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H. R. 5372
A bill to authorize the negotiation, approval, and
ratification of separate settlement contracts with
the Sioux Indians of Cheyenne River Reservation in
South Dakota and of Standing Rook Reservation in
South Dakota and North Dakota for Indian lands and
rights acquired by the United States for the Oahe
Dam and Reservoir, Missouri River development, and
for other purposes, introduced by Mr. Case.

House of Representatives,
Committee on Publio Landsa
New House Office Building,
Washington, D. C.,
Wednesday, July 13, 1949.
The committee met at 10t25 o'olook a.m., the Hon. J.
Hardin Peterson, presiding.
The Chairman, The next bill is H. R. 5372, a bill by
Mr. Case of South Dakota, a bill to authorize the negotiation,
approval, and ratification of separate settlement contracts

with the Sioux Indians of Cheyenne River Reservation in South

Dakota and of Standing Rock Reservation in South Dakota and

North Dakota for Indian lands and rights acquired by the United

States for the Oahe Dam and Reservoir, Missouri River develop-

ment, and for other related purposes.

(The bill referred to is as follows)

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The Chairman. The report is rather lengthy and certain

amendments were suggested

(The report was read by the Chairman)

The Chairman. It gives considerable factual data on

several pages. It had the unanimous approval of the Subooaittee

on Indian Affairs.

Mr. D'Ewart, I can brief that if you would lik

The Chairman. We will get rid of amendments here first.

(The bill was read by the Chairman)

The Chairman. Without objection, further reading of the

bill will be dispensed with and the bill will be considered as

reader Is there any objection? The chair hears none. The bill

will be considered as read.

There are certain amwndwents which have been suggested by

the Department and recommended by the Suboomittees Page 4,

line 20, strike out the period, insert in lieu thereof a semi-

colon, and the followings "-- (g) provide for final and complete

settlement of all claims made by indians and tribes described in

Section 1 of this act against the United States arising because

of construction of the Oahe project."

Page 7, line 17, strike out the word "and." Page 7, line

18, strike out the words "to anpensate adequately" and insert

in lieu thereof "for adequate compensation to." Page 7, line

25, strike out oolon and insert slei-4olon and add "for rein-

bursemont to tribes for expenses necessarily incurred in

 negotiation of contract."

Amend title to reads "To authorize the negotiation and

ratification of separate settlement contract with Sioux Indians

Sof Cheyenne Indian Reservation of South Dakota and of Standing

Rook Indian Reservation in South Dakota and North Dakota for

Indian land and rights acquired by the Anited States for the

Oahe Dam and Reservoir, Missouri River development, and for

other elated purposes."

Is there any discussion on the amendments? These are to

take care of suggestions made by the Department an. considered

in the subeoomittee.

Mr. D'Ewart. It is so moved.

The Chairman. If there is no objection, the ootmittee

amendments will be considered in block. Is there any objection?

The chair hears none. The oomittee amendments will be oonsid-

ered in block.

There is a motion by Mr. Pouleon, seconded by Mr. D'wart

that the committee a ants Just read be adopted,

All in favor, let it be known by saying "aye"! opposed "no."

The "ayes" have itj it is so ordered,

If there j no further disoussion, does anyone want to ask

any questions on it?

Mr. Barrett. Were there some other amendments?

Nr. D'Ewart. No air. These were not all the department

amendments, the aone we offered, whioh made it final and complete

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 settlement.

The Chairman. It was unanimous out of the subooamittee.

Mr. D'Xwart. Tht is right.

Mr. Barrett. Page 7, lines 12 to 17, inclusive, I thought

that was restrictive.

The Chairman. Page 7. I see the one you mean.

Mr. Barrett. There is a proviso on page 7, line 12.

The Chairman. Page 7, line 12, shows amendments coming from

the suboomittee.

Mr. *'Ewart. We discussed it, but I don't think we took ao-

tion on it.

The Chairman. Apparently not, because the aumndmrents were

written up in the subeooittee.

Mr. D'Ewart. In the bill it leaves it open to negotiation.

The Chairman. Are there any further questions or discussions?

Mr. . Leake r. D'Ewart, are you through

Mr. D'Rwart, Yes, I was going to answer any questions on this

bill.

Mr. Lemke. Mr. Chairman, I am very familiar with this

bill ax will state that after the project has been accepted and

the development of the Nissouri River Basin requires these

lands, it takes the very heart out of these Indians. And e far
as we have goSe in the settlement with the garrison indians,

nothing has been aeoomplished.

This ageeraent has been made two years ago now and these

b. i ; .I. i 1:~~. '. r..; :1 . ~ .i. II: 2.

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indians are left up in the air. They do not know when they

will be flooded and when they will not be flooded, and I feel

that this legislation is very essential and should be hastened

so if there is the same delay in South Dakota as there has been

in North Dakota, they will pour water over them before they will

get adjustment made for the rehabilitation of the Indians.

Mr. D'Ewart. Mr. Chairman, I would like to make a statement

in connection with this, and I made the same statement before

the committees We feel this is the wrong approach. Here are

Indians being damaged that have certain treaty rights with the

United States, and we do not enter into these negotiations until

after construction has started,

We think the right approach would be to enter into those

negotiations before construction starts and before the project

is finally approved and the first appropriation made. Then you

have a time and opportunity to enter negotiations without the

pressure of being flooded if you do not consent to the agreement

We think a much better approaoh to this problem is the one

that wan followed by this commitsae a short time ago when they

passed a resolution asking the Federal Power Coaission to make

a report to this committee prior to any start of construction.

The Chairman. I think the gentleman from Montana is oor-

reot. We ought to do these things before we go in there. It

is like holding a gun at their heads afterwards.

Mr. Morris. Are you disoeusing the Oase bill?

Lkl ii. 'iL ~iS'r'.l.

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 The Chairman. That's eight .
Pr. Norris I want to add to what the gentleman has

said. I had been absent oyself a few moments.

It seems to me this is certainly necessary andbeneficial

legislation and I am surprised or was surprised to learn that

so few of the real elements of damage were considered by the

Army Engineers in the Fort Garrison matter, and I Just think it

is absolutely necessary that we put these elements of damage

in there that must be considered. And I might say to you, frank-

ly, that I think there is one other element of damage tha they

will suffer that the white man willnot suffer that really ought

to be included in these bills, and that is tho faot that these

that
lands/are taken from the Indians are non-taxable,

An a matter of fact, a man who owns property that is not

taxable certainly it is more valuable to him than property

that i1 taxable. I do not know and I would not insist on this

amendment befo put in here at this time I do not think that

particular element i in here, but is certainly an element that

should be considered In these matters*

Besides that, when you take reservation land, you destroy

not only the actual land that is taken, but you destory the

oomunity life, relibou and oivio life of the people. You

destroy nations, as a matter of fact. Very snall, true, but

they are deprived of many rights that are not tangible, we will

say. I certainly am for this legislation very much.

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The Chairman. Is there any further discussion?

Mr. Crawfords I move the bill be reported.

Mr. Morris. I second the motion.

The Chairman. It is moved and seconded that the bill be

reported favorably as amended and the chair be authorized to

take the necessary parliamentary steps to secure the passage

thereof.

All in favor, let it be known by saying "aye" opposed "no."

The "ayes" have it; it is so ordered.

(Whereupon, at 10:35 o'olook a.m., the committee proceeded

to further business.)

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