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LANDS

IN

TO RESERVE CERTAIN PUBLIC-DOMAIN
NEVADA AND OREGON AS A GRAZING RESERVE FOR
INDIANS OF FORT MCDERMITT, NEV.

MARCH 4 (calendar day, MARCH 12), 1935.-Ordered to be printed

Mr. THOMAS of Oklahoma, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany S. 1142]

The Committee on Indian Affairs, to whom was referred the bill (S. 1142) to reserve certain public-domain lands in Nevada and Oregon as a grazing reserve for Indians of Fort McDermitt, Nev., having considered the same, report thereon with a recommendation that it do pass without amendment.

This bill was introduced at the request of the Secretary of the Interior, as set forth in his letter of January 16, 1935, a copy of which is appended hereto and made a part of this report as follows: THE SECRETARY OF THE INTERIOR, Washington, January 16, 1935.

The CHAIRMAN COMMITTEE ON INDIAN AFFAIRS,

United States Senate.

MY DEAR MR. CHAIRMAN: Transmitted herewith is the draft of a proposed bill to authorize the withdrawal of public-domain lands in Nevada and Oregon as a grazing reserve for the Indians in the vicinity of Fort McDermitt, Nev.

These Indians are of the Paiute and Shoshone tribes. In 1892 individual public-domain allotments were made in Nevada to 80 of them, embracing a total area of approximately 14,000 acres. Owing to the worthless character of the land from an agricultural standpoint the allotments were canceled and replaced with 5-acre irrigable allotments in the same vicinity, embracing a total of only 445 acres. Under this arrangement the area of these Indians' land holdings was diminished about 13,500 acres.

Their present interests and efforts to become self-supporting are mainly centered in cattle raising. The small area included in their allotments is grossly inadequate to meet their needs. Nearby public domain and forest lands in that vicinity are being utilized for range purposes. It is necessary for them to be assured of land for grazing in order properly to care for their increasing herds, the result of their efforts toward self-support. So long as the public domain lands remained subject to disposition under the public-land laws there was grave danger of these Indians being deprived of their range. For this reason on July 7, 1933,

this Department withdrew temporarily from entry, and other disposition, about 3,000 acres of this class of land in Nevada, and approximately 18,500 acres of the same class of land in Oregon until the question of their permanent reservation as a grazing reserve for these Indians could be laid before Congress for consideration, the act of March 3, 1927 (44 Stat. 1347), having prohibited the permanent withdrawal of land for Indian reservation purposes, except by act of Congress. These lands are identified as follows:

NEVADA

Lots 3, 4, and W1⁄2 lot 5 of sec. 1, lots 1 to 9, inclusive, W1⁄2 lot 10 and S1⁄2SW sec. 2, lots 1 to 10, inclusive, and S1⁄2 sec. 3, lots 1 to 10, inclusive, and SE1⁄4 sec. 4, lots 1 to 4, inclusive, and lots 8, 10, 11, and 12 of sec. 5, N1⁄2NE sec. 9, N1⁄2NW and NWNE1⁄4 sec. 10, T. 47 N., R. 39 E., of the Mount Diablo meridian, Nevada, containing 2,981.32 acres.

OREGON

SE4 sec. 20, W2SE and SESE1⁄4 sec. 21, S1⁄2 sec. 22, NW, SE1⁄4, and S1⁄2SW4 sec. 26, W1⁄2, SE, W1⁄2NE, and NE1⁄4NE1⁄4 sec. 27, all of sec. 28, E1⁄2, and SW4 sec. 29, all of secs. 31, 32, 33, 34, 35, and SW4 sec. 36, of T. 40 S., R. 44 E., and all of secs. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, W2, NE, NSE, and SESE sec. 12, W1⁄2 sec. 13, all of secs. 14, 15, 16, 17, 18, and fractional secs. 19, 20, 21, 22, 23, and W1⁄2 of fractional sec. 24 of T. 41 S., R. 44 E., of the Willamette meridian in Oregon, containing 18,520 acres.

Considering the fact that in 1892 these Indians gave up for restoration to the public domain about 13,500 acres that had been allotted to them, it is apparent that this proposed withdrawal will actually involve only about 8,000 acres in excess of their former holdings on the public domain. The area in Oregon, described above, embraces some State school land, which has been included advisedly, as it is probable that the State will exchange such lands for others outside of the area wanted for the Indians upon enactment of this proposed legislation.

In view of the foregoing, I recommend that the enclosed draft of proposed bill be given favorable consideration.

Sincerely yours,

HAROLD L. ICKES, Secretary of the Interior.

A BILL to reserve certain public-domain lands in Nevada and Oregon as a grazing reserve for Indians of Fort McDermitt, Nevada

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That public-domain lands in the States of Nevada and Oregon described as Lots 3, 4, and west half Lot 5 of section 1, Lots 1 to 9, inclusive, west half Lot 10 and north half southwest quarter section 2, Lots 1 to 10, inclusive, and south half section 3, Lots 1 to 10, inclusive, and southeast quarter section 4, Lots 1 to 4, inclusive, and Lots 8, 10, 11, and 12 of section 5, north half northeast quarter section 9, north half northwest quarter and northwest quarter northeast quarter section 10, township 47, north, range 39 east, of the Mount Diablo meridian, Nevada; and southeast quarter section 20, west half southeast quarter and southeast quarter southeast quarter section 21, south half section 22, northwest quarter, southeast quarter and south half southwest quarter section 26, west half, southeast quarter, west half northeast quarter and northeast quarter and northeast quarter northeast quarter section 27, all of section 28, east half and southwest quarter section 29, all of sections 31, 32, 33, 34, 35 and southwest quarter section 36, of township 40 south, range 44 east, and all of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, west half, northeast quarter, north half southeast quarter and southwest quarter southeast quarter section 12, west half section 13, all of sections 14, 15, 16, 17, 18 and fractional sections 19, 20, 21, 22, 23 and west half of fractional section 24 of township 41 south, range 44 east, of the Willamette meridian, in Oregon, containing approximately 21,500 acres, be, and the same are hereby, withdrawn from the public domain and reserved for the use and occupancy of Indians of the former Fort McDermitt Military Reserve, Nevada: Provided, That the rights and claims of bona fide settlers initiated under the public-land laws prior to July 7, 1933, shall not be affected by this Act.

74TH CONGRESS 1st Session

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SENATE

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REPORT No. 317

CREATION OF INDIAN VILLAGE WITHIN SHOALWATER INDIAN RESERVATION, WASH.

MARCH 4 (calendar day, MArch 12), 1935.—Ordered to be printed

Mr. THOMAS of Oklahoma, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany S. 1814]

The Committee on Indian Affairs, to whom was referred the bill (S. 1814) to authorize the creation of an Indian village within the Shoalwater Indian Reservation, State of Washington, having considered the same, report thereon with a recommendation that it do pass without amendment.

This bill was introduced at the request of the Secretary of the Interior, as set forth in his letter of February 1935, a copy of which is appended hereto and made a part of this report, as follows:

OFFICE OF THE SECRETARY OF THE INTERIOR,
Washington, D. C., February 6, 1935.

The CHAIRMAN COMMITTEE ON INDIAN AFFAIRS,

United States Senate.

MY DEAR MR. CHAIRMAN: There is transmitted herewith the draft of a proposed bill authorizing the creation of an Indian village on the Shoalwater (Georgetown) Indian Reservation, Wash.

The Shoalwater Reservation was created by Executive order of September 22, 1866, for the use of 30 or 40 families of Indians residing in the vicinity of Shoalwater Bay. In 1927 only three families remained on the reservation, and all members of these families had been allotted on the Quinaielt Reservation with the exception of four children. Under date of April 6, 1927, the President granted authority for allotting the Shoalwater Reservation to these children, in accordance with the act of February 8, 1887 (24 Stat. L. 388), as amended. The allotments were not made immediately, and all persons who would have been entitled to allotments there have now taken allotments on the Quinaielt Reservation. Authority for making the allotments was therefore revoked by the President on December 12, 1932.

A number of Indians from neighboring reservations, principally Quinaielt, go to the Shoalwater Reservation for fishing purposes. On October 16, 1934, the Superintendent of the Taholah Agency reported that nine families had permanently located there and that some of the Indians had sufficient money on deposit at the agency to erect homes, provided they were furnished building lots. The Indians have requested that the reservation be not allotted but that a

townsite or Indian village be created and that they be given lots upon which to establish homes. It is believed the reservation will be of more use to the Indians as a village site than in any other way.

The bill provides for the assignment of the lots in the proposed village by the Superintendent or other officer in charge, under the direction of the Commissioner of Indian Affairs. Under the policy of this Department the authority for making the assignments would ordinarily be delegated to a tribal organization. This is not practicable at Shoalwater for the reason that there is no unified body of Indians who will use the lots, but members of various tribes located on different reservations go there during the fishing season.

The assignments will be for use and occupancy only. This will prevent any commercial dealings in the lots among the Indians and will tend to make it more certain that there will always be lots available for those Indians who wish actually to use and occupy them. An Indian will be able to retain a lot under an assignment so long as he continues to occupy it and, therefore, will have sufficient assurance of permanence to justify his making substantial improvements if he desires to make his home there.

The timber on the reservation was sold under contract, and the proceeds in the amount of $15,150 are held by the Superintendent in "special deposits." There are no Indians as individuals or as a tribe who are entitled to share therein. However, in order to preclude the necessity of requesting an appropriation of public funds, the proposed bill has been worded so as to authorize the use of this timber money for surveying and laying out the village and also for helping the Indians to establish homes and construct the necessary water and sewer systems. For the reasons given, and as this reservation is small, consisting of about 335 acres, I recommend that the enclosed draft of proposed legislation be given favorable consideration.

The Acting Director of the Bureau of the Budget has advised that the expenditure contemplated by the proposed legislation would not be in conflict with the financial program of the President.

Sincerely yours,

HAROLD L. ICKES,

Secretary of the Interior.

O

74TH CONGRESS 1st Session

SENATE

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REPORT No. 318

ELIMINATION OF MILLER DIVISION FROM CIBOLA NATIONAL FOREST AND ADDED TO ZUNI RESERVATION

MARCH 4 (calendar day, MARCH 12), 1935.-Ordered to be printed

Mr. HATCH, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany S. 1831]

The Committee on Indian Affairs, to whom was referred the bill (S. 1831) to provide for the transfer of national forest lands to the Zuni Indian Reservation, N. Mex., exchanges, and consolidation of holdings, having considered the same, report thereon with a recommendation that it do pass without amendment.

This bill was introduced at the request of the Secretary of the Interior, as set forth in his letter of February 6, 1935, a copy of which is appended hereto and made a part of this report as follows: THE SECRETARY OF THE INTERIOR, Washington, February 6, 1935.

Hon. ELMER THOMAS,

Chairman Committee on Indian Affairs,

United States Senate.

MY DEAR MR. CHAIRMAN: Submitted herewith is a draft of a bill to transfer certain national forest lands to the Zuni Indian Reservation, N. Mex.

The lands in question consist of approximately 13 sections in townships 8 and 9 north, ranges 16 and 17 west, of the New Mexico principal meridian, New Mexico, and comprise what is known as the "Miller Division" of the Cibola National Forest. There are some privately owned tracts interspersed among the forest lands. The area is entirely surrounded by the Zuni Reservation, excepting two sections on the southeastern corner. Steps are being taken under our Indian submarginal land program to acquire additional lands for the Zuni Indians, including the privately owned tracts interspersed among the said forest lands.

The forest lands mentioned are remotely situated from other lands of the Cibola National Forest. They undoubtedly should have been included in the Indian reservation when the reservation boundaries were extended in 1917. These lands contain only a thin growth of timber. They are chiefly valuable for grazing. Part of them have been leased by the Zuñi Indians, whose present grazing needs urgently require additional areas in connection with their stock-raising activities. The Department of Agriculture is agreeable to transfer of the forest lands to the Indian reservation, provided the interests of lessees of the Forest Service are fully protected, which we propose to do.

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