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Indian Claims Commission
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Appropriations and expenditures
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The original documents are located in Box 3, folder "Indian Claims Commission" of the
Bradley H. Patterson 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 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States of America his copyrights in all of his unpublished writings in National Archives collections.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.
Digitized from Box 3 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library
ICC
Calendar No. 59
93D CONGRESS
SENATE
REPORT
1st Session
No. 93-53
AUTHORIZING APPROPRIATIONS FOR THE INDIAN
CLAIMS COMMISSION FOR FISCAL YEAR 1974
MARCH 2, 1973.-Ordered to be printed
Filed under authority of the order of the Senate of March 1, 1973
Mr. JACKSON, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany S. 721]
The Committee on Interior and Insular Affairs, to which was re-
ferred the bill (S. 721) to authorize appropriations for the Indian
Claims Commission for fiscal year 1974, and for other purposes, having
considered the same, reports favorably thereon with an amendment
and recommends that the bill as amended do pass.
PURPOSE
The purpose of S. 721 is to authorize appropriations for the expenses
of the Indian Claims Commission for fiscal year 1974. This is in ac-
cordance with the provisions of Public Law 92-265 which extended
the life of the Indian Claims Commission until April 10, 1977, and
stated that the Commission must seek annual authorizations for
appropriations.
BACKGROUND
The Indian Claims Commission was established to provide a forum
for the adjudication of all claims by Indian tribes against the United
States that existed on the date of the act, August 13, 1946. Prior to
the creation of the Commission such claims were heard by the Court
of Claims under special jurisdictional acts. Tribes with pending claims
were given 5 years in which to file them, and the Commission was given
until April 10, 1957, to complete its work.
83-010
FORD LIBRARY y SERALD
2
3
Because of the extremely large number of claims filed and the com-
INDIAN CLAIMS COMMISSION,
plexity of these claims, and also due to dilatory practice permitted by
Washington, D.C., January 29, 1973.
the former three-man Commission in its early years, it has proven
Hon. SPIRO T. AGNEW,
necessary for Congress to extend the Commission's life for successive
President of the U.S. Senate,
5-year périods on four separate occasions. The act of July 24, 1956
Washington, D.C.
(70 Stat. 624), extended the life of the Commission until April 10,
1962. This extension did not result in the Commission's completing
DEAR MR. PRESIDENT: Enclosed is a proposed bill to authorize
its work and the life of the Commission was again extended for 5 years
appropriations for the Indian Claims Commission for fiscal year 1974,
by the act of June 16, 1961 (75 Stat. 92) until April 10, 1967.
and for other purposes. We recommend that the proposed bill be
A third extension of the life of the Commission was approved by
introduced and referred to the appropriate committee for considera-
Congress in 1967. Under the provisions of the act of April 10, 1967
tion, and we recommend that it be enacted.
(81 Stat. 11), the Commission's termination date was extended until
Fiscal year 1974 appropriation authorization
April 10, 1972. In an effort to accelerate completion of the Commis-
The legislation under which the Indian Claims Commission conducts
sion's work, that legislation authorized an expansion of the member-
its program, the Indian Claims Commission Act, as amended, 25
ship of the Commission from three to five Commissioners. Provision
U.S.C. 70e (1972), states: "There are authorized to be appropriated
was also made for the Commission to prepare a trial calendar within
for the necessary expenses of the Commission not to exceed $1,500,000
1 year to set a date no later than January 1, 1970, for the trial of each
for fiscal year 1973, and appropriations for succeeding fiscal years
pending claim.
shall be made only to the extent hereafter authorized by act of Con-
The fourth extension was the act of March 30, 1972, Public Law
gress." In order to meet fiscal years 1974 through 1977 program re-
92-265, which extended the life of the Commission until April 10,
quirements, we propose that appropriations of such sums as may be
1977. In addition, the act provided for dissolution of the Commission
necessary be authorized. There is immediate need for enactment of
on April 10, 1977, and any cases still pending before it would be trans-
this authorization in order for work to proceed during the next fiscal
ferred to the U.S. Court of Claims which would be empowered to
year.
complete adjudication of such cases.
Fiscal years 1975, 1976, and 1977
As stated previously, that act also provides that appropriations for
fiscal years 1974, 1975, 1976, and 1977 must be authorized annually by
The Commission is determined to continue its program toward com-
Congress and also requires the Commission to submit a progress report
pleting all its work by April 10, 1977, a program approved by the Con-
to Congress at the beginning of each session.
gress in extending the Indian Claims Commission last year. Public
Law No. 92-265, 86 Stat. 114. In addition to the authorization for
COMMITTEE AMENDMENT
fiscal year 1974, we are also requesting authorization for the balance
of the Commission's work life. Problems of recruitment and retention
As submitted and recommended to Congress by the administration,
in an agency where only short tenure can be expected would be com-
S. 721 not only provided for an authorization for the 1974 fiscal year,
pounded by the uncertainties introduced by yearly authorizations.
but for fiscal years 1975, 1976, and 1977 as well. The committee
Full oversight by the appropriate committees of Congress will be
amended the bill to limit the authorization to 1974 only, in accordance
assured by the required submission of progress reports as presently
with the provisions of Public Law 92-265, and also limited the sum to
provided by law.
be authorized to $1,200,000.
The Office of Management and Budget has advised that this pro-
posed legislation is consistent with the administration's objectives.
COMMITTEE RECOMMENDATION
Sincerely yours,
JEROME K. KUYKENDALL,
The Committee on Interior and Insular Affairs in executive session
Chairman.
on February 28, 1973, unanimously ordered S. 721, as amended, re-
Enclosure.
ported favorably to the Senate.
A BILL To authorize appropriations for the Indian Claims Commission for fiscal
year 1974, and for other purposes
DEPARTMENTAL REPORTS
Be it enacted by the Senate and House of Representatives of the United
The letter from the Indian Claims Commission submitting and rec-
States of America in Congress assembled, That there is authorized to
ommending this legislation is set forth as follows. Also set forth is the
be appropriated to carry out the provisions of the Indian Claims
progress report submitted to Congress in accordance with the provi-
Commission Act, 25 U.S.C. § 70, during fiscal years 1974, 1975, 1976,
sions of Public Law 92-265 which contains the status and projected
and 1977 such sums as may be necessary to complete the program of
completion dates of all claims pending in the Indian Claims Commis-
the Indian Claims Commission.
sion as of December 31, 1972.
S. Rept. 93-53
S. Rept. 93-53
4
5
PENDING INDIAN CLAIM CASES-DEC. 31, 1972
Summary of Indian claims cases on Dec. 31, 1972
Number
(Explanation of symbols: The letter "X" marks the phase or phases in which the case is pending. The letter "C" indicates
Claims filed:
of dockets
that the case is consolidated with 1 or more other cases. The letter "b" indicates that the case is in the post-trial briefing
Received through Aug. 13, 1951
370
stage. The letter 115" indicates that the case is submitted to the commission for its decision.]
Causes severed from original claims and redocketed as separate claims.
241
Docket No. and plaintiff tribe, band or
Liability
Account-
Projected com-
Total docketed
611
group, and comments
or title
Value
ing
Offsets
pletion date
Claims disposed of:
15-N: Potawatomi, Prairie
X,S,C
March 1976.
By awards certified to the Treasury Department totaling
15-0: Potawatomi, Prairie
X,S,C
March 1976.
15-P: Potawatomie, Prairie
X,S,C
December 1975.
$423,926,883.92
208
15-Q: Potawatomi, Prairie
X,S,C
March 1976.
By orders of dismissal
176
15-R: Potawatomie, Prairie
X,S,C
March 1976.
18-C: Chippewa, Minnesota on behalf of Mississippi and
X, $
March 1973.
Total disposed of
384
Lake Superior Bands.
18-D: Chippewa, Bois Forte
X.
March 1974.
18-F: Chippewe, Bay Mills
X. b.
June 1974.
Pending claims cases
227
18-J: Chippewa, Red Lake
X,S, c
June 1973.
18-K: Chippewa, Red Lake
X,S,C
June 1973.
18-L: Chippewa, Red Lake
X,S,C
March 1973.
Summary of the status of pending Indian claims:
18-M: Chippewa, Red Lake
X,S.C
September 1975.
Final awards with appeal time running totaling $6,854,526.04 in
18-P: Chippewa, Red Lake
x,s,c
September 1975.
docket Nos. 175-B, 342-A, and 368-A
18-R: Chippewa, Bay Mills
X, b.
June 1974.
3
18-S: Chippewa, Minnesota on behalf of Mississippi and
x, $
March 1974.
Final awards on remand from the Court of Claims totaling
Lake Superior Bands.
18-U: Chippewa, Minnesota for Lake Superior Bands.
X, b
September 1974
$18,831,731.65 in docket Nos. 73 and 151; 158; 217, 15-K and 29-J;
After a forthcoming decision on a motion for rulings
and 231
7
concerning the government's claim for offsets, further
On appeal in the Court of Claims from-
trial of some offset issues might be required.
Final determinations and awards totaling $30,759,756.15 in
19: Chippewa, Minnesota. Consolidated for all purposes
X,
April 1977.
with Docket Nos. 189-A and 189-B. Some issues have
docket Nos. 30 and 48, 30-A and 48-A, 137, 173-A, 283 and
been decided, others are being framed. Among other
295, and 350-F
9
things, plaintiffs seek supplemental accountings.
22-C: Lipan Apache, et al., plaintiffs; Peublo de San X,
S
January 1976.
Interlocutory decisions in docket Nos. 73-A; 74 and 332-C;
Antonio de la Ysleta del Sur, et al., and Tonkawa of
87-A; 95; 113, 191, 221, 246, 350-B and 350-C; 228; 257;
Oklahoma, et al., plaintiffs by intervention.
272; 300; 301; and 343
17
22-G: Mescalero Apache, et al. Supplement to defend-
*
April 1977.
Orders of dismissal in docket Nos. 49, 352, and 369
3
ant's accounting awaited. Submitted for decision on
issues in respect to defendant's liability to pay interest
on Indian funds.
Subtotal on appeal
29
22-H: San Carlos Apache, et al. Issues in tresspass and
X
April 1977.
Cases ordered dismissed pending on motions to rehear in docket
accounting claims are being framed. Among other
Nos. 204 and 247
2
things, plaintiffs seek a supplemental accounting.
22-K: Jicarilla Apache. Plaintiff seeks, among other
X
April 1977.
Other cases before the Commission in various stages in litigation
186
things, a complete up to date accounting.
27: Delaware
x, s, c
December 1975.
27-B: Delaware
X,S,C
September 1975.
Total number of pending Indian claims
227
27-E: Delaware
X,S,C
September 1975.
28: Potawatomi, Hannahville. Held in abeyance pending
X
April 1977.
PENDING INDIAN CLAIM CASES-DEC. 31, 1972
disposition of the question of the political structure of
the Potawatomi Indians.
[Explanation of symbols: The letter "X" marks the phase or phases in which the case is pending. The letter "C" indicates
29-A: Potawatomi, Hannahville. Time within which to
X,G.
March 1975.
that the case is consolidated with 1 or more other cases. The letter "b" indicates that the case is in the post-trial briefing
appeal from title decision is running.
29-B: Potawatomi, Hannahville
X, $, C
December 1975.
stage. The letter "S" indicates that the case is submitted to the commission for its decision.]
29-C: Potawatomi, Hannahville,
X,S,C,
September 1975.
29-D: Potawatomi, Hannahville
x,s,c
September 1975.
Docket No. and plaintiff tribe, band or
Liability
Account-
Projected com-
29-E: Potawatomi, Hannahville
X,S,C
December 1975.
Value
29-G: Potawatomi, Hannahville
X,S,C
December 1975.
group, and comments
or title
ing
Offsets
pletion date
29-1: Potawatomi, Hannahville
x,s,c
September 1975.
29-J: Potawatomi, Hannavhille. See comments under
x, are
March 1973.
13-A: Chippewa, Saginaw. Involves claim identical to
X
June 1973.
Docket No. 15-K, above.
29-K: Potawatomi, Hannahville. Consolidated with Dock-
X,C.
September 1973.
that in Docket 18-C. Dismissal possible.
13-E: Chippewa, Saginaw
X,S,C
September 1975.
ets 15-M and 146. See comments under Docket No. 15-
13-F: Chippewa, Saginaw
x,s,c
December 1975.
M, above.
13-G: Chippewa, Saginaw
29-L: Potawatomi, Hannahville
x,s,t
March 1976.
X,S,C
September 1975.
29-M: Potawatomi, Hannahville
x,s,c
March 1976.
13-K: Chippewa, Saginaw
X,S,C,
September 1975.
December 1975.
15-C: Potawatomi, Prairie. Time within which to appeal
X, c.
29-N: Potawatomi, Hannahville
X,S,C
March 1975.
from title decision is running.
29-0: Potawatomi, Hannahville
x,s,c
March 1976.
15-D: Potawatomi, Prairie
X,S,C
December 1975.
29-P: Potawatomi, Hannahville
X, s, C
March 1976.
15-E: Potawatomi, Prairie
X,S,C
September 1975.
30: Fort Sill Apache, et al. An appeal from a final judg-
September 1974.
15-1: Potawatomi, Prairie
x, s, C.
September 1975.
ment of $521,796.00 entered in this case and consoli-
15-K: Potawatomi, Prairie. Appeals from the Commis-
X, $, 81
March 1973.
dated Docket No. 48 on Aug. 25, 1971 is pending in the
sion's final determinations and award of $2,094,573.02
Court of Claims.
in this case and consolidated Docket Nos. 29-J and 217
30-A: Fort Sill Apache, et al. An appeal from a final judg-
September 1974.
were taken to the Court of Claims. The 3 consolidated
ment of $15,967,300.00 entered in this case and con-
dockets are pending on valuation issues remaned by
solidated Docket No. 48-A on Aug. 25, 1971 is pending
the Court.
in the Court of Claims.
x, s, c
40-F: Ottawa
X,S,C
September 1975.
15-L: Potawatomi, Prairie
September 1975.
15-M: Potawatomi, Prairie. Offsets trial will be set in
X, C
September 1973.
40-1: Ottawa
X,S,C
September 1975.
this docket and consolidated Docket Nos. 29-K and
48: Apache, Chiricahua, Warm Springs, et al. On appeal
September 1974.
146 when the issue of what Potawatomi groups
in Court of Claims. See comments under Docket 30,
defendant may claim offsets against is settled in
above.
connection with the disposition of the question of the
See footnotes at end of table.
political structure of the Potawatomi Indians.
See footnotes at end of table.
S. Rept. 93-53
S. Rept. 93-53
6
7
PENDING INDIAN CLAIM CASES-DEC. 31, 1972
PENDING INDIAN CLAIM CASES-DEC. 31, 1972
[Explanation of symbols: The letter "X" marks the phase or phases in which the case is pending. The letter "c" indicates
[Explanation of symbols: The letter "x" marks the phase or phases in which the case is pending. The letter "C" indicates
that the case is consolidated with 1 or more other cases. The letter "b" indicates that the case is in the post-trial briefing
that the case is consolidated with 1 or more other cases. The letter "b" indicates that the case is in the post-trial briefing
stage. The letter "s" indicates that the case is submitted to the commission for its decision.]
stage. The letter "s" indicates that the case is submitted to the commission for its decision.]
Decket No. and plaintiff tribe, band or
Liability
Account-
Projected com-
Docket No. and plaintiff tribe, band or
Liability
Account-
Projected com-
group, and comments
or title
Value
ing
Offsets
pletion date
group, and comments
or title
Value
ing
Offsets
pletion date
48-A: Apache, Chiricahua, Warm Springs, et al. On appeal
September 1974.
123: Cherokee Freedmen. Plaintiffs' cause is involved
July 1974.
in Court of Claims. See comments under Docket 30-A,
in the appeals to the Court of Claims mentioned under
above.
Docket No. 173-A, below.
49: Apache, Fort Sill, et al. On appeal in the Court of
September 1974.
124-B: Miami of Indiana
X,S,C
March 1976.
Claims from the Commission's order of dismissal.
124-H: Miami of Indiana
X, S, c
December 1975.
57: Chippewa, Saginaw
X,S
March 1974.
128: Potawatomi, Citizen
X,S,C
March 1976.
59: Chippewa, Saginaw
x, S, C
December 1975.
130: Miami of Indiana
X, S, c
September 1975.
60-A. Makah. Trial set for Jan. 15, 1973
X
September 1974.
133-A: Ottawa
X, S,
September 1975.
64: Shawnee
X,S,C
September 1975.
133-B: Ottawa
X, S,
December 1975.
64-A: Shawnee
X, $, C
December 1975.
133-C: Ottawa
X,S,C
December 1975.
69: Navajo. Awaiting plaintiff's exceptions to defendant's
X
April 1977.
134: S'Klallam (Clallam). Awaiting plaintiff's reply to
January 1974.
accounting report. Plaintiff is without legal counsel.
defendant's claim for offsets. Plaintiff's counsel is
71: Potawatomi, Citizen. Time within which to appeal
X, c
March 1975.
without authority to continue in the case as the tribe
from title decision is running.
has allowed his contract to expire.
73: Seminole Indians of Florida. Cross appeals from a X, b, C 2
September 1976.
137: Pueblos of Zia, Jemez and Santa Ana. Pending be-
March 1974.
final award of $12,262,780.63 in this case and Docket
fore the Court of Claims on defendant's appeal from
No. 151 were taken to the Court of Claims. The Court
S0 much of the Commission's final judgment and
remanded the case in Docket Nos. 73 and 151 to the
award of $766,936.08 as pertains to offsets.
Commission for more specific findings and reasoning
139: Wyandotte
X,
September 1975.
as to valuation of the tracts involved and ordered this
140: Wyandotte
X,S,C
December 1975.
case consolidated with an overlapping Creek case in
141: Wyandotte
X, s, C
December 1975.
Docket No. 280 to the extent of the overlap.
144: Chippewa, Pillager
X,
April 1974.
73-A: Seminole Indians of Florida. Pending before the
December 1976.
146: Potawatomi, Citizen. See comments under Docket
X
September 1973.
Court of Claims on appeals from the Commission's
No. 15-M, above.
title determinations.
151: Seminole Indians of Oklahoma. See comments X, b,
September 1976.
74: Sioux Nation. On cross appeals with Docket No. 332-C
December 1976.
under Docket No. 73, above.
before the Court of Claims from the Commission's
158: Sac and Fox Tribes. The Sac and Fox appealed to
X, S,
September 1973.
determinations in respect to title and related issues.
the Court of Claims from, among other things, final
Docket 74 was being briefed on value when the appeals
awards in Docket Nos. 158 and 231 in the respective
were taken.
amounts of $3,530,578.21 and $943,799.79, and the
74-B: Sioux Nation
x,
July 1974.
dismissal of the Sac and Fox claim in Docket No. 209.
80-A: Mission Indians of California, et al., and Soboba x,
s.
December 1976.
The Court's remand order of Nov. 12, 1971, requiring
Band of Mission Indians. Soboba cause is proceeding
further proceedings to supply more specific findings
separately from the other causes.
and reasoning as to valuations adopted for the Sac
80-B: Mission Indians of California. Proceedings have
X
December 1975.
and Fox tracts involved in Docket Nos. 158, 209 and
been postponed pending outcome of Federal Court
231 is being carried out. Claims of the lowa Tribes
suit. No exceptions to defendant's accounting have
in Docket Nos. 158, 209, and 231 have been com-
been filed.
pleted with awards that have been reported to the
83: Sac and Fox Tribes
X, b
July 1974.
Congress.
84: Six Nations, et al
x, S, C
February 1973.
169: Creek Nation. Trial set for Feb. 1, 1973
X
April 1974.
87-A: Northern Paiute Nation, et al. On appeal in the
January 1977.
173-A: Cherokee Nation, Plaintiff, and The Cherokee
July 1974.
Court of Claims from Commission's determination that
Freedmen, et al., Plaintiffs by Intervention. Pending
defendant is liable for resources removed from plain-
on cross appeals in the Court of Claims from the
tiffs' lands prior to extinguishment of plaintiffs' ab-
Commission's final determinations and award of
original title.
$4,266,309.00 in this case.
89: Six Nations
X, s, €
December 1975.
175-B: Nez Perce. As this case now stands appeal time
February 1973.
95: Sac and Fox Tribes. Pending on cross appeals in the
December 1974.
from a final award of $1,387,911.00 will expire on
Court of Claims from the Commission's interlocutory
Feb. 28, 1973.
decision and award on plaintiffs' accounting claim.
178-A: Confederated Tribes of Colville Reservation
X
April 1977.
100-B: Klamath, Modoc, and Yahooskin. Set for trial on
X
June 1975.
Awaiting post-June 30, 1951 accounting from defend-
Sept. 11, 1973.
ant.
102: Papago. Awaiting supplement to defendant's ac-
X
April 1977.
179-A: Nez Perce. Awaiting post-June 30, 1951 account-
X
April 1977.
counting that defendant has been ordered to supply.
ing from defendant.
-113: Chippewa, Turtle Mountain. On cross appeals in
December 1975.
181-C: Confederated Tribes of Colville Reservation. X
September 1976.
the Court of Claims with Docket Nos. 191, 221, 246,
Pending on defendant's motion for summary judgment
350-B and 350-C from the Commission's determina-
or for determination of points of law.
tions of title and related issues in respect to claims
182: Apache, Fort Sill, Chiricahua, and Warm Springs. X, b
X
April 1977.
arising from the McCumber Agreement of 1892 involv-
Claims for removal and use of resources from aborigi-
ing North Dakota lands. A portion of this case relating
nel lands prior to Sept. 4, 1886 are being briefed.
to land in the valley of the Red River of the North was
Issues in respect to claims for damages arising from
completed with an award in consolidation with Docket
defendant's alleged dealing with and disposition of
Nos 18-A and 191.
plaintiffs' reservation lands and property, and for a
115: Sioux of Crow Creek Reservation, S. Dak. Issues to
X
December 1976.
general accounting are being framed. Plaintiffs re-
be decided are being developed. Plaintiff requests,
quest, among other things, an up to date accounting.
among other things, an accounting beyond June 30,
184: Fort Peck Indians. Set for trial of some accounting
X
April 1977.
1951.
issues on Jan. 22, 1973. Awaiting defendant's supple-
116: Sioux of Lower Brule Reservation, S. Dak. Same
X
December 1976.
mental accounting in respect to certain other issues.
comment as under Docket No. 115, above.
Also pending on motion to rehear certain accounting
117: Sioux of Pine Ridge Reservation, S. Dak. Same com-
X
December 1976.
issues dealt with in decision of June 14, 1972.
ment as under Docket No. 115, above.
186: Confederated Tribes of Colville Reservation for
X.
September 1974
118: Sioux of Rosebud Reservation, S. Dak. Same com-
X
December 1976.
Nez Perce Joseph Band. The attorneys for the parties
ment as under Docket No. 115, above.
have reached agreement as to the value of the lands
119: Sioux of Standing Rock Reservation, S. Dak. Same
X
December 1976.
involved and a hearing on the agreement is anticipated.
comment as under Docket No. 115, above.
The final disposition of other issues will probably
120: Wyandotte
x, s, C.
September 1975.
depend upon the outcome of certain appeals now
before the Court of Claims.
See footnotes at end of table.
See footnotes at end of table.
S. Rept. 93-53
S. Rept. 93-53
8
9
PENDING INDIAN CLAIM CASES-DEC. 31, 1972
PENDING INDIAN CLAIM CASES-DEC. 31, 1972
Explanation of symbols: The letter "X" marks the phase or phases in which the case is pending. The letter "C" indicates
Explanation of symbols: The letter "X" marks the phase or phases in which the case is pending. The letter "c" indicate S
that the case is consolidated with 1 or more other cases. The letter "b" indicates that the case is in the post-trial briefing
that the case is consolidated with 1 or more other cases. The letter "b" indicates that the case is in the post-trial briefin g
stage. The letter "s" indicates that the case is submitted to the commission for its decision.]
stage. The letter "s" indicates that the case is submitted to the commission for its decision.]
Docket No. and plaintiff tribe, band or
Liability
Account-
Projected com-
Docket No. and plaintiff tribe, band or
Liability
Account-
Projected com-
group, and comments
or title
Value
ing
Offsets
pletion date
group, and comments
or title
Value
ing
Offsets
pletion date
188: Chippewa, Minn., et al. Consolidated for all pur-
X, c
April 1977.
221-C: Chipewa Cree, et al. Plaintiff's exceptions to
X
December 1976.
poses with Docket No. 189-C. Some issues have been
defendant's accounting were accepted for filing by
decided, others are being framed. Among other things,
order of Nov. 15, 1972. Defendant has 60 days from
plaintiffs seek supplemental accountings.
that date in which to answer the exceptions. Among
189: Chippewa, Red Lake
x, &
October 1973.
other things, plaintiffs seek a supplemental account-
189-A: Chippewa, Red Lake. Consolidated for all pur-
X, c
April 1977.
ing.
poses with Docket Nos. 19 and 189-B. See comments
226: Caddo Tribe of Oklahoma, et al., plaintiffs; Alabama- X, b
September 1975.
under Docket No. 19, above.
Coushatta Indians of Texas and Coushatta Indians
189-B: Chippewa, Red Lake. Consolidated for all pur-
X,
April 1977.
of Louisiana, Wichita Tribe of Oklahoma and others,
poses with Docket Nos. 19 and 189-A. See comments
and Tonkawa Tribe of Indians of Oklahoma are
under Docket No. 19, above.
parties plaintiff by intervention. After decision on
189-C: Chippewa, Red Lake. Consolidated for all pur-
x,o
April 1977.
value, a 1969 order vacated an earlier order dis-
poses with Docket No. 188. See comments under
missing counts H and IV of plaintiffs' petition assert-
Docket No. 188, above.
ing an aboriginal land claim and allowed plaintiffs
191: Chippewa, Little Shell. On cross appeals in the X, s,
C
December 1976.
to amend their petition setting out the extent of the
Court of Claims with Docket Nos. 113, 221, 246, 350-B
lands in that claim. Thereafter the above-named
and 350-C from the Commission's determinations of
intervenors became parties to the case and trial was
title and related issues in respect to claims arising from
had of land title and related issues involved in the
the McCumber Agreement of 1892 involving North
reinstated aboriginal land claim. The parties are
Dakota lands. A portion of this case relating to land in
now briefing those issues. The lands involved are in
the valley of the Red River of the North was completed
Texas and Louisina.
with an award in consolidation with Docket Nos. 18-A
228: Gila River Pima-Maricopa Indian Community, et al.
December 1975.
and 113. Another part of this case relating to land in
On cross appeals in the Court of Claims from the Com-
Montana was tried on land title issues consolidated
mission's determinations concerning extinguishment
with Docket No. 221-B and is submitted to the Com-
of plaintiffs' aboriginal title.
mission for a decision on those issues.
229: Navajo. Part of the trial on land title issues was in
X
July 1975.
196: Hopi. Tried on land title issues in consolidation with
X
X
December 1976.
consolidation with an overlapping Hopi claim in Docket
the overlapping part of the Navajo case in Docket No.
No. 196. To be set for trial of value after disposition of
229. To be set for trial of value after disposition of
pending Hopi motion for amendment of the Com-
pending Hopi motion for amendment of the Commis-
mission's determinations as to land boundaries and
sion's determinations as to land boundaries and dates
dates of taking in the consolidated case.
of taking in the consolidated case. Accounting issues
231: Sac and Fox Tribes. See comments under Docket
X, $,
September 1973.
are being framed.
No. 158, above.
197: Nisqually
X, $
November 1973.
235: Indians of Maricopa-Ak Chin Reservation, et al. X, $
X
December 1976.
198: Confederated Tribes of Warm Springs Reservation,
X
September 1973.
Submitted for the Commission's decision on the issue
Oregon. Time is running within which defendant may
of the defendant's liability for failure to develop water
submit its claim, if any, for offsets against an inter-
resources. Issues in the accounting claim are being
locutory award of $1,336,317.30.
framed-plaintiffs seek, among other things, supple-
202: Delaware, Absentee
X, s, c
September 1975.
mental accountings.
203: Puyallup. Plaintiff is without legal counsel. Remain-
X
March 1974.
236-A: Gila River Indian Community. This docket and
X
October 1974.
ing questions in the case are under study by the Com-
Docket No. 236-B were consolidated for proceedings
mission's investigation division.
in the liability phase since both suits arose out of the
204: Seminole Nation. Dismissed by the Commission on
June 1973.
placing of a relocation center for west coast evacuees
May 31, 1972. Plaintiff's motion for rehearing set for
on the plaintiff's reservation. Cross appeals from the
argument before the Commission on Jan. 9, 1973.
Commission's determinations as to defendant's
206: Squaxin. Time is running within which defendant
September 1973.
liability were taken to the Court of Claims. On Oct. 13,
may submit its claim, if any, for offsets against an in-
1972, the Court affirmed the Commission's determina-
terlocutory award of $7,847.47.
tions, except with respect to defendant's demand for
208: Steilcoom
x,
December 1973.
credit for certain road expenditures and remanded the
209: Sac and Fox Tribes. See comments under Docket
X, S,
September 1973.
cases for, among other things, further consideration of
No. 158, above.
that demand. Docket Nos. 236-A and 236-B are set
212: Wyandotte. Concerned with reservation tracts within
X
April 1976.
for trial of value, that is, the amount of damages
aboriginally claimed areas involved in other cases of
sustained by the plaintiff, on July 16, 1973.
same plaintiff. Valuation proceedings are held in abey-
236-B: Gila River Indian Community. See note under
X
October 1974.
ance pending outcome of aboriginal land cases.
Docket No. 236-A, above.
213: Wyandotte. Same comment as under Docket No. 212,
X
April 1976.
236-C: Gila River Pima-Maricopa Indian Community,
X
January 1976.
above.
et al. Set for trial on Nov. 16, 1973, on the issue
216: Potawatomi, Citizen
x, s, C
September 1975.
whether plaintiff was deprived of the use of Gila River
217: Potawatomi, Citizen, See comments under Docket
x, S, C
March 1973.
water it could have beneficially used, and if SO whether
No. 15-K, above.
defendant is liable for that deprivation.
218: Cowlitz. Commission's determinations regarding ex-
X
January 1975.
236-D: Gila River Pima-Maricopa Indian Community, X
December 1976.
tinguishment of aboriginal title affirmed by Court of
et al. Held in abeyance pending decision on similar
claims on Oct. 13, 1972. A settlement agreement is
issues in 236-C.
being negotiated by the parties. The projected com-
236-E: Gila River Pima-Maricopa Indian Community, X, $
September 1975.
pletion date applies if the case must be fully litigated.
et al.
221: Chippewa Cree and Little Shell. On cross appeals
December 1975.
236-F: Gila River Pima-Maricopa Indian Community, X, b
November 975.
in the Court of Claims with Docket Nos. 113, 246,
et al.
350-B and 350-C from the Commission's de-
236-G: Gila River Pima-Maricopa Indian Community,
X
September 1975
terminations of title and related issues in respect to
et al. Held in abeyance pending issuace of decision on
claims arising from the McCumber Agreement of
similar issues in Docket No. 236-E.
1892 involving North Dakota lands.
236-1: Gila River Pima-Maricopa Indian Community, X, b
November 19
221-A: Chippewa Cree, at al. Dismissal possible. Issues
et al.
involved are being determined in other cases.
X
June 1974
221-B: Chippewa Cree, et al. See last sentence of com- X, s, c
December 1976.
See footnotes at end of table.
ments under Docket No. 191, above.
See footnotes at end of table.
S. Rept. 93-53
S. Rept. 93-53
10
11
PENDING INDIAN CLAIM CASES-DEC. 31, 1972
PENDING INDIAN CLAIM CASES-DEC. 31, 1972
[Explanation of symbols: The letter "x" marks the phase or phases in which the case is pending. The letter "C" indicates
Explanation of symbols: The letter "X" marks the phase or phases in which the case is pending. The letter "c" indicates
that the case is consolidated with 1 or more other cases. The letter "b" indicates that the case is in the post-trial briefing
that the case is consolidated with 1 or more other cases. The letter "b" indicates that the case is in the post-trial briefing
stage. The letter "s" indicates that the case is submitted to the commission for its decision.]
stage. The letter "s" indicates that the case is submitted to the commission for its decision.]
Docket No. and plaintiff tribe, band or
Liability
Account-
Projected com-
Docket No. and plaintiff tribe, band or
Liability
Account-
Projected com-
group, and comments
or title
Value
ing
Offsets
pletion date
group, and comments
or title
Value
ing
Offsets
pletion date
236-N: Gila River Pima-Maricopa Indian Community,
X
December 1976,
300-A: Stockbridge and Munsee. Proceedings stayed
X
March 1975.
et al. Time is running within which the defendant may
pending disposition of the appeal mentioned below
answer the plaintiffs' exceptions to defendant's
under Docket No. 301, which was taken from a de-
accounting. Among other things, plaintiffs seek
cision on liability issues identical to those involved in
accountings to present time.
this case.
246: Chippewa, Pembina, et al. On cross appeals in the
December 1975.
300-B: Stockbridge and Munsee
X, s, C.
February 1973.
Court of Claims with Docket Nos. 113, 191, 221, 350-B
301: Oneida Nation of New York, et al. On appeal in the
March 1975.
and 350-C from the Commission's determinations of
Court of Claims from the Commission's determinations
title and related issues.
as to defendant's liability.
247: Seminole Nation, Oklahoma. A final order of dismis-
July 1974.
302: Ottawa
X, c
September 1975.
sal has been entered in this case. Argument on plain-
304: Ottawa. Offsets set for trial on Mar. 15, 1973
X
December 1973.
tiff's motion for a rehearing is set for Jan. 9, 1973.
305: Ottawa. Offsets set for trial on Mar. 15, 1973
X
December 1973.
249: Choctaw Nation. Submitted for decision on several
X
December 1976.
306: Potawatomi, Citizen
x,s, c
December 1975.
complex motions that will be disposed of by a forth-
308: Potawatomi, Citizen
X, S,
December 1975.
coming decision. Plaintiff has filed no exceptions to de-
309: Potawatomi, Citizen
X,S,C
March 1976.
fendant's accounting.
310: Potawatomi, Citizen
X,S,C
March 1976.
250-A: Fort Belknap Indian Community. Submitted for
X,
April 1977.
311: Potawatomi, Citizen
X,S,C
December 1975.
for decision on complex motions that will be disposed
313: Peoria, Kaskaskia
x,s,c
December 1975.
of by a forthcoming decision. Among other things,
314-A: Peoria, Wea
X,S,C
December 1975.
plaintiffs seek supplemental accountings. Proceeding
314-B: Peoria, Wea
X, s, c
March 1976.
in consolidation with Docket No. 279-C.
315: Kickapoo, Kansas
X, S, c
December 1975.
252: Miami of Oklahoma
S,
September 1975.
320: Quechan. After trial and briefing of land title issues,
X, S
December 1974.
254: Miami of Oklahoma
X, S, C
March 1976.
plaintiff has moved for dismissal of its petition without
257: Kiowa, Comanche and Apache Tribes, plaintiffs, and
December 1975.
prejudice on the ground that there was no perfected
Wichita Indian Tribe of Oklahoma, et al., plaintiffs by
taking of the land involved. Defendant requests that
Intervention. On appeal in the Court of Claims from the
the motion be denied unless dismissal be with preju-
Commission's decision on title and related issues.
dice.
259-A: Kiowa, Comanche and Apache Tribes. Submitted
X, S
X
December 1976.
321: Tuscarora. Time is running within which defendant
X
December 1973.
for decision on value of certain lands. Plaintiffs seek,
may submit a claim for offsets against an interlocutory
among other things, a supplemental accounting.
award.
272: Creek Nation, Oklahoma. On appeal in the Court of
September 1975.
326-A: Te-Moak Bands of Western Shoshone of Nevada.
X
April 1977.
Claims from the Commission's decision on the issue
Supplement to defendant's accounting awaited. Sub-
of defendant's liability.
mitted for decision on issues in respect to the govern-
273: Creek Nation, Oklahoma. Trial of the issue of legal
x
March 1974.
ment's liability to pay interest on Indian funds.
consideration paid on the claim is set for Jan. 11,
326-B: Confederated Tribes of Goshute Reservation. It is
X
March 1974.
1973.
possible that this case will be settled in conjunction
277: Creek Nation, Oklahoma. Proceedings stayed
X
X
July 1975.
with offsets in Docket No. 326-K. Plaintiffs' exceptions
pending outcome of similar case in Docket No. 247.
to defendant's accounting awaited.
278-B: Tlingit and Haida of Alaska. Damages sought
X
March 1974.
326-C: Shoshone-Bannock. Defendant's supplemental
X
April 1977.
for naval shelling. Set for trial in Jan. 8, 1973.
accounting awaited.
279-C: Blackfeet and Gros Ventre. See comments under
X, c.
April 1977.
326-J: Goshute Tribe, et al,
X, S
March 1974.
Docket No. 250-A, above.
326-K: Shoshone, Te-Moak. Defendant has moved for
X
March 1974.
280: Creek Nation East of the Mississippi. Trial of X, b,
c)
September 1976.
rehearing on the Commission's interlocutory decision
land title issues was in consolidation with the Seminole
on value. Time is running within which the plaintiff
claim in Docket Nos. 73 and 151 to the extent of the
may respond to the motion.
overlap between the Creek and Seminole Florida
332-C: Sioux, Yankton. On cross appeals with Docket No.
March 1976.
claims. See comments under Docket No. 73, above.
74 in the Court of Claims from the Commission's deter-
283: Mohave Indians of Colorado River Tribes. On
December 1974.
minations in respect to title and related issues. Because
appeal in the Court of Claims in consolidation with
of the appeals, a setting for trial of value in Docket No.
Mohave case in Docket No. 295 from the Commission's
332-C had to be stricken from the calendar.
final determinations and award of $428,358.07 in
332-D: Sioux, Yankton. Claims for an accounting for the
X
X
April 1977.
Docket Nos. 283 and 295.
period commencing July 1, 1951, and claims arising
283-B: Mohave, et al. Submitted for decision on some
X,
December 1976.
from the sale of plaintiff's reservation lands under an
accounting issues. Plaintiff is seeking supplemental
1892 agreement permitted to be severed from Docket
accounting.
No. 332-B and assigned Docket No. 332-D pursuant to
291: Salt River Pima-Maricopa. Part of this case has
X.
December 1975.
an approved compromise settlement of other claims in
been dismissed. Issues to be decided in the remaining
Docket No. 332-B and an order of Nov. 9, 1972. Time is
accounting claim are being framed. Among other
running within which the defendant may answer the
things, plaintiffs seek supplemental accountings.
amended petition in this case.
295: Mohave Tribe of Indians of Arizona, California, and
December 1974.
335: Shawnee
X, s, c
September 1975.
Nevada. On appeal in the Court of Claims. See com-
338: Delaware, Absentee, et al
X, S, c
September 1975.
ments under Docket No. 283.
341-A: Seneca- Cayuga. Proceeding in consolidation with
X, c
October 1974.
295-A: Mohave Tribe of Indians of Arizona, California,
X
June 1974.
Docket No. 341-B. An interlocutory award has been
and Nevada. Parker Dam flood damage case. Value
entered on an accounting part of the consolidated case.
trial set to resume on Jan. 3, 1973.
The other part is set for trial of value in 1973.
299: Navajo. Pending on, among other things, plaintiff's
X
December 1976.
341-B: Seneca-Cayuga. See comments under Docket No.
x,c.
October 1974.
motion for partial summary judgment and for a com-
341-A, above.
plete accounting and defendant's motion to dismiss.
341-C: Seneca-Cayuga
X, S, c
September 1975.
Plaintiff is without legal counsel.
341-D: Seneca-Cayuga
X, s, C.
December 1975.
300: Stockbridge and Munsee. On appeal in the Court of
September 1974.
342-A: Seneca Nation. Appeal time from a final award of
February 1973.
Claims from the Commission's interlocutory award on
$5,466,615.04 in this case and consolidated Docket No.
plaintiffs' claim.
368-A expires in the month shown on the right.
See footnotes at end of table.
See footnotes at end of table.
S. Rept. 93-53
S. Rept. 93-53
12
13
PENDING INDIAN CLAIM CASES-DEC. 31, 1972
PENDING INDIAN CLAIM CASES-DEC. 31, 1972
[Explanation of symbols: The letter "X" marks the phase or phases in which the case is pending. The letter "c" indicates
[Explanation of symbols: The letter "X" marks the phase or phases in which the case is pending. The letter "c" indicates
that the ca is consolidated with 1 or more other cases. The letter "b" indicates that the case is in the post-trail briefing
that the case is consolidated with 1 or more other cases. The letter "b" indicates that the case is in the post-trail br efing
stage. The letter "s" indicates that the case is submitted to the commission for its decision.]
stage. The letter "s" nd cates that the case S subm tted to the commission for its decision.)
Docket No. and plaintiff tribe, band or
Liability
Account-
Projected com-
Value
Offsets
Docket No. and plaintiff tribe, band or
Liability
Account-
Projected com-
group, and comments
or title
ing
pletion date
group, and comments
or title
Value
ing
Offsets
pletion date
342-B: Seneca Nation. An interlocutory award has been
X, C.
December 1973.
363: Lower Siou Indian Community in Minnesota, et al. X,
s
X, s
X
April 1977.
entered in this case and consolidated Docket Nos. 342-
Submitted on issue of defendant's liability under
C and 368. Under an approved agreement between the
aboriginal land claims asserted as arising from an
parties, final awards are not to be entered on the claims
1867 treaty and an 1872 agreement and on valuation
Docket Nos. 342-B and 342-C until the decision of the
issues on a claim relating to reservation lands. Among
Court of Claims OR the appeal in the Oneida case, men-
other things, plaintiffs seek a supplemental accounting
tioned above under Docket No. 301, has become final.
under an accounting claim.
Set for trial of offsets on Feb. 15, 1973.
364: Ottawa and Chippewa. Under study by Commission's
X
December 1976.
342-C: Seneca Nation. Set for trial of offsets on Feb. 15,
x, c.
December 1973.
Investigational Division as plaintiffs are without legal
1973. See comments under Docket No. 342-B, above.
counsel.
342-F: Seneca Nation. Set for trial of offsets on Feb. 15,
X
August 1973.
368: Seneca, Tonawanda Set for trial of offsets on
x, c
December 1973.
1973.
Feb. 15, 1973, with Docket Nos. 342-B and 342-C.
342-G: Seneca Nation. Awaiting documented motion
X
X
December 1976.
Estimated completion date is the same as that for
from plaintiff in respect to issue of defendant's liability
Docket Nos. 342-B and 342-C with which this case is
to account, and defendant's accounting report.
consolidated. See comments under Docket No. 342-B,
342-1: Seneca Nation. Set for trial of offsets on Feb. 15,
X
December 1973.
above.
1973.
368-A: Seneca, Tonawanda. Appeal time from a final
February 1973.
343: Seneca-Cayuga. On appeal in the Court of Claims
January 1976.
award of $5,466,615.04 in this case and consolidated
from the Commission's determinations as to defend-
Docket No. 342-A expires in the month shown on the
ant's liability.
right.
345: Papago
x,b
March 1974.
369: Aleut Tribe, et al. On appeal in the Court of Claims
December 1973.
350-B: Three Affiliated Tribes of Fort Berthold Reserva-
December 1973.
from Commission's order of dismissal. The projected
tion. The expiration of appeal time from an order
completion date assumes affirmance of the dismissal
dismissing this case was stayed by its involvement in
order by the Court.
the cross appeals to the Court of Claims mentioned
under Docket No. 113, above.
350-C: Three Affiliated Tribes of Fort Berthold Reserva-
December 1975.
1 Remand.
tion. On cross appeals in the Court of Claims with
3 As to overlap area.
Docket Nos. 113, 191, 221, 246, and 350-B from the
Commission's determinations of title and related
issues.
350-D: Three Affiliated Tribes of Fort Berthold Reserva-
X, $
June 1974.
tion. Decision on value deferred pending decision of
the Court of Claims in the appeals mentioned under
Docket No. 350-C.
350-F: Three Affiliated Tribes of Fort Berthold Reserva-
July 1974.
tion. On cross appeals in the Court of Claims from the
Commission's final determinations and award of
$8,809,057.00 plus certain additional damages meas-
ured by simple interest rates.
350-G: Three Affiliated Tribes of Fort Berthold Reserva-
N
December 1976.
tion. Among other things, plaintiffs seek supplemental
accountings.
352: Aleut Community of St. Paul Island. On appeal in
March 1974.
the Court of Claims from the Commission's order of
dismissal. The projected completion date assumes
affirmance of the dismissal order by the Court.
353: Navajo. Same comments as under Docket No. 299,
X
December 1976.
above.
354: Pueblo of San lidefonso. Plaintiff has right to move X, $
October 1975.
for rehearing of Cemmission's decision disallowing
interest on the claim until 30 days after the Commis-
sion's decision on order to show cause in Docket No.
357-A.
355: Pueblo of Santo Domingo. Same comment as under X, $
October 1975.
Docket No. 354, above.
356: Pueblo of Santa Clara. Same comment as under X, $
October 1975.
Docket No. 354, above.
357: Pueblo of Taos. To be tried on value at same time as
X
October 1975.
Docket Nos. 354, 355, and 356.
357-A: Pueblo of Taos. Submitted for decision on issues X,
$
October 1975.
involved in an order-to-show-cause why an interlocu-
tory award on the claim should not be vacated. Same
further comment as under Docket No. 354, above.
357-B: Pueblo of Taos. Blue Lake aboriginal claim.
X
October 1975.
In view of provisions in Public Law 91-550, approved
Dec. 15, 1970, destined for dismissal after the directive
to the Commission in Section 4(d) of that Act is
satisfied.
358: Pueblo of Nambe. Removed from calendar for
x
October 1975.
trial of value as settlement of valuation issues appeared
likely. Plaintiff has right to move for rehearing of
Commission's decision disallowing interest on the
claim until 30 days after the Commission's decision
on order to show cause in Docket No. 357-A.
See footnotes at end of table.
S. Rept. 93-53
S. Rept. 93-53
Cribum
TULSA, OKLA.
D. 79,425
APR 16 1976
Money awarded for past wrongs
State tribes among top suit winners
By BILL SAMPSON
ample, was filed in 1948 and concluded
PAWNEE, $7.3 million and Creek Na-
Oklahoma Indians are among the
in two parts, in 1961 and 1972.
tion (as constituted in 1814), $3.9 mil-
leading tribes in winning monetary
In the federal courts, the Cherokees,
lion in 1963.
claims against the federal government
Choctaws and Chickasaws won a 1970
Peoria (Wea band), $876,477; Dela-
for various wrongs of the past.
U.S. Supreme Court decision awarding
wares (1818 treaty), $1.6 million; Otoe-
Last fiscal year, a combined claim of
them title to the Arkansas River bed
Missouria, $1.7 million, all 1964.
Kiowa, Comanche and Apache tribes of
between Muskogee and Fort Smith,
Seminole, $63,680; Ottawa of Okla-
southwest Oklahoma won the largest
Ark. Earlier this year government ap-
homa, $406,166; Iowa, $1.3 million; Sac
claim to date before the U.S. Indian
praisers said it is worth $177 million,
and Fox, $3.6 million (three claims),
Claims Commission, $35,060,000.
and the tribes are negotiating with
all 1965.
This year, about 4,500 Cherokees
Congress for payment.
Ponca, $2,458; Cheyenne-Arapaho, $15
have collected $100 each in per capita
million; Iowa, $11,394, all 1966.
payments from the $3.5 million award
BUT MOST MAJOR Indian cases
Creek, $1 million; Sac and Fox,
in the second part of the Cherokee
since creation of the Indian Claims
$692,000, both 1967.
Outlet case decided by the commission
Commisison in 1946 are decided before
Peoria (Wea band), $33,262; Kiowa,
in 1972. The tribe collected $14 million
that body.
Comanche and Apache, $6 million;
for the first part of the case decided in
The most recent annual report of the
Kickapoo, $540,000, all 1968.
1961.
commission shows that through fiscal
1975, the cumulative total of awards
MIAMI OF Oklahoma, per capita
THESE CLAIMS, like others before
has amounted to $561,113,637 since 1946.
share of $1.3 to Miami Indians in Okla-
the commission, pertain to tribal lands
The total amount for these awards
homa and Indiana, 1969.
and sometimes water rights ceded, sold
appropriated by Congress has been
Delawares and Absentee Delawares,
or lost to the federal government in the
$35,944,264. Some award payments are
$9.1 million; Miami, $3.8 million;
19th century, usually under terms
pending and others were settled by the
Peoria (Wea band), $1.5 million; Iowa,
which amounted to duress and for
various tribes and Congress for smaller
$2.7 million; Sac and Fox, $10.6 mil-
prices the commission considers "un-
amounts than recommended by the In-
lin; Peoria (Piankeshaw band), $3.2
conscionable."
dian Claims Commission.
million, all in 1970.
Most of the cases are difficult to
There are still 175 cases pending be-
Osage, $13.2 million; Seminole, $12.2
prove because of scanty Indian records
fore the commission. In 1972, Congress
million; Delaware, $1.4 million; Creek,
and evidencce, and take years to liti-
extended the authority of the commis-
$50,000; Fort Sill Apaches, $521,726;
gate. The Cherokee Outlet case, for ex-
sion through April 10, 1977, with a pro-
Ponca, $1.8 million; Delawares,
$435,873; Cherokees, $3.5 million, all
vision that cases still pending at that
1972. Ponca, $1 million; Creek, $1.7 mil-
time be transferred to the U.S. Court of
lion; Seneca, $5.4 million; Creek,
Claims.
$400,000, all 1973.
THAT COURT has advised Congress
Sac and Fox, $1.9 million; Seneca,
it does not welcome the proposed re-
$182, 000; Potawatomi, Oklahoma
sponsibility and is not adequately
members shared in a total tribal award
staffed or budgeted at present to take
of $2.2 million, all in 1974.
on the commission's work.
Kiowa, Comanche and Apache, $35
Following is a list of Oklahoma tribes
million; Seneca-Cayuga, $42,000 in 1975.
which have won claims before the com-
mission, their amount, and the year in
which they were won:
Choctaws, $2.5 million and Chicka-
saws, $902,000, both in 1951; Loyal
Creeks, $600,000 and Kaws, $2.3, mil-
lion, both in 1952; Quapaws, $927,668,
1954; Osages, $864,107, 1955; Otoe-Mis-
souria, $1.1 million, 1956; Kiowa, Co-
manche and Apache, $2 million, 1958 (a
different claim than the $35 million
award mentioned earlier).
Seminoles, $34,000, 1958; Chickasaws,
$190,934, 1960; Absentee Shawnee, $1.2
million, Miami of Oklahoma, $349,193,
and Cherokees, $14 million, all 1961.
The Oregonian
FORTLAND, OREGON
D. 245,732 SUN. 407,136
APR 14 19/6
Staff photo by JAMES VINCENT
SUPPORTERS CHEER - Supporters of Dennis Banks,
in Portland for his arraignment on federal firearms
American Indian Movement leader, surround him Tues-
charges. To right of Banks is his wife, KaMook, who
day as Banks (arm upraised) arrives at U.S. Courthouse
carries one of their children. Banks pleaded not guilty.
Contd.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1695
INDIAN CLAIMS COMMISSION AUTHORIZATION, 1977
SEPTEMBER 27, 1976.-Ordered to be printed
Mr. MEEDS, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany S. 2981]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the House to the bill (S. 2981) to au-
thorize appropriations for the Indian Claims Commission for fiscal
year 1977, and for other purposes, having met, after full and free con-
ference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the Senate recede from its disagreement to the amendment
of the House and agree to the same with the following amendment:
In lieu of the matter proposed to be stricken by the House amend-
ment, insert the following:
That there is authorized to be appropriated to carry out the provi-
sions 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 Com-
57-006 0
2
mission determines it cannot completely adjudicate by September 30,
1978. In addition, the Commission may, at any time prior to Septem-
ber 30. 1978, certify and transfer to the Court of Claims any (ase
which it determines cannot be completely Indicated prior to the dis-
solution of the Commission. Jurisdiction is hereby conferred upon the
Court of Claims to adjudicate all such cases under the provisions of
JOINT EXPLANATORY STATEMENT OF THE
section 2 of the Indian Claims Commission Act: Provided. That sec-
COMMITTEE OF CONFERENCE
tion 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.
The managers on the part of the House and the Senate at the con-
pon dissolution of the Commission, all pending cases including those
ference on the disagreeing votes of the two Houses on the amendment
on appeal shall be transferred to the Court of Claims for adjudication
of the House to the bill (S. 2981) authorizing appropriations for fiscal
on the same basis as those authorized to be transferred by this section."
year 1977 for the Indian Claims Commission and for other purposes,
SEC. 3. Section 28 of such Act of August 13. 1946, as amended (25
submit the following joint statement to the House and the Senate in
U.S.C. 70r-2), is amended by striking said section and inserting in
explanation of the effect of the action agreed upon by the managers
lieu thereof the following:
and recommended in the accompanying conference report:
The House amendment struck all those provisions after the au-
"STATUS REPORT TO CONGRESS
thorizing section which extended the life of the Indian Claims Com-
mission to September 30. 1980, and the Senate disagreed to the House
"NEC. 28. The Commission shall, on the first day of the 95th Con-
amendment.
gress, submit a report to the Committees on Interior and Insular
The committee of conference recommends that the Senate recede
Affairs of the Senate and House of Representatives on. those cases
from its disagreement to the amendment of the House and agree
which it has transferred pursuant to section 23 of this Act, as amended.
to such amendment with an amendment. The differences between
In addition. the Commission shall submit a report of said Committees
the Senate bill, the House amendment thereto, and the amendment
at six month intervals thereafter showing the progress made and the
to the House amendment agreed to in conference are noted below
work remaining to be completed by the Commission, as well as the
except for clerical corrections, conforming changes made necessary
status of each remaining case. along with the projected date for its
by agreements reached by the conferees, and minor drafting and
completion."
clarifying changes.
And the House agree to the same.
S. 2981 as passed by the Senate on April 9, 1976, had two purposes.
Roy A. TAYLOR,
The first is to authorize an appropriation of $1,650,000 for fiscal year
LLOYD MEEDS,
1977. The second is to extend the life of the Commission by three and
ROBERT G. STEPHENS. Jr.,
one half years to September 30, 1980 in order to provide a sufficient
THEODORE M. RISENHOOVER.
period of time to complete its work. The Commission still has some
JAMES P. JOHNSON,
140 cases pending final adjudication, most of which could be completed
Managers on the Part of the House.
by 1980.
HENRY M. JACKSON,
The House Interior and Insular Affairs Committee added an amend-
LEE METCALF.
ment to the House authorization bill (H.R. 11909) which would have
J. BENNETT JOHNSTON,
extended the life of the Indian Claims Commission to September 30,
JAMES ABOUREZK,
1980. The House Committee amendments also included procedures for
PAUL J. FANNIN,
an orderly transfer of unfinished cases to the Court of Claims. How-
DEWEY F. BARTLETT,
ever. the full House voted in favor of an amendment offered by Mr.
Managers on the Part of the Senate.
Meeds to strike the extension language. Thus, H.R. 11909 as passed
on August 3. 1976, is a simple authorization bill.
The conferees agreed to accept a compromise that would extend
the life of the Commission for one and one half years until Septem-
ber 30, 1978. Additionally, the conferees agreed to the following
provisions:
(1) All cases which the Commission determined it could not
complete by September 30, 1978, would be transferred to the Com-
mission no later than December 31, 1976.
(2) All cases remaining under the jurisdiction of the Com-
mission. but which are incomplete on September 30, 1978, would
(3)
4
be transferred on that date to the Court of Claims for completion,
pursuant to the existing language of the Act.
(3) The Commission is required to report to the Committees
on Interior and Insular Affairs of the Senate and House of Rep-
resentatives on the first day of the 95th Congress those cases which
it transferred to the Court of Claims by December 31, 1976. It is
further required to make semi-annual reports thereafter on its
progress on remaining cases.
The committee of conference firmly intends that the Indian Claims
Commission shall transfer by December 31, 1976, all cases of an ac-
counting nature in which no proceedings have been initiated. Addi-
tionally, it firmly expects that all other cases which the Commission
determines that it cannot completely adjudicate by September 30, 1978
shall also be transferred by December 31, 1976.
The Committee of Conference is adamantly opposed to any further
extensions of the Commission beyond the September 30, 1978 dissolu-
tion date. Therefore, all those cases which cannot be completed by that
date should be transferred by the Indian Claims Commission to the
Court of Claims.
Roy A. TAYLOR,
LLOYD MEEDS,
ROBERT G. STEPHENS, Jr.,
THEODORE M. RISENHOOVER,
JAMES P. JOHNSON,
Managers on the Part of the House.
HENRY M. JACKSON,
LEE METCALF,
J. BENNETT JOHNSTON,
JAMES ABOUREZK,
PAUL J. FANNIN,
DEWEY F. BARTLETT,
Managers on the Part of the Senate.
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
October 2
400pm
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:
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
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. Cannon
For the President
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
STATES
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.
GREATO VORD LIBRARY
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.
Acting Director
Enclosures
ORD
LIBRARY
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,
Deasme Jerome Kuykenda11
Chairman
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.
FORD LIBRARY