COMMITTl? 3C ON INDIM7 AFFAIRS WILL ROGERS, Oklahoma, Ch& mlan. WILBURN CARTWRIGHT, Oklahoma BERNARD J. GEHRMANN, Wisconsin JOE L. SMITH. West Virginia SAMUEL DICKSTEIN, N ~ WYo rk DEWEY W. JOHNSON, Minnesota THOMAS O'MALLEY, Wisconsin R. T. BUCKLER, Minnesota ICNUTE HILL, Washington ELMER J. RYAN, Minnesota FRED C. GILCHRIST, Iowa JAMES F. O'CONNOR, Montaaa FRED L. CRAWFORD, Michigan NAN W. HONEYMAN, Oregon , FRANCIS H. CASE, South Dakota JOHN R. MURDOCK, Arizona FRED J. DOUGLAS, New York HARRY R. SHEPPARD, California ANTHONY J. DIMOND, Alaska WILLIAM H o w m PAYNECl, e rk H. a. B m m rLssLstMt Clerk n eaywueu rruru ~ rlvtrr~ u nux un urigarion worm 01 rne nlamarn nexervarion, uregon Be it enacted by the Senate and House of Representatiues of the United States of America A Congress assembled, That the amount of tribal funds of the Klamath Indians heretofore expended for construction and operation and maintenance of irrigation systems on the Klamath Reservation, Oregon, shall be reimbursed from the Treasury of the United States and placed to the credit of the Klamath Tribe and be available for such expenditures for the benefit of said tribe as Congress may hereafter direct. [ H. R. 6974, 76th Cong. 1st sess.] A BILL To authorize payments in lieu of allotments to certain Indians of the Klamath Indian Reservation in the State of Oregon, and to regulate inheritance of restricted property within the Klamath Reservation Be it enacted by the Smate a?~ dH ouse of Representatives of the United States of America i? x Congress & 88Cmbled, That as used in this Act the term " Klamath Tribe" includes the members of the Klamath and Modoc Tribes and the Yahoos-kin Band of Snakes and all other Indians having rights on the Klamath Indian Reservation in the State of Oregon. SEC. 2. Each enrolled member of the Klamath Tribe living on the date of the enactment of this Act who has not received an allotment of land shall be paid the sum of $ 1,500 from unobligated Klamath tribal funds on deposit in the Treasury of the United States, under such rules and regulations as the Secretary of the Interior shall prescribe, in installments of not to exceed $ 300 per annnm : Provided, That no member of the Klamath Tribe having rights on the Klamath Indian Reservation, but not enrolled, living on the date of the enactment of this Act who shall be enrolled after one year from the date of the enactment of this act shall receive a payment in lieu of allotment. No member of the Klamath Tribe born after the date of the enactment of this Act shall be entitled to receive any allotment of land or money payment in lieu thereof. 1 2 CREDIT CERTAIN PAYMENTS TO . IiLBMATH INDIANS SEC. 3. The payments herein authorized shall be deposited to the credit of the individual Indian money accounts of such Indians subject to expenditure by such Indians, under such rules and regulations as the Secretary of the In-terior may prescribe for ( 1) industrial and agricultural assistance, and the con-struction and improvement of homes, including the purchase of land and inter-est in land, buildling material, farming equipment, industrial equipment, truck% livestock, feed, food, seed tods, machinery, impleanen&, ding, clothing, an6, ang otjher weqnipment or supplies dims to flt themselves for or to engage in the farming, livestock industry, or such other industrial or argiculturalpYrsnita. or avocations as will enable them to become self- supporting; ( 2) the educational advancement of such Indians; ( 3) financial assistance in cases of illness, death, or other emergency ; ( 4) the repayment of reimbursable tlebts previously dolrtracted; or ( 5) security for or the repayment of loans made to such Indians from any Klamath revolving loan fund now existent or which shall hereafter be created. SEO. 4. In the event &- the death af any such Indian entitled to receive a papnent in Beu of afiqtnient after the date of the enactment of this Act, the uneipended balance of kuch payment remaining to the credit of such Indian tin* be appUed'& o Joe repayment of any bans leEehed by mch Indian fram% t United States or from the Klamath Tribal funds, and the WhCe there-shall be distributed as gersonal property. - Sras. 5. Bayhfter of@ enrolled meqbers of the Klamath e i b e of not lesra than1 ons~&~ teehtb~ T& ald~ ie n , blood of the Klamath Tribe shall inherit & take by devise any restxictjxl m trnst groper& Within the BBamsth Reservatbaa: Prouided, That the 6urvivin gpowe shall be entitled to the use of one- balf lplrt during his or her natural gfe of all the land included in any sue9 property whereof the decedent was Seieed of an estate of ifiheritance at any W e during coverturer SEO. 6 If any enrolled member of the mamath Tribe cPles witbout kwfd heirs or devisees, all interest which such member has in any restricted or trnst prop erty within the Klamath Reservation shall revert to and become part of the common tribal property. - [ H. & 6976, 76th Cong., 1st sess.] 4t enaot&, By the 8emct' 8,& Emme of @- sent~: tC. aer, of th lidt& i Ikctsg of Amenloo irc Uawmw creemhzed, mat tbe Secrem of thre IhberioaJm3hnW with the fiscal year ending June 30, 1937, ts hereby autlaoriaed. and diM+& ed fn pay, out of any mobligated tribal funds of the Klamath Indians in the Treasury of the United States, to oflicial delegates ef- that tribe, whenever on businw at the seat of government, and to members of the business committee and ofUcers of the general council. of W tribe whenever a& UaUy engaged upon tribal hu&- ness, a per diem to be approved by the. tribal council of said tribe, or it$ amor-bed bnsirress mtnmPtW, aot howeuek to exceed p, in Lten of all ath& comwn-sation and expensed: PMaZ& e&, That official delegates of the tribe on bnetam at the seat of government shall also receive the usual railroad transportation to and from the seat of go~ erpment.,~~ Wtchhe Seemetry of the Imterhw la d'lsa gathorim md directed to pay. aut of any unabligated * ibal fund# of ' the Klamath Sndfens in tbe Treasuzy of the United States. , Beo@ hy tM b% We and H w eo f & mgntatcues of 6b ChMt% B6 tde8 ef ? dmHcm ia rOoragreer ss8mbZed, That the Secretary 08 the btetiw'ia hereby m€ hbrb& to estabHah, out bf any money in the ' m of the dtlbd ; Eltat& ta the ,& edit of the I& ians of the Xlamath Reservattsn' in , O m , a a p i t d farld for such Kbmath Indians, am2 tQ set, aside each fiscal ' gar, begb ning with the flscal yea^ 1997, the sum of $ 50,000, mid capital, reBeWe M d to be heldin the Treasury of the United States and to bear interest in accordance CREDIT CERTAIN PAYMENTS TO KLAMATH INDIANS 3 with existing law: Provided, That the interest accruing annually upon said fund shall be used, insofar as it is sufficient, for the payment of the expenses of administration of the Klamath Indian Reservation, in Oregon. SEG. 2. The Secretary of the Interior is hereby directed, under such rules and regulations as he may prescribe, to establish a reimbursable loan fund, out of any funds in the Treasury of the United States to the credit of the Indiana of the Klamath Indian Reservation in Oregon, fram which loans may be made to enrolled Indians of the said Reservation for industrial and agricultural assbt-ance, or for the construction and improvement of homes, including the purchase of land and interests in land, building material, farming equipment, industrial equipment, trucks, livestock, feed, food, seed, tools, machinery, implements, ho- use-hold goods, bedding, clothing, or any other equipment or supplies necessary to enable such Indians to fit themselves for or to engage in farminp, livestock industry, or such other industrial or agricultural pursuits or avocations as will enable them to become self- supporting; for the educational advancement of such Indians ; for financial assistance in cases of illness, death, or other emergency ; for the maintenance and support of the aged, infirm, or incapacitated members of said Klamath Indian Reservation; or for the repayment of reimbursable loans previously had by such Indiana from tribal funds : Provided, That $ 100,000 shall be set aside for such purpose during the fiscal year ending June 30, 1938, and that $ 50,000 additional shall be set aside for said purpose during each of the next three succeeding fiscal years: Provided further, That in addition to the foregoing the Secretary of the Interior shall immecliately set aside for such purpose the unexpended balance of any funds heretofore appropriated or author-ized to be used for the establishment of reimbursable loan funds for industrial assistance or for any other purpose, out of the Klamath tribal funds. SEU. 3 . Tbe ~ ehnbursablel oas fund provided for in section 2 hereof shall be administered by a loan board composed of enrolled members of the Klamath Reservation, of not to exceed five members, under rrnd subject to such rules and regulations as the Secretary of the Interlor may prescribe: Provided, That the expense of administering this fund, including a per diem for members of the loan board as authorized by the Secretary of the Interior, shall be paid from said loan fund. After the fiscal year 1939 the aforesaid expenses of a& ministration shall not exceed the amount annually received from service fees, surcharges, and interest paid in on loans. Sm. 4. For the purpose of providing adequate secllrfty for , any loans made from the rerolwing reimbursable loan fund pravided for in section 2 hereof, the Indians of the Klamath Reservation are hereby a a t h o r i d , in addition to any unrestricted real or personal property owned by them, to include in the seeuri-ties offered therefor any lands, interest in lands, rights, funds, future per-capita payments or other distributions of tribal assets, or other property, real, personal, or mixed, of any nature belonging to individual Indians of said Klamath Reservation, whatsoever, heretofore regarded or classed as trust or restricted Indian property. SEC. 5. All repayments made upon any loans made from the xeimbursable loan fund herein provided for and all repayments made upon any loans made from reimbursable loan funds for industrial assistance or for other purposes heretofore established out of Klamath tribal funds, and all interest, surcharges, and service fees paid upon such described loans, shall be credited to the re-imbursable loan fund herein provided for and shall become available for the purposes herein authorized. ( The letter referred to is as follows.:) DEPAX~ EONF TT HQ I N T ~ O R ~ Washington, April 28, 2937. Hon. WILL ROOE& S, Chairman, Committee un Ind4an Affairs, House of Representatives. MY DEARM R. CHAIRMAN: Further ' reference is made to your communhakion ' requesting a report on H. R. 16071 to credit the Klamath Indian tribal funds with certain amounts heretofore expended from tribal funds on irrigation works of the Klamath Reservation, Oreg. This matter was given consideration by a committee appointed under the provisions of the act of July 1, 1932 ( 47 Stat. 564), which authorized the Secre-tary of the Interior to adjust or eliminate reimbursable chazges of the Govern-ment existing as debts against individual Indians or tribes of Indians. The 4 CREDIT CERTAIN PAYMENTS 1' 0 KLSMBTH INDIANS committee in its report on the Klamath Reservation recommended that the tribal money used in the construction of that project be reimbursed to the tribe by an act of Congress. ( See H. Doc. No. 501, 72d Cong., 2d sess., pp. 56- 64). The reimbursement of the tribal fund as contemplated in the proposed legis-lation would not, however, relieve the land of the reimbursable feature pro-vided under existing irrigation laws. The act of August 1, 1914 ( 38 Stat., 583). shifted the reimbursable costs from a tribal obligation to the individuals who own the lands benefiting under the various irrigation projects. This obligation against the land is, of course, subject to the provisions of the act of July 1, 1932, supra, whereby assessments for irrigation construction costs are deferred , until such time as the Indian title thereto shall hare been extinguished. Upon the enactment of the proposed legislation all reimbursements would, of course, be credited to the Treasury funds. As a precedent for such action attention is invited to the provisions of the act of Congress 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: I " That the tribal funds heretofore covered into the Treasury of the United States in partial reimbursement of appropriations made for con& ructing irriga-lion 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." There is now pending a suit in the United States Court of Claims known as The Klamath and Modoc Tribes and Yahooskin Band of Snake Indians v. The United States of America, which suit was filed under authority of the act of Congress of May 26, 1920 ( 41 Stat. 623), conferring jurisdiction upon the Court of Claims to hear and determine all legal and equitable claims of the plaintiffs against the United States. One of the features in this suit is an accounting of the financial transactions of the Government with these Indians, and the tribal expenditures for irrigation works is one of the items involved. Un-doubtedly the matter can be expedited by the enactment of the proposed legis-lation. Thereafter the court in rendering its decision in said case would take into consideratiolt the action on this item by Congress. Should this legislation be enacted, it is estimated that the eventual charge against the Federal Treasury will approximate $ 80,000. While I personally favor this proposed legislation, the Acting Director of the . Bureau of the Budget in connection with the proposed introduction of an omnibus bill at the request of this Department, which if introduced and en-acted would have authorized reimbursement to several Indian tribes for irrigation expenditures from their respective tribal funds including the Klamath Tribe, has advised that it would not be in accord with the financial program of the President. In this connection I invite attention to H. R. 4950, reported to the House on March 25 ( H. Rept. 474), and to S. 162l, passed by the Senate on April 12, and . now pending in the House. If either of these bills eventually pass, there is no necessity for the passage of H. R. 6071, as the Klamath Tribe is included in both of the bills flrst mentioned. Sincerely yours, CHARLESW EST, ActCg Becretarg of the Interior. STATEMENT OF BOYD J. JACKSON, DELEGATE FROM KLAMATH INDIAN RESERVATION ' Mr. JACKSMOr. NCh. a irman, the primary purpose on my part for asking you to call this special meeting of the committee is that I plan on leaving here the 15th of May, and I have four other bills besides this, on which, however, the reports have not yet been completed and made, so it does not seem possible that they will be ready for the committee before the 15th, hence I desire to get the feeling and atti-tude of the committee on these bills. I wanted to get that person- ally prior to my leaving, and if there are any parts of any of these bills that the committee feel that the want to get direct statements on, as far as I am concerned, as an o 2 cia1 representative of the Kla-math Indians, then I would be here to give it. If the attitude and feeling of the committee is favorable, I feel that the tribal attorneys would then be in position to carry the work on through. That IS, as far as we have agreed on this bill. The CHA~ MANGi. v e the number' of this bill so that the record will show specifically what bills you are referring to. Mr. JACKSTOheN bi. l ls that I am referring to are H. R. 6071, H. R. 5976 H. R. 5974, and H. R. 5975. d i t h reference to H. R. 6071, which has to do with the refunding of certain funds that have been expended from Klamath tribal funds for irrigation purposes, this bill has been pending on the part of the Klamath Indians for some years past, and the Klamath In-dians still feel that the amount that has been expended for this purpose should be repaid., and inasmuch as the Klamath Indians still have that feeling and it is their desire and wish, I shall instruct the tribal attorneys to continue to press for the passage of the bill in just that form without any changes. If there are any questions to be asked regarding this bill, I would like to be permitted to answer them at this time, and if I can justify for the Indians as to any changes, I am here at the present moment to make my such changes that might be suggested, providing I feel that they are agreeable to them. The CHAIRMAND. id I understand you to say that you were anxious . to secure the reaction of, the committee relative to these bills that you have mentioned ? Mr. JACKSYOesN. . The CHAIRMANY. OUu nderstand it would be impossible for you to get that at this time because the committee could not even indicate what it might do relative to these bills until they are actually con-sidered by the committee for action. I realize that you would like to go back to your people and make a report. Libout all we could tell you now is that when we get to these bills we will give them every possible consideration. Mr. JACKSIOn oNth. e r words, Mr. Chairman, I am to understand then that what I learn today would have no direct bearinf as to just the ultimate outcome of the h a 1 action of the committee. The CHAIRMANT. h at is right. We would not want you to in-torpret this hearing as proof that the committee might take favor-able action on the bills because that is a- matter that no one can pre-dict because the bills have not been considered yet by the committee. STATEMENT OF S. M. DODD, OFFICE OF COMMISSIONER OF INDIAN AFFAIRS Mr. DODDA. s I see it, the real purpose of t. he meeting at this time is to get direct from Mr. Jackson, the representative of the tribe, the viewpoints of the Indians of the tribe. Mr. Jackson is here as an ac-credited representative of the tribe. He has been instructed to take up certain matters. He has been working with the tribal attorneys and with the Indian Office on these legislative matters, and every-body concerned is in agreement, I believe, with the various, bills that 6 CREDIT CERTAIN PAYMEKTS TO KLAMATH INDIANS he has suggested fc that he wants to le matter of record tlr of these matters. The CHAIRMAN. Mr. DODD. The I ' 1 he CHAIRMAN. Mr. DODD. You 13 tribal fund with e: i> urposes. D r consideration this morning, and he has stated ave at the end of the week and wants to make a le viewpoint of the tribe in connection with each Has the Department studied each of these bills? lepartment has studied each of these bills. ,4nd is in favor of all of them? Lave before you now report on t, he bill to credit the npenditures which have been made for irrigation M thre n b o ~ that " L X W . , .." L, AL. " V ." L -.- A. the Klamaths, and thj math Indians. Is it n an unfavorable report Mr. DODD. Yes. The CHAIRMANT. hj While I perso~~ allfpav o Bureau of the Rndget i omnibus bill at the reqnt acted woiild have author gation espenditures from Tribe, has ndrised that i of the President. What I am trying recommended against can be given as a rear he CHAIRMAN$. 8 0,000. Mr. DODD. That would be the approximate am01 The CHAIRMANT. he Indian Office favors this legis~ anonE ra - me Secretary of the Interior favors it, but the Bu has recommended that it is not in accord with th of the President because of other legislation w ipated Mr. DODD. That is correct. It should be stated hearing that there is already on the House ca - which is a general bill and would include the bill has met with one objection after another am, as I recall now, is no longer on the consent calendar, and wo~ ldha ve to be called up on calendar Wednesday. The CHAIRMANT. hat is the bill to repay these Indians for amounts pre- v- iously paid , on irrigation projects? r. DODD. Tribal funds, and the total of that bill is in excess of e million dollars, and there again the Rlamath interest is $ 80,000 ~ t . The Indians feel, however, that, if their bill is reported out, it may have a chance of passage because it i q 9 lnrnl mpnmrp and involves only a small amount of money. Tho CHAIRMANI. have two questions to ask r + hot wrn~ ld rnlwr nthqr groups of Indians in ad IS one which would specifics lot a fact that the Btmeau o on H. B. 4950' 1 STATEMENT OF E. L. Mr. WILKINSONI. t nibus bill which appi . care of these irrigatio The CHAIRMANB. u. reau of the Budget le financial program . hich may be antic-at this point in the , lendar H. R. 4950, Klamaths, but that T 11 ~ s letter from the Secretary 2 r this proposed legislation, the ArLuqj u r l r c r w l yIL n connection with the proposed introdnction of an . st of this Department, which if introduced ni~ d ex-ized reimbursement to several I their respectire tribal fnnds, il t would not be in accord with 1 ndian tribes for irri- ~ cluding the IZlnmnth ' he financial lrogmrn to get at is, since the Burc the other bill, I cannot see son for recommending agaii WILKINSON, TRIBAL ATT( INDIANS : an of the Budget why the other bill 7st this one. IRNEY, KLAMATH might or might not. Thc o ~ n e rU III IS MI om-ropriates more than 3 million do1 n refunds. t the Bureau of the Budget is agaii lari to take nst that. CREDIT CEItTSIX PAYMENTS TO KLAMATH INDIASS 7 Mr. WILKINSONY. es; but this is only approximately an $ 80,000 refund to the Klamath Indians. On principle it would seem to me that if the Bureau of the Budget recommends against one, it would recommencl against all, but there is a different amount. The CHAIRMANW. hy should it give the fact that the other bill might be passed as a reason for recommending against this one? Mr. WILICINSONI. t should not. I agree as to that. The CHAIRMANI. t should not raise that point at all. Mr. TVILI~ TNSOIN t. a ke it from the paragraph that you read there that is no objection on the part of the Bureau of the Budget, but was an expression on the part of the Secretary to fully inform you that the other bill was before Congress and had been objected to by the Bureau of the Budget. Mr. DODDW. hat was done in this ( prepared and started through for co which m- oulcl meet all of these variou the Budget reported adversely on that involved of crediting these tribal fm saw the Budget report involving that not submit back to the Budget Bureau question mas involved in H. R. 6071. ' npon the adverse Budget recommend2 it was the principle of the thing, and time in getting further comments fror type of legislation, so we prepared a the committee as fully as possible on tk The CHAIRMANIf. this bill ( H. R. 6 the United States Government lose an individnals who receive benefits from 1 burse the Government so that nothir the Governnlent? Mr. DODD. The United States would vour two questions. Irrigation charg kndian lands so long as those lands and, therefore, so long as the lands of tinue to be held by the Indians, there the United States, but where the lanc ownership and are now controlled by will make their constrnction repayme go into the United States Treasury to ment in the irrigation projects on the The CHAIRMANS. uppose this legislr Government has inade charges against probably $ 80,000. and the Government whose lands receive benefits, if they ar s. Is the Government in a position, toject ? Mr. DODD. No. The CHAIRMANI. f it would not 10s ce it would make money the other w: Mr. D~ DDI. t makes money so long as it withholds from the Jamath Indians the amounts which have been expended from Klamath funds for this construction. Mr. WILKINSONI. t makes money on it now. P 8 CREDIT. CERTAIN PAYMENTS TO KLAMATH INDIANS Mr. DODDI. will call attention to one statement in the report. You are familiar with the Leavitt Act of 1932, which authorized the Sec-retary of the Interior to cancel certain reimbursable charges, and t. he Secretary of the Interior has transmitted to Congress from time to time his recommendation for certain cancelations. In House Doc-ument 502 of the Seventy- second Congress the Secretary called atten-tion at that time to the situation of the Klamaths and recommencled that tribal money used in the construction of the project be reim-bursed to the tribe. The Secretary can cancel certain costs which have been paid from the Federal Treasury, but he cannot go in and reimburse those tribal funds without legislation such as contained in this bill. The CHAIRMANH. a d you finished, Mr. Jackson? Mr. JACKSON. Just a matter of further information regarding the system. I might say this, that so long as the project is under the present set- up, the Indians are inclined to feel that the Government has no right to assess charges against their property, feeling thab the project was built by their own money and tribal fnnds, hence should not be charged water charges, and it creates a very bad feel-ing with that idea in the minds of those people that are affected. Hence, if this bill is enacted and the money is refunded, then the set- up would be entirely different. They would then realize that they were under a system wherein the Government is in a position to make these water charges, and also to probably collect them in the end. It would be an inducement for them to go out and get busy with their land or find ways and means of making use of those lands. The CHAIRMANT. h en you contend that if the Government would pay the Klamath Indians the $ 80,000, the Indians would be willing to I pay water charges for benefits received from the a- djacent projects? Mr. JACKSYOeNs. . They receive water now and they pay for the water charges now. But they have the feeling that those assess-ments should not be levied against them. The CHAIRMANI. understood the Indian- owned land did not pay. Mr. JACKSYOesN; t. h ey do. Mr. DODD. They pay operation and maintenance costs but not con-struction charges. Mr. W~ KINSONY. our statement is right. In other words, they feel that since they have not been reimbursed for the original cost, although the imposition of these costs is really in a sense unwar-ranted, if the Government would reimburse them for the cost, obvi-ously, they would be willing to pay for operation and maintenance the same as other people. Mr. JACKSIOt pNut. s us that are sent here in an official capacity, instructed to delve into these matters, in a position where we must understood these things so that we can make it readily understood by them, and we would also be in a position to impress upon them as to Why these matters should be handled in a business- like manner, but, as I said a minute ago, under the present set- up it is very, very difficult to get that point over to them. They just cannot see where and how the Government had any business to assert liens against their lands for water charges. So I would like to see this committee recommend favorably on this subject. The CHAIRMANA. re there any further questions? Mr. JACKSTOhaNt is. all. CREDIT CERTAIN PAYMENTS TO KLAMATH INDIANS 9 The CHAIRMANW. e thank you, Mr. Jackson. Mr. DODD. That is all with reference to that bill. The CHAIRMANT. h is hearing was called particularly for H. R. 6071, but since we have the three other bills- H. R. 5974, H. R. 5975, and H. R. 5976- we will now hear from witnesses relative to these bills and include the testimony on all four bills in one volume. The committee will understand that we might be talking first about one of these bills and then another. The next witness will be Mr. Wil-kinson. Mr. E. L. W~ INSO( NK lamath tribal attorney). In the interest of economy of time, may I suggest that Mr. Wanlass make a state-ment as to what these bills contain? The CHAIRMANY. e s. STATEMENT OF R. P. WANLASS, ASSOCIATE TRIBAL ATTORNEY FOR THE KLAMATH INDIANS Mr. WANLASSS. t arting with H. R. 5975, it authorizes the Secre-tary of the Interior, beginning with the fiscal year endhg June 30, 1937, to pay out of unobligated tribal funds of the Klamath Tribe now on deposit in the Treasury of the United States to the official delegates of the Tribe when in Washington, to the members of the business committee, and to officers of the general council a per- diem of $ 8 while actually engaged on the business of the tribe. There is also a provision that the usual railroad transportation and ex-penses shall be provided for by the Government as is done at the present time. As you perhaps know, the present appropriation bill just reported out the other day by the Appropriations subcommittee contains a provision specifically applying to the Klamaths, appro-priating the sum of $ 4,000 for the payment of per- diem expenses, provided that not more than $ 5 per day shall be paid and limiting the Secretary of the Interior as to the amount of time he may allow official delegates to remain in Washington. For the past 4 years the Klamath delegates and their officers and business- committee mem-bers on the reservation have received a per- diem of $ 8 per day, and it is the will of the tribe as expressed in resolutions of the general council that their delegates, while in Washington, and their other officers on the reservation receive this per- diem of $ 8 per day. This legislation is proposed in this manner to remove any doubt of the right of the delegates and other deSignated officials to receive the per diem. The CHAIRMANTh. is per diem is to be paid from tribal funds? Mr. WANLASSY. es. I might say that none of these bills, the three that are being discussed now, involve the payment of. any money from the Treasury of the United States other than tribal funds. Mrs. HONEYMADoNes. this remove the time limit that exists now? Mr. WANLASST. he Department has an amendment to propose which does allow the Secretary of the Interior to set a time limita-tion. Mr. WILKINSON. TO which you agree, Mr. Jackson? Mr. JACKSYOesN. . The CHAIRMANT. hat amendment will be offered at the time that we consider the bill further. 10 CREDIT CERTAIN PAYMENTS TO KLAMATH INDIANS Mr. WANLASSH. . R. 5974 is a bill to authorize payments in lieu of allotments to certain Indians of the Klamath Reservation, for the purpose of compensating in some measure children born since April 15, 1910, the date of the closing of the land- allotment rolls on the reservation, who have not received allotments of land upon the reservation. The bill proposes to pay to these individuals the sum of $ 1,500 over a period of approximately 5 years, with the limitation that not more than $ 300 may be paid in any one fiscal year. This bill has the entire support of the Klamath Tribe. The bill is limited so that onlv en-rolled members of the tribe or those who may be enrolled within 1 year after the passage of the act are included, there being a certain number of them entitled to be enrolled who have not yet received official approval. There is also the provision that no member of the Klamath Tribe born after the date of the enactment of the act shall: have any further or future right to participation in allotments or any payments in lieu of allotment. Section 3 of the bill as proposed pro-vides for depositing the payments to be made to the credit of the individual Indian money accounts, to be expended under such rules and regulations as the Secretary of the Interior may prescribe for certain definite specific purposes. Among those purposes are indus-trial and agricultural assistance, construction and improvement of homes, purchase of necessary equipment to enable the Indians to become self- supporting, to provide for the educational advancement of these individuals, for financial assistance in case of illness, death, or other emergency, and for the repayment of reimbursable debts previously contracted from tribal reimbursable funds, and the fur-ther provision, which fits into our bill, H. R. 5976, that these pay-ments or the anticipation of these payments may be pledged for loans from the tribal revolving fund set up by H. R. 5976. Section 4 of the bill provides that in the event of the death of any Indian entitled to payment in lieu of allotment, the unexpended bal-ance shall not revert to the tribal fund, but shall still remain to the credit of the individual and shall first be applied to repayment of any reimbursable tribal loans that he may have contracted, and that if there remains a balance it shall be distributed as personal property among his heirs. Section 5 of the bill as proposed deals with the inheritance of A A restricted or trust property upon the reservation. It provides that no person who is not an enrolled Klamath of at least one- sixteenth degree Indian blood shall be entitled to take by inheritance or by will any restricted or trust property upon the Klamath Reservation, with the proviso that in the case where an Indian has married a white the surviving spouse shall be entitled during his or her lifetime to the use and occupancy of one- half of the estate in inheritance held by the decedent at the time of his or her death. Section 6 provides that if in any case it is found that there are no lawful heirs or devisees under section 5 the restricted or trust prop-erty shall revert to and become part of the common tribal property. Mrs. HONEYMAASN I. undershand this, it is desired to take care of those members of the tribe that have been born after the allotments closed. Is that the idea ? CREDIT CERTAIN P- 4YMENTS TO KLAMATH INDIANS 11 Mr. WANLASSY. es. Mrs. HONEYMAANn. d that it shuts out all children born after the enactment of this act. I do not quite understand the reason for that. Why is that particular group taken care of? It seems to me that those children born after the close of the allotments are really heirs of their parents and would inherit the allotments made before that time. So why are they now given something in lieu of allotments, whereas the future members are not? The CHAIRMANT. h e ones born after the passage of this act prob-ably will not be heirs to anything, because they will be born to the children and will be grandchildren of the ones to receive allotments. Mrs. HONEYMANTh. e heirs to the grandparents? The CR~ IKMAINf . t heir parents have not taken care of their allot-ments, which is the usual case in most Indian cormunities, the chil-dren born after the enactment of this act might not have a chance to inherit anything, while the ones that this act applies to would more likely inherit. Mrs. HONEYMAIfN th. ey do not take care of it, there is no reason t$ suppose that the ones that profit by this act will take care of it for the benefit of those who come after. The CHA~ MATNh. e longer you wait, the less there will be. Mr. WANLASSIt. is felt by the Klamath Indians that those born after the closing of the rolls in 1910 are entitled to the same treat-ment as those born prior to that time. It is unfortunate they do not have enough irrigable land or land suitable for a cultural purposes remaining on the reservation to give every inf il" v idual Indian en-titled to such an allotment an allotment for his support, and it is the present attitude of the tribe that the grazing lands there, also subject to allotment should be reserved as tribal property in order that a checkerboard situation will not be created on the grazing lands. Not being enough land, the next best thing was to give the individuals money, and so circumscribe the use of it to enable them to become self- supporting or give them an education that will accom-plish the same purpose. As to the future- born individuals, that, of course, raises the question as to what they are going to do in the future. We do hope, however, that this will be the final time that the rolls will be opened and that papments will be made in lieu of those allotments. We want this to be the final act of this sort, and we so provided in the act. The CHAIRMAND. O I understand you to say that the Indians want this legislation. Mr. WANLASSV. e ry much. The CHAIRMANT. h at proof can you give the committee that the Indians want the legislation? Mr. WANLASSI. should be glad to supply the committee with a copy of the tribal resolution, This bill, not in this same form, but in , a substantially similar form, was before Congress at the last session. As I understand it, the Commissioner of Indian Affairs asked that no action be taken until such time as the tribe had an opportunity to vote on it, and a general council was called specifically for that purpose last summer. After full discussion of this bill and several alternatives, the general council approved the measure which is contained in this bill. 12 CREDIT CERTSIN PAYMENTS TO KLAM. 4TH INDIANS The CHAIRMANA. pproximately, how many members of the Klamath Tribe? Mr. WANLASST. here are aboutWl, 410en rolled members. The CHAIRMANH. OWm uch money do they have to their credit? Mr. WANLASSA. t the present moment they have about $ 160,000. They have an annual income of approximately 1/ 2 million dollars. The CHAIRMANA. bout how many individuals would receive this $ 1,500 8 Mr. WANLAMA. S nearly as we can approximate it, 850. The CHAIRMANT. his would in no way deplete the Klamath fund? It would not reduce it so that they would have a negligible amount left ? ' Mr. WANLASSN. O. Prior to writing up this bill and in our dis-cussion with the Department, before presenting the bill to Congress, I went into this situation with Mr. Shipe, and came to the conclusion that all the fiscal program as outlined in these bills, plus the neces-sary appropriation for administrative expenses, could be met out of the normal income and still leave some money in excess. a The CHAIRMANI. n other words, it would not touch the principbl they have on hand. Mr. WANLASST. here will be a balance left. The CHAIRMANI. asked you how much money they had to their credit and you said $ 160,000. This legislation would not take any of that away? Mr. DODD. I will answer it in this way: The capital fund in the Treasnry at this time is $ 160,000. Their income from timber prob-ably this month will take that to $ 260,000. Their money is coming in and going out. At the presenl time the capital fund of the Klamaths has been paid out in per- capita payments, and the tribe itself has taken the initiative of stopping that. Answering your spe-cific question, the $ 160,000 may or may not be. What we are hoping is the income coming in each year will take care of it, and I will call attention to the text in lines 4 and 5, page 2, which provides that these payments shall be in installments to not exceed $ 300 in any one year so that there will not be a drain against the funds of the Klamaths in excess of their revenue. Mr. WILKINSONI . w ill make this additional explanation in reply to Mrs. Honeyman's question. As their tribal attorney, I recognize the merits of the objection you have raised, and it was given some consideration in drafting this bill, but the fact of the matter is that we had to deal with the funds on hand and it was impossible with the present funds in the Treasury to leave open for future genera-tions a bill which would provide for payments to those future gen-erations. We didn't know whether there would be enough money at that time to make those payments. If we care for the present generation, as this bill contemplates, and if the present generation, as is hoped, uses the money in part for education and for other means that will advance their civilization, ii, is hoped that by the time the present generation grows to adult life, possibly thev will have created a situation whereby it will not be as necessary in the future to have these payments to future generations. This was the situation, in fact, we were dealing with, and it was the only way we could stretch the money out and do justice now. Even though it CREDIT CERTAIN PAYMENTS TO KLAMATH INDIANS 13 niay not do justice to future generations, we hope their civiliza-t, ion and education will be such t. hat at that time they will not need it,. The CHAIRMANIS. there any legislation or restriction on this $ 1,5001 Mr. WILKINSON. It applies to members who have been born since the allotment act of 1910 and up until the date of the'enactment of this bill. The CHAIR~ NIn. line with Mrs. Honeyman's suggestion, $ t would be reasonable to expect that if the amount called for in thls bill can be paid from income and still have some of the income left, that it would a190 take care of the children that were bmn later unless something happens that the income stops. Is that likely? Mr. WILKINSONO. f course, that is true. This bill provides that no member of the tribe born after the enactment of this bill shall be permitted to participate in this fund, and, of course,. if the situa-tion actually comes into existence in the future where it then seems advisable, it will always be possible for future Congresses to again reopen the matter and give additional allotments to children born after this act. If time proves we are wrong in trying to take care of the present generation, we hope that education will be such as to take care of the future generations, but any future Congress can at any time award money to future generations, providing the money is there. Mrs. HONEYMAINn. regard to the question I asked Mr. Wanlass about the tribe, I do not mean to imply any doubt about the authen-ticity of what you say, but judging from my short experience on this committee, it seems to me the written agreements of tribes do not really amount to very much, do not mean very much, because . they say, " we want this and want that", and later say they didn't laow what it meant, and so forth. Also I do not question the fact that often the Bureau and their counsel know what is better for the Indians than they do themselves, but as far as their approval being given to this as something they want, it does not mean very much. Mr. WANLASSM. r. Jackson, who is present, was secretary of the council meeting and will be glad to tell you about that. As a matter of fact, I have a copy in my office of the minutes kept by Mr. Jackson. Mrs. HONEYMAI Ndo. not question your good faith. The CHAIRMANI . a m encouraged from the fact that Congressman Pierce introduced the bill, and he is a friend of the Indians, and that, makes me think possibly the Indians desire it. There is one other bill. Mr. JACKSIO wNan. t ed to make this statement for the benefit of. Mrs. Honeyman in regard to this bill that we are discussing. The Indians have been supporting this bill for over a period of 10 years. In the original form it was a part of what is known as the final roll) bill, and that final roll bill passed both Houses here during one of. the late sessions but was vetoed by the President because of the final roll feature of the bill. However, the Department has been favor-able as far as the phase of the bill now before this committee is con-cerned, and we were then led to believe that if we divided the origi- nal final roll bill into its two parts we wokd be successful. If we passed a bill of this nature, we would at least be satisfied to that extent from the Indian standpoint as a whole. This phase of the bill has been discussed pro and con for that length of time, so the Indians all realize and we understand what it is all about) and time and again they have voted in support of it. This other bill that we are going to discuss will also take care of that question you asked as to what might happen in the future. I think we have provided for that. H. R. 5976 Mr. WANLASSH. . R. 5976 is divided into two main subdivisions, The first paragraph provides for the creation of a capital reservel fund out of tribal moneys now on deposit in the Treasury of the United States. To that fund are to be credited annually sums of $ 50,000 insofar as the annual income of the Klamaths will permit, and it is contemplated that this fund will remain on deposit in the Treasury of the United States and shall not be subject to expendi-ture except at the express will of Congress. The purpose of this fund is to compensate for the depletion of the forest assets of the Klamath Tribe. The second section of the bill creates a revolving loan fund which shall be available for loans to enrolled members of the Klamath Tribe for certain specific urposes, including assistance in becoming self- supporting through tg e purchase of machinery and equipment, livestock, through construction of homes and other similar enter-prises, for educational advancement, assistance in case of illness, and also for the maintenance and support of the aged and infirm mem-bers of the reservation. The remaining sections of the bill provide for machinery of the operation of the loan fund. It is felt at the present time, at least by Mr. Jackson and the attorneys representing the tribe, that if we can persuade he Commissioner of Indian Affairs, the actual handling of these funds shall be turned over to the Indians in order that they may become acquainted with the fiscal aspects of their own affairs. Mr. DODD. Getting back to the question you raised with reference to the funds, all of these bills now being presented estimate the annual income at $ 500,000 from sale of timber, and the closing of the allotments will call for an expenditure of $ 250,000 a year. The revolving loan fund of $ 100,000 a year, and $ 50,000 4 years after that, and the capital fund of $ 50,000 indefinitely, and then an amount of $ 75,000 a year for agency administration. Until the interest on the capital fund is sufficient to cover that cost, those four items total $ 475,000, leaving a small nest egg of $ 25,0001 on a level income of $ 500,000 a year. The CHAIRMANY. OUh ave another bill that provides $ 8 per diem. Mr. DODD. We include that in the $ 75,000 annually appropriated by Congress. We have gone over this whole thing from the financial aspects and the wishes of the Indians, and we have had the resolution of the tribe, consulting with the attorneys of the Klamaths, and have presented an intelligent scheme looking to their own self- advance-ment, a scheme which is far superior to this semiannual or quarterly dole of $ 50 per capita or $ 100 per capita, which is used for mere CREDIT CERTAIN PAYMENTS TO ICLAMATH INDIANS 15 sustenance, and with which there is no lasting benefit, and I think all of us are in accord that this is a forward step in the permanent re-habilitation of the Klamaths. Mr. WILKINSON. Actually this plan is opposed to their spending all of the money. It contemplates setting aside $ 150,000 in a revolv-ing loan fund or in a capital depletion fund immediately. The $ 50,000 set aside in the capital depletion fund annually will in the course of time grow to such an amount that the interest therefrom will actually take care of their administrative expenses. In other words, it is in the interest of conservation that they are presenting this combined group of bills. Mrs. HONEYMANI . t ake it that it has the approval of the Com-missioner, and it is my understanding that the Bureau was very much in favor of this as set forth. Mr. DODD. That is correct. Mrs. HONEYMANY. O Us poke of expenditures to assist in taking care of cases of illness. Is that not provided for the tribe on the reservation, medical care, free of charge ? Mr. WANLASST. he Klamath Tribe maintains out of tribal funds a hospital on the reservation. The reference to financial assistance in case of illness or death in the bill contemplates cases where it is necessary to secure additional special attention, and also in cases of death in the family where it is necessary to provide funeral expenses. We have, as you know, cases of illness in the family that create hard-ship, sometimes removing the wage earner, and it is in those cases where extreme emergency can be shown that the loan fund shall be available to tide them over the emergency period. Mrs. HONEYMANI . k now that the Grande Ronde Indians in Oregon get their medical assistance from the physician at Chemawa. It is my understanding that he goes over there to make weekly visits. Mr. WILKINSONT. he Klamath Tribe is one of the few that pays for their own medical expenses out of the tribal funds. Mr. JACKSTOhaNt . p articular item would apply to those cases where special nurses and emergency operations are necessary aside from the general routine. Mrs. HONEYMANI . t hought they got all their medical attention for nothing, and I think they should. Mr. JACKSTOheNre . are times whep this extra assistance is neces-sary. The CHAIRMANI. f there is nothing further on this bill, the hear-ing will be closed. ( Thereupon, at 12: 05 p. m., the committee adjourned.)