the property of the individual owner of the land at the expiration of the 50 years unless otherwise provided by act of Congress. The bill further authorizes the State of Oklahoma, from and after the passage of this act, to levy and collect a gross production tax of not to exceed 3 per cent on all oil and gas belonging to oil and gas lessees in Osage County, one-third of such tax to be paid to Osage County and distributed as now provided by the laws of Oklahoma. Said bill further authorizes and directs the Secretary of the Interior to pay to Osage County a sum equal to 3 per cent of the amount received by each member of the Osage Tribe as royalties from oil and gas, which sum shall be used by the county for the construction and maintenance of roads and bridges therein, the county officers to make an annual report to the Secretary showing that the money has been used for such purpose.

By the act of February 14, 1916, the Legislature of the State of Oklahoma provided that persons, firms, and associations engaged in the mining of petroleum and other minerals shall pay a tax equal to 3 per cent of the gross value of the petroleum or natural gas less the royalty interest and that the owner of any royalty interest shall also pay such tax. It provides that the tax shall be divided two-thirds for the current expenses of the State government, one-sixth to the common schools of the county from whence the minerals are produced, and one-sixth for the construction of permanent roads and bridges in said county. This tax as held by the Supreme Court of the United States in the cases of the Indian Territory Illuminating Oil Co. v. Oklahoma (240 U. S., 522) and E. B. Howard v. Barnsdall Oil Co. (247 U. S., 503) does not apply to the production in Osage County either as to the share of the Indians or the lessee.

It is believed that the legislation proposed by S. 4039 is for the best interests not only of the Osage Indians and the lessees but also for Osage County, the State of Oklahoma, and the public generally. The Indians will obtain the value of the minerals to which they are entitled. The lessees will be enabled to develop their leases systematically and thoroughly and obtain the maximum return for the capital invested. The State will benefit by the large amount of taxes which it does not receive at present. Osage County will benefit by having developed a good permanent system of public roads and bridges and receive a large amount of money for its public schools. The construction of good roads throughout the county will, of course, enhance the value of the land, both that belonging to the allottees and the white purchasers, and will render more accessible the lands leased for oil and gas mining purposes.

I inclose a copy of Statement and Argument by the Osage Tribal Council on Behalf of the Osage Tribe of Indians in Support of Legislation to Extend the Osage Mineral Trust, recently filed with the House Committee on Indian Affairs. The statistics in said brief were compiled from departmental records. A few corrections have been made therein, as indicated in red ink.

Should the present production be continued at present prices, such production will be worth at least $50,000,000 annually, of which the Indians' share will be more than $8,000,000. Three per cent of the Indians' royalty interest would give to Osage County $240,000 annually for permanent road development. Moreover, the tax on the $42,000,000 belonging to the lessees would bring in about $1,260,000, of which one-sixth, or $210,000, would go to said county for road construction, making a total of $450,000 annually for this purpose. The public schools of said county would also get $210,000 and the State $840,000 for its current expenses. I recommend that the bill be given favorable consideration.

SENATE.

66TH CONGRESS, 3d Session.

{

REPORT No. 705.

EXTENSION OF NONALIENATION PERIOD OF CERTAIN QUAPAW INDIAN LANDS.

JANUARY 18 (calendar day, JANUARY 20), 1921.-Ordered to be printed.

Mr. OWEN, from the Committee on Indian Affairs, submitted the

following

REPORT.

[To accompany S. 4879.]

The Committee on Indian Affairs, to whom was referred the bill (S. 4879) to amend section 1 of the act of Congress approved March 2, 1895 (28 Stat. L., p. 907), and to extend restrictions against alienation of lands allotted to and inherited by certain Quapaw Indians, and for other purposes, having considered the same, report favorably thereon with the recommendation that the bill do pass,

with amendments.

On page 1, strike out words following "Interior" down to and including "session" in line 1, page 2, and insert in lieu thereof the words "to wit" and the names of the noncompetent Quapaw allottees, as follows: "John Beaver, Mah-hunk-a-zhe-ka (now Beaver), Anna Beaver (now Bear), Arthur Buffalo, Lizzie Cedar, Peter Clabber, Minnie Greenback (now Clabber), Harry Crawfish, Thomas Crawfish, Mary Crawfish (now Skye), Francis Quapaw Goodeagle, Wat-tah-nahzhe Goodeagle, Khah-Daah or Grandeagle (now Quapaw), Antoine Greenback, Joseph Greenback, Ho-gom-me or Goodeagle, Mis-kahget-tah, Amos Newhouse, John Quapaw, Nellie J. Ball (now Quapaw), Ta-mee-heh or Quapaw, Benjamin Quapaw, Solomon Quapaw, Frances Quapaw (now Gokey), Julia Stafford (now Shapp), Hah-dahska-tun-ka or Track, Mes-kah-tun-ka or Track (now Slagle), Flora Young Greenback (now Whitebird), James Xavier, Anna Xavier (now Collins), Wah-she-mah-tah-het Track (now Martha Track Quapaw), Henry Buffalo, Clara May Buffalo, Hazel L. Buffalo (now McDunner), Nora Buffalo (now Brock), William Buffalo, James Amos Valliere, Georgia Alice Valliere (now Hampton), Iva Amelia Valliere, Jesse Daylight, Clayton C. Daylight, Emma Louise Blansett, Alphonso Greenback, junior; Lulu May Greenback, Mary Mollie Greenback, Amy Greenback, Woodrow Wilson Greenback, John Greenback, Alphonso Greenback, senior; Beatrice C. Peters (now

Shapp), Juanita Alma Dawes, Agnes Track, Dennis Wilson, Erwin Wilson, Martin Wilson, Mary Wilson, Louise Wilson, Robert A. Whitebird, Helene Irene Whitebird, Thomas Xavier, Elnora Quapaw, and Lucy Lottson Beaver."

This bill is intended to protect the individual Quapaws, who are not held as competent, from the sale of their allotments for a further period of 25 years from September, 1921, by extending the period within which these allottees may alienate their lands for 25 years from

1921.

Under the act of March 2, 1895 (28 Stat., 876), patents were issued Quapaws and 234 allotment patents issued September 26, 1896, and 236 patents were issued October 19, 1896, inalienable for 25 years. Of these patentees some are not yet competent, and this bill proposes to protect them. The Secretary of the Interior recommends the legislation in the following letter:

DEPARTMENT OF THE INTERIOR,
Washington, January 15, 1921.

MY DEAR MR. SNYDER: Your attention is invited to the matter of the restrictions against alienation of Quapaw Indian allotments in Oklahoma.

In the act of March 3, 1895 (22 Stats. L., 876-907), it was provided that the allotments of land to the Quapaw indians should be inalienable for a period of 25 years from and after the date of the patents. It appears that covered by said act there were 234 allotments made to which the patents were issued on September 26, 1896, and 236 allotments made to which the patents were issued on October 19, 1896, said patents being those described as restricted fee patents. The period of restriction against alienation of said allotted land will, therefore, expire in September and October, 1921.

By section 1 of the act of Congress approved March 3, 1909 (35 Stats. L., 751), the Secretary of the Interior was authorized upon application of adult me ubers of any of the tribes of Indians belonging to the Quapaw Indian Agency in Oklahoma to remove the restrictions on any part of or on all the land allotted to such applicants, and to permit a sale under such terms and conditions as he might deem for the best interests of the applicants excepting as to a tract in each case of not less than 40 acres designated as a homestead.

The leasing of restricted Indian lands in the Quapaw Agency, Okla., for lead and zinc mining operations and purposes is governed by the provisions of the acts of Congress approved June 7, 1897 (30 Stat. L., 62-72), and March 3, 1909 (35 Stat. L., 781783). A number of the Quapaw Indians are not sufficiently advanced to be deemed capable of properly managing and conserving their restricted property, which property in many cases is of great value.

In connection with the above-mentioned matter, there are transmitted herewith a copy of the report of January 8, 1921, of the competency commission, relative to the Quapaw Indian allottees and heirs of Quapaw allottees, and copies of the accompanying lists of Quapaw Indian allottees and heirs of allottees, from which report and lists it appears that 62 Quapaw allottees and heirs of Quapaw allottees have been found incompetent to care for their property and business affairs and properly protect their own interests.

Said Quapaw allottees and heirs of Quapaw allottees who have not been found competent are as follows: John Beaver, Mah-hunk-a-zhe-ka (now Beaver), Anna Beaver (now Bear), Arthur Buffalo, Lizzie Cedar, Peter Clabber, Minnie Greenback (now Clabber), Harry Crawfish, Thomas Crawfish, Mary Crawfish (now Skye), Francis Quapaw Goodeagle, Wat-tah-nah-zhe Goodeagle, Khah-Daah or Grandeagle (now Quapaw), Antoine Greenback, Joseph Greenback, Hogom-me or Goodeagle, Miskah-get-tah, Amos Newhouse, John Quapaw, Nellie J. Ball (now Quapaw), Ta-mee-heh or Quapaw, Benjamin Quapaw. Solomon Quapaw, Frances Quapaw (now Gokey), Julia Stafford (now Shapp), Hah-dah-ska-tun-ka or Track, Mes-kah-tun-ka or Track (now Slagle), Flora Young Greenback (now Whitebird), James Xavier, Anna Xavier (now Collins), Wah-she-mah-tah-het Track (now Martha Track Quapaw), Henry Buffalo, Clara May Buffalo, Hazel L. Buffalo (now McDunner), Nora Buffalo (now Brock), William Buffalo, James Amos Valliere, Georgia Alice Valliere (now Hampton), Iva Amelia Valliere, Jesse Daylight, Clayton C. Daylight, Emma Louise Blansett, Alphonso Greenback, jr., Lulu May Greenback, Mary Mollie Greenback, Amy Greenback, Woodrow Wilson Greenback, John Greenback, Alphonso Greenback, sr., Beatrice C. Peters (now Shapp), Juanita Alma Dawes, Agnes Track, Dennis Wilson,

Erwin Wilson, Martin Wilson, Mary Wilson, Louise Wilson. Robert A. Whitebird Helene Irene Whitebird, Thomas Xavier, Elnora Quapaw. and Lucy I ottson Beaver. In view of the inclosed report of the competency commission, I am of the opinion that legislation should be enacted extending for the period of 25 years the restrictions against alienation of Quapaw Indian lands allotted to or inherited by any of said incompetent Indians above named.

In connection with such legislation, provision should also be made for the leasing of said restricted lands for such period of time and under such regulations, terms, and conditions as may be prescribed by the Secretary of the Interior. Under the circumstances it should also be provided that production of minerals on said restricted lands may be taxed by the State of Oklahoma in all respects the same as that produced on unrestricted lands. In connection therewith the Secretary of the Interior should be authorized to cause to be paid out of individual Indian funds held under his supervision belonging to the Indian owner of the land, the tax so assessed against the royalty interests of the respective Indian land owner in such production. Further provision should be made, however, in relation to such tax that it should not become a lien or charge of any kind or character against the land or other property of the Indian owner. I am submitting herewith the draft of a bill having the above-mentioned purposes in view. Believing that legislation as suggested in the draft of bill submitted is necessary for the protection of the best interests of the Indians named above, I recommend and urge the early enactment of such legislation.

Cordially yours,

Hon. HOMER P. SNYDER,

Chairman Committee on Indian Affairs,

JOHN BARTON PAYNE, Secretary.

House of Representatives.

O