REGULATING THE COLLECTION AND DISBURSEMENT OF MONEYS OF SENECA INDIANS OF NEW YORK

AUGUST 9, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. MORRIS, from the Committee on Public Lands, submitted the following

REPORT

To accompany H. R. 49421

The Committee on Public Lands, to whom was referred the bill (H. R. 4942) to regulate the collection and disbursement of moneys realized from leases made by the Seneca Nation of Indians of New York, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill do

pass.

The amendments are as follows:

Page 2, line 11, delete the words "United States" and substitute in lieu thereof the following: "Seneca Nation".

Page 2, line 13, delete the words "Commissioner of Indian Affairs" and substitute the following: "comptroller of the State of New York". Page 2, line 15, delete the words "Commissioner of Indian Affairs" and substitute the following: "comptroller"

Page 3, lines 4 and 5, delete the words "for periods not to exceed ten years" and substitute the following: "for such purposes and such periods as may be permitted by the laws of the State of New York". Page 3, between lines 5 and 6. add the following:

SEC. 5. The Secretary of the Interior is authorized, in his discretion, to transfer to the State of New York or any agency thereof, or to the proper officials of the several tribes anv of the official records affecting the Indians of New York State. Page 3. line 6, delete the figure "5" and substitute in lieu thereof the figure "6".

EXPLANATION OF THE BILL

The over-all purpose of H. R. 4942 is to permit the Seneca Nation to take over the functions now being carried on by the United States and to make it possible for the United States to withdraw from certain operations which it is now carrying on. The Indian Bureau has been

maintaining an agency primarily for the collection and distribution of cash funds. This legislation would make the closing of the agency possible at an early date. The agency cannot be closed until these responsibilities can be taken over by the Seneca Nation, State of New York, and the city of Salamanca. The ground on which the city of Salamanca (a town of about 10,000) is built is on the property belonging to the Seneca Nation and leaseholders have been paying rent to said nation.

Under the Ryan Act funds that accrue to the New York Indians of the Seneca Nation must be paid into the Treasury of the United States. The purpose of this bill in effect is to make it possible for these funds to be paid direct to the treasurer of the Seneca Nation. The bill also permits the city of Salamanca to make lump-sum payments direct to the Seneca Nation treasurer. By an act of the Legislature of the State of New York the city is authorized to carry out the above provisions by adding ground rents accruing to the Seneca Nation to its own tax bills as rendered to the individual taxpayers.

The bill further provides an increase of $2,500 in the amount set aside for disposal by the council of the Seneca Nation. All funds remaining after the deduction of this $5,000 for the council shall be distributed to the enrolled members of the nation. The treasurer of the Seneca Nation is required to give bond to the Seneca Nation conditioned upon his faithful performance of the duties herein imposed and in such sum as may be approved by the comptroller of the State of New York and he shall make a report to the said comptroller annually on the first Monday of July.

Section 4 grants authority to the Seneca Nation of Indians to lease lands outside the limits of certain villages for which they have existing authority to make leases, for such purposes and such periods as may be permitted by the laws of the State of New York.

Pertinent comments from the favorable report of the Department of the Interior dated August 8, 1949, by Mr. Oscar L. Chapman, Under Secretary of the Interior, are as follows:

This will refer to your request for a report on H. R. 4942, a bill to regulate the collection and disbursement of moneys realized from leases made by the Seneca Nation of Indians of New York, and for other purposes.

I urge that this bill be given speedy and favorable consideration.

The bill will permit the Seneca Nation of Indians to assume the responsibility for the collection and disbursement of tribal income accruing from leases of reservation land, and its enactment will relieve the United States of this responsibility.

Beginning about 1850 non-Indian settlers leased reservation lands from the Seneca Indians without approval by the United States. These leases were purportedly ratified by the State of New York, but such ratification was invalidated by the New York Supreme Court (unreported decision set out in H. Misc. Doc. No. 75, 43d Cong., 2d sess., 1875). The act of February 19, 1875 (18 Stat. 330), ratified the existing leases for a period of not to exceed 5 years and authorized renewal of the leases for a period of 12 years. The act of September 30, 1890 (26 Stat. 558), authorized renewal of the leases for terms of not exceeding 99 years. All leases of reservation lands made under authority of these acts of Congress will expire on February 19, 1991.

The council of the Seneca Nation now has authority to make leases of reserva tion lands within the villages established by the act of February 19, 1875, supra. The bill will increase the authority of the said council to make leases of reservation land outside of the said villages for periods of not longer than 10 years.

Section 6 of the act of February 19, 1875, supra, provided that the moneys arising from the rentals of the leases authorized should be paid to and be recoverable by the Treasurer of the Seneca Nation and expended "in the same manner and for the same purposes as are other revenues or moneys belonging to said

Seneca Nation." The act of February 28, 1901 (31 Stat. 819), provides that the moneys arising from leases of lands within the reservations of the Seneca Nation shall be paid to and be recovered by the United States Indian agent for the New York Indian Agency. The act further provides for the distribution of the said moneys among the members of the Seneca Nation, after certain deductions.

There are some 3,000 99-year leases of reservation lands within the villages established under the act of February 19, 1875, supra, bearing an annual rental of $13,000. In addition, there are several mining leases of reservation lands outside the villages mentioned from which accrues an annual rental varying from $3,000 to $5,000. The collection and disbursement of this money is now the responsibility of the United States, but under the bill that responsibility would be transferred to the Seneca Nation of Indians.

The great majority of the 99-year leases, having a combined rental of nearly $12,000 is located within the city of Salamanca, N. Y. The city is willing under existing State law to pay to the Seneca Nation the total amount of rental on all the leases within the limits of the city and to assume the task of obtaining reimbursement by collecting from the individual lessees in the city. This will mean that the Seneca Nation will be able to collect the rental from the 99-year leases in the city of Salamanca in a lump sum, leaving less than 200 leases of all other types outside of the city on reservation lands with a total annual rental of from $3,000 to $5,000 on which separate collections will need to be made common council of the city of Salamanca, N. Y., and the council of the Seneca Nation of Indians. acting through its lease committee, have adopted resolutions agreeing to this procedure.

The

The bill contains authority whereby the sum available for the tribal council's expenses and management of the tribal business may be increased from $2,500 to $5,000 annually. The council of the Seneca Nation at its annual meeting in 1946 and again in 1948 adopted resolutions requesting the increase. The bill will require the treasurer of the Seneca Nation to distribute the moneys collected by him annually to the enrolled members of the Seneca Nation and to make a report on his collections and disbursements It will also require the said treasurer to be bonded to the United States to insure performance of his duties.

In my opinion, the Seneca Nation, through its council, which is elected biennially in accordance with the tribal constitution, is competent to manage its own affairs and to assume the responsibility which will be placed on it by this bill. Enactment of the bill will further the policy of placing the management of tribal affairs in the hands of the tribe and of withdrawing Federal supervision of Indian affairs where possible.

I suggest three amendments to the bill. Section 4 of the bill does not specify the purposes for which leases may be made and limits the period of any lease to not exceeding 10 years. This period may be too short, particularly as to mineral or other leases requiring extensive development. I believe that section 4 should be amended by striking from lines 4 and 5, page 3, the words "for periods not to exceed 10 years" and inserting in lieu thereof the words "for such purposes and for such periods as may be permissible under the laws of the State of New York.' I also suggest that another section be added to the bill, as follows: "The Commissioner of Indian Affairs is authorized to transfer to the State of New York or any legal subdivision thereof any records now in his possession." This will permit the transfer to the city of Salamanca or the State of New York such records as may be necessary in connection with any withdrawal of Federal supervision over Indian affairs in that State. I also suggest the following changes in section 3 of the bill: In line 11, page 2, delete the words "United States" and insert in lieu thereof the words "Seneca Nation". In lines 13 and 15 on page 2, delete the words "Commissioner of Indian Affairs" and insert in lieu thereof the words "comptroller of the State of New York".

No expenditure of Federal funds is required by this legislation. The Committee on Public Lands unanimously recommend that this bill be enacted.

TRANSFER OF LAND, NEW MEXICO

AUGUST 9, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. MILES, from the Committee on Public Lands, submitted the

following

REPORT

[To accompany H. R. 5670]

The Committee on Public Lands, to whom was referred the bill (H. R. 5670) authorizing transfer of land to the county of Bernalillo, State of New Mexico, for a hospital site, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

EXPLANATION OF THE BILL

The purpose of this bill is to authorize the conveyance to the county of Bernalillo, State of New Mexico, certain land located in the city of Albuquerque, for hospital purposes. Title to the land is now held by the United States and consists of one city block. The Albuquerque Indian Tuberculosis Sanatorium is located on the eastern half of the block, and testimony given before the committee by a representative of the Bureau of Indian Affairs indicates that the balance of the block will not be needed for future construction by that Bureau, and that the proposed county hospital, the Indian sanatorium, together with the university, which is located just a few blocks away, will ultimately constitute a much needed medical center.

The State legislature at its last session enacted legislation which will make it possible for the county to cooperate with the Indian Service in making such a hospital available to both Indians and non-Indians on a nondiscriminatory basis.

Additional hospital facilities are desperately needed in this locality and have been financed by a $1,000,000 country-wide bond issue. The proposed site seems to be the most logical and best location for the new hospital.

This proposed legislation has the approval of the State officials, county officials, the local civic groups, as well as the Department of the Interior.