present.

The Indians at Uintah and Ouray have $115,400 deposited in the Treasury. Their income last year was $7.890. The population of the Uintah and Ouray Reservation is 1,304.

Mr. GREENWOOD. Mr. Chairman, this is the same sum that has been appropriated annually for some years for the purposes outlined on page 221 of the justification, which are employment of special police, fair premiums, burial expenses of indigents, maintenance of experimental plots, travel expenses of farm aides, compensation of agent, and employment of range riders; $3,000 is for the payment of an agent employed under a contract approved by the Secretary of the Interior. That agent has been employed for some years by the tribe.

PUYALLUP INDIAN TRIBE, WASHINGTON

Mr. JOHNSON of Oklahoma. For the Puyallup, $1,300 for upkeep of the Puyallup Indian cemetery.

Mr. GREEN WOOD. The following justification is submitted for the record.

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The Superintendent of the Tulalip Agency, Wash., has administrative supervision over the Indians of the Puyallup Reservation, which contains 17,460 acres, all of which has been allotted to individual Indians with the exception of 598 acres set aside as an addition to the city of Tacoma, and in which the Indian tribal cemetery is located. There are 319 members of this tribe. The present balance of their credit is $49,793, which includes a trust fund of $25,000 set aside by specific legislation, at the request of the tribe, the interest thereon to be used annually for the upkeep of the Puyallup Indian Cemetery. The amount asked represents the interest that has accumulated on this trust fund. The act authorizing the establishment of the trust fund, and the use of the interest therefrom, approved March 28, 1928, is as follows:

"That the Secretary of the Treasury be, and he is hereby, authorized and directed to set aside on the books of his office under an appropriate designation the sum of $25,000 from the tribal funds of the Puyallup Indians accruing under the Act of March 3, 1893 (Twenty-seventh Statutes at Large, page 633), as a permanent trust fund at 4 per centum interest, to be credited semiannually and used only for the upkeep of the Puyallup Indian Cemetery in the city of Tacoma, Washington, under the direction of and in conformity with rules and regula tions prescribed by the Secretary of the Interior, upon appropriations."

Mr. GREENWOOD. We are asking, as you will note, for an increase of $300 for upkeep of the Puyallup Indian Cemetery.

211881-40-pt. 2—-82

Under the act passed in 1928, $25,000 of the funds of these Indians were set aside as a permanent trust fund, the income from which was authorized to be used for the upkeep of the tribal cemetery located at Tacoma, Wash. The $1,300 requested here is for the upkeep of that cemetery.

TAHOLAH INDIAN TRIBE, WASHINGTON

Mr. JOHNSON of Oklahoma. For the Taholahs $11,500.

Mr. GREENWOOD. The total of $11,500 for the Taholah Agency would permit the use of $9,500 from the tribal funds of the Makah Indians, and $2,000 from funds of the Quinaielt Indians. For the fiscal year 1940, the sum of $15,150 was authorized to be expended from funds of the Shoalwater Indians also under this jurisdiction. No funds are requested for this tribe in these estimates.

MAKAH, SHOALWATER, AND QUINAIELT INDIAN TRIBES, WASHINGTON

Mr. JOHNSON of Oklahoma. For the Makahs, $9,500, and for Quinaielt Indians, $2,000.

Mr. GREENWOOD. The following justifications are submitted for the record.

Appropriation, 1940_.

Total estimate, 1941

---

$9,500 9,500

Most of the 408 Makah Indians reside in the village of Neah Bay which embraces about 129 acres of land. Upon the request of the tribe, the amount of the 1940 estimate was increased by the House committee to provide for the improvement of streets, sidewalks, and roads within the vollage. The tribal council on July 19 adopted resolutions requesting that $4.500 be made available for the same purposes during 1941. With this sun, the tribe proposes to place a seal coat on 3.8 miles of the road that extends from the east boundary of the reservation through the village, to surface 2 miles of streets, and to lay approximately 975 feet of cement sidewalk. The tribal resolutions request also an appropriation of $1,500 of tribal funds to improve the water supply of the village and to purchase equipment for fire protection.

The remainder of the sum requested for 1941 will be expended for the relief of indigent members of the tribe and for burial expenses.

The balance to the credit of the Makah Indians is $212,394. The income during the past year amounted to $18,026.

Appropriation, 1940----

Deduct nonrecurring and other items not required in 1941: Reservation survey and improvements__

$15, 150

15.150

The Shoalwater Reservation, consisting of 334.75 acres of land, was created by Executive order of September 22, 1866, for the use of 30 or 40 families of Indians residing in the vicinity of Shoalwater Bay. In 1927, only 3 families remained on the reservation and all members of these families had been allotted on the Quinaielt Reservation with the exception of 4 children. On April 6, 1927, the President granted authority for allotting the Shoalwater Reservation to these children in accordance with the act of February 8, 1887 (24 Stat. 388), as amended. The allotments were never made, however, and all persons who would have been entitled to allotments have since taken allotments on the Quinaielt Reservation. Authority for making allotments on the Shoalwater Reservation was revoked by the President on December 12, 1932. On October 16, 1936, the superintendent of the Taholah Agency reported that eight families had permanently located on the Shoalwater Reservation. These Indians have not title to the land upon which they have built and are maintaining homes, and it appears advisable to consummate some arrangement whereby they would be assured of permanence in their occupancy of the

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