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Disposition of Klamath and Modoc ,Judgmnt Fund

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DISPOSITION OF KLAMATH AND MODOC ,JUDGMNT FUND, HEARINGS BEFORE THE SUBCOMMITTEE ON INDIAN AFFAIRS OF TE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS HOUSE OF REPRESENTATIVES EIGHTY-NINTH CONGRESS FIRST SESSION ON H.R. 907, H.R. 4964, and S. 664 TO PROVIDE FOR THE DISPOSITION OF JUDGMENT FUNDS OF THE KLAMATH AND MODOC TRIBES AND YAHOOSKIN BAND OF SNAKE INDIANS, AND FOR OTHER PURPOSES HEARINGS HELD IN WASHINGTON, D.C. APRIL 9; MAY 13 AND 14; JUNE 17 AND 18; AND AUGUST 13 AND 18, 1965 Serial No. 9 Printed for the use of the Committee on Interior and Insular Affairs U.S. GOVERNMENT PRINTING OFFICE, 51-229 WASHINGTON: t965 ---- I COMMITTEE ON INTERIOR AND INSULAR AFFAIRS CONTENTS WAYNE N. ASPINALL, Colorado, Chairman LEO W. O'BRIEN, New York JOHN P. SAYLOR, Pennsylvania WALTER ROGERS, Texas Banking Minority Member Hearings held- Page JAMES A. HALEY, Florida E. Y. BERRY, South Dakota April 9, 1965 -_- 1 ED EDMONDSON, Oklahoma CRAIG HOSMER, California May 13, 1965 - 23 WALTER S. BARING, Nevada JOE SKUBITZ, Kansas May 14, 1965-- 95 RALPH J. RIVERS, Alaska CHARLOTTE T. REID, Illinois June 17, 1965 -133 ROY A. TAYLOR, North Carolina LAURENCE J. BURTON, Utah June 18, 1965-- 151 HAROLD T. JOHNSON, California ROGERS C. B. MORTON, Maryland August 13, 1965 -171 HUGH L. CAREY, New York WENDELL WYATT, Oregon August 18, 1965 -177 MORRIS K. UDALL, Arizona GEORGE V. HANSEN, Idaho Statements of- COMPTON I. WHITE, JR., Idaho HENRY P. SMITH III, New York Members of Congress: PHILLIP BURTON, California ED REINECKE, California Mize, Hon. Chester L., a Representative in Congress from the State of Kansas - 9, 10 DAVID S. KING, Utah Randall, Hon. William J., a Representative in Congress from the WALTER H. MOELLER, Ohio State of Missouri - 23 JOHN V. TUNNEY, California Ullman, Hon. Al, a Representative in Congress from the State of JONATHAN B. BINGHAM, New York Oregon - 6,8 THOMAS S. FOLEY, Washington Other witnesses: N. NEIMAN CRALEY, JR., Pennsylvania Carney, Mrs. Larue, Leavenworth, Kans -97 JOHN A. RACE, Wisconsin Crawford, Mr. and Mrs. Wade, Chiloquin, Oreg - _-_-____37, 101 RICHARD WHITE, Texas Gormley, Donald C., attorney at law -_ 28, 118, 151 TENO RONCALIO, Wyoming Holmes, Graham E., Assistant Commissioner for Legislation, SANTIAGO POLANCO-ABREU, Bureau of Indian Affairs, Department of the Interior - 11 Resident Commissioner, Puerto Rico Rollow, William E., attorney at law - 37, 154 Weissbrodt, I. S., attorney at law -__-_-_ - _-_-_ 159 Material submitted- SUBCOMMITTEE ON INDIAN AFFAIRS Letters: Bennett, Elmer S., Solicitor, Department of the Interior (dated JAMES A. HALEY, Florida, Chairman 1958) - 43 ED EDMONDSON, Oklahoma JOHN P. SAYLOR, Pennsylvania Carver, John A., Jr., Under Secretary of the Interior - - _ 4, 177, 187 ROY A. TAYLOR, North Carolina E. Y. BERRY, South Dakota Crawford, Wade, Chiloquin, Oreg - 46 MORRIS K. UDALL, Arizona CRAIG HOSMER, California Davis, Clarence A., Acting Secretary of the Interior, excerpts JOHN V. TUNNEY, California CHARLOTTE T. REID, Illinois (dated 1955) -_------ _-- _---- __-- _-- 45 JONATHAN B. BINGHAM, New York GEORGE V. HANSEN, Idaho Emmons, Glenn L., Commissioner, Bureau of Indian Affairs, N. NEIMAN CRALEY, JR., Pennsylvania HENRY P. SMITH III, New York Department of the Interior (dated 1954)--___-_-___ -_-_ 44 JOHN A. RACE, Wisconsin Gormley, Donald C., of Wilkinson Cragun & Baker - 48, 131, 137 RICHARD WHITE, Texas Greenwood, W. Barton, Deputy Commissioner, Bureau of Indian TENO RONCALIO, Wyoming Affairs (dated 1958) - 42 Dr. JOHN L. TAYLOR, Consultant on Territorialand Indian Affairs Hughes, Phillip S., Assistant Director for Legislative Reference, Executive Office of the President, Bureau of the Budget -12, T. RICHARD WITMER, Counsel 179, 185, 189 Hull, Hon. W. R., Jr., a Representative in Congress from the NOTE.-The chairman, Hon. Wayne N. Aspinall, Is an ex officio member of each sub- State of Missouri - _---------- _--_ 136 committee. Nash, Philleo, Commissioner, Bureau of Indian Affairs -_- ___ 47 Randall, Hon. Wm. J., a Representative in Congress from the II State of Missouri -_-------- ---- _ 139 Rollow, William E., of Whiteford, Hart, Carmody & Wilson --- 143 Skarra, Perry E., Acting Area Director, Bureau of Indian Affairs, Department of the Interior - _-- _-- ___- ___-_-__ 38, 41 Udall, Hon. Stewart L., Secretary of the Interior - 184 Weissbrodt, I. S., of Weissbrodt, Weissbrodt & Liftin -_-__ - 139 Wilkinson, Glen A., for Wilkinson, Cragun & Baker - 129 III LIBRARY ,. ,, Ol El1 IV CONTENTS Material submitted-Continued Telegrams: page Barkley, Betty Lou Moore, Klamath Falls, Oreg., and others - 135 Biss, Richard, Beatty, Oreg., and others .__- __ 133 Carter, Mrs. Charlotte C., and Mrs. Patricia L. Pool, Springfield, Oreg -_- - - - - - - - - 136 Crawford, Irving, Grants Pass, Oreg., and others 136 DISPOSITION OF KLAMATH AND MODOC JUDGMENT Engle, Melvin M. and Marcia, Klamath Falls, Oreg __- _ 135 Garrett, Mildred Lenz and Annie Lenze, Klamath Falls, Oreg... 135 FUNDS Hess, Mona, Klamath Falls, Oreg., and others __-__-____-__ 134 Moore, Alfred L., Klamath Falls, Oreg., and others __- __ 134 Moore, Newton, Klamath Falls, Oreg., and others . 135 Ohler, Pansy D., Klamath Falls, Oreg _-___ 134 FRIDAY, APRIL 9, 1965 RIay, Karen AM., Klamath Falls, Oreg-- 134 Riddle, Simeon B., Klamath Falls, Oreg., and others 134 HOUSE OF REPRESENTATIVES, Schuck, Joanna M., Merrill, Oreg _ 133 SUBCOMIAIITTEE ON INDIAN AFFAIRS OF THE Simmens, Jesse J., Medford, Oreg _ -__ Steward, Mr. and Mrs. Lindsley, Modesto, Calif 135 COlMIMITrEE ON INTERIOR AND INSULAR AFFAIRS, Aduitional material submitted: Washington, D.C. Attorney contract amendment between Klamath Tribe and The subcommittee met, pursuant to notice, at 10 a.m., in room 1324, axttornceys ----------- -- -_- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - Breakdown bv States of KLamath Tribe members residences -- 166 Longworth House Office Building. IHon. James A. Haley (chairman Exhibit 1: by Donald C. Gormley 145 of the subcommittee) presiding. House and Senate reports-- 182 Mr. HALEY. The committee will be in order. Klamath Tribe roll, copy from Federal Register, volume 20, No. For consideration of H.R. 907 by our 94, May 13, 19.55 colleague, Mr. Ullman, and Memorandum re retention of alleged tribal litigation expense 53 H.R. 4964 by our colleague, Mr. Mize, to provide for the disposition of fund. 146 judgment funds of the Kilamath and Modoc Tribes and the Yahooskin Petitions of Wade Crawford and others 40 Band of Snake Indians, and for other purposes. Watkins, Hon. V., testimony before joint subcommittee, 83d We have a report from the session on S. 2745 and H.R. 7320, part IV, February 23 and 24, Department of the Interior dated April 6, 1954 _ 47 1965, and the report is favorable if amended. Without objection, the bill and thle Department report will be made a part of the record at this point in the proceedings. (The documents referred to, H.R. 907 and HS.I 4964, together with the departmental report, follow:) [B.R. 907, 89th Cong., 1st sess.] A BILL To provide for the disposition of judgment funds of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is author- ized and directed to distribute in accordance with the provisions of this Act the funds appropriated in satisfaction of a judgment obtained by the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians, hereinafter called the Kilamath Tribe for the purposes of the administration of this Act, from the Indian Claims Commission against the United States in docket numbered 100, and all other funds heretofore or hereafter deposited in the United States Treasury to the credit of the Kilamath Tribe or any of its constituent parts or groups. SEc. 2. (a) A per eapita distribution shall be made of the funds resulting from docket numbered 100, including interest, after deducting litigation expenses and estimated costs of distribution to all persons whose names appear on the final roll of the Klamath Tribe, which roll was closed and made final as of August 13, 1954 (68 Stat. 718). Except as provided in subsections (b), (c), (d), and (e) of this section, a share or portion of a share payable to a living adult shall be paid directly to such adult; (b) a share payable to a deceased enrollee shall be paid to his heirs or legatees upon the filing of proof of death and inheritance satisfactory to the Secretary of the Interior, whose firdings and determinations upon such proof shali be final anrd conclusive: !i ovidcd, Thalt amounts payable to deceased heirs amounting to $5 or less shall not be paid, and such amounts shall remain in the United States Treasury to the credit of the Kilamath Tribe; (c) a share payable to an adult under legal disability shall be paid to his legal representative; (d) a share payable to a person previously found to be in need of assistance under the provisions of section 15 of the Act of August 13,1954, may 1 , 'f- ---- 2 DISPOSITION OF KLAMATH AND MODOC JUDGMENT FUNDS DISPOSITION OF KLAMATH AND MODOC JUDGMENT FUNDS 3 be paid directly to the Individual or, if the Secretary deems it in the best Interest [E.R. 4964, 89th Cong., 1st sess.] of the individual, it may be added to the trust now in force on behalf of said A BILL To provide for the disposition of judgment funds of the Kilamath and Modoe Individual, with concurrence of the trustee; and (e) a share or portion of a Tribes and Yahooskin Band of Snake Indians, and for other purposes share payable to a person under age of majority as determined by the laws of the State of residence shall be paid to a parent, legal guardian, or trustee of Be it enacted by the Senate and House of Representatives of the United States such minor.
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