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The original documents are located in Box 60, folder "10/8/76 S2981 Appropriation
Authorization for the Indian Claims Commission for FY 1977" of the White House
Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
from Box 60 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED OCT 08 1976
& 10/8 opla.
ACTION
THE WHITE HOUSE
WASHINGTON
Last Day: October 12
October 4, 1976
Posted
MEMORANDUM FOR
THE PRESIDENT
FROM:
JIM CANNON
10/9/76
SUBJECT:
S. 2981 - Appropriation Authorization
for the Indian Claims Commission for
fiscal year 1977
archives
Attached for your consideration is S. 2981, sponsored by
Senators Jackson and Fannin.
10/12/76
The enrolled bill authorizes appropriations of $1,650,000
for the Indian Claims Commission for FY 77 and extends
the life of the Commission through September 30, 1978.
Additional information is provided in OMB's enrolled bill
report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Kilberg), Brad
Patterson and I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S. 2981 at Tab B.
FORD is LIBRARY DERALD
EXPIRATION OFFICE OF PRESIDENT SERVICE a UNITED,
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OCT 1 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2981 - Appropriation authori-
zation for the Indian Claims Commission for
fiscal year 1977
Sponsors - Sen. Jackson (D) Washington and
Sen. Fannin (R) Arizona
Last Day for Action
October 12, 1976 - Tuesday
Action on this enrolled bill is necessary as soon as
possible so that a fiscal year 1977 contingent appro-
priation for this program can be apportioned.
Purpose
Authorizes appropriations in the amount of $1,650,000
for the Indian Claims Commission for fiscal year 1977
and extends the life of the Commission through
September 30, 1978.
Agency Recommendations
Office of Management and Budget
Approval
Indian Claims Commission
Approval
Discussion
Under the Indian Claims Commission Act, the Commission
was created in 1946 to adjudicate claims involving
Native American Indian rights to land and compensa-
tion to Indians for the value of their aboriginal
claims to land. Under current law, the Commission's
life would terminate during fiscal year 1977, but
earlier this year, the Administration proposed an
extension through fiscal year 1978 to permit the
Commission to complete most, if not all, of its
remaining work.
2
S. 2981 would authorize appropriations of $1,650,000
for the Indian Claims Commission for fiscal year 1977
and extend the life of the Commission through the
end of fiscal year 1978, or at such earlier time
as the Commission shall have made its final report
to the Congress on all claims filed with it.
The enrolled bill would also require that upon dis-
solution, the Commission shall deliver to the
Archivist of the United States all case records
and files in which a final determination has been
entered, and by December 31, 1976, transfer to the
U.S. Court of Claims all cases which it has deter-
mined cannot be completely adjudicated by
September 30, 1978. S. 2981 directs the Commission
to file a report to the Congress on the first day
of the next session on those cases which it trans-
ferred to the Archives and the Court of Claims and
at six-month intervals thereafter on the status of
its remaining work.
The Congress has already passed an appropriation of
$1.525 million for fiscal year 1977, contingent upon
enactment of this authorizing legislation.
Other than certain technical provisions concerning
reports to the Congress and the means for trans-
ferring cases to the Court of Claims, S. 2981
as enrolled represents the Administration's proposal
submitted during 1976 to the Congress.
Partw Chin Acting Director
Enclosures
INDIAN CLAIMS COMMISSION
RIDDELL BUILDING, 6TH FLOOR
1730 K STREET NW.
WASHINGTON, D.C. 20006
September 30, 1976
Honorable James M. Frey
Assistant Director for Legislative Reference
Office of Management and Budget
Washington, D. C. 20503
Re: Enrolled Bill S. 2981
Dear Mr. Frey:
This is in response to your request of this date regarding enrolled
bill S. 2981, an act "To authorize appropriations for the Indian Claims
Commission for fiscal year 1977. "
The Indian Claims Commission recommends enrolled bill S. 2981 for
the President's signature.
Sincerely yours,
Jerome K. Kuykendall
Chairman
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
October 2
400pm
FOR ACTION: Brad Patterson on
CC (for information): Jack Marsh
Max Friedersdwrf
m
Jim Connor
Bobbie Kilberg
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: October 4
Time: 1100am
SUBJECT:
S.2981-Appropriation Authorization for Indian Claims
Commission for FY 77
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X xFor Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
October 4, 1976
NOTE TO THE STAFF SECRETARY
I concur that S 2981 and
S 3651 should be signed by the President.
Bradley H. Patterson, Jr.
AC
N MEMORANDUM
WASHINGTON
LOG NO.:
Date
Time:
October 2
400pm
FOR ACTION: Brad Patterson
CC (for information):
Jack Marsh
Max Friedersdorf m.v.
Jim Connor
Bobbie Kilberg
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date:
October 4
Time: 1100am
SUBJECT:
S.2981-Appropriation Authorization for Indian Claims
Commission for FY 77
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
xFor Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
Rummind approval - mep
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
James M. Cannen
For the President
ACTIC MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
tober 2
400pm
DickParsons
Dick
FOR ACTION:
Brad Patterson
cc (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Bobbie Kilberg
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: October 4
Time: 1100am
SUBJECT:
2981-Appropriation Authorization for Indian Claims
Commission for FY 77
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
XFor Your Comments
Draft Remarks
REMARKS:
Approve- Rd
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
James M. Cannen
For the President
Calendar No. 705
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-737
AUTHORIZING APPROPRIATIONS FOR THE INDIAN
CLAIMS COMMISSION FOR FISCAL YEAR 1977 AND TO
EXTEND THE LIFE OF THE COMMISSION
APRIL 6, 1976.-Ordered to be printed
Mr. ABOUREZK, from the Committee on Interior and Insular
Affairs, submitted the following
REPORT
together with
MINORITY VIEWS
[To accompany S. 2981]
The Committee on Interior and Insular Affairs, to which was
referred the bill (S. 2981) to authorize appropriations for the Indian
Claims Commission for fiscal year 1977, having considered the same,
reports favorably thereon with amendments and recommends that
the bill as amended do pass.
The amendments are as follows:
(1) Strike out all after the enacting clause and insert the following:
That there is authorized to be appropriated to carry out the provisions of the
Indian Claims Commission Act (25 U.S.C. 70), during fiscal year 1977, not to
exceed $1,650,000.
SEC. 2. Section 23 of the Act entitled "An Act to create an Indian Claims
Commission, to provide for the powers, duties, and functions thereof, and for
other purposes", approved August 13, 1946 (60 Stat. 1049, 1055), as amended
(86 Stat. 115; 25 U.S.C. 70v), is hereby amended by striking said section and
inserting in lieu thereof the following:
"DISSOLUTION OF THE COMMISSION AND DISPOSITION OF PENDING CLAIMS
"SEC. 23. The existence of the Commission shall terminate at the end of fiscal
year 1980 on September 30, 1980, or at such earlier time as the Commission shall
have made its final report to the Congress on all claims filed with it. Upon its
57-010-76-1
2
3
dissolution the records and files of the Commission in all cases in which a final
of Claims, and required the Commission to obtain Congressional ap-
determination has been entered shall be delivered to the Archivist of the United
States. When the Commission shall be of the opinion that any case pending before
proval of an annual authorization for its appropriations for each en-
it can be handled more expeditiously by the United States Court of Claims, the
suing fiscal year.
Commission shall certify such case to the Court of Claims. The Court of Claims
To assess the capacity of the Court of Claims to expeditiously ad-
may thereupon, in its discretion, permit the transfer of the case, and jurisdiction
judicate any remaining dockets following dissolution of the Com-
is hereby conferred upon the Court of Claims to adjudicate all such cases under
the provisions of section 2 of the Indian Claims Commission Act: Provided, That
mission, the Court was requested to testify at the Subcommittee
section 2 of said Act shall not apply to any case filed originally in the Court of
hearing on April 18, 1975 on S. 876, the Commission's FY 1976
Claims under section 1505 of title 28, United States Code. Upon dissolution of
authorization. At that hearing, the witness from the Court of Claims
the Commission all pending cases including those on appeal shall be transferred
testified as follows:
to the Court of Claims for adjudication on the same basis as those permitted to be
transferred by this section."
(1) That if the estimated 60 remaining accounting cases were
SEC. 3. Section 27 of such Act of August 13, 1946, as amended (25 U.S.C.
transferred to the Court upon dissolution of the Commission on
70v-1), is amended by adding the following:
April 10, 1977, the Court would need five years to complete the
"SEC. 27. (c) No trial or hearing shall be conducted nor shall any proceeding
final adjudication of such cases; and
be initiated before the Commission in any phase of a claim on or after December 31,
1979: Provided, however, That the provisions of this subsection shall not apply to
(2) That the Court would pose no objection if Congress were
hearings or proceedings relating to a compromise settlement of a claim."
to enact legislation to extend the life of the Commission beyond
SEC. 4. Section 28 of such Act of August 13, 1946, as amended (25 U.S.C.
the scheduled dissolution on April 10, 1977.
70v-2), is amended by striking said section and inserting in lieu thereof the
At the same hearing, the Chairman of the Commission expressed
following:
"STATUS REPORTS TO CONGRESS
the view that a three-year extension to the life of the Commission
would provide a sufficient period of time to complete adjudication
"SEC. 28. The Commission shall, on the first day of each session of Congress
of all but a minor portion of the remaining cases, which could then be
and six months thereafter, submit to the Committees on Interior and Insular
Affairs of the Senate and House of Representatives, a report showing the progress
referred to the Court of Claims for completion.
made and the work remaining to be completed by the Commission, as well as the
Based on the Subcommittee hearing last year on the Commission's
status of each remaining case, along with a projected date for its completion.".
annual authorization bill, the Committee amended the House-passed
Amend the title SO as to read:
bill (H.R. 3979) to provide for a three-year extension to the life of the
Commission beyond April 10, 1977.
A bill to authorize appropriations for the Indian Claims Commission for
fiscal year 1977, and for other purposes.
The House of Representatives disagreed with the Senate amend-
ment to H.R. 3979 and requested a conference. The Senate/House
PURPOSE OF THE MEASURE
conferees arrived at an impasse on the amendment, and, in the mean-
time, the Appropriations Committees reluctantly approved the
S. 2981, as amended, has two purposes. The first is to authorize an
Commission's appropriation request for fiscal year 1976.
appropriation of $1,650,000 for fiscal year 1977. The second is to ex-
Their action was tantamount to an authorization, and the need,
tend the life of the Commission by three and one-half years to Sep-
therefore, for enactment of H.R. 3979 was nullified.
tember 30, 1980 in order to provide a sufficient period of time to
The Committee is aware of the Court of Claims continued reluctance
complete its work.
to assume responsibility for the final adjudication of any remaining
BACKGROUND AND NEED
cases upon the scheduled dissolution of the Indian Claims Commis-
sion on April 10, 1977. In addition, the Committee has been informed
The Indian Claims Commission was established pursuant to the
of the Administration's decision to support a one-year extension to
Act of August 13, 1946 (60 Stat. 1049, 1055), as amended to provide
the life of the Commission beyond April 10, 1977, and that legislation
a forum for the adjudication of the numerous unsettled tribal claims
for that purpose will be forthcoming to the Congress in the near future.
against the United States that existed on the date of the Act. Prior
In enacting the most recent extension of the life of the Indian
to the creation of the Commission such claims were heard by the Court
Claims Commission, Congress made it clear that it intended that
of Claims under special jurisdictional acts. Tribes with pending claims
extension to be the last. It was therefore provided that on April 10,
were given five years to file them; and Congress anticipated that the
1977, the files of all cases then pending before the Commission would
Commission would complete its work and cease to exist within ten
be transferred to the U.S. Court of Claims which would then adjudi-
years.
cate all such remaining cases under the terms of the jurisdictional
Unfortunately, the Commission has failed to meet Congressional
section of the Indian Claims Commission Act.
expectations, and Congress has found it necessary to enact legislation
This committee adheres to the original purpose of the Indian
on four separate occasions in the past authorizing extensions to the
Claims Commission Act, that all Indian claims should be adjudicated
life of the Commission. The most recent extension was granted through
as quickly as possible. However, because of the nature of the claims
Public Law 92-265.
still pending at the Indian Claims Commission, and because of the
PL 92-265 extended the life of the Commission to April 10, 1977,
present condition of the docket of the Court of Claims and the effect
mandated a dissolution of the Commission after that date, provided
that the proposed transfer would have on that docket, this committee
for an automatic transfer of any remaining dockets to the U.S. Court
has been forced, once again, to address itself to the question of how
the purpose of the Indian Claims Commission can best be carried out.
4
5
It is the committee's judgment that the proposed three and one-
need of coming back to Congress and asking for another extension
half years extension to the life of the Commission will serve the
after the one proposed herein expires.
best interests of the Federal Government and the plaintiff tribes.
In contrast, the pending transfer of undisposed cases to the Court
The total number of claims docketed pursuant to the Indian Claims
of Claims, appears to raise the possibility of unnecessary delay,
Commission Act was 615. Of these, the total disposed of by the Com-
Pursuant to the transfer provision, the cases pending before the Indian
mission has been 460, leaving 155 claims still pending. Of these 155
Claims Commission in 1977 would become the responsibility of the
cases, 23 are before the Supreme Court on petition for certiorari and 8
Trial Division of the U.S, Court of Claims.
are presently before the Court of Claims on appeal, leaving 124 in
The trial judges of that division are called upon to conduct trials in
various stages of litigation before the Indian Claims Commission. Of
18 major categories of litigation in addition to Indian cases. Their
the cases still pending, 48 involve claims for an accounting.¹ These
expertise in the area of Indian Claims is necessarily limited. There is
claims promise to be among the most time consuming of any filed with
presently a backlog of cases pending before the Trial Division repre-
the Indian Claims Commission and to require the exercise of the
senting approximately 28 percent of the total cases pending in the
greatest degree of expertise in their disposition.
Court of Claims. In addition it is foreseen that the impending transfer
Under established law, the United States acts as a fiduciary in the
of jurisdiction may make it necessary that the Court of Claims increase
administration of Indian tribal trust property. Therefore, each ac-
the number of its trial judges and employ additional deputy clerks,
counting claim requires the United States to prepare an accounting
secretaries, auditors, and law clerks.
report detailing its performance as the administrator of the tribe's
Because of the backlog of cases at the Trial Division of the Court of
estate.
Claims, the necessity that trial judges develop an expertise in the area
Some accounting reports involve transactions covering a period of
of Indian Claims law, and necessary administrative adjustments that
170 years. Understandably, preparation of such reports is a very time-
must be made by the Court, such as the promulgation of new rules and
consuming matter. These reports are prepared by a special Indian
procedures, we are informed by the Court of Claims that it will take an
accounting group, originally located in the General Accounting Office
estimated five years from the time of transfer for the Court to complete
but transferred to the General Services Administration in 1965, where
consideration of then pending Indian Claims Commission cases. In
it is now known as the Indian Trust Accounting Division. Because
other words, transfer to the Court of Claims, which was to have
of administrative problems, this group was not sufficiently staffed
expedited the disposition of these cases, instead will probably delay
until 1973. Therefore, in addition to the necessary time consumed in
that disposition for at least two years.
the preparation of extensive and complicated accounting reports
In addition, it appears to the committee that all Indian tribes
there has been delay caused by administrative problems completely
should have the benefit of a decision by the same tribunal. Tribes
outside the control of the Indian Claims Commission.
whose cases are transferred to the Court of Claims may get different
After an accounting report is submitted by the United States to the
treatment in many regards. They certainly would Jose their present
claimant tribe, tribal attorneys may file exceptions to that report.
right to appeal to a higher tribunal from decisions by the trier of fact.
Such exceptions are often quite detailed and extensive. Often, claim-
If the Court of Claims is to decide claims in the first instance, review
ants allege that the accounting submitted is incomplete and ask the
would have to be by the Supreme Court and this is not likely to be
Commission to order that the United States supply more information.
granted in many cases.
Trial of accounting cases requires adjudications of literally hundreds
Finally, continued uncertainty as to how and where remaining
of separate issues. Each expenditure of tribal funds is potentially the
claims are to be concluded is not conducive to settlement of these
subject of challenge. Mismanagement of tribal resources, such as
complex cases, the most desirable and expeditious way of concluding
timber, grazing lands, oil and gas, is often alleged and becomes the
them. The committee is not satisfied that all that can be done in the
subject of detailed and time-consuming proceedings. While the Com-
settlement of these cases has been done. As part of its next annual
mission and the Court of Claims have developed certain legal principles
report to Congress, the committee will expect the Commission to make
which, when applied in accounting cases, substantially shorten the
a full report of its efforts to encourage settlement of these claims by the
time of trial, a number of important issues remain to be determined
parties.
and are presently the subject of appeal.
The Indian Claims Commission Act was promulgated with the
In earlier years, the Indian Claims Commission was the subject of
promise and intention that Indian tribes would be able to obtain
much criticism for its delays in processing claims. However, the
expeditious disposition of their claims against the United States. That
committee is satisfied that throughout the period of its recent history,
promise remains, unchanged. However, because of circumstances
the Indian Claims Commission and its staff have worked diligently
beyond the control of either the tribal claimants or the body designated
to move to completion all cases still pending before it. In SO doing,
to hear their claims, disposition has been delayed. It is the responsi-
there has developed an expertise which holds out the promise that the
bility of this committee and this Congress to assure that these cases be
remaining Indian Claims cases may be disposed of within a relatively
litigated as quickly as possible. Therefore, this committee recommends
short period of time. We are told that the Commission does not foresee
that the life of the Indian Claims Commission be extended for a period
of three and one-half years beyond the date upon which it is now
1 For more detailed summary see Indian Claims Commission Annual Report under Execu-
tive Communications.
scheduled to expire.
7
6
LEGISLATIVE HISTORY
The amendment further provides that whenever the Commission
is of the opinion that a pending case can be handled more expeditiously
S. 2981 was introduced by Senators Jackson and Fannin on Feb-
by the Court of Claims the Commission shall certify such case to the
ruary 17, 1976, in response to an Executive Communication. Senator
Court of Claims, subject to the approval of the cuort. Any case still
James Abourezk, Chairman, Subcommittee on Indian Affairs, recom-
pending on September 30, 1980, will be transferred to the Court of
mended that S. 2981 be referred directly to full Committee for con-
Claims.
sideration in lieu of Subcommittee hearings.
Section 3. This section amends section 27 of the Indian Claims
Commission Act by adding a new provision, section 27(c), which
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
provides that during the last nine months of the Commission's
existence no hearings will be conducted and no proceedings will be
The Senate Committee on Interior and Insular Affairs, in open
initiated in any phase of a claim. The parties are thereby put on notice
business session on March 23, 1976, with a quorum present by voice
that all hearings must be concluded prior to December 31, 1979. The
vote recommended that the Senate adopt S. 2981 if amended as
Commission's rules provide for the filing of proposed findings, briefs,
described herein.
and replies during the 100 days following the closing of the record
COMMITTEE AMENDMENTS
on the particular phase involved. This will allow the Commission
approximately five and one-half months to complete its final action
The Committee amendments are designed to achieve the objective
on the claim prior to the September 30, 1980, expiration date. An
of the Indian Claims Commission Act, passed on August 13, 1946, to
exception to this provision is made for hearings or proceedings leading
complete adjudication of all outstanding historical claims by Indian
to a compromise settlement of a claim. This will encourage and permit
tribes, bands, or other identifiable groups against the United States.
compromises at any time before September 30, 1980.
While the Committee continues to express its disappointment that
Section 4. The amendment to Section 28 provides that instead of
the Commission has failed to complete final adjudication of all land
annual reports to the Congress the Commission will semi-annually
and accounting claims pending before that forum, the Committee
submit a report on the progress and status of all remaining cases,
was persuaded by two compelling arguments to support the amend-
along with a projected completion date for each case.
ment to extend the life of the Commission to September 30, 1980:
It should be noted that the Indian Claims Commission will continue
(1) the Administration's recommendation that the life of the Com-
to be required to obtain yearly appropriation authorizations for each
mission be extended for one full year to April 10, 1978; and (2) the
fiscal year until its termination.
Court of Claims continued reluctance to assume the unfinished case-
load on April 10, 1977, and their preference that Congress enact
COST AND BUDGETARY CONSIDERATIONS
legislation to grant an extension to the life of the Commission. The
Committee, therefore, determined that the interests of the plaintiff
The enactment of S. 2981, as amended, will result in an expenditure
tribes and the public could best be served by authorizing a further
of approximately $1.6 million of federal appropriations.
extension to the life of the Commission.
Additionally, the Committee believes that the provision which
EXECUTIVE COMMUNICATION
sets a deadline for completion of hearings will serve as an added
stimulus to both counsel for plaintiff tribes and the Commission to
Set forth below is the Executive Communication from the Chairman
move expeditiously on all pending dockets.
of the Indian Claims Commission submitting and recommending this
Finally, the Committee expects the Commission to adhere to the
legislation together with the Commission's annual report for 1975:
statutory semi-annual reports to be submitted to Congress reflecting
the progress and status of all remaining cases, along with a projected
INDIAN CLAIMS COMMISSION,
completion date for each case.
Washington, D.C., May 6, 1975.
Hon. NELSON A. ROCKEFELLER,
SECTION-BY-SECTION ANALYSIS
President of the U.S. Senate,
Washington, D.C.
Section 1. This section authorizes appropriations not to exceed
DEAR MR. PRESIDENT: Enclosed is a proposed bill "To authorize
$1,650,000 to fund the Indian Claims Commission's activities for
appropriations for the Indian Claims Commission for fiscal year
fiscal year 1977. The Commission's approved budget for 1977 is
1977." We recommend that the proposed bill be introduced and
$1,530,000; an additional $120,000 is a contingent amount to cover
referred to the appropriate committee for consideration, and we
any unexpected items such as salary and cost of living increases.
recommend that it be enacted.
Section 2. The amendment to Section 23 extends the life of the
Indian Claims Commission for three and one-half additional years,
Fiscal Year 1977 Appropriation Authorization
until September 30, 1980. This will give the Commission the time
The legislation under which the Indian Claims Commission conducts
which is required to adjudicate the 155 claims which are presently
its program, the Indian Claims Commission Act, as amended, 25
pending.
U.S.C. § 70e (1972), states "There are authorized to be appropriated
for the necessary expenses of the Commission not to exceed $1,500,000
8
9
for fiscal year 1973, and appropriations for succeeding fiscal years
Summary of Indian claims cases on March 18, 1976*
shall be made only to the extent hereafter authorized by Act of
Number
of
Congress." In order to meet fiscal year 1977 program requirements,
Claims filed:
dockets
we propose that such sums as may be necessary to continue the pro-
Received through August 13, 1951
370
gram of the Indian Claims Commission be authorized. There is need
Causes severed from original claims and redocketed as separate claims
245
for enactment of this authorization in order for work to proceed during
Total docketed
615
the next fiscal year.
This proposed legislation is being submitted in conformance with
Claims disposed of
the Congressional Budget Act of 1974. The Office of Management
By awards certified to the Treasury Department totaling
$576,300,372.50
265
and Budget has advised that it is consistent with the program of the
By orders of dismissal
195
President.
Sincerely,
Total disposed of
460
JEROME K. KUYKENDALL,
Claims pending
155
Chairman.
Summary of the status of pending Indian claims:
A BILL To authorize appropriations for the Indian Claims Commission for fiscal
Pending before the Court of Claims on appeal from Commission decisions:
year 1977
Cases with final awards totaling $96,821.21 (Dockets 197, 206, and
Be it enacted by the Senate and House of Representatives of the United
208)
3
Cases with interlocutory decisions (Dockets 182-A, 196, 226, 229,
States of America in Congress assembled, That there is authorized to be
and 326-K)
5
appropriated to carry out the provisions of the Indian Claims Com-
mission Act, 25 U.S.C. § 70, during fiscal year 1977, such sums as
Total before the Court of Claims
8
may be necessary to continue the program of the Indian Claims
Pending before the Supreme Court on petitions for writs of certiorari
Commission.
to the Court of Claims or involved in such petitions:
INDIAN CLAIMS COMMISSION,
Cases with interlocutory decisions (Dockets 13-E, 13-F, 15-I,
Washington, D.C., January 19, 1976.
22-G, 27, 27-E, 29-D, 29-G, 64-A, 133-A, 133-C, 139, 141, 202,
Hon. HENRY M. JACKSON,
302, 308, 326-A, and 326-C)
18
Cases with orders dismissing the plaintiffs' claims (Dockets 18-K,
Chairman, Committee on Interior and Insular Affairs, U.S. Senate,
18-L, 89, 341-C, and 341-D)
5
Washington, D.C.
DEAR MR. CHAIRMAN: Pursuant to Section 28 of the Indian Claims
Total before the Supreme Court
23
Commission Act, a section added by the Act of March 30, 1972,
Pending under the Commission's jurisdiction:
86 Stat. 115, the Indian Claims Commission herewith submits to
Consolidated cases with final award in the sum of $12,262,780.63
the Committee on Interior and Insular Affairs of the Senate its
remanded by the Court of Claims (Dockets 73 and 151)
2
Case with final award of $10,000,000.00 not as yet reportable
report on the progress made and the work remaining to be completed
because of outstanding appeal rights of dismissed intervenors
by the Commission, as well as the status of each remaining Indian
(Docket 22-C)
1
claim case, along with a projected date for its completion.
Other cases in various stages of litigation
121
Covering the report is an overall summary of the Indian claims
cases filed with the Commission, those disposed of, and those re-
Total under the Commission's jurisdiction
124
maining at December 31, 1975. The information required in respect
*This summary is substituted for that of December 31, 1975, referred to in the Executive Communication
of January 19, 1976.
to the pending cases is set out on the other 37 pages of the report in
the order of the docket numbers of the cases. Except in those instances
where the cases are on appeal, or where appeals are considered certain,
the projected completion dates do not take into consideration time
that might hereafter be required for adjudication of appeals from
decisions by the Commission.
Sincerely yours,
JEROME K. KUYKENDALL,
Chairman.
Enclosure.
S.R. 737-2
PENDING INDIAN CLAIM CASES
IDecember 31, 1975]
[Key: Letter "x" marks the phase or phases in which the case is pending before the Commission. Letter "c" indicates the case is consolidated with one or more cases. Letter "b" indicates the case is in
posttrial briefing stage. Letter "s" indicates the case is submitted to the Commission for its decision.]
Projected com-
Docket No.
Plaintiff tribe, band or group, and comments
Liability or title Value
Accounting
Offsets
pletion date
13-E
Chippewa, Saginaw. Before the Court of Claims involved in appeals from decision on land title
May 1978.
issues in this and 9 other consolidated cases.
13-F
Chippewa, Saginaw. Before the Court of Claims involved in appeals from decision on land title
May 1978.
issues in this and 10 other consolidated cases.
13-G
Chippewa, Saginaw. On June 25, 1975, the Court of Claims affirmed the Commission's decision
February 1976.
dismissing this case. Pending before the Supreme Court on petition for writ of certiorari to
the Court of Claims. Land claim.
15-C
Potawatomi, Prairie, et al. Land claim
x, S
November 1976.
15-D
Potawatomi, Prairie, et al. Land claim
do
March 1977.
15-E
Potawatomi, Prairie, et al. Before the Supreme Court on petition for review of Court of Claims
March 1978.
decision affirming decision on land title issues in this and 12 other consolidated cases.
15-I
Potawatomi, Prairie, et al. On appeal in the Court of Claims from decision on land title issues in
May 1978.
this and 10 other consolidated cases.
15-L
10
Potawatomi, Prairie, et al. Land Claim.
X, c, S.
March 1977.
15-N
Potawatomi, Prairie, et al. On Mar. 7, 1975, the Court of Claims affirmed the Commission's
X, C
November 1977.
determination in this docket and dockets 128, 309, 310, 15-0, 15-Q, 15-R, 29-L, 29-M, 29-0,
and 29-P, consolidated with it, that it was the Potawatomi Tribe or Nation as a single land-
owning entiry that owned the lands involved in the consolidated dockets, which were ceded
by the treaties of Oct. 16, 1826 (7 Stat. 295), Sept. 20, 1828 (7 Stat. 317), Oct. 26, 1832 (7
Stat. 394), and Oct. 27, 1832 (7 Stat. 399), rather than only the actual Potawatomi parties to
those treaties. Jurisdiction over docket 15-N and the others in which the said determination
was affirmed returned to the Commission in June of 1975. Issues in respect to the value of the
ceded lands when they were acquired by the United States and the consideration paid for
them are set for trial on June 21, 1976.
15-0
Potawatomi, Prairie, et al. See comments under docket 15-N, above
do
Do.
15-P
Potawatomi, Prairie, et al. On Dec. 18, 1974, the Court of Claims affirmed the Commission's
C.
March 1977.
determination in this case, and dockets 306 and 29-N consolidated with it, that it was the
Potawatomi Tribe or Nation, rather than only the Potawatomi of the Prairie and Kankakee
that owned the Potawatomi interest in the land (Royce area 177) ceded to the United States
by the Treaty of Oct. 20, 1832 (7 Stat. 378). A motion for a rehearing was denied by the Court.
Jurisdiction over dockets 15-P, 306 and 29-N returned to the Commission in May of 1975.
Issues in respect to the value of the ceded land when it was acquired by the United States
and the consideration paid for it are set for trial to commence immediately after the trial
scheduled to begin on June 21, 1976, which is mentioned under docket 15-N, above.
15-Q
Potawatomi, Prairie, et al. See comments under docket 15-N, above
C.
November 1977.
15-R
Potawatomi, Prairie, et al. See comments under docket 15-N, above
X, C
November 1977.
18-D
Chippewa, Bois Foret. Land claim
X, S.
May 1976.
18-F
Chippewa, Bay Mills (Sault Ste. Marie Bands). On appeal in the Court of Claims from the
June 1976.
Commission's dismissal order and related determinations. Land claim.
18-J
Chippewa, Red Lake. Involved in appeals in the Court of Claims from a decision on land title
February 1976.
and related issues in this and 4 other consolidated cases, which decision includes an order
dismissing this case.
18-K
Chippewa, Red Lake. Involved in appeals in the Court of Claims from a decision on land title
Do.
and related issues in this and 10 other consolidated cases, which dedision includes an order
dismissing this case.
18-L
Chippewa, Red Lake. Involved in appeals in the Court of Claims from a decision of land title
Do.
and related issues in this and 9 other consolidated cases, which decision includes an order
dismissing this case.
18-M
Chippewa, Red Lake. On June 25, 1975, the Court of Claims affirmed the Commission's decision
Do.
dismissing this case. Pending before the Supreme Court on petition for writ of certiorarl to
the Court of Claims. Land claim.
18-S
Chippewa, Minnesota on behalf of Missippi and Lake Superior Bands. Land claim
X, S
December 1976.
18-U
Chippewa, Minnesota on behalf of Lake Superior Bands. Land claim on which an interlocutory
X
Do.
award of $3,250,000.00 has been entered. Remaining issues involved in defendant's claim
for offset credits on account of payments on the claim and gratutitous expenditures are set
for trial on Jan. 27, 1976. Inter alia, the value of several reservation tracts is claimed as
payment on the claim.
19
Chippewa, Minnesota. Accounting case proceeding in consolidation with dockets 189-A and
X, c, b (on
September 1979.
189-B. Plaintiffs' exceptions to defendant's accounting in these cases assert, inter alia, what
show-cause
amount to claims for compensat,on for the taking of tribal real properties. The disposition
order).
of such claims might require land valuation proceedings separate from the accounting claims.
Under the Commission's orders of June 18, 1975, and Dec. 17, 1975, the plaintiffs in dockets
19 and 189-A are required to show cause by Feb. 1, 1976, why their claims in those dockets
should not be dismissed insofar as they seek an accounting under the Nelson Act of 1889,
or other relief, by reason of estoppel by judgment or collateral estoppel arising from judg-
ments of the Court of Claims in Chippewa cases brought under the Special Jurisdictional Act
11
of May 14, 1926 (44 Stat. 555), as amended by the Acts of Apr. 11, 1928 (44 Stat. 423), and
June 18, 1934 (45 Stat. 979). An appeal from the Commission's determinations in the show-
cause proceeding is considered likely regardless of how the Commission rules.
22-C
Lipan Apache, et al. Land case. Submitted to the Commission for its decisions on (1) a motion X, S (on
December
by Pueblo de San Antonio de la Ysleta Del Sur for amendment of the Commission's decision
motions).
1978.
of Jan. 15, 1975, dismissing the Pueblo's application to intervene, (2).a motion by the plain-
tiffs for rehearing in respect to a decision of Mar. 14, 1975, on remanded land-title and
related issues, and (3) defendant's motion of Aug. 18, 1975, for admission of evidentiary
exhibits. The parties have been engaged in extensive settlement negotiations and a com-
promise settlement of this case is considered likely. The projected completion date will
apply if the case is not settled.
22-G
Mescalero Apache, et al. Accounting case on appeal in the Court of Claims from the Commis-
Do.
sion's decision of Oct. 4, 1973, on interest issues.
22-H
San Carlos Apache, et al. Accounting case. Issues arising from defendant's management of
X
Do.
plaintiffs' funds are set for trial on May 17, 1976. Accounting issues relating to properties
other than funds are being framed for trial.
27
Delaware. Before the Court of Claims involved in appeals from decision on land title issues
May 1978.
in this and 10 other consolidated cases.
27-B
Delaware. Before the Supreme Court on petition for review of Court of Claims decision affirm-
March 1978.
ing Commission's determination of land title issues in this and 12 other consolidated cases,
27-E
Delaware. On appeal in the Court of Claims from decision on land title issues in this and 9
May 1978.
other consolidated dockets
Projected com-
Docket No.
Plaintiff tribe, band or group, and comments
Liability or title Value
Accounting
Offsets
pletion date
28
Potawatomi, Hannahville, et al. Accounting claim that had been held in abeyance pending
X
September
outcome of appeals to the Court of Claims involving the Commission's decision on the ques-
1979.
tion of the political structure of the Potawatomi Indians. The Court recently affirmed the
Commission's decision on that question. Plaintiffs' exceptions to the defendant's account-
ing are awaited.
29-A
Potawatomi, Hannahville, et al. Land claim
S
November
1976.
29-B
do
X, S
March 1977.
29-C
Potawatomi, Hannahville, et al. Before the Supreme Court on petition for review of the Court
March 1978.
of Claims decision affirming the Commission's determination of land title issues in this and
12
12 other consolidated cases.
29-D
Potawatomi, Hannahville, et al. Before the Court of Claims involved in appeals from the deci-
May 1978.
sion on land title issues in this and 9 other consolidated cases.
29-E
Potawatomi, Hannahville, et al. On appeal in the Court of Claims from decision on land title
Do.
issues in this and 4 other consolidated cases.
29-G
Potawatomi, Hannahville, et al. Before the Courts of Claims involved in appeals from the deci-
May 1978.
sion on land title issues in this and 10 other consolidated cases.
29-I
Potawatomi, Hannahville, et al. Land claim
X, c, $
March 1977.
29-L
Potawatomi, Hannahville, et al. Land claim. See comments under Docket 15-N, above
X,
November 1977.
29-M
do
do
Do.
29-N
do
do
Do.
29-0
do
do
Do.
29-P
do
do
Do.
40-F
Ottawa Land claim. On June 25, 1975, the Court of Claims affirmed the Commission's decision
February 1976.
dismissing this case. Pending before the Supreme Court on petition for writ of certiorari to
the Court of Claims.
59
Chippewa, Saginaw. On appeal in the Court of Claims from decision on land title issues in this
May 1978.
and 4 other consolidated cases.
60-A
Makah. Submitted to the Commission for its decision on the question of the drfendant's lia- X,
S
December 1978.
bility arising from an alleged promise to supply plaintiff with fishing gear and other equip-
ment. The parties have agreed to the value of the land in suit.
64
Shawnee. Before the Supreme Court on petition for review of the Court of Claims decision
March 1978.
affirming the Commission's determination of land title issues in this and 12 other consoldia-
ted cases.
64-A
Shawnee. On appeal in the Court of Claims from decision on land title issues in this and 10
May 1978.
other consolidated cases.
69
Navajo. The 7th claim in this case, a claim for a general accounting, is proceeding in consolida-
X
C
April 1980.
tion with other Navajo accounting claims in dockets 299 and 353. 7 other claims in docket 69
are proceeding separately from the general accounting claim. The other 7 claims involve,
inter alia, allegations of loss of tribal lands, unauthorized use of tribal lands, unauthor-
ized removal of oil, gas and other land resources, failure of defendant to carry out educa-
tion obligations, and allegations in claim 8 of the violation of an alleged agreement of 1886
under which members of the Navajo Tribe served as scouts, guides, reserves and in other
capacities with defendant's armed services in wars agains tthe Apache Tribe of Indians.
Issues to be tried in the accounting claims in docket 69, 229 and 353, and the other claims
in docket 69 are in process of being framed. Pending under the accounting claims in
dockets 69, 299 and 353 are, inter alia, plaintiff's motion for an up-to-date accounting of
tribal funds expended for miscellaneous agency expenses; defendant's motion for partial
summary judgment that it is not liable for transactions pertaining to 35 separate funds
identified in its motion; defendant's motion to dismiss or to strike certain of plaintiff's ex-
ceptions to defendant's accounting or for more definite statements of those exceptions,
which motion was submitted as a partial response to plaintiff's supplemental exceptions
to defendant's accounting; and plaintiff's objections to defendant's interrogatories to the
Navajo Tribe. In one of its supplemental exceptions to defendant's accounting the plaintiff
alleges that defendant failed to disclose revenues, disbursements, and balances of Navajo
funds which were maintained jointly with other tribes, including the Hopi Tribe. To protect
itself against being held liable for the same funds in the Hopi case the defendant moved that
proceedings on the accounting claims in dockets 69, 299 and 353 be stayed until such time as
they can be consolidated with the accounting claim in count 9 of the Hopi case in docket 196,
which is on appeal. The Commission's order of Oct. 30, 1975, denied without prejudice
defendant's motion for such stay of proceedings and requires the plaintiff to submit all
available information pertaining to revenues, disbursements and balances of Navajo funds
which may have been comingled with the funds of other tribes, and after receipt of this
information requires the defendant to file a full report concerning the alleged comingling of
13
funds. Under the Commission's order of May 28, 1975, and Oct. 8, 1975, relating to claim 8 in
docket 69, the Navajo Tribe has time through Jan. 30, 1976, within which to submit evidence
tending to show that the 1886 agreement alleged in that claim was actually made, and that
the agents of the defendant who made the agreement purported to act for and bind the
defendant, and that they had authority to do SO.
71
Potawatomi, citizen, land claim
73
X-,C, S
November 1976.
Seminole Indians of Florida, Before the Court of Claims involved in an appeal by the Creek
March 1976.
Nation east of the Mississippi, plaintiff in docket 280, from the Commission's order of
Sept. 13, 1974, dismissing the claims of the Creek Nation east in docket 280 and severing
that docket from consolidation with Seminole dockets 73 and 151. These 3 dockets had
been consolidated so that an overlap between the Creek and Seminole claims could be
resolved. A remand directive by the Court of Claims in its decision on prior appeals from
a final award of $12,262,780.63 on the Seminole Florida land claim in consolidated dockets
73 and 151 requires the Commission to furnish more specific findings and reasoning as to
its valuation of the lands in suit. A compromise settlement of the Seminole land claim in
dockets 73 and 151 is considered likely after jurisdiction over these dockets returns to the
Commission.
73-A
Seminole Indians of Florida. The claim designated as count I in the amended petition in this
September 1977.
case was severed from this docket and assigned docket No. 73-B by the Commission's
order of Jan. 16, 1974. The dismissal of the claim in docket 73-B was reported to the Con-
gress on July 29, 1975. The remaining claim in docket 73-A, alleged as arising from the
exchange of a 99,200 acre reservation in Monroe County, Fla., for a 104,000-acre reservation
in Broward County, Fla., is set for trial on Mar. 18, 1976, on issues concerning the fair-
ness and adequacy of the consideration involved in such exchange.
PENDING INDIAN CLAIM CASES-Continued
[December 31, 1975]
[Key: Letter "x" marks the phase or phases in which the case is pending before the Commission. Letter "c" indicates the case is consolidated with one or more cases. Letter "b" indicates
the case is in posttrial briefing stage. Letter "s" indicates the case is submitted to the Commission for its decision.]
Projected com-
Docket No.
Plaintiff tribe, band or group, and comments
Liability or title Value
Accounting
Offsets
pletion date
74
Sioux Nation. Submitted to the Commission for its decision on the value of the Teton Sioux's
X, $
July 1977.
interest in the lands relinquished to the United States by the Treaty of Apr. 29, 1868 (15
Stat. 635), and set for trial on Jan. 20, 1976, on an issue remanded by the Court of Claims
in respect to the apportionment between the Teton and Yankton Sioux divisions of the
land recognized by the 1851 Treaty of Fort Laramie as being Sioux land.
74-B
Sioux Nation (Black Hills claim). Pending before the Supreme Court on petition for review
December 1976.
of the decision by the Court of Claims on an appeal by the Government from the Commis-
sions' interlocutory decision of Feb. 15, 1974, on valuation and liability issues (appeal No.
16-74, United States versus Sioux Nation of Indians, with which the bill S. 2780, introduced
by Senator Abourezk on Dec. 12, 1975, is concerned).
80-A
Mission Indians of California, et al. After submission to the Commission for its decision on
X,
$
April 1977.
liability issues, the record was reopened on plaintiffs' motion for receipt of additional
evidence. Additional documentary evidence was adduced in behalf of the plaintiffs and is
before the Commission for rulings on defendant's objections thereto. All of the additional
evidence has been examined and the Commission's rulings on the defendant's objections
will be issued after release of the Commission's forthcoming decision on the Soboba claim
in this document, mentioned below, which involves some of the same issues presented in
the defendant's objections. Water rights case.
Soboba Band of Mission Indians. The Soboba claims in docket 80-A are proceeding separately
do
December 1976.
from those of the other claimant Mission Indians. Water rights case.
80-B
Mission Indians of California, et al. Claim for a general accounting. Plaintiffs' have filed no
X
December 1976.
exceptions to the defendant's accounting. Pending on defendant's motion of Apr. 15, 1975,
for summary judgment dismissing the plaintiffs' petition.
87-A
Northern Paiute Nation, et al. During July of 19751 of the causes in this case, a claim for dam-
X
X
December 1979.
ages suffered by the Pyramid Lake Paiute Tribe by reason of its not having received all of
the water to which it was and is entitled under rights reserved for its benefit in connection
with the establishment of the Pyramid Lake Indian Reservation in 1859, was severed from
docket 87-A, assigned docket No. 87-B and finally concluded by an award of $8,000,000.00
entered in consonance with a compromise settlement agreement between the parties. The
remaining claims under prosecution in docket 87-A are concerned with, inter alia, alleged
unauthorized use and appropriations of resources and facilities of plaintiffs' aboriginal lands
prior to extinguishment of their aboriginal title; particular wrongs to Pyramid Lake Reserva-
tion properties, other than those relating to water rights; particular wrongs to Walker River
Reservation properties; failure to protect the water rights of the Walker River Paiute Tribe;
destruction of tribal way of life and existence; and plaintiffs' funds and properties that have
been under the control and management of the Government-a general accounting of these
funds and properties is sought. The Commission is advised by counsel for the parties that a
proposal by the plaintiffs for a compromise settlement of the remaining claims is under con-
sideration by the Government. The projected completion date will apply if the parties are
unable to agree upon a settlement of the remaining claims.
89
6 nations, et al. Land claim. On June 25, 1975, the Court of Claims affirmed the Commission's
June 1976.
decision dismissing this case. Pending before the Supreme Court on petition for writ of cer-
tiorari to the Court of Claims.
100-B
Klamath and Modoc Tribes and Yahooskin Band of Snake Indians. General accounting case.
X b (100-B -2
December 1977.
There are 2 groups of accounting claims in this docket, which, pursuant to a 1972 pretrial
group).
order, are proceeding separately. 1 group, designated by the pretrial order as docket 100-
B-2, consisting of claims arising from the alleged mismanagement of the claimants' forest
and sawmill operations, has been tried on issues in respect to the Government's liability
and is being briefed by the parties on those issues.
The other group, designated by the pretrial order as docket 100-B-1, consisting of the claim-
X (100-B -1
Do.
ants' accounting claims other than those relating to its forest and sawmill operations, have
group).
been the subject of extensive settlement negotiations. During October 1975 2 of the account-
ing claims in this group-a "grazing claim" arising from the Government's alleged mis-
management of Klamath grazing and agricultural lands and irrigation, and a "rights-of-way
claim" arising from conveyance of rights-of-way through tribal lands for less than their
market value-were severed from this case, assigned docket No. 100-C, and finally disposed
of with a final award in the sum of $785,000.00 entered in consonance with a settlement
agreement between the parties. Settlement negotiations are understood to be continuing be-
tween the parties as to the remaining claims in the docket 100-B-1 group, which consist of a
claim arising from mismanagement of claimants' funds involving improper disbursements,
and a delayed deposits claim involving loss of interest.
102
Papago. Pursuant to the Commission's order defendant has supplemented its accounting in
X
September 1977.
certain respects. Set for trial of accounting issues on Mar. 15, 1976.
113
Chippewa, Turtle Mountain. This case and cases consolidated with it in dockets 191, 221 and
x,c,b
March 1977.
246 were tried in August 1975 on valuation issues in respect to claims arising from the
McCumber Agreement of 1892 involving lands in North Dakota. A portion of docket 113
relating to land in the valley of the Red River of the North was completed with an award in
15
consolidation with dockets 18-A and 191.
115
Sioux of Crow Creek Reservation, S.D. Accounting claim for the period following June 30, 1925.
X.
June 1978.
Accounting for an earlier period was adjudicated by the Court of Claims. Some issues have
been decided, others are in process of being framed. Consideration of issues in respect to
alleged improper expenditures of tribal funds for education purposes have been deferred by
the Commission's order of Dec. 11, 1975, pending determination of the same issues in the
Sioux case in docket 74-B. The Commission's order of Dec. 11, 1975, requires defendant to
furnish supplementary accounting in respect to disbursements from plaintiff's IMPL funds.
116
Sioux of Lower Brule Reservation, S.D. Same comments as under docket 115, above, except for
X
Do.
the last sentence of those comments.
117
Sioux of Pine Ridge Reservation, S.D. Same comment as under docket 115, above. Pending on
X
X
June 1978.
plaintiff's motion of Nov. 19, 1975, for summary judgment that defendant is liable for a taking
under the 5th Amendment of lands belonging to the plaintiff disposed of after June 30, 1925,
pursuant to the Act of May 27, 1910 (35 Stat. 440), for the value of those lands as of the dates
on which the respective final certificates for such lands were issued, less appropriate offsets,
and for a pretiral conference.
118
Sioux of Rosebud Reservation, S.D. Same comment as under docket 115, above, except for the
X
X
Do.
last sentence of those comments. Pending on plaintiff's motion of Nov. 13, 1975, for a sum-
mary judgment that defendant is liable for a taking under the 5th Amendment of tribal lands
disposed of after June 30, 1925, under the Acts of Apr. 23, 1904 (33 Stat. 254), Mar. 2, 1907
(34 Stat. 1230), and May 30, 1910 (36 Stat. 448), for the value of those lands as of the dates
of the respective final certificates for such lands, less appropriate offsets, and for pretrial
conference.
PENDING INDIAN CLAIM CASES-Continued
[December 31, 1975]
[Key: Letter "x" marks the phase or phases in which the case is pending before the Commission. Letter "c" indicates the case is consolidated with one or more cases. Letter "b" indicates
the case is in posttrial briefing stage. Letter "s" indicates the case is submitted to the Commission for its decision.]
Projected com-
Docket No.
Plaintiff tribe, band or group, and comments
Liability or title Value
Accounting
Offsets
pletion date
119
Sioux of Standing Rock Reservation, S.D. Same comment as under docket 115, above. Pending
X
X
Do.
plaintiff's motion of Nov. 13, 1975, for a summary judgment that defendant is liable for a
taking under the 5th Amendment of tribal lands disposed of after June 30, 1925, under the
Acts of May 29, 1908 (35 Stat. 460), and Feb. 14, 1913 (37 Stat. 675), for the value of those
lands as of the dates of the respective final certificates for them, less appropriate offsets,
and for a pretrial conference.
120
Wyandotte. Before the Supreme Court on petition for review of Court of Claims decision affirm-
March 1978.
ing decision on land title issues in this and 12 other consolidated cases.
124-B
Miami of Indiana. This case and an identical case of the Miamis of Oklahoma in docket 254 are
November 1977.
to be tried on land valuation issues with some Potawatomi cases, which have been on appeal,
during June of 1976. Substantial portions of the lands to be valued were jointly owned by
Miamis and Potawatomis. Jurisdiction over the Potawatomi cases returned to the Commis-
sion in June of 1975,
128
Potawatomi, Citizen, et al. See comments under docket 15-N, above
do
Do.
130
Miami of Indiana. Before the Supreme Court on petition for review of Court of Claims decision
March 1978.
affirming decision on land title issues in this and 12 other consolidated cases.
16
133-A
Ottawa. On appeal in the Court of Claims from decision on land title issues in this and 9 other
May 1978.
consolidated cases.
133-B
Ottawa. On appeal in the Court of Claims from decision on land title issues in this and 4 other
Do.
consolidated cases.
133-C
Ottawa. On appeal in the Court of Claims from decision on land title issues in this and 10 other
Do.
consolidated cases.
134
S'ktallam (Clallam). Submitted to the Commission for decisions on plaintiff's motion for re-
X,
May 1976.
hearing and amendment of the Commission's determinations in respect to the consideration
paid for the plaintiff's land, and the defendant's claim for offsets against an interlocutory
award of $400,820.00.
139
Wyandotte. Wyandotte. On appeal in the Court of Claims from decision on land title issues in
May 1978.
this and 9 other consolidated cases.
140
Wyandotte. On appeal in the Court of Claims from dismissal order and decision on land title
February 1976.
issues in this and 4 other consolidated cases.
141
Wyandotte. On appeal in the Court of Claims from decision on land title issues in this and 10
May 1978.
other consolidated cases.
151
Seminole Indians of Oklahoma. Pending before the Court of Claims with dockets 73 and 280.
December 1976.
See comments under docket 73, above. Florida land claim.
158
Sac and Fox Tribes. Pending before the Supreme Court on petition for review of Court of Claims
February 1976.
decision affirming the Commission's final determinations and award of $3,530,578.21 on
the plaintiffs' land claim in this case.
169
Creek Nation. Claim for damages founded on allegations of wrongful enrollments and allot-
X, b
April 1977.
ments.
178-A
Confederated Tribes of Colville Reservation. Accounting cliam for period beginning July 1,
X
December 1977.
1951. Awaiting information from plaintiff on accounting wrongs that commenced prior to
Aug. 13, 1946, and continued beyond June 30, 1951.
179-A
Nez Perce. Same comment as under docket 178-A, above
do
Do.
181-C
Confederated tribes of Colville Reservation. Plaintiffs' petition asserts claims arising from the
X
X
April 1977.
alleged (1) spoilation and depletion of their fisheries and fishing grounds, (2) loss of rights
to common hunting grounds (dismissed by the Commission on June 13, 1975), (3) removal
of resources from plaintiffs' lands prior to extinguishment of their title thereto, and (4)
failure of the Government to protect plaintiffs' rights to compensation for the taking and use
of their lands by railroad companies. Set for trial on liability and damage (valuation) issues
to commence on June 1, 1976.
182
Apache, Fort Sill, Chiricahua, and Warm Springs. Claims for: (1) compensation for the taking X, b
X
March 1977.
of plaintiffs' interest in lands of the Fort Sill Military Reservation (liability issues involved
in this claim are being briefed by the parties), and (2) damages arising from defendant's
alleged wrongful actions in respect to plaintiffs' reservation products and properties, and
funds belonging to plaintiffs-a general accounting is sought.
182-A
Apache, Fort Sill, Chiricahua, and Warm Springs. On appeal before the Court of Claims from an
January 1977.
interfocutory award of $10,830,860.40 entered on May 10, 1974, on plaintiffs' claim founded
on allegations that the United States acted unfairly and dishonorably toward the plaintiffs
incident to the removal by third parties prior to Sept. 4, 1886, of minerals from the lands
then held by plaintiffs under aboriginal title.
184
Fort Peck Indians. Accounting case before the Court of Claims on defendant's appeal from
April 1980.
interlocutory decisions on issues raised by plaintiffs' exceptions to defendant's accounting.
One of several points relied on in defendant's appeal is that: 'The Commission erred in
holding that a 5th Amendment taking [of plaintiffs reservation land] may be raised for the
first time by exception in a general accounting case after the statute of limitations has run.
188
Chippewa, Minnesota, et al. Proceeding in consolidation with docket 189-C (Red Lake Band). X, C.
C.
November 1979.
Claims are asserted in both of these dockets for a general accounting of all property and
money under management and control of the defendant, except that received or expended
pursuant to the Nelson Act of 1889, and claims for compensation for tribal property. Some
issues have been decided, others are in process of being framed. Pending on plaintiffs'
motion of Oct. 20, 1975, for determination of questions of the defendant's liability and pay-
17
ments on the claim covered by count 2 of the complaint, which count asserts a claim for
compensation arising from the taking of reservation land in consequence of the construction
and maintenance of dams and reservoirs at Lake Winnibigoshish and Leech Lake Minnesota.
The defendant has asked for an extension of time through Feb. 9, 1976, within which to file
its response to the plaintiffs' motion.
189-A
Chippewa, Red Lake. Claim for an accounting of the proceeds from the sale of land and timber
X, C, b (on
September 1979.
under the Nelson Act of Jan. 14, 1889. Proceading in consolidation with dockets 19 and
show-cause
189-B. See comments under docket 19, above.
189-B
order).
Chippewa, Red Lake. Claim for discovery and accounting of proceeds of sale of land and timber
X, C.
Do.
in Royce area 706 made pursuant to the Nelson Act of 1889, which claim overlaps to some
extent the accounting claims in dockets 19 and 189-A. Also a claim for an alleged 5th Amend-
ment taking of Royce area 706 that the Commission dismissed in 1972. An eventual appeal
from this dismissal is considered likely. Proceeding in consolidation with dockets 19 and
189-A. See comments under docket 19, above.
189-C
Chippewa, Red Lake. Accounting and damage claims. Proceeding in consolidation with docket X, C.
x, C.
November 1979.
188. See comments under docket 188, above.
191
Chippewa, Little Shell. This case and cases consolidated with it in dockets 113, 221 and 246
X, b.
March 1977.
were tried in August 1975 on valuation issues in respect to claims arising from the McCumber
Agreement of 1892 involving lands in North Dakota. A portion of this case relating to land in
the valley of the Red River of the North was completed with an award in consolidation with
dockets 18-A (Red Lake Band, et al.) and 113. Another part of this case relating to land in
Montana was dismissed by the Commission's order of Apr. 5, 1974.
PENDING INDIAN CLAIM CASES-Continued
[December 31, 1975]
[Key: Letter "x" marks the phase or phases in which the case is pending before the Commission. Letter "c" indicates the case is consolidated with one or more cases. Letter "b" indicates
the case is in posttrial briefing stage. Letter "s" indicates the case is submitted to the Commission for its decision.]
Projected com-
Docket No.
Plaintiff tribe, band or group, and comments
Liability or title Value
Accounting
Offsets
pletion date
196
Hopi. On appeal before the Court of Claims from the Commission's determinations of land
July 1979.
title and related issues in this case and an overlapping part of the Navajo land claim in
docket 229. On June 20, 1975, the Court issued an order upon a motion by the Government
requiring the Commission to stay all proceedings relating to count 9 of the plaintiff's petition,
a general accounting claim, until the present appeal is disposed of by the Court.
197
Nisqually. On appeal before the Court of Claims from the Commission's final award of
July 1976.
$80,013.07. Land claim.
202
Delaware, Absentee. On appeal in the Court of Claims from decision on land title issues in
May 1978.
this and 9 other consolidated cases.
203
Puyallup. Land claim, Plaintiff allowed its claim attorney's contract of employment to expire.
X
April 1977.
Valuation issues are under study by the Commission's investigation division.
206
Squaxin. On appeal before the Court of Claims from the Commission's final award of
July 1976.
$7,661.82. Land claim.
208
Steilacoom. Land claim. On appeal before the Court of Claims from the Commission's final
Do.
18
award of $9,146.32.
209
Sac and Fox Tribes. Land claim. Pending before the Supreme Court on petition for review of
February 1976.
Court of Claims decision affirming the Commission's final determinations and dismissal of
this claim.
212
Wyandotte. Land and accounting claims
X,
X
December 1977.
213
Wyandotte. Land claim
do
December 1976.
216
Potawatomi, Citizen, et al. Land Claim
x, c, S
March 1977.
221
Chippewa Cree and Little Shell. This case and cases consolidated with it in dockets 113, 191
X, c, b
Do.
and 246 were tried in August 1975 on valuation issues in respect to claims arising from the
McCumber Agreement of 1892 involving lands in North Dakota.
221-A
Chippewa Cree, et al. Dismissal of this case appears likely as the claim involved is being
X
May 1976.
determined in other cases. Land claim.
221-C
Chippewa Cree, et al. Accounting claim. Plaintiffs' exceptions to defendant's accounting have
X
September 1977.
been answered. An adjudication on the record after a coming pretrial conference is likely.
226
Caddo Tribe of Oklahoma, et al. In 1969, after an interlocutory decision on the value of the
December 1977.
Caddo land had been entered in this case, the Commission vacated an earlier order dismiss-
ing counts II and IV of plaintiffs' petition asserting an aboriginal land claim not involved in
the value decision. Thereafter, the Alabama-Coushatta Tribes of Texas and the Coushatta
Indians of Louisiana, the Wichita Indian Tribe of Oklahoma, and the Tonkawa Tribe of
Indians of Oklahoma were allowed to become parties plaintiff by intervention and trial was
had of land title and related issues involved in the reinstated aboriginal land claim in counts
11 and IV. On Jan. 24, 1975, the Commission entered orders in dockets 226 dismissing all of
the invervenors' complaints in intervention and counts H and IV of the plaintiffs' petition.
Docket 226 is pending before the Court of Claims on appeals by the Alabama-Coushatta
Tribes of Texas and the Tonkawa Tribe of Indians of Oklahoma from the order dismissing
the complaints in intervention. If this dismissal order is affirmed, the defendant's claim for
offsets will remain to be adjudicated when jurisdiction over docket 226 returns to the
Commission, together with a general accounting claim.
228
Gila River Pima-Maricopa Indian Community, et al. Land claim. The Commission's determina-
X.
June 1978.
tions as to the date of extinguishment of plaintiffs' aboriginal title were affirmed by the
Court of Claims on Apr. 17, 1974. Plaintiffs' petition for a writ of certiorari to the Court of
Claims was denied by the Supreme Court on Nov. 18, 1974. Trial of valuation and considera-
tion issues set for Nov. 17, 1975, was reset for Monday, June 28, 1976, on plaintiffs' motion.
After oral argument on said motion, the Commission concluded that irreparable harm to
plaintiffs would result unless longer preparation for trial were allowed.
229
Navajo. Before the Court of Claims involved in the Hopi appeal mentioned under docket 196,
February 1979.
above. Docket 229 is to be set for trial of land valuation issues after the appeal is decided.
231
Sac and Fox Tribes. Pending before the Supreme Court on petition for review of Court of
February 1976.
Claims decision affirming the Commission's final determinations and award of $943,799.79
on the plaintiffs' land claim in this case.
235
Indians of Maricopa-Ak Chin Reservation, et al. Of 6 causes of action alleged in plaintiffs'
X,S (on motions)
April 1980.
petition all except the 6th, a claim for a general accounting, have been dismissed. Sub-
mitted to the Commission for its decision on defendant's motion for partial summary
judgment dismissing certain of the plaintiffs' exceptions to defendant's accounting report,
defendant's motion to strike plaintiffs' more definite statement and accompanying exhibits,
plaintiffs' motion for an order requiring defendant to supplement its accounting, and
plaintiffs' motion for an order compelling discovery.
236-A
Gila River Indian community. This docket and docket 236-B are proceeding together since both
S
X, c, $ (in part)
December 1976.
suits arose out of the placing of a relocation center for west coast evacuees during World War
II on plaintifts' reservation. The 2 cases are submitted to the Commission for its decision
on the issue of the amount of damages sustained by plaintiffs and an issue remanded by the
Court of Claims concerning a demand by defendant for offset credit for certain road expendi-
tures.
236-B
Gila River Indian community. See comments under docket 236-A, above
do
do
Do.
236-C
Gila River Pima-Maricopa Indian community. Winters Doctrine water claim. Tried during X, b
March 1979.
August 1974 on the question of whether plaintiffs were deprived of the use of Gila River water
they could have beneficially used, and if so, whether defendant is liable for that deprivation.
236-D
19
Gila River Pima-Maricopa Indian community, et al. Winters Doctrine claim case based on allega-
do
Do.
tions of unlawful diversion of waters of the Salt River to which plaintiffs were entitled. Tried
on liability issues in December 1974.
236-E
Gila River Pima-Maricopa Indian community, et al. Action to recover alleged wrongfully
X, S.
December 1976.
imposed operation and maintenance charges for the San Carlos Irrigation project. Sub-
mitted to the Commission for its decisions on the amount of damages sustained by plaintiffs
and on plaintiffs' motions for summary judgment and to enlarge and correct the record.
236-F
Gila River Pima-Maricopa Indian community, et al. Damage claim based on allegations that de- X,
b,
C
April 1979.
fendant failed in its duty to properly develop irrigation by percolating ground water on the
Gila River Indian Reservation and to properly conduct a leasing program for plaintiffs' prop-
erty. Tried on liability issues in December of 1972 in consolidation with docket 236-I. Plain-
tiffs' brief on those issues is awaited.
236-I
Gila River Pima-Maricopa Indian community, et al. Claim for damages involving, inter alia,
do
Do.
alleged wrongful use and taking of plaintiffs reservation lands and failure of defendant to
properly supervise and enforce provisions of leases of reservation land to third parties.
Tried on liability issues in consolidation with docket 236-F. Plaintiffs' brief on those issues is
awaited.
236-N
Gila River Pima-Maricopa Indian community, et al. Claim for general accounting of defendant's
X
Do.
management of funds and other property of the plaintiffs. Some issues have been decided,
others are in process of being framed. After being ordered to do so, defendant filed a supple-
mental accounting report on Aug. 18, 1975. A motion by plaintiffs of Nov. 17, 1975, for an
order requiring defendant to file a supplemental accounting covering plaintiffs' interest in
the Salt River project was denied as being not sufficiently specific for the Commission to de-
termine exactly what information plaintiffs desire. Plaintiffs were allowed time through Jan.
12, 1976, within which to file a more specific request for supplemental accounting.
PENDING INDIAN CLAIM CASES-Continued
[December 31, 1975]
[Key: Letter "x" marks the phase or phases in which the case is pending before the Commission. Letter "c" indicates the case is consolidated with one or more cases. Letter "b" indicates
the case is in posttrial briefing stage. Letter "s" indicates the case is submitted to the Commission for its decision.]
Projected com-
Docket No.
Plaintiff tribe, band or group, and comments
Liability or title Value
Accounting
Offsets
pletion date
246
Chippewa, Pembina Band, et al. This case and cases consolidated with it in dockets 113, 191
X, c, b
March 1977.
and 221 were tried during August 1975 on valuation issues in respect to claims arising from
the McCumber Agreement of 1892 involving lands in North Dakota.
247
Seminole Nation, Oklahoma. The Court of Claims affirmed in part the Commission's dismissal
X, S (on motion)
August 1977.
of this case, reversed the dismissal as to a part concerning railroad station reservations of
Seminole land that were vested in municipalities by the Act of Apr. 26, 1905 (34 Stat. 137),
and remanded this matter to the Commission for further proceedings to determine the
number and location of such reservations and fair compensation to the Seminole Nation
for them. The case is submitted to the Commission for its decision on plaintiff's motion for
determination of the dates the railroad station reservations should be valued and the mea-
sure of plaintiff's damages. Oral argument on this motion is set for Jan. 9, 1976.
249
Choctaw Nation. 3 of 4 specific accounting claims in plaintiff's petition (the 1st, 2d and 4th)
X,
June 1978.
have been dismissed leaving for determination the 3d specific accounting claim and a gen-
eral accounting claim. Currently pending on a motion by defendant for partial summary
judgment dismissing a portion of plaintiff's petition and some of plaintiff's exceptions to
defendant's accounting reports and on responses to an order by the Commission that de-
20
fendant show cause why it should not be required to produce certain additional accounting
data.
250-A
Fort Belknap Indian Community (Sometimes referred to as the Gros Ventre Tribe and the
X, b, C
June 1979.
Assiniboine Tribe of Fort Belknap Indians). General accounting claim. A decision dated
Oct. 18, 1973, in this case and an accounting case consolidated with it in Docket 279-C
(Blackfeet and Gros Ventre) decided some accounting issues, disposed of some complex
motions and required, inter alia, that defendant supplement its accounting in certain re-
spects. A trial of accounting issues in dockets 250-A and 279-C that commenced on Sept. 30,
1975, was concluded on Nov. 3, 1975, The plaintiff's proposed findings of fact and brief on
those issues will become due, under an order of Nov. 5, 1975, ninety days following com-
pletion of the trial mentioned under docket 279-D (Blackfeet), below. Defendant's pro-
posed findings of fact and brief will become due 90 days after service of plaintiff's proposed
findings and brief. Thereafter plaintiff's will have 20 days within which to file a reply brief.
252
Miami of Oklahoma. Before the Supreme Court on petition for review of Court of Claims de-
March 1978.
cision affirming decision on land title issues in this and 12 other consolidated cases.
254
Miami of Oklahoma. See comments under docket 124-B, above
X, C
November 1977.
272
Creek Nation, Oklahoma, After affirmance fy the Court of Claims of the Commission's decision
X, S
November 1976.
on land title and related issues, trial was had of valuation and consideration issues. Sub-
mitted to the Commission for its decision on these issues and motions by the defendant to
preserve the issue of consideration for the trial on offsets and to admit an accounting report
into evidence.
277
Creek Nation, Oklahoma. Similar case to that of the Seminoles in docket 247. Proceedings
X
August 1977.
stayed pending the Commission's decision on the motion mentioned under docket 247 for
determination of valuation dates and measure of damages.
279-C
Blackfeet and Gros Ventre. See comments under docket 250-A, above
X, b, C.
June 1979.
279-D
Blackfeet. Accounting claims. A trial of the issues involved in the claims in this case that
X
December 1979.
commenced on Dec. 1, 1975, is still in progress.
280
Creek Nation East of the Mississippi. Before the Court of Claims on appeal from the Commis-
February 1976.
sion's order of Sept. 13, 1974, dismissing all claims of the Creek Nation east in docket 280
and severing docket 280 from consolidation with Seminole dockets 73 and 151. See comments
under docket 73, above.
283-B
Mohave, et al. General accounting and trespass damage claims. The Commission's decision
X
X
November 1979.
of July 10, 1975, on plaintiffs' motion to compel a proper accounting and for determination
of points of law and defendant's motion to dismiss plaintiffs' claim for compensation for
resources removed from plaintiffs' aboriginal lands by trespassers prior to extinguishment
of aboriginal title ruled on several issues and requires, inter alia, that defendant supplement
its accounting in certain respects. The Commission's decision of Aug. 28, 1975, on plaintiffs'
motion for reconsideration and amendment of the decision of July 10, 1975, invites plaintiffs
to allege their trespass claim by a more definite statement or by an amended petition and
denied without prejudice defendant's motion to dismiss this claim. Pursuant to a pretrial
order of Aug. 27, 1975, the parties are briefing the issue of whether the "Proceeds of Town-
sites" account represents the proceeds of sales of "Indian trust lands" within the meaning
of the Act of Apr. 1, 1880 (21 Stat. 70).
291
Salt River Pima-Maricopa Indian Community, et al. General accounting claim relating to funds
X
December 1979.
and other properties. Some accounting issues have been decided, others are in process of
being framed. The Commission's decision of Aug. 13, 1975, denied a motion by defendant
to dismiss plaintiff's exceptions to defendant's accounting numbered 8 and 9, which are
concerned with obtaining information needed to determine the accuracy of computations
of interest on plaintiffs' funds, and requires defendant to supply the needed information.
The defendant's time for complying with this requirement has been extended through
Apr. 12, 1976.
299
Navajo. The plaintiff's petition asserts accounting claims relating to: (1) royalties on coal
X, C
April 1980.
removed from plaintiff's reservation under leases negotiated by defendant for production of
coal, (2) lumber and lumber products from plaintiff's reservation sold under contracts
negotiated by defendant, (3) royalties on vanadium removed from reservation land under
leases negotiated by defendant for production of vanadium, and (4) stone, sand, and gravel
from plaintiff's reservation sold under contracts negotiated by defendant. Proceeding in
consolidation with dockets 69 and 353. See comments under docket 69, above.
300-A
Stockbridge and Munsee. Claim relating to lands sold to State of New York under 15 separate X, $
June 1977.
transactions. After an interlocutory decision on liability issues, proceedings were stayed
pending outcome of an appeal to the Court of Claims in the Oneida case in docket 301 in-
volving identical issues. The decision on that appeal, handed down on May 11, 1973, made
necessary a further trial of liability issues in docket 300-A. The case is submitted to the
Commission for its decision on thoseissues.
301
Oneida Nation of New York, et al. 8 claims arising from New York land sales are asserted in
do
April 1977.
plaintiffs' petition. Claims 1 and 2 relating to land sales prior to enactment of the Trade and
Intercourse Act of July 1790 are proceeding separately from claims 3 through 7 involving
land sales after the 1790 Act. The 8th claim in plaintiffs' petition was dismissed on Jan. 16,
1974. Claims 1 and 2 are submitted to the Commission for its decision on liability issues.
Claims 3 through 7 are submitted to the Commission for its decision on liability issues re-
manded by the Court of Claims that were the subject of a trial bafore the Commission during
May of 1974.
302
Ottawa. On appeal in the Court of Claims from decision on land title issues in this and 9 other
May 1978.
consolidated cases.
306
Potawatomi, Citizen, et al. See comments under docket 15-P, above
X, C.
May 1977.
308
Potawatomi, Citizen, et al. On appeal in the Court of Claims from decision on land title issues in
May 1978.
this and 10 other consolidated cases.
309
Potawatomi, Citizen, et al. See comments under docket 15-N above
X,
November 1977.
310
do
do
Do.
PENDING INDIAN CLAIM CASES-Continued
[December 31, 1975]
[Key: Letter "x" marks the phase or phases in which the case is pending before the Commission. Letter "c" indicates the case is consolidated with one or more cases. Letter "b" indicates
the case is in posttrial briefing stage. Letter "s" indicates the case is submitted to the Commission for its decision.]
Projected com-
Docket No.
Plaintiff tribe, band or group, and comments
Liability or title Value
Accounting
Offsets
pletion date
311
Potawatomi, Citizen, et al. Land claim
X, c, S.
March 1977.
313
Peoria, Kaskaskia. A portion of this claim was dismissed by the Commission's decision on land
do
Do.
title issues in this and 14 other consolidated cases. The remaining part of the case is sub-
mitted to the Commission with other consolidated cases for the Commission's decision on
valuation and consideration issues.
314-A
Peoria, Wea. Land claim
do
Do.
314-B
Peoria, Wea. Land claim. Set for trial of value and consideration issues with other consolidated
x, C
November 1977.
cases on June 21, 1976.
315
Kickapoo, Kans. Land claim
x, S
March 1977.
320
Quechan. After trial and briefing of land title issues, plaintiff moved for dismissal of its petition
X
June 1976.
without prejudice on the ground that there was no perfected taking of the land involved.
Defendant requests that the motion be denied unless dismissal be with prejudice. Further
proceedings await administrative determinations by the Secretary of the Interior in respect
to the plaintiff's claim of present ownership of the land.
326-A
Te-Moak Bands of Western Shoshone of Nevada. General accounting case pending before the
December 1979.
22
Court of Claims on cross appeals from the Commission's interlocutory decision of Oct. 4,
1973, on issues regarding defendant's liability for interest on certain of the plaintiffs' trust
funds.
326-C
Shoshone-Bannock. General accounting case on appeal before the Court of Claims from the
Do.
Commission's order of Jan. 16, 1974, in respect to defendant's liability for interest-on certain
trust funds of the plaintiff.
326-K
Western Shoshone identifiable group, represented by Te-Moak Bands of Western Shoshone
September 1976.
Indians. Land claim. Pending before the Court of Claims on an appeal from the Commission's
decision of Feb. 20, 1975, dismissing a petition for stay of proceedings and leave to present
an amended claim by a group calling itself the Western Shoshone Legal Defense and Edu-
cation Association and Frank Temoke. When the said petition was filed, the Commission
was in the process of adjudicating the defendant's claim for offsets against an interlocutory
award of $26,154,600.00 on the Western Shoshone aboriginal land claim in this case.
332-C
Sioux, Yankton. Being briefed by the parties on land valuation issues tried during April 1975.
X, (on
X, b
Do.
Set for trial on Jan. 20, 1976, with docket 74 (Sieux Nation) on remanded issue of apportion-
remanded
ment between the Teton and Yankton Sioux divisions of the Fort Laramie Treaty lands. Also
issue).
set for trial on Mar. 9, 1976, on issues involved in defendant's claim for offsets against any
award to the plaintiff.
332-D
Sioux, Yankton. Claims for an accounting for the period commencing July 1, 1951, and of the
X
June 1978.
proceeds of sale of plaintiff's reservation lands under an 1892 agreement. Orders of the
Commission in this case on Nov. 20, 1975, require the plaintiff to show cause why its claim
for an accounting by the defendant with respect to its administration of planitiff's money
and property after June 30, 1951, should not be dismissed, and, in respect to plaintiff's
administration of the proceeds paid the plaintiff under the 1892 agreement, require the
defenda to file with the Commission and serve on the plaintiff by Mar. 19, 1976, a full and
complete supplemental accounting setting forth the purposes for. which all disbursements
were made from the Yankton Sioux fund during the period beginning Aug. 15, 1894, and
ending Aug. 14, 1919, and reciting the authority under which said disbursements were
made. The plaintiff has asked for an extension of time through Feb. 5, 1976, within which
to respond to the show cause order.
335
Shawnee. Before the Supreme Court on petition for review of Court of Claims decision affirm-
March 1978.
ing decision on land title issues in this and 12 other consolidated cases.
338
Delaware, Absentee, et al. Before the Supreme Court on petition for review of Court of Claims
Do.
Decision on land title issues in this and 12 other consolidated cases.
341-C
Seneca-Cayuga. On appeal in the Court of Claims from, inter alia, dismissal order, and decision
May 1977.
on land title issues in this and 9 other consolidated cases.
341-D
Seneca-Cayuga. On appeal in the Court of Claims from, inter alia, dismissal order, and decision
Do.
on land title issues in this and 10 other consolidated cases.
342-G
Seneca Nation. Primarily a general accounting case relating to rents and profits accruing from
X
December 1976.
a great many leases of Seneca lands to railroads and other private parties. The Commission
understands that a settlement offer by the plaintiff is under consideration by the defendant.
343
Seneca-Cayuga. On a remanded question of whether the Federal Government had knowledge
X
June 1976.
knowledge of the land cession treaties involved in this case between the Indians and the
State of New York the Commission determined, in its decision in this case dated Mar. 27,
1975, that the Federal Government had actual advance notice of the treaties. Negotiations
between the parties for settlement of remaining issues are in progress.
345
Papago. Aboriginal land claim submitted to the Commission for its decision on valuation
X, S.
October 1976.
agreed upon by counsel for the parties has been submitted to the Attorney General for his
approval.
350-C
3 affiliated tribes of Fort Berthold Reservation. A hearing on a compromise settlement of this
X
February 1976.
case and the case in docket 350-D is set for Jan. 30, 1976.
350-D
3 affiliated tribes of Fort Berthold Reservation. Claim arising from exchange of reservation
do
Do.
lands. A hearing on a compromise settlement of this case and the case in docket 350-C is
set for Jan. 30, 1976.
350-G
3 affiliated tribes of Fort Berthold Reservation. Claim for general accounting of funds and other
X
September 1978.
23
properties. Some issues have been disposed of, others are in process of being framed. The
Commission's opinion and interlocutory order of May 29, 1975, required defendant to supple-
ment its accounting for funds and other properties in certain respects, granted plaintiff
summary judgment for amounts claimed under certain of its exceptions to the defendant's
accounting reports and for lost interest on balances of certain funds, dismissed plaintiff's
exception arising from construction of the Garrison Dam Reservoir project in North Dakota
and the related flooding of plaintiff's reservation, and required plaintiff to show cause why
certain other of its exceptions or parts of exceptions to defendant's accounting should not
be dismissed. The Commission's opinion and order of Dec. 18, 1975, on responses to the
show cause order dismissed all of the plaintiff's exceptions and parts of exceptions to which
the show cause order was directed except an exception concerned with labor allegedly
required illegally of the plaintiff tribes.
352
Aleut community of St. Paul Island. In 1973 the Court of Claims affirmed the Commission's
X
X
September 1977.
dismissal of all claims in this case and in another Aleut case in docket 369, except the
plaintiffs' claims for breach of fair and honorable dealings, and remanded both dockets to
the Commission for further proceedings on the latter claims. On July 18, 1975, the Com-
mission, acting on plaintiffs' motion under docket 369, served a claim of the Aleut Com-
munity of St. George Island from docket 369 and consolidated that claim for trial in docket
352. Counsel for the parties are preparing for trial in both dockets on whether the United
States breached its obligations and, if so, the damages thereby sustained by the plaintiffs.
It is the present expectation of counsel for the parties that they will be prepared for a formal
pretrial conference in March 1976 and for trial in docket 352 in May of 1976. The trial in
docket 369 will be held after the trial in docket 352.
PENDING INDIAN CLAIM CASES-Continued
[December 31, 1975]
[Key: Letter "x" marks the phase or phases in which the case is pending before the Commission. Letter "c" indicates the case is consolidated with one or more cases. Letter "b" indicates
the case is in posttrial briefing stage. Letter "s" indica tes the case is submitted to the Commission for its decision.]
Projected com-
Docket No.
Plaintiff tribe, band or group, and comments
Liability or title Value
Accounting
Offsets
pletion date
353
Navajo. Claim for an accounting under oil and gas leases of reservation lands negotiated by
X, C
April 1980.
the defendant prior to Aug. 13, 1946. Proceeding in consolidation with other Navajo ac-
counting claims in dockets 69 and 299. See comments above under docket 69 regarding the
three dockets.
354
Pueblo of San Ildefonso. Land, interest and general accounting claims. The Commission's X (Interest
X (Land claim)
X
July 1977.
determinations in respect to lands held by aboriginal title and dates of extinguishment of
claim).
such title were affirmed by the Court of Claims on Apr. 16, 1975. Pending on plaintiff's motion
of Nov. 10, 1975, for a rehearing on the Commission's order of Feb. 10, 1971, denying plain-
24
tiff's motion for summary judgment on its claim for interest on certain money paid belatedly
under the Pueblo Lands Act of 1924. Defendant's time for responding to this motion has been
extended through Jan. 25, 1976. Plaintiff's exceptions to defendant's accounting are awaited.
The parties expect to be able to agree upon a compromise settlement of all claims in this
case after the appeals under docket 357-A involving interest issues are finally disposed of.
355
Pueblo of Santo Domingo. Same comment as under docket 354, above. On Nov. 26, 1975, the
do
do
do
Do.
Commission granted plaintiff's motion of July 25, 1975, for a rehearing in respect ot the
eastern boundary of the Santo Domingo aboriginal title area and ordered counsel for the
parties to appear for a conference on Jan. 12, 1976, to discuss whether a trial will be neces-
sary to determine the true eastern boundary of the aboriginal title area. On defendant's
motion, which mentioned, inter alia, negotiations for settlement of this case, the confer-
ence setting of Jan. 12 was vacated by the Commission's order of Dec. 23, 1975, which order
requires the attorneys for the parties to advise Commissioner Yarborough by Jan. 30,
1976, as to the outcome of further settlement negotiations referred to in defendant's motion.
356
Pueblo of Santa Clara. Same comment as under docket 354, above
do
do
do
Do.
357
Pueblo of Taos. Land and general accounting claims. The parties expect to be able to agree
do
do
Do.
upon a compromise settlement of this case after the appeals under docket 357-A are finally
disposed of. To be tried on land valuation issues at same time as dockets 354, 355, 356, and
358 if the parties in those dockets and 357 are unable to reach compromise settlements of
valuation issues. Plaintiff's exceptions to defendant's accounting are awaited.
357-A
Pueblo of Taos. Claim arising from an alleged 5th amendment taking of 926 acres of plaintiff's
July 1976.
land in town of Taos, N. Mex. On cross appeals in the Court of Claims from the Commission's
interlocutory award of $297,684.67, plus interest thereon at 5 percent per annum from
Mar. 17, 1927, until the date payment is made, and related determinations. The parties
expect to be able to negotiate a compromise settlement of this case after the appeals are
finally disposed of.
358
Pueblo of Nambe. Same comment as under docket 354, above. To be tried on land valauation X (interest
X (land claim)
X
issues at same time as dockets 354, 355, 356 and 357 if the parties in those dockets and 358
July 1977.
claim).
are unable to reach compromise settlements of valuation issues.
363
Lower Sioux Indian community, in Minnesota, et al. The 1st claim in plaintiffs' amended peti-
tion in this case, a claim for additional compensation for tribal land in Minnesota relin-
quished to the defendant under an 1858 treaty, was concluded with a final award of $66,-
940.00 dated July 25, 1967. What amount to claims under 3 counts are asserted under the
2nd claim in the amended petition. Of these claims, the one in count 2, a claim for just com-
pensation for Devils Lake Reservation lands of the Sisseton and Wahpeton bands, was con-
cluded with a final award dated Feb. 27, 1974, which, with interest to date of payment as
provided in the Commission's award order, amounted to $8,473,221.26. Claims in 2 counts
(of the 2nd claim in the amended petition) remain in docket 363, they are:
Count 1, a claim for a general accounting of funds and properties of the plaintiffs that
X
December 1979.
have been under the management and control of the defendant. An interfocutory decision of
Aug. 22, 1975 (36 Ind. Cl. Comm. 295-414), disposed of some issues and simplified those
remaining. Counsel for the parties and their accountants met in a conference before Com-
missioner Vance on Sept. 16, 1975, and discussed how best to expedite the final disposition
of this count. Inter alia, they agreed upon priorities for completion of the additional account-
ing needed from the Government for completion of count 1. This accounting is being pre-
pared in the Indian Trust Accounting Division of the General Services Administration.
Count 3, claim of the Sisseton and Wahpeton Sioux Bands for additional compensation for
x, (on
Do.
their interest in certain lands in the eastern part of the present States of North and South
motions).
Dakota ceded to the United States by the agreement of Sept. 20, 1872. The Commission's
decision on land title and related issues in this claim was entered on Sept. 25, 1975. The
Commission's order of that date directed that this claim proceed to a determination of the
acreage and fair market value as of May 19, 1873, of the areas found to have been owned
by the claimants, the consideration paid for them by the United States and all other issues
bearing on the question of the defendant's liability. This claim is submitted to the Commis-
25
sion for its decision on (1) the defendant's motion of Oct. 24, 1975, for leave to file an
amended answer to the plaintiffs' petition and for a rehearing of matters covered in the
Commission's decision of Sept. 25, 1975, and (2) the plaintiffs' motion of Nov. 13, 1975,
for clarification of certain portions of the Commission's decision of Sept. 25, 1975.
364
Ottawa-Chippewa Tribe of Michigan. Accounting case. An interlocutory decision of Jan. 27,
1975, disposed of several issues and simplified some of those remaining. Submitted to the
X, S
July 1976.
Comission for its decision on remaining accounting issues and the plaintiff's motion of
June 19, 1975, that the Commission reconsider its determination, in the decision of Jan. 27,
1975, that plaintiff is not entitled to interest on any deficiencies discovered in defendant's
payments under certain treaty provisions.
369
Aleut Tribe, et al. See comments under docket 352, above
X
X
September 1977.
MINORITY VIEWS OF SENATORS FANNIN, HANSEN, AND
McCLURE
S. 2981 authorizes $1,650,000 for fiscal year 1977 to carry out the
work of the Indian Claims Commission. As amended in committee
this bill also extends the life of the Commission 3 years. While we
have no objections to authorizing funds for the Commission to con-
tinue its work until April 10, 1977, as currently provided, we do
strongly object to extending the life of the Commission for an addi-
tional 3 years.
We must note that if the provision in this bill extending the life
of the Commission beyond fiscal year 1977 is rejected as we urge, the
funds authorized in the bill ($1,650,000) would have to be adjusted
downward. Under Public Law 92-265 the Commission is to be dis-
solved on April 10, 1977 which is half way into fiscal year 1977. It
follows that only half of the funds requested in this bill would then be
necessary. In the event an extension is not agreed to the authorizing
figure would have to be appropriately adjusted. There, of course,
would be no reason to authorize a full years funding for a bureaucracy
which under current law is to be dissolved six months after the start
of fiscal year 1977.
In 1946 Congress authorized the creation of the Indian Claims
Commission to allow a settlement of long standing Indian claims-
claims that had been voiced for decades. The original Act required
all claims to be filed within five years of passage with the life of the
Commission to expire on April of 1957. Congress has extended the
life of the Commission four separate times since then. The most
recent extension extended the life of the Commission to April 10th
of next year (1977). We were all promised that this extension would
be the last one and that after over thirty years a Commission which
was intended to exist only a third of that time would be dissolved,
and the remaining dockets would be transferred to the U.S. Court of
Claims.
The Claims Commission asserts that with just a few more years
they will be able to complete adjudication of all but a minor portion
of the remaining cases. These kinds of assurances have been given
time and time again yet now this authorizing bill calls for another
three years. Promises can be made and not kept only for SO long.
There has to be a finality to this action. We say that not because we
in any way want to minimize the justice of the claims of the Indian
tribes who presented claims. They are entitled to justice, but it is the
very Indian tribes we are attempting to help who will be hurt the
most by the failure to come to a conclusion on these claims.
The long delays in resolving claims before the Commission arise in
part from the complexity of the claims themselves but other factors
must be examined. Suspicions have been voiced by some, of the tax
advantages accrued by many of the lawyers surrounding the claims
(27)
28
29
as a result of delays in adjudication. A suspected willingness to stretch
ing those on appeal shall be transferred to the United States Court of
adjudication of claims by legal counsel for tax purposes is a factor to be
recognized. Even more obvious is the Claims Commission's inherent
Claims, and jurisdiction is herby conferred upon the United States
Court of Claims to adjudicate all such cases under the provisions of
self-interest in perpetuating itself. It is the nature of a bureaucracy
section 2 of the Indian Claims Commission Act: Provided, That section
to fight for its survival and perhaps procrastinate in order to keep
2 of said Act shall not apply to any case filed originally in the Court
breathing. The fair and speedy adjudication of these claims is what is
of Claims under section 1505 of title 28, United States Code."
important and we question the Commission's track record in accom-
plishing this. There has been a total of 615 docketed claims before the
DISSOLUTION OF THE COMMISSION AND DISPOSITION OF PENDING CLAIMS
Commission; 446 of these dockets have been disposed of up to Decem-
ber 1975. After almost 30 years of existence 110 Dockets remain
SEC. 23. The existence of the Commission shall terminate at the end
pending. Unless we take the painful step of ending the Commission
of fiscal year 1980 on September 30, 1980, or at such earlier time as the
as is provided under current law we can almost guarantee that three
Commission shall have made its final report to the Congress on all claims
years from now the Commission will be pleading for just one more
filed with it. Upon its dissolution the records and files of the Commission
extension.
in all cases in which a final determination has been entered shall be
Congress acquiesced to this pleading when it passed Public Law
delivered to the Archivist of the United States. When the Commission shall
92-265, but it said "no more", and provided for the end of the Com-
be of the opinion that any case pending before it can be handled more
mission. Now we are asked to reverse that decision and extend again.
expeditiously by the United States Court of Claims, the Commission shall
The best way to protect the remaining claims is to transfer them to
certify such case to the Court of Claims. The Court of Claims may there
the U.S. Court of Claims as Congress provided. For those who are
upon, in its discretion, permit the transfer of the case, and jurisdiction is
afraid that the Court of Claims will not get the job done either, then
hereby conferred upon the Court of Claims to adjudicate all such cases
other alternatives should be explored. Perhaps the pending claims
under the provisions of section 2 of the Indian Claims Commission Act:
could be transferred to the appropriate Federal District Court where
Provided, That section 2 of said Act shall not apply to any case filed
the claimants would be closer to the court thus providing for less
originally in the Court of Claims under section 1505 of title 28, United
tribal expense and time than is taken adjudicating these claims here
States Code. Upon dissolution of the Commission all pending cases
in Washington. The Indian claims are our concern not the perpetuation
including those on appeal shall be transferred to the Court of Claims for
of a bureaucracy that has not met the test of getting the job done.
adjudication on the same basis as those permitted to be transferred by
We seriously question whether Congress would really be helping the
this section.
Indian claimants by extending the life of this Commission and thus
TRIAL CALENDAR
we urge that the three year extension as provided in S. 2981 be
SEC. 27. (a) The Commission from time to time shall prepare a trial
rejected.
calendar which shall set a date for the trial of the next phase of each
PAUL J. FANNIN.
claim as soon as practical after a decision of the Commission or the
CLIFFORD P. HANSEN.
United States Court of Claims or the Supreme Court of the United
JAMES A. McCLURE
States makes such setting possible, but such date shall not be later
than one year from the date of such decision except on a clear showing
CHANGES IN EXISTING LAW
by a party that irreparable harm would result unless longer prepara-
tion were allowed.
In compliance with subsection (4) of rule XXIX of the Standing
Rules of the Senate, changes in existing law made by (existing law
(b) If a claimant fails to proceed with the trial of its claim on the
proposed to be omitted is enclosed in black brackets, new matter is
date set for that purpose, the Commission may enter an order dis-
printed in italic, existing law in which no change is proposed in shown
missing the claim with prejudice or it may reset such trial at the end of
the calendar.
in roman):
ACT OF AUGUST 13, 1946
(c) No trial or hearing shall be conducted nor shall any proceeding be
initiated before the Commission in any phase of a claim on or after
December 31, 1979; Provided, however, That the provisions of this sub-
(60 Stat. 1049, 1055; 25 U.S.C. 70)
section shall not apply to hearings or proceedings relating to a compromise
settlement of a claim.
STATUS REPORTS TO CONGRESS
[DISSOLUTION OF THE COMMISSION AND DISPOSITION OF PENDING CLAIMS
SEC. 28. The Commission shall, on the first day of each session of
[SEC. 23. The existence of the Commission shall terminate at the
Congress and six months thereafter, submit to the Committees on Interior
end of fifteen years from and after April 10, 1962, or at such earlier
and Insular Affairs of the Senate and House of Representatives, a report
time as the Commission shall have made its final report to the Con-
showing the progress made and the work remaining to be completed by the
gress on all claims filed with it. Upon its dissolution the records and
Commission, as well as the status of each remaining case, along with a
files of the Commission in all cases in which a final determination
projected date for its completion.
has been entered shall be delivered to the Archivist of the United
States. The records and files in all other pending cases, if any, includ-
S. 2981
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
To authorize appropriations for the Indian Claims Commission for fiscal year
1977, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is
authorized to be appropriated to carry out the provisions of the Indian
Claims Commission Act (25 U.S.C. 70), during fiscal year 1977, not to
exceed $1,650,000.
SEC. 2. Section 23 of the Act entitled "An Act to create an Indian
Claims Commission, to provide for the powers, duties, and functions
thereof, and for other purposes", approved August 13, 1946 (60 Stat.
1049, 1055), as amended (86 Stat. 115; 25 U.S.C. 70v), is hereby
amended by striking said section and inserting in lieu thereof the
following:
"DISSOLUTION OF THE COMMISSION AND DISPOSITION OF PENDING CLAIMS
"SEC. 23. The existence of the Commission shall terminate at the
end of fiscal year 1978 on September 30, 1978, or at such earlier time as
the Commission shall have made its final report to the Congress on all
claims filed with it. Upon its dissolution, the records and files of the
Commission in all cases in which a final determination has been entered
shall be delivered to the Archivist of the United States. No later than
December 31, 1976, the Indian Claims Commission may certify and
transfer to the Court of Claims all cases which the Commission deter-
mines it cannot completely adjudicate by September 30, 1978. In addi-
tion, the Commission may, at any time prior to September 30, 1978,
certify and transfer to the Court of Claims any case which it deter-
mines cannot be completely adjudicated prior to the dissolution of the
Commission. Jurisdiction is hereby conferred upon the Court of
Claims to adjudicate all such cases under the provisions of section 2
of the Indian Claims Commission Act: Provided, That section 2 of
said Act shall not apply to any cases filed originally in the Court of
Claims under section 1505 of title 28, United States Code. Upon dis-
solution of the Commission, all pending cases including those on
appeal shall be transferred to the Court of Claims for adjudication
on the same basis as those authorized to be transferred by this section.".
SEC. 3. Section 28 of such Act of August 13, 1946, as amended (25
U.S.C. 70v-2), is amended by striking said section and inserting in lieu
thereof the following:
S. 2981-2
"STATUS REPORT TO CONGRESS
"SEC. 28. The Commission shall, on the first day of the 95th Con-
gress, submit a report to the Committees on Interior and Insular
Affairs of the Senate and House of Representatives on those cases
which it has transferred pursuant to section 23 of this Act, as amended.
In addition, the Commission shall submit a report to said Committees
at six month intervals thereafter showing the progress made and the
work remaining to be completed by the Commission, as well as the
status of each remaining case, along with the projected date for its
completion.".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.