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Y 4. In2 /11:5. hrg. 49-688

S. HRG. 99-688

INDIAN LAND CLAIMS IN THE
TOWN OF GAY HEAD, MA

CIS RECORD ONLY:

HEARING

BEFORE THE

SELECT COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE

NINETY-NINTH CONGRESS

SECOND SESSION

ON

S. 1452

TO SETTLE INDIAN LAND CLAIMS IN THE TOWN OF GAY HEAD, MA,
AND FOR OTHER PURPOSES

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For sale by the Superintendent of Documents, Congressional Sales Office
U.S. Government Printing Office, Washington, DC 20402

SELECT COMMITTEE ON INDIAN AFFAIRS

MARK ANDREWS, North Dakota, Chairman

BARRY GOLDWATER, Arizona
SLADE GORTON, Washington
FRANK H. MURKOWSKI, Alaska
JAMES ABDNOR, South Dakota

JOHN MELCHER, Montana
DANIEL K. INOUYE, Hawaii
DENNIS DECONCINI, Arizona

QUENTIN N. BURDICK, North Dakota

PETER S. TAYLOR, Staff Director
MAX I. RICHTMAN, Minority Staff Director

(II)

CONTENTS

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APPENDIX

114

Francis, Rosalie, with letter from Terry Watkin, M.D

220

Gentry, Barbara, director, Indian Education Program, University of Wyo-
ming.

228

Hahn, Robert C., counsel, James group, Gay Head Tribe.

.104, 109

146

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Prepared statements of-Continued

Quarles, James L., III, counsel for Gay Head Taxpayers Association
Sockbeson, Henry J., counsel with the Native American Rights Fund..
Vanderhoop, David, selectman, Gay Head Board of Selectmen..

Widdiss, Gladys, president, Wampanoag Tribal Council of Gay Head, Inc..
Widdiss, Marc, Gay Head Board of Selectmen ......

Insertions for the record:

Robinson, Bertha, letter to Select Committee on Indian Affairs.
Welch, Beta G., letter to Select Committee on Indian Affairs

Page

148

124

169

89

168

237

236

INDIAN LAND CLAIMS IN THE TOWN OF GAY

HEAD. MA

WEDNESDAY, APRIL 9, 1986

U.S. SENATE,

SELECT COMMITTEE ON INDIAN AFFAIRS,

Washington, DC.

The committee met, pursuant to notice, at 2:18 p.m., in room 538, Dirksen Senate Office Building, Hon. Mark Andrews (chairman of the committee) presiding.

Present: Senators Andrews, Gorton, and Murkowski.

Staff present: Peter S. Taylor, staff director; Debbie Storey, professional staff member; Michael Mahsetky, staff attorney; Ginny Boylan, staff attorney; Phyllis Thompson, professional staff member; Sheila Rogan, professional staff member; Irene Herder, staff secretary; Mary Jo Vrem, legislative assistant; and Ipo Lung, professional staff member.

Mr. ANDREWs. The committee will come to order.

The hearing this afternoon is on S. 1452, a bill to settle Indian land claims in the town of Gay Head, MA, on Martha's Vineyard. This legislation would resolve a land claim filed in Federal court in 1974 by the Gay Head Wampanoag Tribe for title to 238 acres of common land presently held by the town of Gay Head.

While this claim is limited to the common lands within the town, the effect of the claim is to cast a cloud on title to other privately owned lands within the town.

The legislation before us today incorporates a joint memorandum of understanding that was signed by the Wampanoag Tribal Council of Gay Head, Inc., the town of Gay Head, the Taxpayers Association of Gay Head, Inc., and the Commonwealth of Massachusetts in November 1983.

It is my understanding that the Department of the Interior did not participate in the negotiations that led to this agreement. The agreement calls for the transfer of 238 acres of common land now held by the town, an acquisition of three parcels of land of the former Strock estate, comprising about 175 acres to be held as settlement lands and 11 acres currently in private ownership.

In addition, the town agrees to transfer a parcel of land, known as the Cook lands, to the tribe.

S. 1452 would authorize the appropriation of $3 million for establishment of settlement funds to carry out the terms of this act. However, it is my understanding that the State of Massachusetts may contribute 50 percent of these funds.

[The text of S. 1452 follows:]

(1)

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