Mr. SCHALL, from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 2532] The Committee on Indian Affairs, to whom was referred the bill (S. 2532) to amend an act entitled "An act setting aside Rice Lake and contiguous lands in Minnesota for the exclusive use and benefit of the Chippewa Indians of Minnesota", approved June 23, 1926, and for other purposes, having considered the same, report thereon with a recommendation that it do pass without amendment. By the act of June 23, 1926, there was created on the White Earth Reservation a reserve to be known as "Wild Rice Lake Reserve" in Clearwater County, Minn., embracing Wild Rice Lake and substantially the identical lands described in the first section of the bill. The act permanently withdrew and made a part of the reserve thereby created all unallotted and undisposed of land within the exterior boundaries therein described. It further authorized the Secretary of the Interior to acquire by purchase any lands within said area owned by the State of Minnesota or in private ownership at a price not exceeding $5 per acre, and to acquire by condemnation any privately owned lands within the area described which could not be purchased at the maximum price therein named. The act conferred no power upon the Secretary to acquire any of the State-owned lands by condemnation. The legal title to a considerable part of the lands necessary for the establishment of the reserve is in the State of Minnesota, having been acquired by the State under the swamp land grant of March 12, 1860 (12 Stat. 3). The State authorities desire to secure control of the lake and surrounding lands for a hunting preserve, and have refused to sell to the Secretary any of the State-owned lands. These lands can only be acquired by condemnation, and the primary purpose of the first two sections of the bill is to clothe the Secretary with authority to acquire title to the State-owned lands which are essential to the creation of the reserve, and the preservation of the wild-rice beds for the Indians. Wild Rice Lake is one of many rice-bearing lakes in Minnesota that have, from time immemorial, been a great source of food supply and income to the Indians. About 1,500 Indians harvest rice there annually. The Department reports that the annual rice crop, depending upon the season, is worth to the Indians from $50,000 to $100,000. It is important, therefore, that this lake with its wildrice beds should be permanently preserved for the exclusive primary use and benefit of the Indians. Section 3 of the bill authorizes the Secretary to establish not to exceed three additional wild-rice reserves in the State of Minnesota which shall include wild-rice-bearing lakes situated convenient to Chippewa Indian settlements, including all lands necessary to their proper establishment and maintenance, and is given authority to acquire the necessary lands on the same terms he is authorized to acquire the lands within the Wild Rice Lake Indian Reserve on the White Earth Reservation. The reserves, when established, are to be maintained and operated under the supervision and control of the Secretary, in conformity with such rules and regulations as he may prescribe, for the primary purpose of conserving the wild-rice beds for the exclusive use and benefit of the Indians. The Secretary, however, is authorized to enter into an agreement with the State for the administration of the reserves upon a cooperative basis, and the Department says in its reports: If our plans for cooperation are carried out, all matters pertaining to conservation of the rice beds and rice crops, fishing, hunting, and the establishment and maintenance of Indian camp sites are to be under the supervision of the State conservation commission, subject to their paramount use for Indian benefit. Such camps, however, would be established for the exclusive use and benefit of the Indians. All expenses in connection with the establishment of the reserves are to be paid out of the funds of the Chippewa Indians. The legislation is proposed by the Secretary of the Interior at the request of the Indians, is distinctly in the interest of the Indians, is recommended by the Department, and the Bureau of the Budget advises that the legislation would not be in conflict with the financial program of the President, as will more particularly appear from the letter of the Secretary of the Interior dated March 21, 1935, copy of which is hereto attached and made a part of this report as follows: Hon. ELMER THOMAS, DEPARTMENT OF THE INTERIOR, Chairman Committee on Indian Affairs, United States Senate. MY DEAR MR. CHAIRMAN: Transmitted herewith is the draft of a proposed bill to amend the act of June 23, 1926 (44 Stat. 763), setting aside Rice Lake and lands contiguous thereto, on the White Earth Reservation, Minn., for the exclusive use and benefit of the Chippewa Indians of that State. The amendments proposed would authorize this Department to accept donations of land; enter into agreement with the State of Minnesota for the administration of the reserves; acquire by condemnation, regardless of present ownership, those lands that cannot otherwise be acquired; establish not more than three additional wild-rice reserves and eliminate the maximum per acre purchase price that may be paid. Wild Rice Lake, embraced in the act of June 23, 1926, supra, is one of many rice-bearing lakes of Minnesota that have, from time immemorial, been a source of food supply and income for the Indians. About 1,500 Indians harvest rice there annually. The annual rice crop, depending upon the season, is worth to the Indians from $50,000 to $100,000. During the past year Indians sold approximately 50,000 pounds. The price ranged from 14 cents to 20 cents per pound, depending upon the quality. This represents a substantial sum to these Indians, in addition to which the Indians harvest large quantities for their own personal consumption during the winter months. The area of the reserve described in the act of June 23, 1926, supra, exclusive of the lake bed, is approximately 4,500 acres. Part of this land was allotted to individual Indians. Since allotment, with the exception of a very few tracts, it has become unrestricted. Most of it, however, passed to the State of Minnesota, under its swamp land grant of March 12, 1860 (12 Stat. 3). A large part of these lands were sold by the State. Much of it is now subject to delinquent taxes and unpaid purchase installments. At the present time, pursuant to the authority of the 1926 act, condemnation proceedings are pending in the Federal courts against certain privately owned lands within the lake area. Some question exists concerning the scope of the act, which makes it desirable to amend the act so as to remove any question of doubt as to the authority granted by Congress in the establishment of this wild rice reserve for the Indians. The State authorities are also desirous of acquiring the lands within the exterior boundaries of the reserve. They are interested in the establishment of Indian camp sites and controlling duck hunting for public benefit. This Department, however, is of the belief that the interests of the Indians require that the Government procure this area for them. Any reserve established under this act will remain under the control of this Department, but it would appear desirable to enter into an agreement with the State for the administration of the reserves upon a cooperative basis. If our plans for cooperation are carried out, all matters pertaining to conservation of the rice bed and rice crop, fishing, hunting, and the establishment and maintenance of Indian camp sites are to be under the supervision of the State Conservation Commission, subject to their paramount use for Indian benefit. Such camps, however, would be established for the exclusive use and benefit of the Indians. There are several other lakes similar to Wild Rice Lake where, for similar reasons, the lake beds and surrounding lands ought to be acquired for the Indians. The previous legislation should, therefore, be amended also to permit the acquisition of lands at other desirable places. The cost of establishing the reserves, acquisition of the lands, and construction of dams to regulate the water levels of the lakes are to be paid out of tribal funds. This is a matter in which the Indians are vitally interested, and they have always expressed their desire to have tribal funds used for such purpose. I therefore recommend that the act of June 23, 1926 (44 Stat. 763), be amended as proposed in the attached draft. Under date of March 4 the Acting Director of the Bureau of the Budget advised this Department that the proposed legislation would not be in conflict with the financial program of the President. Sincerely yours, T. A. WALTERS, Acting Secretary of the Interior. O |