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Indians alike within the area set aside for any industry on a reservation established by an investor who has qualified for the incentives provided by section 7 of this Act.
"(b) Chapter 53 of title 18, United States Code, is amended by adding at the end thereof the following:
"'§ 1164. Bribes affecting Indians
"'Whoever offers, gives, or accepts money or thing of value to, by, or at the direction of an official, agent, or employee of an Indian tribe or community with intent to influence him, or to influence some other tribal ofcial, agent, or employee through him, in his decision or action on any question, matter, cause or proceeding pending before the tribe or any official, agent, or employee thereof. shall be fined not more than three times the amount of such money or value of such thing or imprisoned not more than three years, or both.'
"(c) The analysis of such chapter 53 is amended by adding at the foot thereof the following new item:
"'1164. Bribes affecting Indians."
"SEC. 811. (a) Where any tribe has accepted the provisions of this Act. any Indian member of such tribe who thereafter is aggrieved by any final decision of a tribal court and who has exhausted such appellate procedures as are available to him, may appeal such decision to any United States district court for the district in which the reservation on which such tribe is domiciled is located. Such appeals must be taken within one year from the date the decision of the tribal court became final, after exhaustion of administrative and other remedies.
"(b) Jurisdiction is hereby conferred on the United States district courts, without regard to the amount in controversy, to render final decisions on cases appealed to them pursuant to this section. The jurisdiction of the courts under this section shall be exclusive, and decisions rendered by such courts under this section shall be final.
"(c) The decisions of the tribal courts in any case appealed under this section shall be final, if supported by a preponderance of the evidence, unless contrary to law or tribal custom, as applicable. If the United States district court determines that the decision of the tribal court is not supported by a preponderance of the evidence, or is contrary to law or tribal custom. as applicable. the court shall reverse or modify the decision of the tribal court, or remand the case to the tribal court for further action, or make such other disposition of the case as may be just."
Mr. CELLER (interrupting reading of the bill). Mr. Chairman, enough has been read of the amendment to indicate that it is subject to a point of order, and I make the point of order that we have not completed the reading of the bill, therefore this is not the proper place to consider the amendment.
The CHAIRMAN. The Chair reminds the gentleman from New York that the amendment offered by the gentleman
from South Dakota has been made in order by the resolution under which this bill is being considered. The gentleman is offering the amendment at this time. and the Chair would be impelled to hold that the amendment is in order.
Mr. CELLER. Mr. Chairman, a parliamentary inquiry.
The CHAIRMAN. The gentleman will state it.
Mr. CELLER. Mr. Chairman, would it be in order to offer this amendment to title VII, or must there be a new title read?
The CHAIRMAN. The gentleman from South Dakota is offering his amendment as a new title VIII to the
Mr. CELLER. Mr. Chairman, a further parliamentary inquiry.
The CHAIRMAN. The gentleman will state it.
Mr. CELLER. Mr. Chairman, is the amendment offered by the gentleman from South Dakota germane to title VIII, which is quite different from the Indian proposition?
The CHAIRMAN. The Chair is unable to answer the question for the reason the amendment offered by the gcntleman from South Dakota has not been completely read.
Mr. CELLER. Mr. Chairman. I reserve the point of order until after the amendment is read.
The Clerk continued the reading of the amendment.
Mr. BERRY (interrupting reading of the amendment). Mr. Chairman, I ask unanimous consent that further reading of the amendment be dispensed with.
Mr. ASPINALL. Mr. Chairman, I object.
Mr. ROOSEVELT (interrupting the reading of the amendment). Mr. Chairman, I ask unanimous consent that the further reading of the amendment be dispensed with.
Mr. WILLIAMS. I object, Mr. Chair
Mr. BERRY. Mr. Chairman, I ask unanimous consent to proceed for 5 additional minutes.
The CHAIRMAN. Is there objection to the request of the gentleman from South Dakota?
There was no objection.
Mr. BERRY. Mr. Chairman, we have had 10 days of consideration, or lack of consideration, if you wish, concerning the segregation of the Negro people. The purpose of this amendment is to eliminate the segregation of the American Indian. Originally the American Gov
ernment segregated the Indians very effectively by the American cavalry. Down through the years we have removed the barbed wire fences from around the reservations but in recent years they are still segregated by our reservation system.
I have a friend-and I have known him for a good many years-who came up to South Dakota from Texas in one of the last big cattle drives. He came up as a rider for the Matador Cattle Co. He was 18 years old, and at that time the Matador Cattle Co. had all of the Standing Rock Indian Reservation under lease. He has told me a good many times how during those years all of the riders for that company had to carry passes in order to get on or get off of the Standing Rock Indian Reservation.
Now, listen, my friends. This is within the lifetime of one man. In recent years we have removed the cavalry and the barbed wire from around the reservation, but the reservation today is just as segregated as it was in those days when my friend was riding for the Matador, by reason of what I call a mental block. I do not know whether any of you realize it. but every Indian born on an Indian reservation or every allotted Indian is considered by law to be incompetent until the Secretary of the Interior declares by a certificate that he is competent to handle his own business and his own personal affairs. The title to his land is held in trust by the Federal Government. He cannot even lease his own land. These reservation areas today are broken up into what is known as range units.
If you were an Indian and you have parter section of land in a range unit, you have nothing to say about whether or not it will be rented and you have nothing to say about who the renter will be and you have nothing to say about the amount of the lease. The Federal Government not only holds the title, but they lease the land. In addition to that, Mr. Chairman, they collect the rent. If you happen to be on relief, then, Mr. Chairman, the lease check is turned over to the welfare department to be doled to you on the same basis as other welfare funds. Not even in darkest Russia does an individual have less liberty and less freedom than an allotted Indian on an Indian reservation.
Mr. ASPINALL Mr. Chairman, will the gentleman yield?
Mr. BERRY. I yield to my chairman. Mr. ASPINALL. Do you consider and would you tell the committee that the amendment you propose is going to alleviate the situation you describe to us?
Mr. BERRY. Of course it will.
Mr. ASPINALL. It is my honest opinion that it will not.
Mr. BERRY. Of course it will, and I shall tell you how.
I want to say also that we in Congress here appropriate the money and the Department builds and operates segregated Indian schools. I have a dozen of them in my district which no non-Indian can attend.
Philleo Nash, Commissioner of Indian Affairs, has said that he has under his jurisdiction some 380,000 Indians. Of this number he says from 100,000 to 125,000 are employable. And of this number of employables from 40,000 to 45,000 are unemployed. We get very exercised when 4 percent of the Nation's labor force are unemployed. Here 40 percent are unemployed.
The problem is that every or nearly every reservation is very remotely located and is generally unproductive. We found these people on the land, we thought all of them should be farmers. But the truth is that today the reservation areas do not have sufficient productive areas to provide a livelihood for more than 10 percent of the Indians on that reservation the remaining 90 percent are either on relief or employed in some Government make-work program.
The Indians make good industrial workers. The Bulova Watch Co. has a plant in Rolla, N. Dak. The president of the company testified before our committee in 1960 that the absenteeism in the Rolla plant in North Dakota was the lowest of any plant the company has in the United States, less than 3 percent. The difficulty is, though, that since these reservation areas are remotely located, the cost of transportation of raw material to the reservation, and then the cost of transportation of the finished product from the reservation makes it so expensive that it is impossible for these plants to compete unless there is some kind of a direct subsidy, or unless there is some kind of a tax incentive. And that is exactly what this amendment proposes to do, namely, provide that tax incentive to offset the high transportation costs.
Just as a sideline, 17 years ago the Senate subcommittee held hearings in Puerto Rico on the economic conditions down there. They came back with a report to the effect that the situation in Puerto Rico was "unsolvable." Then 16 years ago Puerto Rico's retiring Governor, Rexford Tugwell, chose as the title for his book about the island. "The
Stricken Land." Today this "stricken land" has the highest per capita income of any of the Latin-American countries except oil-rich Venezuela. This change has come about because Governor Munoz Marin established his "Operation Bootstrap" program down there. In this program he offered any industry establishing a plant on the island and providing employment for the Puerto Rican people a 10-year exemption from Federal or State taxes, and where necessary he would build the building or purchase some of the equipment if necessary.
The result is that today these people have been able to lift themselves out of the quagmire of slums and despair through Operation Bootstrap. And I say to you, Mr. Chairman, that what Operation Bootstrap did for Puerto Rico, "Operation Bootstrap, reservation style" can and will do on the Indian reservations of these United States.
year the company must certify that more than 50 percent of its employees are enrolled Indians. This limits the program to small businesses because most reservations are not too large and the 50-percent limitation will keep the industry small.
The CHAIRMAN. The time of the gentleman from South Dakota has expired.
Mr. BERRY. Mr. Chairman, I ask unanimous consent to proceed for 2 additional minutes.
Is there objection to the request of the gentleman from South Dakota?
There was no objection.
Mr. EDMONDSON. Mr. Chairman, will the gentleman yield?
Mr. BERRY. I yield to the gentleman from Oklahoma.
Mr. EDMONDSON. The gentleman says his proposed amendment would make available FHA loans to Indians on reservations. Does he refer to the section that says the Community Facilities Administration shall be authorized to make loans to the tribe for the same purpose and to the same extent he is authorized to make loans under title I of the housing amendment to any smaller unit?
Mr. BERRY. Yes.
Mr. EDMONDSON. So it is a group housing or public housing loan you are talking about, and not individual loans?
Mr. BERRY. It also makes available housing loans.
Mr. EDMONDSON. I wish the gentleman would show me where it makes housing loans to individuals on individually owned land because the only section I find is this one.
Mr. BERRY. It does make individual housing loans available and community housing as well.
I want to say in closing that this bill provides for integration of the Indian reservations because when an industry comes to the reservation the majority of the managers and skilled workers will for a time be non-Indians. They will come to the reservation, they will bring their families with them, and we will have schools operated by school districts. and attended by both Indians and nonIndian children instead of the segregated school of today. When they learn a trade these people will be moving into other areas of the Nation' for better jobs and where they will be integrated into the non-Indian communities.
So we will have integration of the reservation, we will have schools not seg
regated by Federal law, and in 10 years' time there will be no more need for the Bureau of Indian Affairs and we will save the quarter of a billion we are annually spending on this program now.
I believe it is time to give the Indian an opportunity to earn his freedom, to earn his liberty, to earn self-respect, and to earn self-reliance. After 175 years it is time that we give the original American this original American heritage; namely, the privilege of earning a living and rearing a family through private industry.
I have here many letters from Indian tribes, from church groups and from individuals supporting this amendment and expressing their hope that it may be included in this bill.
Mr. Chairman, I rise in opposition to the amendment offered by the gentleman from South Dakota (Mr. BERRY] and any amendment that he may see fit to offer to such amendment.
To say that I was surprised that H.R. 980 was made in order as an amendment to H.R. 7152, and prohibiting a point of order being made against it, is putting it mildly. I not only was surprised, but I was shocked to think that the chairman of the committee and the members of the committee having jurisdiction of H.R. 980 by assignment from the Speaker could possibly receive such treatment from another member of the committee or from the Committee on Rules as indicated by their taking jurisdiction of this matter without notice being given to the chairman of the House Committee on Interior and Insular Affairs of their intention or their contemplated actions.
Mr. Chairman, the amendment offered by the senior member of the delegation from South Dakota is not and in no sense of the imagination can it be considered as being germane to the provisions of H.R. 7152. If there were any logical argument for it being considered germane, the provision in the resolution granting the rule would not have been worded in the language that it was. The inclusion of such a subject in the matter under debate is a discredit not only to the matter of civil rights but it is a disservice to the members of the various Indian tribes which it purports to beneft.
The senior member of the South Dakota delegation, one of the ranking minority members of the committee I chairman, has had this legislation before the House of three Congresses. I have
cooperated with him in every way, trying to get the legislation in position so that it could be constructively considered by the committee. Yet the Member from South Dakota did not even show the courtesy to his chairman or to the ranking minority member to advise either of them that he was asking for the Rules Committee to yank this bill out of the Committee on Interior and Insular Affairs and send it directly to the floor of the House without the orderly and constructive consideration that should be given to all important pieces of legislation. After the rule was granted and I reproached the Member for his lack of courtesy, his remark to me was that he really did not expect to get the rule but that he was endeavoring to get some publicity. I shall give the Member the benefit of the doubt and state here that I hope what he meant was that he was trying to get publicity in favor of a few, and I say a few advisedly, Indian communities which might ultimately benefit from this type of legislation. It is my opinion that no constructive or worthwhile legislation can be developed from the kind of procedure used by the senior Member from South Dakota.
And, Mr. Chairman, I think the method by which this amendment was made in order by the Rules Committee does a disservice to our colleagues.
Now let me hasten at this place to add that I understand what prompted the action of my colleagues on the Committee on Rules who represent the areasof the South, and my criticism does not go to them individually because I know they have felt compelled to oppose this legislation with every weapon at their command. However, I do feel that they have belittled and weakened their cause. They have unnecessarily caused the expenditure of time and effort by those who have other orderly and demanding duties to perform in order to perfect the case against this amendment.
Mr. Chairman, the provisions of H.R. 980, or what would be left of it if the Member from South Dakota had his way, will not be of any significant benefit to our fellow citizens of the Indian race. I am not contending at this time that some such program, properly considered and thought out, might not be beneficial. What I am saying is that what is proposed here will not be beneficial. It will be the reverse. It will cause some of the unsuspecting members of the Indian tribes to think that the House of Representatives is desirous of helping them. But in fact, in my opinion, no help what
soever can come of what is proposed at this time. One of the difficulties that the Indians have had to face throughout the years has been the professed friendship which led them to believe that they could expect valuable services but which professions of interest, in the end, proved to be empty and worthless.
As I have stated before, this bill, H.R. 980, or similar legislation, has been introduced in the 86th, 87th, and 88th Congresses. In the 86th Congress reports were requested and 3 days' hearings were held and the subcommittee decided that the legislation was not timely. In the 87th Congress reports were requested from the administrative branch of the Government but nothing further developed. In the 88th Congress the bill was
introduced on January 9, 1963, and it was referred to the Committee on Interior and Insular Affairs on the same day. On January 24, 1963, reports were requested from the Department of the Interior, the Department of Commerce. the Housing and Home Finance Administration, and from the Treasury Department. Up until the time the bill was made in order for consideration as an amendment to H.R. 7152, the civil rights bill, no reports were forthcoming. However, since H.R. 980 was made in order by the Rules Committee as an amendment to the bill now under discussion, I have received reports from the Department of Commerce, the Department of the Interior, and the Department of the Treasury, all of which are in opposition to the bill embodied in the amendment.