ElAJl~'l M~\1 Documents Department Oklahoma State I; · ,(!rsity Liicll!PLv REFER To: UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C. 20240 Public Inquiries Staff MAJOR INDIAN LEGISLATION 1959 -- 1964 88th Congress, 2nd Session (1964) Public Law 88-301 {S. 1565) To amend the Act of June 25, 1910 (36 Stat. 857; 25 u.s.c. 406, 407), with respect to the sale of Indian timber. (Approved April 30, 1964) Explanation: Amends the 1910 Act in several respects to permit modernizing timbering operations on Indian reservations. The two most important amendments are: (1) permits the sale of any timber from tribal lands in accordance with the principles of sustained yield or in order to convert the land to a more desirable use, and (2) broadens the authority of the Secretary of the Interior with respect to heirship situations by allowing the Secretary to market Indian timber in instances where the Lnd i an heirship interests are so numerous that agreement by all of the Indian owners is impossible. Public Law 88-302 {S. 2111) To fix the beneficial ownership of the Colorado River Indian Reservation located in the States of Arizona and California. (Approved April 30, 1964) Explanation: Declares the Colorado River Reservation, except for certain Federal improvements and improvements placed on the land by assignees and Indian colonists, to be the property of the Colorado River Tribes. Provides that certain Indain colonists who settled on the reservation during the late 1940's will he treated as members of the tribe if they accept enrollment as Colorado River Indians within two years. Contains certain conditions with respect to claims before the Indian Claims Commission and certain provisos with respect to long term leasing. Public Law 88-419 (R.R. 7833) To amend the Act entitled "An Act to provide for the distribution of the land and assets of· certain Indian rancherias and reservations in California, and for other purposes'', approved August 18, 1958 (72 Stat. 619). {Approved August 11, 1964) Explanation: The principal purpose of this act is to extend the provisions of the California rancheria termination act of August 18, 1958, to all reservations and rancherias lying wholly within the State boundaries. The 1958 act is also amended in a number of other particulars, namely: provides for a modification of a distribution plan with the concurrence of the majority of the distributees and the Secretary; authorizes the Secretary of HEW to provide sanitation and sewage and waste disposal facilities; permits exchanges of land between both Indians and non-Indians; provides for the disposition of unoccupied rancherias and reservations; limits the reference to family members to "family members who are not members of any other tribe or band''; permits revocation of any constitution or corporate charter issued under the Indian Reorganization Act or any other authority; and repeals the dollar limitation on the appropriation authority. Public Law 88-452 (S. 2642) To mobilize the human and financial resources of the Nation to combat poverty in the United States. (Approved August 30, 1964) Explanation: Provides for the establishment of a Job Corps to assist/ young men and women to increase their employability; provides for a / Work-Training Program for high school youth so that their education / may be continued or resumed, or will qualify them for employment; j provides for a Work-Study Program which will provide part-time employ~ ment for students in institutions of higher education; provides for 1 grants to be made to appropriate agencies to pay the cost of develop- l ment of programs by urban and rural communities; provides for an Adult Basic Education program for individuals over-18 years of age who need] basic education courses; pro~ides -for a Voluntary Assistance Program 1 for needy children; establishes special programs to combat poverty in rural areas, such as loans to "family-size" farmers and by assistance to migrant and seasonal agricultural employees and their families; provides for loans to small business concerns, and aims to improve managerial skills in these firms; and provides for Work Experience Programs administered by HEW to provide constructive work experience and other needed training to persons unable to support or care for themselves or their families. Public Law 88-533 (H.R. 1794) To authorize payment for certain interests in lands within the Allegany Indian Reservation in New York required by the United States for the Allegheny River (Kinzua Dam) project, to provide for the relocation, rehabilitation, social and economic development of the members of the Seneca Nation, and for other purposes. (Approved August 31, 1964) Explanation: Principal provisions of the Act are: (1) payment of $1,289,060 for the real property interest acquired by. the Government, and the improvements thereon, plus such additional sum, if any, as -2- the Seneca Nation may be able to recover in court for damage to its sand and gravel resources; (2) payment of $945,573 for indirect damages and in full settlement of all other claims; (3) payment of $12,128,917 to be used for improving the economic, social, and educational conditions of the Indians; (4) prohibits the Department from enlarging the services and supervision it now provides for the Seneca Indians, except to the extent required to carry out the purposes of this Act, and requires the Secretary to submit to Congress within three years a plan for complete withdrawal of Federal supervision over the property and affairs of the Indians; and (S) various miscellaneous provisions that are consistent with previous legislation enacted in connection with Missouri River Basin Water Development projects~ Public Law 88-560 (S. 3049) To extend and amend laws relating to housing, urban renewal, and community facilities, and for other purposes. "Housing Act of 1964". (Approved September 2, 1964) Explanation: Extends and amends several provisions of the Housing Act of 1954 which are of general applicability to Indians. Amends two sections of the 1954 Act by inserting a proviso relating to urqan and regional planning grants to the effect that such grants may be made in an amount not exceeding three-fourths of such estimated costs ''for planning being carried out for*** an Indian reservation in an area designated by the Secretary of Commerce as a redevelopment area under section 5 of the Area Redevelopment Act"; and (2) Section 315 amends Section 701 of the 1954 Housing Act to provide for the inclusion of Indian reservations and Indian tribal bodies as eligible for benefits under urban planning grants. Public Law 88-658 (S. 2968) To amend subsection 120(f) of title 23, United States Code. (Approved October 13, 1964) Explanation: Amen~s subsection 120(£) of title 23, United States Code by providing that in States where the non-taxable Indian lands (individual and tribal) and public domain lands (exclusive of national forests and national parks and monuments) exceed 5 percent of the total area of all of the State, the 50 percent Federal payment shall be increased ·by a percentage of the remaining cost equal to the percentage such Indian and public domain lands are of a total area. Thus, the effect of the law is to extend to all States the same formula for Federal emergency relief payments ·for Federal-aid highway repair or reconstruction that now applies with respect to Federal payments for original construction of Federal-aid highways under 23 u.s.c. 120(a). 88th Congress, 1st Session (1963) Public Law 88-167 (H.R. 2635) To amend the Act of August 9, 1955, for the purpose of including the Fort Mojave Indian Reservation among Reservations excepted from the twenty-five year lease limitations. (Approved November 4, 1963) -3- Explanation: Amends the 1955 leasing act to permit leases of Indian land on the Fort Mojave Re se rvat t on in California, Arizona, and Nevada for business and other purpos~s to be· made for a term of 99 years or less instead of the present 25 years with the right of renewal for another 25 years. Public Law 88-168 (R.R. 3306) To establish a revolving fund from which the Secretary of the Interior may make loans to finance the procurement of expert assistance by Indian tribes in cases before the Indian Claims Commission. {Approved November 4, 1963) Explanation: Authorizes a $900,000 revolving loan fund from which the Secretary of the Interior may make loans to Indian plaintiffs before the Indian Claims Commission to assist them in obtaining expert assistance for the preparation and trial of their claims. Attorney fees are excepted. A loan may not be made to any Indian plaintiff if it has funds available for the purpose, or if in the opinion of the Secretary the fees to be paid to the experts are unreasonable. Prohibits the Secretary from approving a contract between a tribe or its attorney and an expert witness which would make the witness fee contingent upon the recovery of a judgment. 87th Congress,. 2nd Session (1962) Public Law 87-432 (R.R. 4130) To provide assistance to Menominee County, Wisconsin, and for other purposes. {Approved April 4, 1962) Explanation: Authorizes financial assistance to Menominee County, Wisconsin, amounting to a total of $1,098,000 over a five-year transition period ending April 30, 1966, for the purpose of lessening the impact of Federal termination of supervision over the affairs of the Menominee Indians. The financial assistance consists of $660,000 for contributions to joint school district costs, and $438,000 for construction of sanitation facilities on the former Menominee Indian Reservation. Public Law 87-483 (S. 107) To authorize the Secretary of the Interior to construct, operate, and maintain the·Navajo Indian irrigation project and the initial stage of the San Juan-Chama project as participating projects of the Colorado River storage project, and for other purposes. {Approved June 13, 1962) Explanation: Authorizes the constructiori, operation and maintenance of the Navajo Indian Irrigation project at an estimated cost of $134,359,000 and the initial stage of the San Juan-Chama project at an estimated cost of $86,000,000. Both of these proi~cts will furnish water for irrigation of irrigable and arable lands and £or municipal, industrial, and domestic uses, as well as recreation and fish and wildlife benefits. -4- Public Law 87-734 (H.R: 5144) To provide for the acquisition of and the payment for individual and tribal lands of the Lower Brule Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social and economic development of the members of the tribe, and for other purposes. (Approved .October 3, 1962) Explanation: Reimburses individual Indian landowners and the Lower Biule Sioux Tribe in South Dakota for the trust lands acquired by the United States for the construction and operation of the Big Bend Dam and Reservoir on the Missouri River. Compensates the tribe and its members for treaty and tribal damages, and provides for the improvement of the social and economic conditions of the members of the Lower Brule Sioux Tribe. Takes the entire outstanding interest, including .gravel but excluding oil, gas,and other minerals, in 14,299.03 acres of tribal and individual trust land and such interest as the tribe. may have in the bed of the Missouri River for which the United States- will pay $825,000 from funds appropriated for Big Bend Dam. The Government will also pay, by way of intangible and indirect damages, $400,715 in settlement of all claims, rights, and demands of the tribe and individual Indians arising from the taking. This figure includes $26,910 for the tribe's interests in the bed of the river. Out of the $400,715, not to exceed $247,325 will be available to pay the expenses and losses incident to moving and relocating members of the tribe directly affected by the taking. Authorizes the appropriation of $1,968,750 for rehabilitation funds for development of individual and family plans, relocating, reestablishing, ahd providing other assistance designed to improve the economic and social conditions of approximately 900 enrolled members of the tribe; both on and off the reservation. This is the largest.sum per capita ever recommended for rehabilitation purposes, but in view of the need and the fact that the Lower Brule Tribe has twice been called upon- to give up its best bottom land for dam purposes, a generous rehabilitation program is warranted. The Act also provides for expenditures of approximately $1,300,000 by the United States for the following purposes: 1. The relocation and reconstruction of the town of Lower Brule to take the place of the present town of Lower Brule which will be inundated by Big Bend Dam. 2. Relocation and reestablishment of Indian cemetaries, tribal monuments, and shrines within the taking area. -5- 3. Construction of replacement roads and replacement or reconstruction of existing essential governmental and agency facilities. 4. Expenses of the tribal council incurred in connection with the taking of the land for the Big Bend project, not to exceed $75,000, including appraiser fees and the fees and expenses of the tribal attorney. The Act confers on members of the tribe the following rights and privileges: 1. To remain on and use the lands taken until required to vacate. 2. To cut and remove timber and to salvage the improvements. 3. To graze stock without charge on the former trust land acquired by the United States between the water level of the reservoir and the taking line to the extent that this land is not devoted to other beneficial uses as determined by the Secretary of the Army. 4. To have free access to the shoreline of the reservoir including, as a part thereof, the.right to hunt and fish subject to regulations. The Act contains authority to purchase land and to sell tribal land for the purposes of (1) providing substitute land for individual In~ dians who owned land within the taking area of Fort Randall or Big Bend projects, (2) consolidating land holdings, and (3) eliminating· fractionated heirship interests within the reservation. Public Law 87-735 (R.R. 5165) To provide for the acquisition of and the payment for individual Indian and tribal lands of the Crow Creek Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social, and economic development of the members of the tribe, and for other purposes. (Approved October 3, 1962) Explanation: Reimburses individual Indian landowners and the Crow Creek Sioux Tribe for the trust lands acquired by the United States for the construction and operation of the Big Bend Dam and Reservoir on the Missouri River, compensates the tribe and its members for treaty and tribal damages,and provides for the improvement of the social and economic conditions of the members of the tribe. } j I The Act takes the entire outstanding interest, including gravel but excl~ding oil, gas, and other minerals, in 6,283.57 acres of tribal and individual trust land. It also takes such interest as the ·tribe may have in the bed of the Missouri R{ver. -6- As compensation for the lands, the United States will pay $355,000 from funds appropriated for Big Bend D~m. The Government will also pay, by way of intangible and indirect damages, $209,302 in settlement of a.11 claims, rights, and demands of the tribe and individual Indians arising from the taking. This figure includes $13,890 for the tribe's interests in the bed of the river. The Acit also authorizes the appropriation of $3,802,500 for rehabilitation through family plans, relocation, and other assistance designed to improve the economic and social conditions of 1,800 enrolled members of the tribe, on and off the reservation. The rehabilitation fund, along with that of the Lower Brule Sioux Tribe, is the largest sum per capita ever recommended for this purpose, but in view of the need and the fact that the Crow Creek Tribe has twice been.called upon to give up its best bottom land for dam purposes, a _generous program is warranted~ The Act provides for expenditures of approximately $590,000 for the following purposes: 1. The location and construction of a Fort Thompson townsite, including a community center. 2. Relocation and reestablishment of Indian cemeteries, tribal monuments, and shrines within~the taking area. 3. Construction of replacement roads and replacement or reconstruction of existing essential governmental and agency facilities. 4. Expenses of the tribal council incurred in connection with the taking of the land for the Big Bend project, not to exc~ed $75,000, including fees of an appraiser and fees and expenses of the tribal attorney. The Act confers on members of the tribe the following rights or privileges: 1. To remain on and use the lands taken until required to vacate. 2. To cut and remove timber and to salvage the improvements on the lands taken. 3. To graze stock without charge on the former trust land acquired by the United States to the extent that his land is not devoted to other beneficial uses as determined by the Secretary of the Army. 4. To have free access to the shoreline of the reservoir including, as a part thereof, the right to hunt and fish subject to regulations. -7- \ The Act contains authority to purchase land and to sell tribal land I for the purposes of (1) providing substitute land for individual ·\' Indians who owned land within the taking ar~a of Fort Randall or • Big Bend projects, (2) consolidating landholdings, and (3) elim- \ inating fractionated heirship interests within the reservation. Publ Public Law 87-785 (R.R. 8113) To amend the Act of August 9, 1955, for the\ purpose of including the Southern Ute Indian Reservation among res- ·\· ... ervations excepted from the twenty-five year lease limitation. • (Approved October 10, 1962) Explanation: Provides that Indian lands on the Southern Ute Reservation may be leased for business and other non-agricultural purposes for a term of 99 years or less. Any grazing leases continue to be for a term of 10 years or less. Public Law 87-808 (S. 2454) To amend the Housing Amendments of 1955 to make Indian·tribes_eligible for Federal loans to finance public works· or facilities, and for other purposes. (Approved October 15, 1962) Explanation: Amends the Housing Amendments of 1955 by making Indian tribes eligible for public facility loans. Eligibility was previously restricted to States and their political subdivisions or instrumentalities, and since Indian tribes are not political subdivisions of a State they had been excluded. Public Law 87-828 (H.R. 9342) To provide for an exchange of lands between the United States and the Southern Ute Indian Tribe, and for other purposes. (Approved October 15, 1962) Pub Explanation: Provides for an exchange of lands between the United States and the Southern Ute Tribe in connection with the construction of the Navajo Dam and Reservoir. Construction of the Navajo Unit of the Dam and Reservoir requires the acquisition of 707.5 acres of tribal land within the Southern Ute Reservation. Approximately 2,200 acres on the Archuleta Mesa are to be exchanged for the 707.5 acres. The exc~ange of land, excluding minerals, is based upon equal values with the tribe paying for any difference in the values of the lands exchanged. Any persons having grazing permits, l~censes or leases on the public lands will be compensated out of project funds for the value of their grazing rights or privileges, if they are cancelled because of the exchange. 87th Congress, 1st Session (1961) Public Law 87-27 (S. 1) To establish an effective program to alleviate conditions of substantial and persistent unemployment and underemployment in certain economically distressed areas. "Area Redevelopment Act" (Approved May 1, 1961) -8- Explanation: Establishes a new program of loans and grants to help rejuvenate communities in long-term economic slumps. Indian tribes are specifically qualified to participate in area programs. Public Law 87-48 (S. 751) To terminate the existence of the Indian Claims Commission, and for other purposes. (Approved June 16 ,- 1961) Explanation: Under the Indian Claims Commission Act, as amended, the life of the Commission would expire on April 10, 1962. P. L. 87-48 · extends the life of the Commission until April 10, 1967, which is an additional five years. Public Law 87-250 (S. 1540) To amend the -law establishing the Indian revolving loan fund. {Approved September 15, 1961) Explanation: Increases the appropriation authorization for the general revolving loan fund for Indians from $10 million to $20 million. Public Law 87-273 (S. 200) To amend the Act entitled "An Act relative to employment for certain adult Indians on or near Indian reservations", approved August 3, 1956. (Approved September 22, 1961) Explanation: Increases the appropriation authorization for the Indian adult vocational -training program from $3,500,000 aqnually to $7,500,000 annually. Also increases the limitation on administrative expenses from $500,000 to $1,000,000. Congress, 2nd Session ·(1960) l Public Law 86-505 {S. 2456) To amend the Act of April 19, 1950 {64 Stat. 44; 25 u.s.c. 635) to better promote the rehabilitation of the Navajo and Hopi Tribes of Indians, and for other purposes. (Approved June 11, 1960) Explanation: Provides that land owned by the Navajo Tribe in fee simple may be leased or sold by the tribe without the approval of any Federal agency. Authorizes the Secretary to transfer to any corporation owned by the Navajo Tribe and organized under State law, or to a municipal corporation organized under State law, any tribal land whenever the Navajo Tribal Council requests the transfer. Thereafter the United States will have no trust responsibility for the land. Amends the Act. of August 9, 1955 {69 Stat. 539), as amended, to authorize leases of Navajo land for as long as 99 years. Public Law 86-733 (H.R. 11813) To amend the Menominee Termination Act. 1 (Approved September 9, 1960) -9- Explanation: Amends· the law that provides for the termination of Federal supervision over the affairs of the.Menominee Indian Tribe as follows: (1) changes the termination date from December 31, 1960 to April 30, 1961; (2) directs the Secretary to begin immediate negotiations with a private trustee to perfect a trust agreement so that if the Tribe fails to organize the tribal corporation, the Secretary will be prepared to transfer the tribal property to the trustee, and if the tribal corporation is not functioning on March 1, 1961, the Secretary is directed to transfer the tribal property to the trustee between March 1 and April 30, 1961; (3) makes inapplicable the documentary stamp ta~ under the Internal Revenue Code of 1954, to the original distribution of the stock and securities of the tribal corporation contemplated by the termination plan, and (4) authorizes the Secretary to contract with the Department of Public Instruction for the completion of the vocational or undergraduate college program·of any Menominee Indian who has been accepted for the program before the termination date. 86th Congress 1st Session (1959) Public Law 86.-40 (S. 1242) To authorize the use of the r evo l vtng ·for Indians to assist Klamath Indians during the period for . Federal supervision. (Approved June 11, 1959). Explanation: Authorizes the Secretary of the Interior to make loans from the revolving loan fund .to those Klamath Indians of less than~ degree Indian blood who are withdrawing from the tribe under the Klamath termination act. The loans will be secured by the individual Indian's shares in the tribal asset, and will be non-interest bearing. The purpose of the act is to avoid hardship and a large number of ~elfare assistance requests.· Until the enactment of this bill only those withdrawing members of ~ degree or more of Indian blood we r e eligible for loans from the revolving loan fund. Public Law 86-125 {S. 1976) To make payments to Indians for destruction of fishing rights at Celilo Falls exempt from income tax. (Approved July 31, 1959). Explanation: Provides that payments made to Indians for compensation for the loss of fishing rights due to the construction of the Dalles Dam .(Washington and Oregon) shall not be subject to F~deral or State income tax. Tribes involved are Yakima, Confederated Tribes of Warm Springs, Umatilla and Nez Perce. Public Law 86-326 (R.R. 6672) To authorize longer term leases of Indian lands on the Agua Caliente (Palm Springs) Reservation. {Approved September 21, 1959). Explanation: Amends the 1955 leasing act to grant/an exception with respect to leases on the Palm Springs Reservation in California. The exception granted permits leases (excluding. grazing leases) for terms of not to exceed 99 years and any option to renew a lease with a.term of less than 99 years may not be extended to a total of more than 99 years. -10- INT.DUP.,D.C.65- March, 1965 '.; . . ,.' \ " " ' "' ·\\_,~, " , , >,, ,, ,' . '\S , (r;;a> o,-f . I PAMPHLET BINDER ;' Syracuse, N. Y. ; ·-· ~ __ Stockto~_• __ c_o~~'-··-; DEMCO, 'INC. _38~2931 =-·• -•· _ ---•--s~c,- •~•=·-, -•.,....;-•-·,.;,~•·cc·•••<.,,.,--•-•·--- Major Indian Legislation, 1959-1964.