INDIAN LAND TRANSACTIONS

SENATOR MURRAY'S REQUEST FOR MORATORIUM ON THE SALE OF INDIAN LANDS

[Excerpts from the Congressional Record of May 13, 1958, pp. 7636-7639 and A4796 and A4797]

REQUEST FOR MORATORIUM ON SALE OF INDIAN LANDS

Mr. MURRAY. Mr. President, as chairman of the Senate Committee on Interior and Insular Affairs, I have today asked the Secretary of the Interior to declare a moratorium on the sale of Indian lands. I have asked that this moratorium continue until my committee has reviewed and commented on reports concerning Indian land sales which we are obtaining from Indian tribal officials and various Indian Bureau field offices throughout the country.

I know that other Senators share my concern over the alienation of Indian land. My distinguished colleague from Montana [Mr. Mansfield], as well as our colleagues in the House, Representatives Metcalf and Anderson, have tried without too much success to stem the tide in our State.

The distinguished senior Senator from Illinois [Mr. Douglas] is one of the most effective champions of Indian rights who has ever served in Congress. We in the Senate are particularly fortunate to have as the chairman of the Indian Affairs Subcommittee the distinguished junior Senator from Oregon [Mr. Neuberger]. He is an informed and articulate student of Indian affairs. Furthermore, he has devoted a great deal of time and effort toward bettering the conditions of the Indians, of which his yeoman service regarding the Klamath bill is but the most recent example.

I know that other Senators are just as concerned as I am over the fact that thousands of Indians have been forced by poverty to sell their landholdings, which all too frequently constitute their only source of income.

Their words are more eloquent than mine. Here is what one of them, a man on the Crow Reservation whom I have known personally for many years, wrote me about a month ago:

Due to the fact that there is no jobs here on the Crow Reservation, except a very few that have jobs at the agency office, some of us have no money coming in so we are having a hard time. I am one of them. I am an old man, and as you know that very seldom an old man can get a job, so he could get by. I have been compelled to put up as security all of my beaded buckskin outfit, war bonnet and my saddle and bridle in order to get something to eat.

I don't know how I am going to get more money for my living expenses. So I thought it possible the quickest way is to try and get a fee patent on some of my inherited land. If I ask to put some of my land in the supervised land sale it would take too long to wait.

Mr. President, Mr. Iliff McKay, the secretary of the Blackfeet Tribal Council, recently made this prediction to me:

If the present practice of holding supervised sales of Indian land is continued, and land is alienated from Indian ownership at its present rate, then in a matter of 5 short years not enough land will remain under supervision of the Bureau of Indian Affairs to organize economical grazing units for even the Indian-owned livestock on the reservation.

In his letter to me dated April 29, 1958, Mr. McKay summarizes the concern of the Blackfeet Tribal Council in these words:

1. Land: The tribal council feels this problem is of greatest importance, particularly the insistence of the Indian Bureau that individuals be allowed to sell their land at public sales supervised by the Bureau. This policy clearly demonstrates lack of foresight and planning on the part of those responsible for it.

In carrying out this policy, no consideration is given to the long-term development of the individual, the tribe, or the community. The only benefit, if there is one, is an immediate access to money for the individual. This policy contributes nothing to the long-term building or development of the individual's character, earning power, or financial ability. Records which we hope to make available soon will show that in most cases these people are allowed to dispose of their land and dissipate the proceeds from this disposition in a short time. Then, as the land is mostly sold to non-Indians, the individual becomes dependent upon the economy of the tribe for assistance; even though this economy is made more difficult to build and stabilize because of the alienation of the land upon which it is based. One practical solution to this problem, aside from an abandonment of this policy on the part of the Bureau, would be the making of long-term loans by the Government, similar to loans from the Federal land bank made to non-Indians, to either the tribe or to individual Indians for the purchase of land offered for sale in this manner.

Members of the Northern Cheyenne Tribe in Montana also suffer from administration land policy. During 1957 a supervised sale of land was held on their reservation. The tribe wished to bid on some of the land which Indian allottees, desperate for cash, had put up for sale. The Northern Cheyennes had sold cattle, and planned to invest the proceeds in the land, so they could hold together at least a part of their reservation. But the Indian Bureau, busy for months auditing the proceeds from the cattle sale, refused to delay the sale until this money was made available to the tribe. Secondly, the Indian Bureau sold at least one key tract, the loss of which jeopardizes the grazing economy of the entire tribe. And as a final blow the Indian Bureau refused to permit the tribe the opportunity it requested to meet the price of the highest bidder.

On yet another Montana reservation, the Fort Peck, some 80,000 acres of Indian land was sold in 1957. In less than 50 years, twothirds of the individually owned land has been disposed of.

Mr. President, I have explained events on 4 of Montana's 7 reservations. But the matters of which I speak are not isolated instances occurring only in Montana. Similar situations exist throughout the country, as many Senators well know. Only last month the Board of

Directors of the Association on American Indian Affairs concluded that there is hope for an Indian future only where a stable land base exists.

The board of directors adopted a policy calling for a 1-year moratorium by the Federal Government on all Indian land sales to nonmembers of the tribes.

Furthermore, the National Congress of American Indians, which is composed entirely of Indians, indicated the concern or despair of Indians throughout the country by passing the following resolution at its 14th annual convention in Claremore, Okla., last fall:

RESOLUTION No. 19-LAND

Whereas Indian lands are rapidly diminishing as a result of sales of trust allotted tracts of land; and

Whereas legislative bills have been introduced in Congress, which favor both rehabilitation programs for the American Indians and immediate termination of Federal control over Indian land and the Indian people; and

Whereas the mere sale of Indian land will not solve the problems of the Indian people nor the problems brought about by Federal administration of the Indian's problems and affairs; and

Whereas the Bureau of Indian Affairs has curtailed the use of Federal funds which may be used for the purpose of revolving credit loans to tribal members: Now, therefore, be it

Resolved by the National Congress of American Indians in convention assembled in Claremore, Okla., October 28 to November 1, 1957, That the Secretary of the Interior and/or the Commissioner of Indian Affairs declare a moratorium in the alienation of trust lands to non-Indians, for a sufficient period of time to give the American Indian tribes opportunity to plan a program of full utilization of Indian land through purchase and rehabilitation programs.

Mr. President, on April 17, 1958, as chairman of the Senate Committee on Interior and Insular Affairs, I sent detailed questionnaires concerning Indian lands to Indian tribal officials and various Indian Bureau field officers throughout the country. I expressed the hope that the replies be returned to the committee by June 15, 1958. I believe that the replies will be most illuminating and most helpful to Congress in dealing with the problem of alienation of Indian land. They will, of course, be particularly helpful to the Senate Interior and Insular Affairs Committee and its Subcommittee on Indian Affairs.

Mr. President, about a year ago the Bureau of Indian Affairs put out a press release headlined "Over 1 Million Acres Added to Indian Tribal Landholdings in Last 3 Years." Actually 1,023,696 of those acres were turned over to the Indians by Congress or purchased by the Indians themselves. Only 653 of the 1,024,349 acres involved were turned over to the Indian tribes by the administration.

During this same period, according to Indian Bureau figures, 1,342,626 acres passed out of Indian ownership. Thus the Indians' net loss was 318,479 acres.

How much land has passed from Indian ownership since then? The Indian Bureau has not come up with the answer to that. We hope, through the questionnaires sent out to tribal and Bureau officials, to obtain up-to-date answers to this important question. However, as I pointed out earlier, on but one reservation in my State, the Fort Peck, more than 80,000 acres were sold last year.

Mr. President, there are many ramifications to the Indian problem. But I submit that this matter of Indian land sale demands immediate attention and policy review. That is why I requested the moratorium. Mr. President, I ask unanimous consent to have printed in the Record, immediately following these remarks, my letter of April 17, 1958, and the questionnaires referred to.

There being no objection, the letter and questionnaire were ordered to be printed in the Record, as follows:

UNITED STATES SENATE,

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,

April 17, 1958.

DEAR SIRS: Effective legislation by the Congress concerning Indian lands requires extensive historical and statistical data concerning all local land transactions in recent years. Current legislation must be based on studies of prior legislation and resulting actions in the field. Therefore, a comprehensive 10-year record of all transactions involving the disposition and the acquisition of Indian lands is considered an indispensable necessity in the process of considering currently proposed legislation. In keeping itself informed on this kind of data, the committee has found that a best source for accurate and up-to-date information is in the field offices themselves.

The enclosed questionnaire has been drafted for submission to the various Bureau field officers and the tribal officials of each local jurisdiction, reservation, or agency. It is intended to evoke answers which are at once comprehensive and accurate so that the resulting legislation may be sound and well considered. It will be especially helpful, where estimates must be used, if they are so identified and the basis of estimation clearly stated. In order that the committee needs may be adequately met, please return answers in duplicate and include any accessory materials relating to the subject in hand, such as maps, tables, charts, diagrams, and any other pertinent or seemingly pertinent items. The committee has tried to make these questions as clear as possible. Should there be any question of interpretation, please explain the basis for each answer. The committee would also appreciate an enumeration of all Federal lands on each reservation which have been acquired from private owners since 1930, the extent of acreage involved and number of tracts, the authorities, dates of acquisition, and purposes involved in the purchase of this land and the amount, if any, of current Indian tribal or individual use of this land through leasing or otherwise, and the conditions of such leasing or use.

Figures as to the total number of tribal employees on each reservation and the number, out of this total, who are concerned with land transactions are also desired. This material could be included in a history of tribal land employment during the last 10 years.

In order that staff analysis may be completed within a time commensurate with committee needs, it is desirable that replies be in committee hands by June 15, 1958. Please fill out the enclosed tabular forms which will help make your numerical data more useful to the committee and return your filled-out forms and answers to me, Committee on Interior and Insular Affairs, United States Senate, Washington, D. C.

The committee thanks you for your cooperation, and appreciates your evident desire that the Congress be kept well informed on the condition of Indians and their welfare.

Sincerely yours,

JAMES E. MURRAY, Chairman.

QUESTIONNAIRE ON THE DISPOSITION AND ACQUISITION OF INDIAN LANDS IN THE LAST 10 YEARS

PART I

The purpose of this part of the questionnaire is to obtain information as to the volume of certain transactions involving Indian lands, the number of acres involved in these transactions, and the nature of the transactions. Attached are tables showing the information desired, which are submitted for your use in understanding the question below. It is realized that, due to the manner in which land records are maintained and the methods by which statistical information has been reported, in some instances it will be difficult to obtain accurate replies to the questions presented. If exact statistics are unavailable, please give the number of transactions and the acreage involved for the period July 1, 1947, to June 30, 1957. Please prepare statements to accompany the questionnaire regarding the need for the making of estimates in reply to the questionnaire and a statement as to the adequacy of the records and the reporting methods regarding realty transactions.

As to tribal and individually owned trust or restricted land:

1. How many acres were there in tribal ownership on July 1, 1947? How many acres in trust? How many acres which the tribe had acquired in fee?

2. How many acres of trust or restricted land were there in individual Indian ownership of July 1, 1947?

3. How many transactions by which tribal or individually owned lands were disposed of (including the placing of unrestricted fee title in the hands of the owners by issuance of patents-in-fee, certificates of competency, etc.) were consummated during each fiscal year since July 1, 1947?

4. How many acres were so disposed of or removed from Bureau jurisdiction during each fiscal year since July 1, 1947?

5. Give the numbers of transactions for each year which will be shown in answer to No. 3, above, broken down by the type of transaction.

6. Give the acreages for each year which will be shown in answer to No. 4, above, broken down by the type of transaction.

(Questions 7 to 10 refer only to land not previously under Indian ownership.) 7. How many transactions by which tribal or individual Indian lands were acquired were consummated during each fiscal year since July 1, 1947?

8. How many acres were so acquired during each calendar year since July 1, 1947?

9. Give the numbers of transactions for each year which will be shown in answer to No. 7, above, broken down by the type of transaction.

10. Give the acreages for each year which will be shown in answer to No. 8, above, broken down by the type of transaction.

11. How many acres were there in tribal ownership on December 31, 1957? How many acres held by the United States in trust? How many acres which the tribe had acquired in fee?

12. How many acres of trust or restricted land were there in individual Indian ownership on December 31, 1957?

13. Cite and discuss briefly any special acts of Congress which have affected the acquisition and disposal of Indian lands (termination acts, private acts directing the issuance of patents-in-fee, etc.). What study is being made of the cause and effect of sales? Has the tribal council passed or considered any resolutions on this subject? Please elaborate and include any resolutions approved.