June 24, 1955 Statements

House of Representatives,
Subcommittee on Indian Affairs

of the Committee on Interior
and Insular Affairs,
Washington, D' C June 24, 196
STATEMENT OF; P AG E
Honorable Hald jovroo

, A epresegtatiyV
in Congress from the. tatoq -of South Dakota 114
Lewis A. 5gler, Leislative Counsel'lsQf~icef

Department of Interior, and Co IH0 Bita~l,
5uperintendent, Lower brue auf Crogw-iCrek
Reservations , South Dakota , 0 w 143
Joseph 1, Wellington, 8uperintendentS4tand-

ing Rock Sioux Reservation Agency , 164
Honorable Karl Ro Mundt, A United States
Senator from the State of South Pakota 1006
Joseph W, Wegllugtou (R@5ultaW) lovealvisq*1 17g

Lewis Siglers Office of Legislative Coun-
sel, Department 0; Inte Igo
Davidi Back Hoop, Chairman, Standing lock

Tribal Council ,qw,0go6eovgiQvgO 192
anIHoward, Vioe Chai st a w Rook
ribal Council WpRp 194,,,,,,w0@wgeg#0,
104
Mrs. X$1 Ankle, Sta ding Rock Sioux Tible 17
Mrs, Lois Paint, Standing Rook Biou Tribe 911
Honorable Francis Case, 4 United States

Senator from the Stateef South Dakota o, SW
Jin McIoanl tanedug Rookl 5~ou Tribs gT
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Isaac 8ecrta'y, 5tau4Ur~l;ag~ I
HtawIK~s, Siou
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Tiba1 oun1r ,,, , DOP f0OTDP
Louie Thsf, standing Rock Sioux Tribe ov 2391
William-L. Grip, Standin Rook Sioux Tribe 2431
Joseph Wellington (Resumed)

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H. R. 3544, E.R.
3602,H.R. 5608
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--- FRIDAY I JT E 24, 1955 1
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Suboommitee on Indian A affis j
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of the Comittee on 10erie -,O
and Insular Affaira, i f
Waington, D. C. ,,
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The subcommittee met, pursuant to r69914 1 at 19, 1im
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in tho committee room, Now House Offiae Bulding$ I t
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Honorable Jaws A. Haley (bairman of the subomrittee) i
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presiing 1
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SMr. Haley, Thew coeilttu will be n order
t , I note we have one of our colleagues here from the
great State of South Dakota, and I am sure he has
something he would like to present at this time. We -
are very happy to have you here before this committee
and you may proceed.
STATEMENT OF HC~CORBLE HAROLD 0. LOYWE,

A REPRESENTATIVE IN CONGRESS FROM THE
STATE o SOUTH DAKOTA.
lMr. Lovre. Thank you very kindly, Mr, Chairman,
First of all, I certainly want to thank you for the
privilege of appearing here this morning and being the
first on the witness ta)d, because I do have a meeting
with Agricdlture that I have got to go to,
Mr. Raley. The Chair realizes that the gentleman
is very busy, I know he has other engagements this
morning to appear before other committees. So we are
happy to make this small concession, am
Mr, Lovre. Thank you, Mr. Chairman. I am appearing.
here this morning in behalf of ~L, 002, which I authored
and introduced, and whBth provides the acquisition i i
lands by -the United States required for the reservoir
created by the construction of the ort Randall Dam, on

the Missouri River in South Dakota, and also for the
rehabiUity of the Crow Creek-Sioux ladiangs, I feel that
Iitis
essential
that
thibill
befav
bconsidered
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by this committee and reportedto
early action.
the lloua fiioor for
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The need for speed is evidenced by the fact that Fort

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Randall Dam has been closed and the agency of Crow Creek
has already been moved from North Thompson to Piere,
South Dakota and the Indians on Crow Creek will have to
be woved shortly for the simple reason that their lands will ii t
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be inundated within a short time i ' '1
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The bill provides for tangible damages totaling
roughly around $685,000 for the real estate that is being I

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takenby the government, the Corps of Engineers, for this ! !

particular reservoir. Si (
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I do want to call your attention to this fact, Mr
Chairman. These figures, as I understand it, have already

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been approved by the Missouri River BaoL Investigating
i. Commission.
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In addition to the tangible damages that we are asking
for in this particular bill, we are also asking for
intangible damages which total a little better than one
Billion dollars, The eason for that, of course, is very

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apparent,, I am sure, to you, M Chairman, and also var eon
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meters of the committee, 'because we are not only taking :a

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the property of the Indians, but we are also taking their
hunting land, their fuel, their homes, which cannot be i

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measured in dollars and cents. >
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I arriving ad ti6s liouxwiox a iL4Le better than one i
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million dollars, ones again these figures have been taken
from the Missouri River Basin Investigating Commission.
1 In addition to that, V , Chairman, we also are asking in

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tr is bill,-,.B. 3602, for a little better than $5 million
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for the rehabilitation of the Indians on Crow Creek. I
This, I think, is one of the most important parts

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of the bill. Because of all 'of our minority groups that \* L
we have in this country, I believe that the American Indian
has advanced less than any, The reason is because they

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have not had a fair shake, I am sorry to state, at the hands i
I thntnk we owe tbis : i

ao the United Sttes Government.
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to the Indians overall, to rehabilitate them and give
them a chance so that they can take their station in life
and become citizens like the white people are,
I recognize that in the years gone by this has been
quite a controversial question, but I think that the sooner : i

we start on rehabilitating the Indians, as this bill
provides, the better the Indians will be-off, and the 1
white people,
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So I want to thank you, Mr. Chairman, for the privilege SI
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of
S making this short statement in support of .R,,8o30 It
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requires urgency on the part of the committee and on the
part of the House. eI siWaerely hope that favorable nation
will be taken so that we can take oars of not only our

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legal obligation to nhellnain un Crow Creek, but l I
our moral obligations. Thank you, Mr. Chairman.
Mr, Haley, The Chair thanks the distinguished
gentleman. He has very ably presented the matter here,
Mr. Berry, do you have any questions?
Mr. Berry. I think not.
Mr, Haley. Than you very muoh. We are very happy
to have you here,
M . Lovre, Thank you, sir.
Mr. Haley. Mr. Sharpe, you may proceed. You are

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already identified for the record, a
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Mr. Sharpe, Yes. This statement I first want to make
is more a matter of arrangements directed and calculated
so we can finish this Standing Rook record today and hear the
other departments, too. To do that, I am going to ask the ai

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permission of \the committee through you to reserve my
statements, which to be any good at all would have to

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cite long records, and allow me to file a written statement
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within a. reasonable time as a kind of summary of the evidence,
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It will cite you gentlemen and your aseistants-- bd those
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who will have to work over this voluminous record to the i
reports and records and evidence that is in here. It will i.ia
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be mruch more influential, I am sure, for my clients nud
t-believe helpful to you if I could be permitted to do
it that way, I
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ThU~ I hav Ibhe SbudUUig louk people, whoe
reservation and claims are almost twice as much as the
other two put together. Yet they have entered into the
spirit of-this thing, and if they keep their promises to
me of making such a brief statement of what their statement

is about, and filing it, we can get a good record before
this committee early today, I tUnk. That is what -hop
to do,because I can say that since I have the swing of
this, that is the best way for us to get our case before you
gentlemen. If you will grant me that permission, I
will do so.
Mr. _Hley, Without objection it will be granted.
Mr. Sharpe. I would rather compose and summarize as
longas I am going to condense the three back in the quItO

of my own house in South Dakota, and airmail it down here,
and have it made a part of the record.
Mr. Haley. That will be all right.
SM. hbarpe. With that I will wind up Crow Creek With
a couple of records that I promised to introduce yesterday.
We do have the superintendent of the reservation here.
Mr. Berry. I think it is a splendiididea, because
it will be much more beneficial to the staff who will
be preparing the information for the committee if it is
done that way.

, Bharpe, t
I will cite them to the pages ad i~ em
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of all these govrnawnt torEortu, A lot of tlese questions
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that Representative Shuford asked yesterday were already
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in the record answered, If I had wanted to take the time
to fish out the pages, I could have immediately given him
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the answer.
Mr, Haley, Very well. Will you call your next witness
Mr. Sharpe, Mr. Beitzel is going to tell what his

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statement is about.
i Mr. Haley, Identify yourself for the record, and
also your assistant, please.
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Mr. Pearl, My name 1s Milton A, Pearl, witl the
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Office, Chief of Egineaers, Departmtent of the Army,
accompanied by Eugene B. Conner, of our office.
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Mr. Haley, You may proceed, Mr. Pearl,
Mr. Pearl. We have no prepared statement, .,
Chairman, We are We to offer any information that this
committee might require or request, As indicated n the
reports that have been emitted to this committee by the-
Department of the Army, and with your permission as has
been done here before, I will take jointly B,. S344 and I
-- ,E 808 on the Fort Randall Project, and set forth the
position of the Army as outlined in these reports, which
is simply that we are charged with the responsibility of
ac9uiriug the real estate fwo those projects and ir

the construction of these projects,
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In thosa pnrtici ular ca= l# v'dutf to carry out the
intent of Congress as set forth in the various acta, the
lands have actually t been acquired, and a condemnation
proceeding was instilltuted first back in 1953 in July and
August, and then folllowed up thereafter more recently with
the filing to a decli ration of taking when title did vest in the
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United States,
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In the interim period, negotitiions were being conducted 1
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by the Corps of Engineers with the tribes involved in --
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i compliance with the Congressional mandate, and to see whether
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or not an agreement could not be reached on .all the
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points that were required, r
However, as indicated in the report filed with this
committee in compliance with the Act of Congupe approved
July 6, 19i4, those negotiations were unsaucesasul because I

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it was not possible for our representatives t eolws to r
i any conclusion with the Indian tribes on questions of

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rehabilitation, a
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We did come very close, I think, on question of
valuation, It is on the question of valuation that we
feel that we are qualified, We feel that the lands to be
acquired, and that have been acquired in these partitclar
cases, are susceptible of valuation in the same manner
that any lands that are acquired for project purposes are
to be valued,
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in fn#e parsoular owe wo had our W a appraisals
made, and thereafter, wen the appraisals were mad e by

the MmBI, we adopted those as our estimates of just
compensation and moneys were deposited in the oourt,
first wit the filing of the complaint in dondemnation,
and later when the declaration of taking was filed, an
additional sum was deposited with the court, to permit the!
Indians to use the money in the meantime to r'.locate
themselves, and to allow them to come in with applications
for withdrawal of the funds from the registry of the court
for their use,
Because there were many problems of title involved
an agreement was reached among the Department of Interior,
Department of Justice, and the Corps of nagineers, to
allow withdrawals to be made in behalf of * e Indians
by the Bureau of Indian Affairs. In March of this year

funds were withdrawn from the registry of the court in the
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- amount of $804,310,65,on behalf of the Lowera ule
Reservation, and $365,077,f 4 was witbdrewn on the same
day, March S2, 1855, ou behalf of The XIdians of the row
withdrawals were made without prejudice to any action in
the case. It is onr feeling, Mr. Chairman, that thi
matter in
sis odemation, and that the matter of aluation
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La uu e ur w~b meout through the Judicial processes and for
determination by the court in the District of gouth ,
Dakota that now has jurisdiction over the case, 'i
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Title to the lands subject to a reservation of oil .p
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and gas rights to the Indiansbs been vested in the United r
States. Title to the land and all the improvements,

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including growing crops and timber, has vested in the
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-VUnited States, and the only reservation that was made to the t
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condemnation proceeding was of the oil and gas rights,

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This follows the pattern not only of other Indian i
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lands, but also of the lands taken from other private owners
for the Fort Randall Project, We feel that all referhae

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in the pending legislation to this Act as a conveyance at
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land or acquisition of land should be deleted and to that
extent the bills should be amended to recognize the fact

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that title has vested in the United States,
If there.is anything else X would be glad to arnrer

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questions
IM,. 4aley, Has t gentleman from Col~mad any

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questions?
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Mr..Aspinall. I. Chairman, as I read these reports i
signed by the Assistant Searetary of the interior, the

Corps of Igineers Iseo objects to the amounts .Vpoposed by
the bill, and state that the bill should dat within the i
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appraiaed value, rather than the figures that are set afoth
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in the bills, is that correct? SI

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I Mr. Pearl. Sir, as I said, we feel that the i i
matter of valuation is one that should be determined in

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the court where the case is now pending, The matter is
one for judicial determination, since a condemnation
proceeding has been started, We, of_-ourse, feel that
our estimate of just compensation, as borne out by the
deposit made in court, is a fair one, and it is based on
appraisals that have been carefully prepared not only by
COrps of Ingineers, but by the Missouri River Basin
Investigation stafff, i i
Mr. Aspinall, Let me a* you this. When ras the takin
Mr, Pearl, Delaration of taking was filed in January
of this year, I believe,
Mr,. Apinall, When were the land really taken? *i
Mr, Pearl, Petitions or complaints i n condemnation
were filed in 1903 when possession of some of the lands
was required for the furtherance of the project. In the
ease of the Lower Brule reservation area, which is covered

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by NH.R 3544, a complaint in dondemnation was filed on
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August 11, 198, covering an area of 7,99898S acres.
Mr,-Aspinall, When were any members of the tribe i i
dispossessed? j .
r,. Pearl, leNot-wil spring of this year, siaer, The
need to actually have the people move out because the lands i
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wereoiag Lu h LaunaU d wa W L proWuvpt d s to filt
a declaratn of taking in the early part of thin year to
permit the movement of the people before their lands were
actually inundated, I believe that in March rApril
the first families were moved.
Mr. Aspiunall. Do you consider that the agencies of
the government have acted with reasonable dispatching the
discharge of their obligations and the protection of the

legal actions?
Mr. Pearl. Yes, sir,
Mr. Aspinall, Do you think that# is fair to the
people to dispossess them of their areas before they kiow

what in going to happen to them, and before they get thtir
value?
Mr. Pearl# In the first place, sir t there-is mohing i
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different in what we have done here than in any tOer r r
case pending condition, except that we have given

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then more time* i
M, Aspinall, I didn't ask you that-at all, Ia

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just getting a little burned up myself about having
construction before certairr things ares asccomplished that

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shold have been done befwe you knew whatyoi arc 4oig as :j
far as the people are concerned, That goes not only for
the corps of Inginweri1, but the Bureau o9 lamation also, i U
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3~~g~SB~~E~ ~M g~ ~~iaP~3EI~ kE~(iSf~g~t#Qt~:~ ~i~~ji ,,
These matters should be settled and t ese people'shuld

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have been placed in their proper poeltion h~bfore acom to
Congress after nothing elsa e an be done about it except
to keep them without their values and keep them without
their program to rehabilitate themselves,
The Army, as I understand it, refused to accept any ,
rehabilitation responsibilities, is that correct? i

Is that the gist of your testimony a while ago that as far
as the values of the property are oonerned, you could I

get together; but as far as rehabilitation funds are
concerned, you do not feel that is part of the responsibility
of the military?
Mr, Pearl, That is correct, We feel t t the proje t
requires the compensation for the owners on e set of lands '
the same as on another, but it as a matter' f national
policy there is to be a further compensation to the ia

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of the Indian tribes for theiz'rehabilitation by reason
of the project, that is something above and beyond, our narrow
responsibility.
.iAspinall. But you do know that at least directly

in the rehabilitation of this group which is dispossessed,
there is a terrific impact upon the rest of the mobers
Of the tribe,
MI, Pearl,. Ye, sir,
Mr. Aspinall. And yof have no responsibility for

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that even though the Amy Ingineers have aeapted th
respoarstility for promulgating a d conastrusting this
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Mr, Pearl, We accept the responsibility of working
with the Department of Interior and in keeping both the
Department of Interior and its component agencies, as well
as the Indians, apprised of what we are doing, and to know

the minimum inconvenience to
what we are doing will cause te
keep the project moving, and to worh wh them towards the
objectives set forth by Congress, but that it is the
responsibility of the Dppartment of Interior to move forward
for the accomplishment of the rehabilitation objectives,
Mr, Aspinall, Who made the first preliminary survey
on these particular projects? Did the Army engineers do
it, or the Bureau of tRelamation?
Mr. pearl, The Corps of ngineers, I vt-advixed,
M , Aspinall, That is all, Mr. Chairman,

Mr, Pearl. If I may clear up just one point here,
last. year when the Act of Congress approved July 0, 194
was being considered by Congress, the Congress was advised
that a complaint in condemnation already had beeSft e~

and that it might be necessary to take title to the lands
in the United States i order to proceed with the pr6jet,
The Act an approved contatrns in section t heo tate"e
that nothing in this act shall be construed to

restrict completion of the foirt Randall Dam to provide
flood protection and other benefits on the Missouri VLev,

We conotruo thut, as we pointed out i aour report to
this committee 25 April 1955, as an authorization to
proceed with the acquisition when it became necessary
in order to provide the ibod protection that Fort Randall
Dam was designed to provide.
Mr. Case, Mr, Chairman, may I at that point have a word?
Mr. Haley, Not at this particular time, The gentleman'
from Nebraska is recognized.
Mr.Miller, The report that we have here is oni
H.R. 302, I suppose that covers 3844 and 5608 also?
They are separate bills.
Mr. Sharpe, There is a separate report on each bill
from the department.
Mr, Miller, The Department has a number od amenidmenlt
that they offer with respect to H.B. 360, BHave you ;

looked over the amendments and do you agree with them ?
S. Pearl, The amendments suggested by the department
and the Army relate to deletions of portions of the
proposed bills that would bring the bill into line with
the faot of the taking by the government, and to change
the title to indicate that the purpose of the bill now
would be to provide for the rehabilitation of the edias

of the respetive Sioux reservations whose lands hve
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been aequdred.
Mr.iller, You speak about indirect damages, Wbat
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i do you consider Indirect dnmaregc? I nulLelin one bill
there is almost $7 million of indirect damages, and in the
other one there is over a million dollars of indirect
damages. What do you consider indirect damages?
Mr. Pearl. I don't know what is considered as indirect
damages, I might be able to answer your question better

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by saying what we consider to be direct damages, sir. The
direct damages are the value of the ladi and improvements that i r
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are taken along with -- and this is only in recent years B
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that we are allowed to compensate land owners in an amount i
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not to exceed 25 per cent of the value of their lands as -,
reimbursement for their losses and expenses incurred in

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moving themselves, and their families, from the :

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project area -- those are direct damages, Everything else
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would be consequential and indirect,

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Mr. Miller. Maybe the author of the bill can tell "
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us. The Standing Rook Sioux reservation payment for the p
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Indians is a certain amount. I prestme that is direct 1
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damages. Item No, S is $7,l71,00 as compensation

for indirect damages sustained by the Indians. That 1
is the largest sum we have. Then there is $10 million
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forrehabilitation for all enrolled members of the tribe, i
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That sounds like a pretty large sum, I am Just wondering 1i

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what the indirect damages would be, :r
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8,. Berry, Mr. Chairman, in all of these cases,
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including the Cheyenne oaa bat was pased last year, 1 ''
both the LBI and the Indian tribes have recognized that SI *
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in addition to the actual value of the-land, there is a

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tremendous indirect value in timber, for instance, You
are covering up forever the timber that these people
have used through the ages, Also, in wild fruits, in
hunting rights, in many of these other privileges and rights
that have been these peoples' and that were guaranteed to.
them in our treaties.
Now, in order to protect these people down the river
from floodsthe folks that came and built on the river
bottoms in 8t. Louis, where they had no business to build
anyway, we take not only the land of these lidian people, j

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but their timber and hunting rights and their fruits,

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l. Miller. Now far is that projected into the future

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with respect to these indirect damages? It it 100 years -
or 1,000 years?
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Mr. Berry. I think it is SS years. Is it S years,
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Governor Sharpe?
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Mr. Sharpe. I think it it one generation. That is all ~lli~ d
the report that is now befwIe you gentlemen, and which I

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will cite the pages for when file the statement. i
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Mr. Miller. I notice, Mr. Chairman, thatene ao the : I:j
rights given the I'ndians is the right to go in and take ia B
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off the timber, and the right to gra e stock and sqvesal
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Ithe righd, Thrvy I f

moH 1o taVta ttVitacr, aPd 8
forth. Has that been done?
SMr. Berry. MAy I answer that? That has not been done
because of the fact that no settlement has been made,
Actually what they are doing is salvaging what otherwise
would be wasted.
At fFort Randall th- Army Engineers bulldozed the
V buildings and burned them. These folks say why just burn
it, why not let us have it, It gives them the right to get
it and make a little bit out of it, perhaps,
Mr. Miller. Then you have $7,571,000 compensation for
indirect damages in H,R. 5608, Then there is $16 million
for rehabilitation for all enrolled members of the tribe.
How many enrolled members of the tribe are there?
Mr. Berry, We haven't gotten down to thi standing
Sock 'bill yet. We have just covered the other two. I
don't have the figures on 5608, because we have not gotten
down to that,
Miller.
SMr. On H,R. 3802, have you gotten down to
that?
Mr. Berry. Yes,
M. t1llwe, You have $5 million plus for the ehabilita -i

tion for all enrolled members. How many. erolled members
are there in that particular ti e?I
Berry,
Sr. Hew many aathere in Crow reek?
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^ ^ ^ ôiim ,,,..,..___^j. .^,-,^.,..^, ,..... ,....^.,^.,,..,^ ^n..-,.-..., ....., .*^ ....,_. ^ ^ ^,, __i,^ .,.,.,...^^ a -^ ,u ll~lL~l.^<,lulLll.
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130
Mr. aulrpw. av u w* rulmately corrbat. The

t
itanling Rook has about 6,000 members,
Mr. Millers, About 20,000 a family to rehabilitate

them and restore their lads,
Mr.Berry. MrChairman, I would call the gentleman's 3

I
attention to the fact that on Crow Creek, for instoaee,

6
or Lower i le, either, the figures that the tribe
1
prepared do not differ top ianch ea the at figureXs S

g
'i
For Instance, on intangibles, lower B ule, M$WI appraisal f

a
is $688,904. The tribe's fores aie $780,904. there

ir
is'about $100,000 difference in the valuation, and I think p
there is a new MBI report out in which they have increased 1
their valuations. 'I

3
Bo actually I don't think there is too mus b difference r
now in Mo I and what the tribe is asking for. i
Mr. Miller, I think that is all, 1

Y
Mr. Haley. f the gentlemen from Mouth Dakota any
questions?
Mr. Brry,. W. Chairman, I have Jast a Swm.
You asaWed that title passed toe he United States I
at the time of the declaration of taking
Mr. Pearl, Yes, sir.
,.Berry. That applies only on Lower Brule ad Crow

Creek and not Standing Zook.
MW. Pea. That is aorreat, sir V
:i i ~~~ i;..,,t i_!

- :.
1- -
Mr. lorry, DoQU itL ak-u WiY dillurowv that the amount
agreed to in the declaration of taking is not a definite
amount? In your statement you say it was stipulated that
these sums should be turned over to the benefit of the
tribe, but that it in no way prejudices the tribe, Is that
i correct? 'i
Mr. Pearl. X will be glad to answer the question a
to my understanding of it, but I might suggest that you
might want the Department of Justice, the Attorney OGneral,

who handles these cases for us to come in and give you
some further advice. However, to answer your question
from our standpoint, at the time of the filing of the
i declaration of taking an amount of money is deposited, and

Swas in this case, equal to what we consider to be
: 1 I
an estimate of just Gompensation. It is then left for
judicial determination at a later date whether or not that
is a accurate amount or not.
In the meantime it is only on the withdrawal of funds

that we havethis without prejudice to their position that the
land ownersformer land owners as the case may be, ans
permitted to withdraw funds to use in finding relocation

sites or in relocating themselves,
In this particular ease that is exactly what did happen. 4 41
They were allowed to withdraw funds without prejudice to
their later objections aa te the amount of estimated
I, " ~ j8
1
1: ,c " - - - ,' '
:, -
.just oomponatinon or lotual Juat oompenvuE an to be i
determined. - i
Mr, Berry, You said in your appraisal you came --
lose to the valuation that was made on the land by MIBI. -
For instance, on Lower Brule, your valuation was $264,310,65.
I believe,
Mr. Pearl. No, sir, If I may correct it, it I gave you
S...the wrong impression, the appraisal made by MRBI has been
adopted by tbeCorps of Engineers, and we deposited $270,10,67
on the filing of the declaration of taking, However, the son-
demnees have chosen to withdraw only_$264,3l0,65. Why they
know. I imagine that it was in order to show that it
was only a partial withdrawal,
Mr. Berry. What was the total amount that you
deposit ,l$388,883?
Mr . Pearl, Yes, sir,
Mr. Berry. That is the amount that M I appraised
just for the land, is it not?
Mr. Pearl, It is as I understand it. From the
NMBI appraisal, the eestimatee is thee fair market value of
the land, including improvements, timber and severance
damages.I ,
Mr. Berry, M I estimated the severance, timber and
s forth, jat $688,004 on Lower Brule, did they not? I1
r
n
:::~
P
i,.
1.
P
j;
ask you to oheok th Jd I PO~~
oL u page 13 that you ;i
have right in ront of you. I
o,
Mr , Pearl, Mie doesn't have that page in it, r
i
lir, Sharpe, It is report No. 138,
'1
Mr. Pearl. I have 138 here.

ii
C
Mr. Sharpe. That is already in evidence. It is page i

j
24, ad,he has it now,. n
Mr, Pearl, I believe your question referred to Lower L
Brule, Mr. Berry? I iI

I
Mr , Berry. Yes, r
f
I
Mr. Pearl. The amount that is shown on the report u
j.
that I have here indicates th
that the direct damages, as r
r
i
they call them here, are $264,010, I
Mr, Berry. Then they figure how much for indirect j
damages? j
Mr, Pearl, They have a figure of indirect damages
for the cost of re-establishina homes, ranches and the

1
d
economy, requiring a net additional capital needed for ;i
reestablihment according to this estimate of $1i8,91* and r

--- ;I
then they have a paragraph on timber, wildlife and wild u
product loses, indicating a loss in exess of tie
appraised value of commercial timber of $47$,821, and then tbe~t~- q

!I
have some potential increase in value of irrigble lnd s, 'i
i I
$14,460. Then some other damao, mostly intangible, o
$48,708, for a total of indirect damages of $088,04, :i

ii
I 1
-1:
--- r
1;
i
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II
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~ ~~.,,~as'
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--- --
-~- -------- " a----------
X84
Thea. indiret damages of O638V04 to to
l iAmount
that has not beenincluded in either their appraisal or
ours, Thdr appraisal standoat $264,010, and we revised
our estimate of just compensation along with them so that
Sit came up with $270,610.
I believe that was based on an appraisal that wa
prepared on an individual tract basis in conformance
with section 4 oftshe act of Congress,
Mr. Berry, Part of the difference, for instance,

is that you figured only the value of a tree that is
standing as of today, is that correct, whereas they

have figured the value that that timber should have for
future use
tP,
Pearl., sir, In their appraisal, they have
figured the saebasa that we would use, They have figused

it right here in their appraisal, which was prepared in
November, 1954t In their report No. 18 that you were
referrinir to, that was prepared in April 1004 This
later report, which in their appraisal, has apprsised thvt
based an MRBI timber cruise, which boved the extent
and average value of timber per oore,
s. Berry, I don't like to burden this too ma-h,
but if yOu will coek there on line 80, for distance, *1i
"Value to Indianso f timne from taking area $P8s,0

M 1
11rMPearls, U sir, that is under indirect damage
I;%sirii~ii~, ~ a~r~~el~esrI g~~gtS 392"~~a

Xr. orry. Yc, Eha
"u4 svIyaimte will be lost for
the future,
ir. Pearl, "Yes, sir.
Mr. Berry, You figure only what it iS worth as of
today when you take it and nothing for the future,

Mr, Pearl, We have adopted their appraisal of today,
es, sir
Mr. Berry, On actual land values, timber values
as of today?
e. PearL Yes, sir, On the same basis as any other

land owner.
Mr, Berry, Let us ot say that because you have lit
the record here a certified copy of a case that was tried _
in federal court where the jury allowed a man who was
raising this timber an increase to the appraisal made

by you by 300 per cent on the basis that he was making a livi N'
from the timber of. 100a.cres of lad., Let as not say on
the basis that anybody else would because the juary did not
figure on that basis
S WPearl, No, I said on the basis that we
would fo anybody else, Xf this case is tried, alnd it I
* Judicially determined that our approach is wrog, naturally
the sa as in the other cases, we will pay deftcien y
judgment,
RV Berry, Let us t& it this way, too$ What the
' t r
-- 4A
..: ..,
"~"-~
r
135 6
r
Indian people are doing Ioi Meing here an Jd

uaigg that i
i
:I
i
r
your valuation and your appraisal is wrong. This is the
only place they have come for relief, and they have done
i
.
so in this bill, Would that be about correct, sir?
.
Mr. Pearl, In so far as indirect damages and

: ~
rehabilitation objectives are concerned, yes, sir,

i
Mr. Aspinall. I understand this is before the court. i ilE

I
Mr. Berry, No, they are not before the court. Only i I
as making a special appearance before the court to give
r
them a right to stipulate as to the acceptance of a part
c
of this money.
1 r
Mr. Aspinall. And it would be the responsibility of
Congress to determine whether or not any of these so-cited i

r
future values are allowed.
Mr, Berry, That is the responsibility of Conrpae

I :
under the authorization bill which was passed two years
ago. Two years ago Congress passed an authorization bill r
Ir
authorizing the Indians to work with the Army Bigineers
I
and the Department of Interior, MQBI and their
tribal councils, in working out a settlement.

r
Then that authorization bill provided that if they

i
could not settle, then they should come back to Congress

,ii
with their report. That is what this bill is. They are i i
r
coming back to Congress for this additional money,
2W. Bhuford. Would the gentleman yield?
"'
1: r
i
kfi
11'
s, Aiall Jus a luu" uo LU wV have any

u i
appraisal proedure before us to-determine these values?
Mr. Berry. The Army Engineers and the WMBI and some
outfit down in Colorado -- Hart Appraisal Company -- have
made three appraisals, in addition to the appraisal of the '
tribe. Those appraisals are all before us. The MBI

I
appraisal is in the record in the form of this report
dated April 1954, made by the Missouri River Basin Investigating

oi o .
Commission,
Mr, Shuford, Would the gentleman yield at that point?
Mr. Berry, Yes.
Mr. 8huford, Doesn't the bill also provide in addition
that if they are not satisfied with the decision of
Congress, that bhen they can go on into court?
Mr. Berry. That is true.
Mr, Shuford. They can repudiate the action of
Congress and go into court, and then determine what
would be a fair appraisal of the property,
S. Berry, Shall we say it this way, If there is an
individual or several individuals who are not satisfied.

i
Mr. Shuford. It iuald be true if all of them were
dissatisfied with it, as a group.
as individuals oras
Mr. Berry, Shall we say it this way, No legislation
!ia method
I foe the l diaan or any individual to go into ;i :,
*I
IUB*KI
UIIIIIUL~LBIILUL
-i. Ir.i..i._.~..;_i.~yr-.
I-. .iclx~r~lc^~ruil *Y*hi~li liill~~li~lli lli I *I.ill e*--
- Irlliii~u.r*,lrP~uic *~.
uiJiirbiUi il*1.- r. II~-m~*dh3Y"C~'YPI
[1 19
* Va
i court and be heard whte his property right re being I

I
taken from him under the due process of law. That
4 1 1:
i provision has to be in these bills in order to make the
law comply with the due process clause of the Constitution.

::
Mr. Shuford, If the Gentleman will yield further, r
I
the tribe has made an appraisal and if they were not i r 5
i
t.
satisfied with that, they come back to Congress and ask
: ?
Congress to make an appraisal, and as one witness stated
yesterday, he felt that Congress would be moe liberal than

k
a court, and then they further provide if they are not

r
satisfied with that, they can go back to the court and b

determine the proper appraisal, Is that not all E
i
contained in this bill?
Mr, Case, Section 15, Congressman, r
Mr. Berry. It gives them the right to go back to
court. I I
Mr. Shuford, So this is Just sort of an interlude "I
to see if suf icient provision is made, and theb they
can later determine to file an action in court.
Mr, Berry. This bill, if we pass the bill, has to
be approved by the tribe by a three fourths vote. It

has to be accepted by the tribe by three fourth vote, i
Mr SBhuford If the tribe is dissatisfied with it,
I
what we have done amounts to a nullity, 1
Mr. Berry. That is correct,
1.
(
. :"' ' ~ -rd
8'
i
''X:4
y~
139 1'r
|
i
r it '
.rl
i Shard.
l. bo esienially it WOuld go to the courts
i 'I'
I I rB
anyway, unless they are satisfied with the amount that Is i
"~
is
i : I
given.
7
j I
Mr, Berry. There is one difference, and that is this; i r
i
The bill provides--that i they are not satisfied they can r i:
r
go into court, but they can take no more of the money that
i
:
to appropriated under this bill than was the appraiEal of i

t
the glUI, There is that difference. 1
Mr. 8huford, I the gentleman will yieldaurtherz

i
they aze coming here to see if they can get satisfaction, i
i
and It not, they can go to court, jr:
r
,M. Berry. I submit to you that there is not a
single Indian on these four reservations who would not
rather have hi nreservatioi. But you have to protect St,

Louis and maha,.
r
nW, Shuford, I agree with the gentleman ully, I am I
I
i
1
not complaining about the Indiana, because Ihave always
i
j
been iS full gavor of protection of the Indians. t i
r
1
Wr. Berry, I appreciate that,
ij
i
I
Mr. Haley. May I suaagest to the gentleman that
-we ean probably settle thiv better i executive sesoonl ii
I am not trying to out anyone o, put have

have good many
witnesses here today, and I would 1ike to proceed with
the hearing,
i
Mr . Berry. I have just one more question of the witne
L i
'b
!p.; 'b$.:,:. i
- ....
1 .0
Mr. tnuxor u,- navse xriand. We had ;one a little
afield. I am glad the Chirman called us back to order.
Mr. Berry, The only other question I wanted to ask
is this: Is it the policy of the Army when they take a I
piece of deeded land from a white man to put that man back
- in status quo? In other words, pay him enough for his
land that he can replace that property?
Mr, Pearl. No, air, that is not the measure.
Mr. Berry, The measure is what, then?
Mr, Pearl. In acquiring property generally, we
follow the standard of just compensation under the Fifth
Amendment to the Constitution as defined by the Supreme I

Court, to be that which is equivalent to the fair market
value of the property measured in terms of dollars,
measured by what the willing buyer would pay to a willing
seller in the market place,
M , Berry. Then you apply the price standards Ever

the reservation to price standards on the reservation so
far as market value is concerned? .i j
Mr. Pearl.* o, sir. In determining the market
value we seek to determine the markt value of any
particular property wherever it is by the standards of the
alabailit o the partilar piece of property by i

Aeepted appraisal procedures t determine that. It is trae
that many times that determination must be made of properties,

II i
I.
|i
^ ' ., ', -
1
S 4 *. - .^ i'
it
R'.\~
K i' '': "R~-iZ~
:i
i r
f B~
E
tbal aQ uoL sold veryiday, Ul we u '& try to arrive r
1
i
at a value by taking the value of non-comparable land i
i
Mr. Berry, You would not in anyway take into
r
consideration the fact that by moving a third of the people i
t
who live on this reservation back up on the bounds of the 6

j
reservation that you create a very congested condition, i
disrupting the economy of the entire reservation. That i

i n
could not be taken into consideration.
Mr. Pearl. That it correct, sir, i'
i i B
i
Mr. Berry, That is all.
ii
Mr. Haley, The gentleman from North Carolina, r

1
i
i
Mr. Shuford. I have no questions. i a
Mr. Haley. The gentleman from evada.

4
r, Youpgt Dirlectng your attention to on@ bill, 80Q8t :'f
for the purpose of rehabilitation f the Indians of Crow

i
Creek, do you generally agree with he sums that are I
r
I
included in there for compensation, and if not, how muda

j
i
lower percentagewise would the Engineer Corpe recommendationv 1
j
ar appraisalS be? 1
4
h, Pearl We have no basis for commenting a the TJ
I
amounts except as to the value of the lands involved. in

so far as the value of the land itself and the timber
and improvements that go with the land and severance 1 ;'
Ii
damages in t owe cases where less than whole tracts are i
:I
being taken are concerned, in 'connetion with .RB 830g, 1
I--
t 'I
,!
i~ * '
t ]
NU
c, i j :< ;
_. ~~~x.
."'Y(I"i, lit. i~~Yi~
------ --- - ------- --- - ---- - -------- ~ ~~~ '~l--rr~--c-P7 ~D n~_ ~in"~:~~l~a~g~b~
:a
r
r i i
i h
referring to theCw
row Crek reervation, we've estiBated I
1
i
j ?
Just compensation to be $398,352.

( i ~1L
Mr. Young. That is for the land without minerals. i 1

I
j I
Mr. Pearl, Land reserving oil and gas rights to the B

ri
I I i
f"
tl
Indians. r
Mr, Young, That is about 50 per cent less than the !i\
bill contains, How about the indirect damages? The bill
i i- i 9
provides $1,050,000?
t f ;U;
Mr. Pearl. We have no scientific method of estimatth
i
those damages. We offered in negotiatio to recommend P
i
a payment of 25 per cent above the appraised value, based i
I
i
on the guidance of the Congresi~onal act of general appli- :

i
i ~
r
cation that permits us to pay up to 25 per cent of the i
i appraised value of property for family losses and costs

119
and expenses in moving themselves and families from project '
i. areas.
r
Mr, Young. How about the rehabilitation figure?

i
M, Pearl. We have no comment. As pointed out in 1

' I '
our report, we believe that those are matters that can be
i .
commented on more readily and more properly by the
Department of Interior,
i:ii
Mr. Young, That is all the questions I have.
i- i
Mre, aley, Thank you very much, sir,

i
. .!
Call your next Jitness,

>
' :
Mr. Berry. The next witness is nM. Sigler and
i ~i
I
i!
'I S
!l
S'i
.! 1 i *i
~S~ii~'~??a~ii~Yr...
-........ I .s.,,&,,......,,.~,jU~,~~~~Y~-~,~,~~~~
I -148 j
;Mr~ Daolfal, ;uperikenv wl bw eerwvauion
Mr. Haley. Identify yourself for the record,
STATEMENT OF LEWIS A. SIGLER, LEGISLATIVE

COUNSEL'S 0FSCE, DBPARJMmiS
r IhTIM7 O,
AND C, H. BEXTZEL, SUPERIr EDENTs LOQWEB
BRULE AND CROWC CREEK RESERVATIONS,
8OUTH DAKOTA,
Mr, Sigler. My name is Lewis A, Sigler, Legislative
Counsel's office, Department d the Interior. I have Vtb
me Mr. Beitzel, who is superintenden t of both the Crow
Creek and Lower Brule reservations.
I should like to make a statement as briefly as
possible in view of the extended testimony that you,have
already heard, first about the general outlines of the
bill, and then Mr. Beitzel has fats and figures respecting
the reservation if you care to go into those any ore
deeply than you have already.
First I would like to emphasize that this bill
deals with three subjects. They are related, but tr

are separate. The first is the compensation for the
fair value of the land and the improvements on the land. j
That is what we have been calling direct damages.
The second subject relates to what has been called
indirect damages. Those ore damages of a type that are
peculiar to the Indians, They are not damages of a type.

- that are ordinarily allowed in a compensation action in
court. Congress has, however, seen fit to reoegnie the
: \ \ ,
I~-- ~-~~~Y-LYI
X~Ur~CLYL IIIIYU~i~L*i~l .^~ji~tlii*(~YU~LNW1~L~Sli~~
the peoullr Ettui of ith Indians saud allowed indirect
damages in two other recent cases, The most recent one
was the Cheyenne River bill, which was passed last fall,
and the one before that was the Fort Berthold bill,
I mention that to indicate that Congress has already
adopted the policy of recognizing these indirect damages as
peculiar to the Indians..
The third subject relates to rehabilitation, ard that i
S is not tied directly to the taking of the lands for these
tribes, but is a recognition of the fact that the Indians
in this area are in urgent need of rehabilitation assistance,
Became their needs have been accentuated because of the
taking of their lands, it is put in this bill. I ienion
that because I think it is important to keep the three
subjects separate in'the discussion.
With respect to the first subject, the direct damages,
as prior witneeses have indicated, the land in the case
of the Lower Brule and Crow Creek reservations has already

i :
been taken by the United States. Title is vested in
the United States. The praedure for making payment for
that land is in the court.
A deposit has already been made in the court, and in
the nomal process of events that money Vill be
distributed to the former owners.
As was indicated a moment ago, the Indians are free
to reec that the

the appraial that
theppaal th AAry has as aa
ha. made as - I
i o
~,~~,.,~-
i basis for that court atuu, or Jury trials.

Tie awk fw
r
If they do, they may win an additional amount or they may
not. That depends upon the normal condemnation procedure.
However, inasmuch as the case is in condemnation and
the title has been taken, one of our recommendations is that
the bill recognize the fact, and not purport at this date
to convey a title to the United States which it has already i
taken, but on the c0entrary, that the bill recognize that
title has been taken by the United States, and then
proceed to provide for any additional payment, if that
is the will of this committee -- that is, if this committee
believes th the appraisals that are now pending, and the
basis for the court action, are inadequate - you may,
if you wish, increase tat amount.
The Department's suggestion is that the bill be changed .
so that it actually recognizes the fact that the title
is 'in the United States, and make whatever provision you
wish to make with respect to additional compensation for
direct damages.. I am talking only about direct damages.
By way of explanation, I might indicate that thi bill

S'i
is patterned after the Cheyenne River bill, and the Fort
Berthold bill, but those bills were not passed at a
time when declarations of taking had not been filed. '
So that the bill itself in the other cases was a method by
which Congress acquired the title. It was perfectly '

;
(e
__.r~si~duUnru-_uluruu~inrrr ~l~~.~;._~u
,~.c~l~,~-;ww~iJau~iisrauma~
146
proper to put the proyvsion in those former act s,
i j
But in this case, the United States has already taken the
40 title, I think that is the distinguishing feature, !
SHow, with respect to indirect damages, our report
indicates thrt during the course of ~lgotiations between i
the Department of the Interior, the Army and the Indians,
as directed by Congress in prior legislation, the Missouri i
River Investigating staff came up with a figure about
indirect damages, That figure is explained in considerable
detail in Report No. 138, which youQ have been mentioning
earlier in this hearing That report explains sexatly how

those indirect damages were figured,
I should like to indicate by way of very brief summary
that in general the indirect damages were based upon,
first, the cost of reestablishing the Indians whorust
move from the area tha is to be flooded.
Secondly, the loss of timber, wildlife and forest
products. As Congressman Berry indicated, that is not
the value of those products today if you go out and sell
them, but it is the value that is unique to the Indians
because they depend upon that to a large extent for their
livelihood. The figure that is in the report that you
have was computed by estimating the cost to the Indian
if he had to go out on the market and buy his beries and
ildlife that he will loner b

no le get from the
i S
;
147 K .
r ,.
area, ndc apitall ng thmat m t 4 per coat interest.

i~7j
i
i 'i
That is the way in which the figure was derived.
A similar procedure was used fo ' the other values that
are mentioned, timber and wildlife products from the soil, ibl
such as berries. st
ri
r
I'
The RBI figure for that indirect damage is

I
stated in our report. It is for the Crow. Creek ~eservati - -

f
r
I
$840,000, and for the Tower Brule reservation $590,000, In
each instance those figures of the M I have been submitted
to you without any recommendation of the department. It is
-data that ti submitted for your use in any way you may
see fit But the department has not recommended that or
any other specific figure,
I should like to point out, however, that those
figures I just read are substantially lower than the figur s pca
that are listed in these bills. In the case of Crow Creek,
the MJUI figure is $840,000, and the figure in the bill ti

$1,100,000. There is a similar difference in the case
of Lover Brule. I point that out only because of making -

the record clear on the facts as I understand them.
I should like to repeat that it has been the policy

expressed by the Congress to recognBie these indirect
daages to the Indians and to compensate the Indians
for those damages. During the n.gotiatiow that I
re8farred to, this element was never reached, because the
UIPI
I~-Y~I-I---IIUY-I\LIYl~i~~~l~-~~_L ~L~
------------
- - " ---- r-c- , *. ...f~ I.^
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difforonces between the Indijn figure and t e gfiures
r
a
-either of the Department of Interior or the figure that
the Army was willing to talk about were o great that

i'
there was no reasonable expectation of coming to an agreement,
yor that reason, the subject was not pursued, i

t!
The third element or the third dollar figure we are ii
j
talking about in these bills relates to rehabilitation, I
The Department has done no more than call your attention b
r;
to the relationship between the dollar figures set forth
in these bills to the dollar figure that you used for 1
the Cheyenne River reservation when you enacted a law i

I
last fall, In the case of the Cheyenne River reservation,

i
which you have enacted into law, the rehabilitation figure
amounted to approximately $2250 per person. We don't
suggest a p person approach. I mention that figure I
merely to show the relative stie of the dollars involved. t
It Was $250 for Cheyenne River,

r
Under these bills that are before you, thb figures
i.
vary, but they are substantially greater. The Department- i

i
ti not prepared to justify any figure for rehabilitation,

~
but you have been hearing the Indian witnesses, and r

think they have given you a fair indication i why they thin
Ii
they need the dollars that are mentioned in the bills, i!

That in general is the tenor of the department's j
I(
report. In addition, however, the department has recommade
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a LIrgo number aX ai oauoi
Qu o iyv bili, Unless you
i
wish me to do so, I shall not go through each of those i
amendments, because some of them are technical, I :

I think I
if I do, I will use up more time than you want me to use in I

view of the fact that you have not heard the Standing Rock i
Indians yet, ,Ishould like to mention only a few, I will

r
do it very briefly, i
'i
First, on rehabilitation, we feel that the purposes or

i
the meaning of rehabilitation should be slightly expanded iY

i
and we have offered language for that purpose, In addition, i
we think Congress should make it clear that rehabilitation la

I
money will not be paid out in per capita funds, because

d
to us, Rzehabilitation means considering the needs of the
individual Indian,-and what he needs to be rehabilitated.
That is not the same thing, It is vastly different from I
dividing up a sum equally among all members, regardless j
of their needs. So we have recommended a specific provision 1

i
that would prohibit a per capita payment out of the

.1
rehabilitation funds, ,i
'1
Tied closely with that recommendation is a further 1

recommendaticathat these indirect damages be consolidated z
with the rehabilitation fund, and governed by the same rule, i
That is, that they be used for the members of the tribe in 1.:
I
i
accordance with the needs of each individual member, ;j

'5
Mr. Berry. On this rehabilitation, I would like to y
iT
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.
I.
oommend you on your *tatolmnt. But woul4 you go further
Neither the Crow Creek nor the Lower Brule have asked for
it. The Standing Rock people are going t. auk Congress

to go one 'step further than just set the -ehabilitagion
money aside and declare that it can be O

We for o other
purpose than rehabilitation and on a Re'1alitatio program.
They are going to go one step further and ask that Congress
set up their money, a certain per cent for education.
a certain per cent for land purchases, a certain per cent
for rehabilitation through livestock and all of these
various programs they have set up. Would you go as far as

that?
Mr, Sigler, Congressman Berry, we have talked with

two of the Standing Rock delegates, and we are in sympathy
i
withtheir approach. We have some reservations about the i
wisdom of freezing in dollar figures specific amount for

i
specific purposes in view of the fact that the department

f
r
has had no opportunity to review those figures and to form an
independent judgment about whether they are right, However,

'
we are in complete sympathy with the idea that the r

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I ?
Standing Rook delegates have. .r
,i
"
Mr. Berry. It would pretty much assure Congress
that their will is going to be exercised in the use of

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1
this money, would it not?
Ir,
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Mr. Sigler. Yes, I suggest that we will be able to
I 1 .5~
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to t
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n complete agreement that any money appropriated for
real bilitation should be used for that purpose, and that.
the general content of the rehabilitation program should
be s| pulled out if at all possible.
Mr. Berry. Thank you.
MrW Sigler. Another amendment I should like to
mentj Lon deals with the provision that the Indiana who are
disp;laced from the flooded areas may use their money to
acquJire new labds, and the title would be taken in the
Uniteed States in trust for those Indiane, We agree that

they
with
or iNew York and buy some land, the department does not
want to take title in trust. So we have proposed an
amend lment that restricts the trust procedure to purchases
within
Ln the reservation area.
Another provision that we have recommended is a
provi Lsion that would pwfta8 eterie to sell any remaning

land Jlt may have to these individual Indians who are
dispelLaced from the area. The bill recognize the right i
of th e displaced Indians to buy land within the reservation

liaent~~~~~~~~~~~~
h rs rceuet
tha retit ucae
4-
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and for practical purpo ew th only vailbl land to buy
is tribal land, But the bill does not specifically say' i
that the tribe may sell its land. There is a general
prohibition against selling tribal land. So we have
suggested that as another amendment.
As I indicated,we have a number of other amendments,
but jnjss you wfih meto go through them, I will not do so,
My other suggestion is that there has been sae
confusion about facts and figures relating to the age
range within the reservation. The age range that has been
taken by the Army for this project, the vuaber of Indians
involved in each tribe, and so forth, If you care to
have Mr. Beitzel explain any of those facts, he is here -

and prepared to give you that ir~rmation. '
Mr. Haley, I think it would be helpful to the
committee if you will explain that. '
WM,Case, Mr. Chairman, speaking in behalf of the
three tribes here nowv we, of course, expect to have an

opportunity --
Mr. Haley. I want to recognize Mr. Beitel at this I

particular time.
M . Case. May I just complete that one sentence?
Mr. Haley. All right, Sir,
Mr. Case. We want, of course, the opportunity to !

file for the record the Attonney's answer approved by the
' I
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~as~i~~~~ l .1~(~S+hlli~l~d~Y~
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tribal councls to the Department of Interior report her
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filed. In other' Word, just the opportunity to file
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r with your committee the reply o~ the parties affected by
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the legislation.
Mr. Haley. Mr. Beitzel. I,I
II /
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Mr, Beitel. Mr. Chairman, I have a summary of
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q tbh bowor Brtx
statiftign pertaiing to rej1ervygp an
p
also the Crow Creek reservation that I eel is rather long,
t and iaiae time is short, if you give me permission, I
would like to file it or the record, unless there are
2
I~ some special questions.

G
,I Mr. Haley, Have you any copies?
i,1 1I
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Mr, Beituel I have two copies here I could file, '
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~ Hr. Haley, Without obueotion, it will be a;noltded I'
I
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as part of the record at this point.
~ (The information referred to followsa)

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Mr. Haley. Mr. B tel, I would lke to ask y I
this question, , . 3605 vith respect to the orow Cred
Indalns, I un.destand that there are 1o00 enrolled wmberr

in that tribe.
Mr. Beitzel. That is right,
Mr. Haley. What about the number covered by H.R. 3544
with respect to the Lower Brule tribe?

- 1I
Mr. Beitzel. That is 705. j
Mr. Haley, Now, with respect to H.R. 5608 as to
the Itanding Rock, do you have that figure?
Mr, Sharpe. We can get that for you if you want
to assemble it at this point,
Mr. aley. I would like to have the Uumber, if IZ 9,
of all these Indians.
ir, Sigler. May I give you that figure? The report
138 gives the figure as 4,324, I am informed the
figure today is .more accurately around 5,000,
Hzr. Haley. Who can furnish me with the information
as to the displaced persons? There have been
SI 6 several figures submitted here, I believe.

Mr. Beitel. At Crow Creek there will be 84 1
families that will be displaced. In Lower Brule there wil,
be 19 families.
I ., Sig&r,.
gr. Mr. Chairman, those are families, not
individuals, .
' ' '

S,4
i Mr, Iinloy. I Understarn A i uudert4and the
testimony, there are approximately 5 people per family.
Mr. Beitzel. That is about the average, 1

Mr. Haley, Does the gentleman from Colorado have
any questions?
T o
Mr. Aspinall, I have two questions of Mr. Sigler.

! i
Mr. Sigler, you stated in your testimony that the title . i
was in the United States Government. It is in the United i

States Government for a specific purpose, is it not?
Mr. Sigler, Yes, a specific purpose, but the Army i ' 1 '
s ,* .[
purpose for the use of the dam and reservoir, i
ii , i : '.
Mr. Aspinall. Has the Bureau of Indian Affairs of the

i;
Department of Interior taken any particular position of who
should be charged with the direct and indirect funds? i

: '
Mr. Sigler, Yes, very definitely. As reflected in

our report, we feel that both direct and indirect aeets
\{i
should be charged to the project and the bill so provides.
Mr. Aspinall. Is that the precedent that was set i

| in the two bills that were passed heretofore which reference I
I has been made? -

*
|Mr. Sigler. 'Yes.
; j *'
Mr. Aspinall, That is all, k. Chairman.
I
Mr . Haley, Congressman Berry.
i %
Mr, Berry. I don't believe 5 have any questions, Mr.

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Chairman,
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Mr. Beiitl. Mr. Chairwmn, could I gt permission iS
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to put the Lower Brule statistical report in the record, :i
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Mr. Haley. Yes. i

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Mr, Shuford, Mr. Cha-irman, I would }ike to ask Mr.
Sigler a couple of questions. ij i"
Mr. Sigler, the threo bills are for the rehabilitation

5
,'
of the retire tribe, and not particularly for the displaced :j!
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persons.
Mr. Sigler. That is correct. The entire tribe

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includes those both on the reservation and those Who have r
moved away. It is for all enrolled members of the tribe.

i
Mr. Shuford. And it does not relate primarily i

I
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to the taking of the land. r
c
Mr. Sigler, Not primarily, but the rehabilitation
?i.
program, I believe it ia fair to say, be been accentuated
by the taking of the land, which has caused some people ~
1
to move from the taken area up to the higher lands, and
that in turn has created a problem for the people living i
there. S
1
i"
Mr. Shuford. That is about the only problem, is it ,of?
Mr. tigler. That is about the only direct relationship

;I
that I am aware of. 1 !'5
Mr. Shuford. That would not affect in any way those
that are off the tribal land, would it?

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Mr. Sigler. I think not.
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Mr. 1hulUrd. TZlt la i 7 liir. Ck'tirman.
Mr, Haley, If there are no further questions, thank
you very much, gentlemen.
Mr, Berry. Do you have something more to offer
Mr. Sharpe, Just two exhibits, Mr. Chairman, and X
think they are quite important, in view of the questions
asked, I want to read the titles into the record and file
them with the Clerk, For the consolidated record, but
especially more for Lower Brule and Crow Creek, they offer
into the record and file with the Clerk motion and order
of the United States DistriCt Court of the District of ! :
South Dakota in Civil Action No. 186, Central Division,

io!
Uni ed States of America versus 7,996.92 acres of land ii
I
owned by the Lower Brule Tribe, and an order of the court ! ;1
for partial disbursement of the sum of $264,310.65, with

i
*Ii*i
express provisions init that the partial disbursement is
"I
not intended in any way to affect or interfere with pending
claims for relief before the Congress of the United ii

!a
States now being pressed by said defendants, a special
appearance and a copy of the check by which the United

:'
States through the Fort Randall Project funds paid such sum S' .i
of money to the tribe to enable them to avoid the water. I ,
i
And also Civil No. 184, Central Division, motion for
order of partial discharge and order for the same, United
States versus 9,148 acres of land in various counties owned i
;M s
B
Sby Cro ... ,,,.,-, '. and In whCh the anae I
provision oncerning not interfering with court p
oo ed Itn
or proceedings pending before Congress for disbursements
J is contained in the order of the court itself by which i

j the matter is before it, and the effect of which is to
leave the Indian tribes exactly tn the same conditions
as
if said deposits had not been made.
-LA
i_ Also as a part of that last offer a copy of the oheok
which was paid to the Crow Creek Sioux Indians
the amount
of money last mentioned.
! That identifies the papers and the order and motions
all speak for themselves.
Mr. Haley. Without objection, the various documents
I described by Mr. Sharpe will be included in-the record 4
(The documents referred to follow:) .
*
ii
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Mr. Fl'nrpo. Mr, ChairmnX, i, I may Uave a moment to
check my notes, I think we are through with Crow Creek and
Lower Brule, Senators Mundt and Case are to appear for
all three tribes, so we will wait for Standing Rock
before we put them on.
Subject to this order that the committee made this
morning to open the session, I can file my summartes
instead of doing any talking myself at these hearts, and
I will close in addition to what counsel ase sfid about
answering the Department's reports, we can answer that in t
statements I itend to make later, We expect to include K

at least a reply to the Army Engineer Corps report about
the effect of these court proceedings.
With that we will thank you for the hearing on Crow
Creek and Lower Brule.

Mr. Haley. The counsel of the committee may
have some questions.
Mr Abbott. I 1Imay, Mr. Chairman, because of some
apparently slightly confusing testimony or statements
earlier by committee members, with respect to indirect
damages and applying only to Crow Creek, is it correct
that the Missouri River Basin Investigating staff arrived
at a total figure of $840,000, and that the payment
proposed is $1,132,000 plus? i
r,. Sharp. You will have to give me time to look at
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1.60 * ; .
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Report No, 138, and I have loaned my a1st on~ out, r
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Mr. Abbott, That is the statement contained in the
report of the Department of Interior,
- Mr. Sharpe. I believe he left out same oftt,
Mr. Abbott, The purpose of the question is that there
is a difference in the MRBI figure and the figure.proposed
of approximately $280,000. Is that correct?
Mr. Sharpe. I think we are asking some extra
because of the $150,000 for moving the agency, but I don't
think Mr. Sigler's answer was quite correct as to
the amount, What did he say it was, $832,000?
Mr. Abbott, $840,000, I believe.
Mr. Sharpe, The correct figure for MRBIC on Crow
Creek as shown by item 37 of Table 1 of Report No. 138 is
$963,433, So I would correct his statement in my brief .l_.i

or whatever I am entitled to file,
Mr. Abbott. Governor, the reason I am referring to
it -- and you appreciate, of course, that the committee
has numerous reports before it, and hundreds of pages of
exhibits, estimates and what have you - the report of
the Department of Interior dated June 2, 1955, on
HR. 3602 on page 4 sets out a table of .'igures. If you

i,
differ by reason of the types of damages that are in luded,
then it should perhaps at some point in the record bp
made clear whether or not the presentation by the
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181 1
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Department refern to the sao I kiC =~ whiOh you have 1
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reference. There is a $292,000 difference in the figure on ;1
indirect damages.
i
Mr. Sharpe, That is betwe en their report and the bill.

i
MR. Abbott. Yes, sir. At that poitt, Mr. Sigler,

f
could you make a brief observat ion on that?
i
i:
Mr. Sigler. If I may elab orate_-- I thought it was Ij:
t
1
not necessary, because I am afr aid it is going to be hard a
to carry you through this -- th e MRBI table that Mr. Sharpe

r
has referred to is in Report N o. 138. It is on page 24.

t
That MRBI table lists the eleme nts of indirect damages ,i
ik
that I referred to a moment ago . They are the cost of
reestablishing the Indiana in new areas, the loss of timber, ii I~1

i
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wildlife, and wild products as the second element, and the I:i
third element as potential incr ease in value of irrigable :i

;
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land. Then the MIBI have a fig are "all other damages" ii
a
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mostly intangible. That figure we have taken out of I
our report, and as we indicated at thehearing* in j ::i

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I
connection with the Cheyenne Ii aer

bill last session, that
L
last item is not an item of damlage, but is an arbitrary tI
i
figure put in to raise these fijgures to the same level ~
that the Fort Berthold bill fixied. That figure represents t

I
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.i
a factor, I think, of 4,5 appli ed to the Berthold formula. ij,i u
So it is an arbitrary figure thiat does not represent tn : i

appraisal of indirect damages. For that reaaon-At has been
ii
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left out of the report that th department hi submitted .
this year,
Mr. Abbott . o what you are saying is that the
department's report on this legislation reflects substantially
the basis for arriving at a final figure on the previous
legislation.
Mr. Sigler. That is correct, In our testimony last
year with respect to Cheyenne River, we pointed out that that
final figure in there is not an element of damages in any
proper ssen. For that reason it was deleted, I should also
like to repeat that the department has not submitted
this Report 138 with its endorsement of approval, but its
raw field data for the committee's use.
Mr, Abbott. What we have been discussing applies
to indirect damages. o that we may have it at this point
in the record on rehabilitation figures, the department
points out that in Public Law 776, respecting Cheyenne
River, the total authorized amounted to $2,250 per person
for rehabilitation. The observation is made in the'
Department of Interior report that with respect to Crow .
Oreek, the appropriation authorized would amount to '
approximately $5,000 per person, That is simply a
mathematical comparison, and there is no dispute on that i
point, is there?
, harper, N o
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Mr. Abbott, That I aIII rAvV 44 ihle Bie, a, !,
Chairman.
e hearing on 9544 aadj
Mr. Haley, That then concludes th
3602, So we will go to H,R, 5608,
We will insert the bill and the re
(H.R. 5608 and reports are as foll
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164 E
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Mr.3harpe. In view of thu permission panted to me di
r . a
this morning to file a statement later, I will waive

i
t
the opening statement, and say that I have told you
this morning that we think we have it fixed so that we
can get this whole record in today easily, If the witnesses
go ahead with the idea of announcing their statements and
filing them,we will do it.
The first witness we will call is Mr. David Black Hoop,.
Chairman of the Standing Rock Tribal Council.
Mr. Berry. Do you want Mr. Black Hoop first?
Mr. Sharpe. Wasn't he listed first?
Mr. Haley. Call them in any order you see fit.

Mr. Berry, I would call 8upt, Wellington firt, I
wonder it it would not be well if Mr. Sigler sat with
Mr. Wellington or conferred with him at the same time.
You will be here, Mr. Sigler?
Mr. Sigler. Yes.
Mr. Berry. Very well. Mr, Wellington, will you come

forward, please?
Mr. Haley. Mr.. Wellington, willyou identify yourself

for the record and proceed?
1
STATEMENT OF JOSEPH W. WELLINGTON, i
SUPERINTENDENT, STANDING ROCK SIOUX r
RESERVATION AGENCY. i
Mr. Wellington. My name is Joseph W. Wellington, I

I
am superintendent of the Standing Rock Indian Reservation.
i
i i
I
1 n vo Deen with the Departient of Interior Ureau of
Indian Affairs for about 16 years, I have been superintendent
for about nine years.
Mr. Berry. You may proceed, sir, i
Mr. Wellington, Mr. Chairman and gentlemen of the
committee, I believe it iv quite possible that the members
of the committee may not have visited our reservation,
and for that reason we thought it would be advisable in i
the very short space of time to try to inform the members
of the committee by maps and pictures as to the general
outlook of the reservation itself. We have compiled maps and
some pictures which we would like to leave with you for your '
future reference,
I realize, gentlemen, that the time is short, I will
not try to show all of the pictures, but we will leave them
and I will try to show the most important ones which I
feel will give ydu a little picture of the reservation itself,

Mr. Aspinall (presiding). Now, before you start referring
to the map, will you ease identify it for the record?
Mr. Wellington. The map is a map prepared by I
the Bureau of Indian Affairs, showing the Standing Rook
S- Reservation of North and South Dakota, prepared in 1944.
I am sorry that our map which we intended to bring was j
lost en route. The reservation itself was originally
2,332,000 acres, which has presently been reduced to 987,000
i
All
26
c-: -;
1 * 16,
"
I 9
I might mention for r, SMiglbr, the figure that we used I t

r
is after the alienation of the lands which have taken place

I i
c
since 1951 when the MRBI started their survey,
t
The reservation, as you are aware, is in both North
and South Dakota. The taking area will involve a distance I;
i:'
on the Missouri River from south to north of approximately

: r
80 miles of the Missouri River. In addition, it will back

1 (r
up the waters in the tributaries of the Grand and Cannon

~
Ball Rivers so that when the contour line of the reservation r

i ia
has been reached, it will approximately 228 miles of Ihore
line. I i
: i
As a matter of comparison, I believe that is about I
the same distance as it is between Washington and New

t 'I
York City.
i
The present population of the reservation is 5,265
Of that, 3,501 are considered resident population, and 1764 :I

E
non-resident, living away from the reservation.
In mentioning the population, I would like to add i

1
that it has been broken down by age groups and that i

-I
approximately 50 per cent -- 49 plus -- of the entire
population are 21 years of age or younger. We felt that :j
j
1
1
was important in view of the fact of our pla*s for the
j
future, knowing the various age groups of the people that I r'
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we would be working with. About 23 per cent are between r
; j
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107 H
31 and 35.
In looking at the map and noticing the Missouri River,
I think it is very important to know thatwithin six
miles of the Missouri River, aWn six miles each aide of
the tributaries, lies 90 per cent of the population id
the entire reservation. In other words, the reservation
population has been centered near their streams and
particularly of course the Missouri River.
Tn the taking area , there will be 5,994 acres.
To give the gentlemen of the committee a brief idea
of what the reservation looks like, I would like to
exhibit these pictures, I t.

(Showing of pictures to committee.)
Mr. Haley (presiding). At this point in the
record I would like to read a statement by Congressman

\ i
Krueger, who is unable to be here to testify.
"My interest in Congressman'Berry's bill, H.R. 5608, is
a natural one. Much of the Standing Rock Sioux Reservation

; i
is in North Dakota, and the principal offices are at
Fort Yates, in my state. Further, after expeAence with
the problems encountered in a very similar situation at
the Garrison Dam in North Dakota, I am anxious o see that i
proper provision is made at this time for the people of
Standing Rock.
Congressman Berry is particularly fitted to draft and
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oQffuz Lj Lu labl&Ou 4bWunue of als wide experience With
Indian matters, and I feel that this particular piece of

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legislation provides adequately for members of the tribe ! ;
,,~,,
'
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on a basis that will insure their future well being.

i I I
In considering the relocation and the reestablishment
._L
many Indian homes and the problems encountered, this change
i
from a life with many of the old habits and custom i s .
involves many factors that are not apparent on the surface.

i
It must be remembered that these people were forced

'' i
to accept this area as their tribal home and after
adapting themselves to life on the reservation, they find

\ 1i
they are to be uprooted once more,
' *
I trust that the committee will bear this in mind

! '*
in consideration of the requests in H.R. 5608,
measure provides several featuresthat will make members of

The
I;.! *i i :
the tribe self sufficient and self supporting and
establish them on a sound economic basis. ti

i
S
"
Thank you gentlemen, for giving me this opportunity .... !,
to appear before you in support of this bill."
At this time the committee will stand in recess until ,' ii

2 o'cld4c, and we will have further testimony then.
(Thereupon at 12 o'clock noon,iecess was taken until
2:00 p.m.,, the same day.) * *i
f,
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T16
AnERmJSCBSS
1
2:00 P.,.
Mr. Haley. The committee will be in order.
We are very happy to have the distinguished Senator f

Ii
StUth Dakota, Senator Mundt, with us, who would probably
like to make a statement at this time. We realize
that you are a very busy Benator,

iI
and we are very happy
to have you here. We are glad you are interested in some
of our projects on this side of the Congress, and ie would
be glad to hear any statement you care to make,
STATEMENT OF HONCEABLE KARL E. MUNDT,

UNITED STATES SENATOR FROM THE STATE
SOOF SOUTH DAKOTA,
Senator Mundt. Thank you, Mr. Chairman.
Mr. Chairman and members of the committee, it is
always a pleasure to appear before this committee, and I

am here on behalf of H.R. 3544, HR.. 3602 and HR, 5608.
These bills are, of course, for the acquisition of lands
by the United States required for reservoirs created by
the construction of the Randall and Oahe dams on the
Missouri River and for the rehabilitation of the Indians on
the Ceow Creek, Lower Bxule and Standing Rock Sioux
Reservations.
I come before you today with full realization and
appreciation of the difficult and perplexing problems
facing you as members of this subcommittee. Not too many

years ago, I sat on the other side of this committee table
a
c
a nmbo iprr of wht waz, priwr t h Losljakvej
Reorganisztion Act, the Indian Affairs Committee As a

member of a Select Committee to investigate Indian affairs
and conditions, five of us spent over four weeks in field
trips and in taking testimony, making inspection,
investigating conditions, and contacting individual Indian
and white citizens in Nebraska, South Dakota, North Dakota,

Montana, Minnesota, Oklahoma, Arizona, New Mexico,
Washington, Idaho, and Alaska.
Our Select Committee filed a report on the basis
our investigation on December 33, 1944. That report cited a

number of prominent factors retarding the pracrens of the
Indians, the most prominent of which were: lack of
economic opportunities on the reservations and inadequate

educational opportunities,. Those factors, I am sure,
are familiar to the members of this subcommittee,
I am hpppy to say that one concrete result steamed
from our field trips and investigation, and that was the
passage of the so-called Indians Claims legislation,

which today is unctioning through the Indian Claims:
Commission.
Over ten years have slipped by since our select

committee filed its report . Our record of accomplishment
since that date is nothing for which we can be proud,
*4
., 171
' :.
' +
per cont of the Indian children between the ears 6 and 18
regularly attend school, .B 1950, in my Own state of
South Dakota, 955 Itlian girls and boys graduated from
high school. To have kept pace with the same percentage
of white youngsters graduating from high school, there
should have been 1,843 Indian youngsters graduating.
For education at the college level, our record is even
more disappointing. In 1950, 105 Indians attended college
while 485 should have attended to equal the same number
of whites enrolled in institutions of higher learnag.
During this period, the population of our Sioux
reservations has been increasing while the economic
capabilities of those reservations have become more limited. !
Viewed from the present, the future for Indian families on
our reservations is indeed far from bright.
Perhaps this can be dramatized by mentioning the -
fact that I offered a motion in the Senate Appropriations
Committee dealing with Indian affairs this year where
we provided for $50,000 to help Indian high school graduates
attend institutions of higher learning, The significant t
part of that statement is the fact that that $50,000
spread around among all the Indians of America who had
graudatqd from high school represented almost twice the
amount that Congress in any previous year has ever
appropriated for the important job of giving educational ,
S1 i
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178
opportu aty abova high cb~vvwivv" . to American Indians.
It is not contended that the bills you now have before
you will solve all of the problems which ea have had with
us for so many years, If we have learned anything in the
131 years since the Congress created a Bureau of Indian
Affairs in the War Department in 1824, it is the simple
hard fact that there is no one single panacea for the
problems faced by the many tribes of Indians throughout
the United States, I believe we are just now learning
that if all these problems are to be solved on an equitable and
fair basis, they will have to be dealt with individually, i

Perhaps a reservation or a tribe at a time.
My purpose in appearing before you is to discuss the
portion a of the bills dealing with rehabilitation. ,egtion

g
5 of each of the bills deals with the problem of
rehabilitation. The language contained in each of
the bills is of a very similar nature and is indeed familiar
to members of this subcommittee -- since it is almost
identical to language contained in Public Law 776 (83rd
Congress 2d Session, H.R. 2233), and follows the
precedent established by the passage of similar bills.
The Sioux Tribes w hic will be affected by the
construction of dams on the Missouri River are'entitled * j

to remuneration for their land and for other tangible and
intangible damages. These losses will make necessary many

;
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C'~.
d 11
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.. s
P
,a
economic adjustments on the nsyral reservations ad in i'

I
view of the fact that these adjustments are liecessary, we i i
then are presented with an opportunity to initiate and
develop rehabilitation programs to put them on the road to i
financial and economic independence, It is for this purpose

i
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that sections 5 of the bills have been included. I
? i
Representatives of the various tribal councils t i 1.
id
appearing before you have already or will describe in
I I i
4
detail for you the various phases of the rehabilitation t
programs which have been recommended in working with the i
t
Indian councils, I believe they have come up with some I
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4
sound recommendations and that their good leadership should

1
be commended by all of us,
I doubt that there is anyone in this room who feels
that we can continue to sit by while ou r Indian people
sink lower and lower into the quicksands of economic
disaster, Certainly we are saving for the American people
no great amount of money by limiting the assistance and aid
which we extend. On the Standing Rook Reservation alone,
relief assistance -- both federal and static -- from 194
through 1954 has amounted to over $2.5 million. This is
just relief, with no possible chance that any of this
money has assisted a single Indian or Indian family to become
economically secure,
The money asked for rehabilitation will be used ,to help
establish Indians as ranchers, farmers, and businessmen,
I;
C
i,~
174
for reoocaLIon ul JudJlaM u aira ox the country where
they might be gainfully employed, and for educational ji
purposes, I
iI I :!
As one who has spent 12 years of his life in the i' 'i
teaching profession, I am especially interested in the i I )
programs which these tribes have developed for education.
Back in 1944, when we filed our SNect Committee report, i '
we stated, "The goal of Indian education should be to make

MJ
the Indian child a better American rather than to equip ' * \' <
him simply to be a better Indian."

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It is obvious that the reservations now in existence i
cannot provide the economic opportunities to gainfully
employ the growing population. The tribal representatives

i :;' 41!
who have drafted the provisions of sections 5 of the ]2
bills recognize this important fact that we have to
furnish these Indian youngsters with the tools of technical
and educational training which they need to leave the drowded

i '
reservations and go out and compete with white young men
and women for jobs. I 1
For those who are remaining on the reservations, i

the anticipated rehabilitation program would provide them
with an opportunity to improve their way 9f life. I am i"i

sure the members of this subcommittee have visited many
' !
of our Indian reservations and have noted for themselves the
many busy and ambitious Indian farmers and ranchmen who are
it
~~~-........ .I.~.--.~,-~,~s.--~ ,I~j,~L~

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17i
struggling along i t ongy uphhil fi g ht to put their
operations on a paying basis. In many instances, they
are operating without sufficient land; -r if they have enough
land, they lack the capital improvements, machinery and
livestock, to give them a reasonable chance for success.
The loans contemplated under the rehabilitation provisions
would materially assist the individuals in such cases, There
are also instances where Indians could enter into business
ventures on or near the reservation but who lack the
financial wherewithal to complete the transaction,
I feel that we owe these people a chance for
success, a chance which I am sure we will all agree has i
been denied them until now, I believe in these people, and
I am convinced they can, with a little assistance, carve
out for themselves a better future,
The American Indian was originally assigned to life
on a reservation because the white man uprooted him from his
home land and deprived him of his traditional livelihood.
Now for yet another time, the white man has uprooted
the American Indian as we have again deprived him of his
home and his economic security by inundating his acres
to create flood protection reservoirs to safeguard
the homes and the economic enterprises of white citizens
living in the wake of the downstream floods. Surely the
least we can do now is to provide for adequate
l i. i
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, 170 i *
robaboltiou un, Jloy Mivea patient, patriotic, and -i j!
long-suffering Indian fellow citizens of ours.
Mr. Haley. Thank you very much, Senator, for a very
fine statement. I wonder if any member of the committee
has any questions he would like to address to the
distinguished Senator.
Mr. Shuford, Thank you very much, Senator,
Senator Mundt. Thank you for the opportunity of
appearing before you, and I know we are placing our case
in the hands of a friendly jury.
Mr, Haley. We are very happy to have you with us.
Mr. Wellingtop.
STATEMENT OF JOSEPH W. WELLINGTON,

SUPERINXTEDBT, STANDING BOCK SIX1O
INDIAN RESERVATION AGENCY (Resumed.)
Mr, Wellington. Mr. Chairman and members of the
committee, I have one map which I would lihe to show
the members of the committee if they are not acquainted
with the land status on lands on an Indian reservation. Is

it clear enough from there, gentlemen, or shall I bring it up
closer?
The land is checkerboarded in allotted land which
belongs to the individual Indian people, land wbah belongs

to the tribe as a whole,or in a community status, ipterspaced
with fee patent non-Indian lands.
In addition, there are set aside certain administrative i
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aites, school reserve , and to forth, ~hedThckrboard
1
part of the reservation does have an important bearing in

the planning of the ultimate use of the reservation lands
so that the natural resources can be developed for the future,
On the map I showed you this morning, along the
Missouri River and its tributatires, I don't believe the

Ii
figures were mentioned this morning, other than the total amaoUft
of the taking area. The taking area itself is 85,094 acres,.
That was broken down into 1,379 acres of crop land,
i 18,145 acres of meadow land, sheltered pasture land, 18,88,
graaing lands, 18,840, Other lands, which included the
river wash, 1,692.
Using the MR I report No, 138, it is noted that they i
include 680 families for the entire reservation population, i
with 170 families living in the tak ng area o the

i
reervosir.,
:i
It a lso meMtioned in the same report'that theea' re
;
i r
190 families who will need be relocated. That is 80Ieare t .'i
i
than what e in the taking area, but those people Ite f
so 0loee to the taking area that it will be eseaa y I
i
that they be relocated even though they are not
thesmelves within the taking area. i
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We eel that uinee 1961 and 195 when the 1m j
" repo t was iitiated, that our reservation population is i

ir
now approximately 700 tamilism. *f -

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178i~~m
3 ~ ~;"
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I. WJuuld liku ask 9ih on iderdou of the chairman'

I and the committee of our peparzed Iapsu which we have in
detail showing the landl status and the fact that 00 per
cent of the population lie within six miles of the

rives, o the tributaries, was airailed to us
five days ago and still has not arrived, We could be able
to eater that in the record when it has arrived*
I believe that i ill X have unless there awe jme

quetions.
I- Krc Haley,, .of coure, we have no facilities for
including the mapo and so forth, so we Will enter them in the,'
file without objection,
Does that complete your statement?
Wl, Wellington, Yes,-Siwr
UrIr Holey*, The geotlmen -fromiNorth Caolinga,

Shuford,
1W. Shuford, Xould like to ask one ow twoq qVetiOng
InO the pictures that you wse kind enovagh to bring
baes, yqu shared the winter gwaaiug pastures, M awees witth
a gow many eattles Do i00s's cattle bolang to the ;tribe
ow to izividuals llviV within the takjxug area?
1M, Welliuta*o At the present time OU the
reservation itself,individual Indian eopls own oCve
SlOO head Of CAttlet, boe are no tribally ewned battle,
Within the taking area, our mt weeent fi o a~n&d
~luY --. ~ui~

~,~ii~.~- il-. r- I
that is a f igurw that fluctuate -- L appro
1mately 1900,
head of cattle
Mr. 8huford. Are those 1900 head the only ones

pastured along the river bed?
Mr. Wellington, They bring other cattle in. Grazing
lands are leased but the operators do not live there, They
bring their cattle in during the winter time to take
advantage of the sheltered pastures,
Mr. Shuford, Do they do that by ream

co being
Indians or because of a lease they enter into with the owners:

of the poperty along the river bank within the taking area?
Mr. We,llington, The autle that are brought in there,
are brought in for an economic or financial gain to the
operator whether it is Zndian or non4-ndian. At the

a n 0 0
present time there are better th head of cattle
non-Indian on the reservation during part of the year.
M, huford. Do they pay a rental to the owlxE1ZLd
the land for a permit to gwase their cattle there?
Mr. Wellington. Yea, sir, There is a 80 are per

animal unit established to conserve the grass over a perio
o yearot At the pie ent timns they are being OCharged
anyw"hre from eight to ten aths.
&. Shuferd, I am speaking about during the Winter

when they are brought down to this sheltered area, Is I
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4 4&g
there rentnl chnrg frwnhrltcr~l tho cattle there
during the winter

Mr, Wellington, No, Sir. That omues in the regular
grazing permit, There Is no extra charge for it.

Mr, Haley, The genltlean fromiSouth Dakota,
Mr. Berry, I don't believe I have any questions, IZ
want to commi~end the gentleman on a very fine statement and a
lot of work, -
W, Haley# The gentleman fromi Montana,

Mr. Moicalf, I have no questions
r, Haleyy, Tha nk you very much i
Will you call the neSt witness? --
Mr, Berry, I think b. 5iglerBhao some fact 'that

probablyshould go in right here,
STATM T O1 LIb 0WX, 0J7XJ

-Cap $fZ01MAT16QIVE OQWN03L~~~E, DIVAM'"NT~i ~~
oir zIn=u
t
70r. Sigler. ,MvOCairmau, I think perhaps it would be

awat helpful it I highlight the provisions of the bill in
comparison With the other bills and our reoomedaiow,
As ; indicated this mmoing, thebill ptoieis f a
th6r0eeepa ate surof --

money to be pai, The first
mentioned in the bill i for direct land a uS itiu U coot* L
Tart figure U $21I06603, That figure is coidaably, i

higbr thAxn the iupre that was accepted by the Am al by
fepartMet Of
f erior as the fair appraised value a the
A
_, ,i^
land during the course f fottlations, Theb figure aeeepted
by the two departments was $1,75,000. So that the first
major difference in the bill -- how much should be
paid fcrthe land itself,
I presume that the Indians will tell you how they
arrived at their higher figure, but the figure that I
just mentioned for the Department and theAmy is the one
thatin based on our appraisal.

l
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The second sum of money mentioned in the bill relates
tb indirect costs which I explained this morning, That I iS
sum is $7,871,000, The figure that is described in the M1W I

i
report is considerably less than that, It is less than ha: i
i
of it. It is $3,167,513. As I indicated this morning,
those figures are merely offered for your information
and consideration without a recommendation.
.The third figure mentioned in the bill is a
rehabilitation figure, That is $16 million, whieh i

I
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amounts tv approximately $3800 per person, as an estimate, t r
1
as compared with the $220S0 -hch the Congress allowed for ~I
the Cheyenne river tribe last fall.

'I
Those are the seas of money that are involved, in, add: LtI
i
to those suMs of money, the bill provides for other 1
ir
expenditures which are indeterminate at the present time.
Those expenditures are the amount of money that wild have

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to be paid in cotteFnation actions overhanda ove the i-i

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rppraised value t ay oXJisi uyJAiW ulaet to go r 4

I'
through condemnation proceedings. That is, the deficiency

i
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over ard above the appraised value would be a sum in addition
I
to what is allowed here.
f The bill also provides for reestablishing cemeteries,

t
I monuments and shrines, for moving the agency facilities
~
11
such as schools, hospitals, buildings and so forth, and
ic
for reimbursing the tribal council for its expenses in i
:1'i
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negotiating a settlement of its claims,
i,
Those are money figures which cannot be specified a
,
at the present time. 1 ,
In addition to that, the bill provides for various
privileges that the Zndiana could enjoy on the lands that
are taken, 'As was indicated this morning, those
privileges involve the right to cut and remove timber
that is to be flooded, the right to salvage lumber from
buildings that are there, the right to reside on the land
after the government acquires it until the gates of the dam
are closed and the waters are impounded, the right to
hunt and fish in the area without charge,
Let me qualify that. This bill, unlike the other
bille, give the Indians more than the right to huwnt
and fish without abrg

hae t gives them vwb t ,think is
11
virtual elusive souQtralo the lands even though the
II
govermet has bought and paid for them, That is, it gives
--- --
1839
them the perpetual right to hunt and fiih Individually
and also the right to control the occupancy of the land by
assignments and licenses to permittees,
I shall not mentiboi-the other privileges that are
given. They are comparable to the enumeration in the
other bills,
The Department has recommended a number of changes
that will make this bill correspond to the bill as we

would amend it in the other two cases. I explained some
of those points this morning, and I shall not go through
them again at this time unless you request me to do so.
I do want to repeat the point that Mr. Berry made
this morning in connection with the-raetbilitation fund,
that the tribe itself intends to suggest, and we
concur, that the purposes for whi rehabilitation money
may be expended be specified as definitely as feagvble in
this legislation, I do want to add my persOnal view -'
and I do not speak for the department in this respect --
I feel it wouldbe a mistake to put dollar figures on a
breasdown of the iunds for various purposes unless
considerable leeway is allowed in changing those .dollar
figures, perhaps 80 or 80 per cent. I don't knoW what the

tribe has decided to reeommet to you on that stbj t,
however,
Mr, Berry, fow would a percentage be? Buppose it said
Ur~-LCllll~lliI*__
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1 184
20 por cou 1 o eduativual purposes?
Mr, Sigler, From our standpoint, Mr. Berry, we have
no facts or figures to lead us to say that 20 per cent is
better than 15 or 25 per cent. We just don't.know, It is
for that resat

e n tht I cannot give you a recommendation on
that point.
SMr, Berry, You are not even positive of just awxarly
the amount the Congress will allow there?
Mr. Sigler, o, I think the tribal delegates will
state that if the $1 million is substantially modified,
they would probably want to modify their breakdown figure,
There is one very important provision that I want to
emphasize for you, and that .its a provision that says that
Congress shall not hereafter terminate any trust
responsibilities on-the Standing Bock Reservation without
the consent of the Indians.
We feel that is an extremely unwise provision, a-nd -
ought to be deleted. It is the one provision that I wou ld
Say must come out of the bill from the standpoint of our
position. It is a advance declaration by Congrees that
from now, Congress would not change the trust status,
unless the Indians agreed to it. Congress has not provided
that foa any other tribe.. We think Congress should snut i
provide it because it is up to Congress to decide he
,
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185
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It should termlne its tru t reponlsbilitiesi It te not
; '
up to the ward to make that decision,
Mr, Haley, That would be just about contrary to ; i. i i,

the rules now in effect anyway, would it not?
Ir, Sigler., Yes, it would, It is directly contrary

*i I r,
to the position that Congress took in House Concurrent
I"
Resolution 108, and which has not yet been changed. . :!1
I believe that is all I have to suggest to you until Si 1
! *
the time comes to consider the detailed amendments of
-nhe bill.
Mr. Baley. Does the gentleman from Colorado have any '. i
questions?
i >
Mr, iApinall. I have no questions,

! i i
Mr. Haley. The gentleman from South Dakota? !

'i
Wr. Berry. N.o,
P,. Haley. The gentleman from North Carolina?
Mr. Sbharod. No,
M . haley. The gentleman from Montana? ;i

M . M tealf. I have no questions, ! ,1
wr. Haley. Counsel? i

Mr. Abbott, ith respect to certain observatitns in . Hi
i t |
yor report, M, lSgler, I believe you pointed out that
there are several diffe enes in B . 800 dealing with the

Standing neck tribe as against the orer Brule aand C*a
i'
Creek, one of vMhio has to do witb the oontining efiest of
' J:
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lairN..al- ir ~6liil~b~s
188 i
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r an aUtZhctzato1t,. a'v~ioucalled to your attention
aa ay
why it should be 15 years in 5608 as against the 10 year
period in 3002 and 3544? i
Mr. Singer. No, we are not aware of the reason for

I
that difference. ' ,

i
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r.,Abbott. Was there a ten year period provided in
the Cheyenne River bill of last Congress?
istler. Yes, sir, there was, I suggest that

r
Mr. h i,
provision is very difficult to interpret. I think it is
almost meaningless. It creates an ambiguity.. The fact

! . ,
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that it authorises appropriattens for a ten or fifteen
p---
year period suggests that the appropriations may not all
i
be made at one time, while other provisions in the bill !
i that say that the money saall be appropriated and a
deposited in the Treasury at 4 per cent interest suggest
that the bill contemplates that the :W11 saw be put at

i ;'
interest immediately.
u
So n-myr judgment there is an ambiguity there, and r
I am not Just sure what Congress intended with that ji I I
provision in the Gheyenne ivera bill.
Mr, Abbott. With respect to another difference which i; i ,

you pointed out, I believe the Crow Creek and Lower Brule
i .
bills establish a perpetual right p access to the taking
area for hutat4g and fishing without charge., and that the
Standing Rook bill, as you observed just a moment agg

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187
Z
h If
nlcluden within os ters -- or rather broaden that
so that there would be a right in te tribe and its

C il
members as well as their succesors, assigns, licens 0M--
i. and permittees,
las any reason been called to your attention wby
r
there should be a broader provision in the Standing Rock

bill? -- i'
Mr. Bigler, No, we have not been informed* __
Mr. Abbott. Referring back to the Lower Brule bill

I i
II
and the Crow Greek bill,does the language with respect to
the-right of access to the

th taking area for huntin
and fishing compare with the Public Law of the 83rd CouPress?
Mr. Sigler. I think it is substantidly the same
as the Cheyenne River st.
Mr. Abbott, I believe the department eport stated Slu
that they-do not feel the three quarter vote of the adult
membership is the most desirable provision to have in S, i
the bill, is that c'rrect?

r. M,gles. That is right. We recommend that tBe
no t become effective when accepted by a maJority of the
adult members dthe tribe. As : recall it last fall when
the Cheyenne rlivev provisionwas up, a point was made Ii
that a treaty, the date of which I cannot aite,l's a
priiatei to the ffet that the lands of the tribe will
not be taken without the consent of the majority of thd
__________________________
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188
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Ilea atothAtrib, I beg your pirdd, it 1a three ourths r
-- E
I of the males. I would like to call your attention to the

r
t i r
fact that this provision in the bill requring a three
fourths vote of all members, male and female, is a departure i
from tie treaty. If there is to be any departure from

I
the treaty by unilateral action of Congress, the-epartment
r -i i:
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recommendation is that a majority vote of the entire adult i irr
r i
membership would be the most equitable provision. We hbink
it would be more workable.

ii
I~
E I'. Abbett, on that point, Mr,. igler, you are f
g
referring, I believe, to the treaty of April i9, 1868, whivb
irti
was ratified on April 18, 1869, and proclaimed on April 24,
1869, contained in the United States Statutes at Large,

1
and should be cited as 639 for Article XI, which reads, 1
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i
"No treaty for the cession of any portion or part of the
reservation herein described which may be held in common 1
II
shall be of any validity or force asagain the said
1 ' 1
I
Indians unless executed and signed by at least three
r- v*
-r
fourth of all the adult males occupied or interested in
the same, and no session by tbs tribe shall be understood
or construed in such manner to deprive without his consent

j-
any indivi4dal member of the tribe of his right to atn traet 1
1'!a
of lad selected by him as provided in article VI of this
I
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treaty." 14
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tour point is that by the very terms of the proed iJ

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department *akes the position that a simple majority
vote which would also be somewhat of a departure would not
be therefore any more damaging,
M
r . igler. That is right.
Mr, Abbott, One final question, if I may, Mr, Chairman,
In the Crow Creek bill, we have difference between .
the M BI direct damages figure of approximately $29,000,

In the Lower B ule bill, we have a difference between
the provisions of the proposed bill, and the MI estate
for indirect damages of approximately $18,00,0, For Standing,
Book-e WIU figure is $3.1 million, and the bill provides
for $7., million, which represents a difference of $474
million.
Can you briefly state from your knowledge of the
negotiations here why the rather substantial dffereae ins

this bill as compared percentagewise with the othwe
bills which are not too great? i
ia , igler,., o. We have no information at all about

bow the tribe derived its figures that are in this bill,
I at sure the tribal delegates can tell you he* they got
those figures veie they testify.
W. Abbott, I am sure those other gentlemen will
cover that and perhaps the superintendent, together with
the representatives of the tribe' I simply want at this
aftAr,
s I am sure the Department is aware of it, to call
~~ ~ ~~" ~"Y~ h.:i;.~l

,.~ii;.ki
~P~ b~y
Ito
it to the committee's nttolU.- I
In addition I take it that pur position with rmspeot to
rehabilitation is one that Congress in the end will fix

that figure?
Mr. Singer. Yes. We have given you all the facts
we have, We have called your attention to the policy you
established ,in connection with another tribe . Whatever

figure Congress sees fit to fix for this tribe, I iam sure
the department would accept,
Abbott,
ir. Along the same line, and this is the
last series of brief questions, Public Law 770, which
applied to the Cheyenne River reservation, established a
$8.1 million rehabilitation fund, which figures out at
$2,850 per individual. The Crow Creek bill would autherise
the appropriation of $6.8 million for reabilitat nI
which comes out $8,000 per individual rounded. Th Lower
rlle provides for $5,7 million, or approximately $,,000
per capital, and the Stadiqng Ronk bill a tottl of $16 milli
afor approimately $8700 peCapitaa,
So with the our bills presently before the committee,

all involving rehabilitation provisions, we have per
capita payments ranging frox $2,5O, in the case of the
Cheyenne aRivers per individual, to $9,000 for the LoWer

Ovules
Do you have any comment to make on the jvstifitation or
1
~: t ri
r;
probaL.. ,.....as*, or e d4l1ereo in the
in
total amount to be appropriated or rehabilitation?
Mr. Sigler, I,. We have no figures that would let

us reach a conclusion about the total amount that is needed
for rehabilitation purposes in any of those oases, The
tribes, I think, have some very good data they will present
to you, My ow judgment is that t1iere is probably no
reasonable basit for such a wide discrepancy between the
tribes, as I don't believe that one tribe in three times
worse off than the other tribe, or has three ties greater
need I don't know that to be the at.
Mr. Abbott, It should properly be directed, I am
sure, to the authors and proponents of ite legislation.
Mr. Bigler,. Mr. Abbott, on that point may I point
out that there is oneother important difference
between the Cheyenne River at and these three bills
The Cheyenne River act

act applies only to the rehabilit6tic
of the members living on the reservation, ~while these
three bills apply to the total enrolled membership,
Mr. Abbott. As I recall the history of what boeuae
Public Lea 776, as it was considered by this pmittee,

it oueld have applied to members of the tribe whether on or
off the reservation, and at a later stage, or perhaps in

full committee, that proviion was taken out.
Mr. igler I believe that is right. i
4 4
I 4
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MI, Abott, th theboo lallio

thXOO O bg foo1'tW
oeuuuittee would apply to members wethez' on 0Or 9 , Irs
view of mny earlier misstatement Of what we wiere referring

to as rehabilitation fund, do all three of thee bills
have a comon provison prohibiting per capital Paymenits
froim any of these rehabilitation ,funds:
Mr. Bigler, None of the bills has that YiOMIGO DO 4 1

We arerecomezidixig it for all three of them,
Mr. Abbott, Was that provision conainzed in Public
I i$
Law 7766
Mz% Bigler, I thini not,
Ur. Case, I koco note
Mr, Abbott, th t is all I have, M.

W ghirmuaa
W, Raey's if there are no further quontionzv please 4 1

call your next witness
sr. Barry* w. Dav B lad iokP, 0 fuirma, of the 4I
BtandiK1g Rook LVibal Council, 1

%ile be is counting to Oe tand, I might say 4e
1 1
44
Is doing a Vonderful job as the Caiuiau of the Trial
council up tuere
V.Hley's r.elack oop, state your same for *te ii I 1

records ad you may provew vith any taitemost you carse to,
MSTElaCAMM
p.UX"4
M naueROM
s Jaidr
I& Slack oopt My name to Uavid- Slack bap, f sirmsi4,
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of the Standing Rock Siouxw Tr l Council, l Baeetlng
i
5,265 enrolled members on the said reservation, covering
both of North Dakota dnd South Dakota, ith their agency
located at Fort Yeteev l1o rth Dakota.
Owing to the limited time in which our witneses
will testify specifically, I wish to submit a copy of my
writtetetatement which is general as a part of the reoord,.
Mr, Sharpe. Mr. Chairman and gentlemen, as a part

of the statement I wauld like to submit, if you please,
the issue of the Congressional Record, page A 4408 of
June 81, containing an article by Mr. Blackhoop, who ai
a well educated full blood Sioux, and quite a philosopher,

I commend it to your reading.
It also contains an article from the Omaha Wo

gr
Herald, of whih I have a few extras, on this subject 1
1
F
vhich is now before-you, It is an explosion ao public E ,
policy from that newspaper that I would like to get it the r
i
record,
r, Raley, The statement wili be inserted in the 3

f
record without objections

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(The statement referred to follows) I iI,
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Mr, italcy, PFa; A 4403 Qr' v Wgrowat alaRecord I

1
will be made a part of the record, 1
: i
Will you state your name for the record? C
i
STATRME T OF DAN HOWARD, VICE
CHAIrWAN, STAiNDIP ROCK TRIBAL i
COUNCIL, MORRXSTON, TSUMH DAKOTA.

SM,
Howard, My name is Dan Howard, ly address is i
Morristown, South Dakota. I am the Vice Chairman of the r

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Standing Rook Tribal Counail, I am an enrolled member of i
the Standing Rook tribe, What education I had the privilege 1

I . ,
of-reoeiving was received in government schools.,My 4
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occupation is ranching and farming,
ii
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I have a prepared statement here that I would like
to file as part of the reo d. It is lengthy# I would
like to have this filed, and I would like to give y u a

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brief summary of what the contents of this statement a1e. (I "
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W . Raley. You may proceed, and at the end ofyour i
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remarks we will insert your statement in the record,
I 1
Mr. Mowi'd. The contents of my statements I engage in
ranchig and farming. I farm enough for feed for my cattle. i

The contents of my statement is to present for year i
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consideration gaur ideas and claims whibb we think to
reasonable value for our land being taken for the Oahe aR
I 1iI'(i
tt ,i
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There is no market value on this land singe-1944 frfE
a
1
the time of the passage of the isori Valleyrlood i(
Control Act, There has not been very much of this land
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we base our valuation on a productive value of what
the land produces for us. This type of bottom land is
rich and fertile. Our Indian people value this land as

their best land. It has been indicated by the MMII that
this is the Indian's best land. I am familiar with this
land because I have lived near the banks of the Missouri
S river all my life, The upland is a-diffserei kind of land

r where the owners will relocate.
Cultivated land, meadowshaltered pasture as shown

by the pictures, we feel is the same type of land, for the
simple reason that this meadow is not plowed up. If the
sheltered pasture which is brush was grubbed out of
there and it was plowed up, it would be the same type
of land. Land potentials are irrigation and timber use,
We think that $2,70,000 we ask for the 55,994 acres
taking is worth it, The best way to establish land
values is to show what the land will yield under normal
conditions.
This land is subirrigated. Alfalfa roots will travO

t.
to the water table, Any business capitalises the value
of its business, which we seho in the statement. The
prices shown are general average valuation for this river

k
bette , If any leeway should be given and any gene osity
should be given, it certainly should, be given t h land

the
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,
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owner who i goina to turniaIh4IA w flood control, the
development of hydro electric power, navigation,
F
recreation and other benefits whiah they are taking out of k
!
this laW at-the expense of these people wvo did not
want to sell their land, at he price we are asking, Don't
forget, gentlemen, even if you give our asking price, we
cannot replace this land because there is no more land of
this kind in South Dakota.

I. That briefly covers my statement.
j:
r., Haley. Without objection, the written statement
of Mr, Howard will be made a part at therecord at this
point.
(The etatemen reftered to followa)

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16 60,
197
Mr. Halay. The g ltleman from Colorado 1r. Ampinall
Mr. Aspinall, Mr. Howard, how much of an education
do you have?
Mr. Toward I have had a high school education.
Mr., Aepinall. You completed high school?
Mr. Howard. Yes, sir. +
Mr. Agpinall. Areyou married?
Mr. Howard. Yes, sir.
Mr. Aspinall. Do you have a family?

Mr. Howard, No, s r.
Mr. Aspitall, What war the annual net return from your
ranching operations for the last three ears?
Mr. Howard, According to my income tax statement, it
shows a loce, I have not been in that business too long.
Mr. Aspinall, What were you doing before you
were reaching?
r, Howard, I was a painter and E ioratoa.
Mr Aspinall, Does your wite teach?
Mr. Howard. o, She has been an off ie derk.
Mr. Aspintal. Under present conditions, how long
do you think it will be before you can get youratf
in the bladt on your ranching operation?
Mr. Howard, With good luek and the elements are

right, I should see a little ack in two or three years.
IMr Ai"nall, that tis all,
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1x, Uaioy, Tho gotllOlaau 'I w iuuL

kh Dalkotai I ,
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Mr. Berry, It might mate a little difference of i
getting in the black how bad you are eroded in by these
famili-es moving from the bottom? 1

Mr. Howard. They could hold me back. i
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Mr. Berry. There has been quite a little talk about

P
1
a variation in the amounts of intangible damages, both land '
i i
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i values and intangibles,
According to the MRBI,

on the Standing Rock Reservation.
the MBI figured $3,904,000. i

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The tribal figures are $7,871,000. Did you use any basis
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for arriving at your figure or wha-t basis did you use in

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establishing your intangible figure?
Mr. Howard. I am really testifying on the tangible
values.
Mr, Berry. Let us take the tangiblese The UBI figures
it at $1'r613,000, whereas your figures are $2,799,000,
p, Howard. Do you want ua then to show you 'w ve
arrived at that figure?
er. Berry. Yes.
Mr. MEtard, When I get through With this, I waouM
like to have this filed as part ca the record.

I
I
We have crop land, 1,379 acres at $53 an a re, the
total amount being $73,087, Meadow land, 1,0QO acres -
W.,Berry. Before you leave that, $M3,au acre yeu
could sell it any place, It is river bottom land,

i
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19
i . u r uvF.ww low, xilr, tbio IxXd by ;rs~lf%

M'. Bry. That is a conservative figure, I wuld NAY*
Mr. Howard. Yes ,sir, I want to-read on, Meadgw,

15,145 acrear at $43 an acre. The total is $62,652.
Sheltered pasture, 18,938 acres at $36, total $681,1768
Grazing land, 18,840 acreo, $22.50, Pal $423,900,
River wasl, ,116ARea at $ e

in$10,1520
The total of all this is a,84,159, That is for thea
land. i
The timber value, type of timber eave
mwWO fence ipostolo
down there with sumpage value -- 253,915 post at 30 cents
in $7'6$174o I
Cordwoolo 98,100 cord a at $4 a cord in $39J,712.

'
Cottorrwoo saw timber- 11,710lOOO board feet at
$1570 per tbouaad board feet is $184$92.
Thtt total la- -$688,238.

Xwill live you two total$. The-total value d
Imrvmetsin S$256,830, Severance dmp 48 230*

ki A
994 j A
This in a total of $2,79160C You diviEit 9619"
aIres i t h is$2,79,8,,it vil giive you an average iL
of $80 a: acre, OwX1 , A
W, Berry~~, That exavere the question I think. fFS~~lnki

Th~i~~B~a
/ IBMWHaley% The putttman from Nth ftro.1Bi n l

W, Shuford. oen unir
1 A
OVIII
900 K
Mr. ialey,I The gentlemran ro ULaLa a.
Mr, Metcalf. No.
Mr. Haley, PDoes QQUinsel b ve any quetionE?
Mr, Abbott, I have one question, The statementVwas
made that the. figtures Qn valuations were based on a 1944

value.
Mr. Howard, NO,
M, Abbott, I am Esorry,
Wt, Howard* We didn't sell any land since 1944.
Mr, Abbott, There is one additional question. You
perhaps heard the exchange or the testimony of Mr. Bigler
and the questions asked with respect to the dilter ncikin

this bill as far as fishing and hunting rights are
concerned. Are y ou aware ofi any reason why theara a i
difference in thi a bill from those of the other three
reservations?
M , Howard, I think it was based on our treaty rights*
We thought it was established by treaty rights. We were

asking to retain our treaty rights,.
MW. Abbot . It is the position of the tribe that those
treaty rigLhs wouldd have included the right to assign
or permit or lice ine those fishing and hb**ing rights?
, .Wward. I didn't quite get that, Mr, Abbott. i
MW. Abbott. I say that the peaotio9 the tribe is I

that under your t reaty, you should have the right not only
a
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201
Lo porpotually hun! aid fith Irn the tak l ig ea, but that
right should apply to someone that you might assign it to

Ci i !
or someone you might license to use that right*?
Mr. Howard. I think that would be right.
Mr. Abbott. i think that is all, Mri Chairman,
Mr. Haley, Thank you, Call your next witness.

yoCall
Mr. Berry, William Gipp will testify on the indirect
damage, i
,!i
STATEhOET OF WILLIAM L. GIPP,
MEMBER, STAbDING ROCK TRIBAL 4
COUNCIL.
r
Mr. Gipp. My name is William L. Gipp. I am a
member of the Standing Rock Sioux Tribe, I have served r
i oi
four years on the tribal council, I have lived on the
Standing Book reservation all of my life with the excepti-on
of two years in the armed forces during World War II and
about three years I was away employed during the dpreseion
off the reservation, The rest of the time I have lived
on the reservation.
I have been in the cattle business and recently in 1960
due to myhalth, I was forced to leave the cattle business,
and I am now Selective Sorvioe clerk for the loadG board
for the Selective BSrvice of Bioux County.
Mr. Hale,. You may proceed, dir,
Mr. Gipp, Thank you. The statement I have here to
make today are I guess the most difficult in that they 4re
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theI tangiblose i have aivwu
ri a a figure oat $7,571,000
The basic part of my statement I have written up, and the .
figures and so forth were to be entered, We have the
figures figured them out, and I did not get them in my
statement. We were to do this heoe in Washington but
due to the dates being changed, we were rushed here, we
arrived only this morning, and we had time enough just
to set our grips in the hotel and come right over. So I
believe on any questions that might pertain to this
intangible damage, I epobably will have to ask the assistance
of our attorneys, )., ,Sharps and Mr. Case,
Our intangible damages are divided up into three
different parts, X believe. We have the loss of timber,
that is over and above the actual standing timber, Also
on wild life and wild products, fruits, vegetables and so
forth, that grow wVid in the river bottoms,
I will try to just state briefly on the loes of
timber, which, of course, affects the less of the wild lige.
I think it had been mentioned many times already this
morning and this afternoon that eor commnal way of life,
we bave eess to tie biaber at any time, we have access
to the wild game at any time. We abide by no hunting laws
Wee bt when we want. We can never replace the a of

emout
damage that is being done overEnd above the actual sta ding
timber we now haves It Ga d never be replaced _
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There is one thing I wafLed to ention,too that

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we should include in our intangible damage, and that
r
is that we have 17,637 acres of tribal owned lan d. Of

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that 17-;000, 10,473 acres will be inundated. We

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been unable to find anywhere in any report or an y survey i

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or any appraisal where we have been given any se verance I i
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damages,
t t 1 .5'
I believe that is about all, Iwould much rather 1
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answer any questions that I can, i
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r. Hlaley, I recognize the gentleman from Colorado, d
Mr. Aspinall, I can understand the poesiton you ; P

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take on Indirect benefits for timber, as well a those r P
for berries and fruits, but isn't there a poeotbiity -
that the indirect benefits that you may lose on tis w ld
d
game may be compensated somewhat and fully perhaps by the i r
fish and wild fowl that may come to that area because of .i
the reservoir?
1, Gipp The fish and wild f wl that youE o
mention we already have there We are now fishing in the
i rJ
I
Missouri River. a
1
Mr. Aspinall, I understand that, bht won't the,
fishing be better? Won't there be an opportunity, for mre
s
fisyh? I~
1
Mr. Gipp, There i a possibility, I would not ta
F
hwer they would stock a dam of that sort, If there to no I :~
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vaLo- sleawedW lhoUu yur ifiii ar is accustomed to running
water probably would not be as good.
Then the fish that i accustomedd to the dam, sort of
still water, let us say, would probably be better,
Mr, Aspinall. Y u also have wild fowl in that area
at the present time. It seems to me that it would be better Y,

I~
stabilized with a body of water such as this.
,r. Oipp. You mean water fowl, sir,

1
Mr. Aspinall, Yes. 1
Ii
Mr Gipp. Our water fowl in our country all migrates, i
It just goes through, and we get what we can while it is j:
going through. We do have a few ducks that stay the winter
over but very, very few, because there is no open water

i
for them, and there probably won't be even after the dam
is built. That will freee over in the kind of weather
that we have in our area there,
Ur Aspinall. That is all.
M,. aley. The gentleman from South Dakota.

Mr. eBary, I just want to say that you don't ave
to Worry about anybody asking you any question* to help
you out, You are doing a good job. I am hopeful that i
.1
in the statement you file, however, that yeo do cover the
differenee in the intangible damage# between $3,904,000 as

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set up in =I and the $7,571,000, Po that the ftll ;I
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com ttee will have the benefit of the variattion i these
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amounts. If you will be sure tim t they ar in your 1

I
statement and get it into the record so we will have the
benefit of it, I think that is probably all we will need.
Mr. Gipp, May I state here, Mr. Chairman, that I think

we can put it this way. We have used capitalization. In
other words, the MIBI has used 4 per cent.
i '
I
Mr. Sharpe. That is in the Report No, I38,i I will i
I;
say if you.will let me, we van't explain it, It will be

F
calculated on the basis MBIXC uses. For example, we have 5
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a report from the Range Conservation of the reservation that
ii
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the annual take of food wild life in 1951 was $80,166 That
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is annual. That game each year produces that much, and
those people use it up. Capitalized at 4 per cent, you

1
have something over $2 Million.

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The reason Standing Rock is so much higher than the i

1
others is because Standing Rock has more timberthan any i

of them, It has the two great big rivers, the Grand and
Cannon Ball, and te

they hav
ae timber back always but that Will
i
be flooded. I won't go into too much detail, but I

i
will file in the statement that I will file where your' :i
cleik" '- can turn to it, and practically establish that
this was calculated fram government reports,

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That is the ansawe. Xouis couas spell it out,
ir"
M. Gipp. I will read the short ;aragraphbe.
It must be borne in mind in determining our damages that
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t ~;Tl*?;1
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this wn tLU CudQILQ

lu ll U wG'hwv had in the pnot, ad c
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which we could expect in perpetuity. i if

,
In other words, this
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$86,160 is an annual harvest take.
I
Capitalizing that by $86,160 as the annual take of

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~ I t
these wildlife resources at 4 per cent, which is the i'
P
I,
I1 ;ii
percentage used by the MRBIC -- then it refers to page 13 ; i :f
r:
of the Report No, 138 of April 1954 -- means that the i

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i
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resources alone are worth a total of $2,1l4,000, and all
of which
t is being taken away from us forever It is last
r
one element of intangible damages, but substantlA in amount' r I ;
It is a community resource, I
i t
'rSharpe. Can I supplement, Mr. Chairman, what he

i I
said? In addition, you capitalize the wild products I
1
which are the fruits and vegetables, and we have a figure
to base it on , We capitalized the annual harvest of

i
the timber from accountancy strictly items of intangble i
damages. We have a calcula ted figure. I i
I. erry. How many miles of river front is there?
Gpp.
re. Between 80 and 100 miles. If we say 80, I
we would be short,
WM.Berry, 5o actually you have a greater aount of

i
river claim than the other tribes here? I
?:
j
r, Gipp. I imagine so, i
f$
Wr. saley, The gentleman from North Carolina? I .B
r f3
Sb.
Bhauord, I don't believe I have Any question, i,"
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The g*411ouun from Mntanavi
me:oolf. Have no questions,
much,
SbAr'Pe. 11e DOW file$ his written s8tatement,

H9ley 5 . Without objection, it will be imertddi
In the i's
(The Otatement reerredto folloWN41)
lJ
toi
I '7 ipW
Mr. Gipp. Mr. Cbhalr~a , Iwvuvld likue o make a few

brief comments on some statements made thi morning
M. Haley. You may proceed,
Mr. Gipp. I would just like for' he committee to ik*e
into consideration the statement made by the Interior
Department, I believe the statement -- I don't recall the
exact words -- referred to this $7 million that we are
requesting for indirect damages be included or added to
the $16 million rehabilitation program Then it would be

earmarked for other purposes,
The rehabilitation program we know that to rehabilitate
we will have to consider those who need rehabilitating. We
feel that the $7 million from the intangible will be more
or le.5 of tribal affair, In other wordO it shoal4d be

used where the tribe In general will get the full benefit
Mr. Shuford. I would like to ask one pAestion, Do

I !
you feels, then, that the compassation for the lan
aud the compensation far Indirect damages actually
constitutes the damages for thetaking of the land as
distinguished from the rehabilitation item?
Mr, Gipp. Yes.
9r Shuford, The rehabilitation item is something
separate and apart fao the damages for taking yeavrlaudi?
W . Gipp. No, there is an indirect connections
L~*~ifor
, fL~a, rl i* -- l ryYc.ri.lw. uu. -I- i--~w~ir
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a 209
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Mr. a nuxur. wi i wavI connection? i rr
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Mr. Oipp, We have 170 or 190 families that will 1

i i
be moved out of the taken area. As Mr. Wellingtop, the Ii : i i
V
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superintendent, showed you, within a distance of six miles

I
I
r 1
back from the river all the way up on that 80 or 100 I
j
r
r i
a
i
mile strip of river, 80 per cent of us live there. If we i
i
i
are going to move out, I don't suppose that we are going to i it
move too far away. We are going to-tryto stay in as lose 3
as we possibly can.
j i t
3
Therefore, it is going to disrupt the whole reservation i
to a certain extent.
I Mr, Shuford, ow many acres o you have in your 1 ii

j reservation? There is nearly a million acres in the
reservation, is there not? I i 1.1

i
Mir.ipp. That is right,
Mr, Shuford. You are going to move out 190 f lilies? j

i"1
t
tr QGipp. Yes, sir. 3
.i r
)b. Shuford. That is not going to disrupt it too esuch, j

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a
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is it? I
i
MP. Gipp. There is approximately between 3800 and

j
4,000 a f us living there now. It is very crowded along I
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the river, I
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bfrd,
Mr.hu, Is it crowded?
r 1'
r . Gipp. Yea.
Mr. Shutord. The whole reservation is pretty e owded? .i ii

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*1
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4
'v
X10
* Xl i i*
Mr. Gipp. Thore i so Uchi u laud that is non

1w
Indian land. The whites have bought it, It has been sold.
Where there is Indian land in the outlying areas, the !
white man has it leased'because he owns probably all the
key tracts around it. The land is practically useless to
us or to any other member of the tribe,
Mr. Shuford. The land that the tribe has rented to
the white man you get a fair rental fee for it, do you ant?
Me. Gipp. Yes. What I meant is that it would be i
impossible for us to set up a unit or to make a livelihood.
We could not get a unit large enough.
Mr. Shuford. These families that don't live down on
the river bank, do they make a living off the tribal land
or off the land that they own?
Mr. Gipp. Yes, there are some of them that own
land and have bought land. But they were operators, I
think if a person would take a survey, they were cattle
operator s ome years ago, and they accumulated enough money ;
to buy the key tracts. So they are operating very
similar to the non-Indian operator.

i iK
Mr. Shuford. They are able to make a living there.
Mr. ipp. That is 10 per cent, yes,
Mr. Shuford. There are others that live up on the
reservation not on the river bank. What acreage do they
have per family?
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~--;~j~~~LL**^~--YLII~~ Yri- -~II~WYr Y m Iri ~Lli.
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Mir. Gipp. The ones who live off the river
Mr. Shuford, Not on the river bank, but live up
on the interior of the reservation, that are not within i
the 10 per cent class. What acreage do they have for
operation of their cattle?
Mr. QGpp, I see. I believe I would be safe in saying
that you could not consider anyone who is actually -
realizing a livelihood out of his enterprise unless he had
3,000 acres We estimate 0 acres per cow. If you had
100 bead of cows, you would have to have 8,000 acres.
A 100 bead unit is not too big. If you get below that you
can hardly operate.
Mr. Shuford. I think that is all.
Mr, Haley. Thank you.'
Mr. Sharpe. We would like to recall M , Lan Howard
to start the rehabilitation, I think he has a written
statement which he can file and then briefly summarize it,
Mr. Haley. The gentleman has already been identified,
BTATQMNUT O1 DAN HOWARD, VICS

CHAIRMAN, STANDING ROCK TRXIBAL
COUNCz , MRRMSTOWS,8, D. (eaumed.)
Mr. Howard, Mr, Chairman, would it be possible to
call on our superintendent to make the opening statent
on rehabilitation?
H Haley.
l. Any way you wish to present your view
will be perfectly all right with the Chair. We would like
i.
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'to mOvQ along ai Ua

i am we posieJiLy can while giving
you a full opportunity to be heard. So you may proceed
in any manner in which you proceed,
Mr. Howard, Mr. Chairman, the reason I called n
Mr. Wellington, we have prepared a ohast trying to-show
the dollars. We have it broken down. As indicated in
the bill we have 20 per cent earmarked for higher
education, Tih is the reason why I wanted to call Mr,
Wellington,
,!'
Mr. Berry. I think that is a good idea,
Mr. Howard, Sir, this is a chart of the dollars,
Where we got the idea of this dollar is from another man
will speak on
wboopeak o education.
e aoll I will point out education
first, This 20 per cent ia what we had Included in he bill,
My part is on agricultural loans, If I can briefly read
this short statement, I would like to do it,
The lands of the Stadlng Rock Reservation have never
been fully used by tribal members. The Sious people have
never utilized their most valuable resource "Land" for their .

own gainful self-employment in farming and livestock
operations due to the lack of funds for agricultural loans,
There were 6,061 head of Indian battle on the Standing
Rook reservation in 1954. During the name year there were
28,838 head of nonIndian owned cattle and 17,640 head
of sheep on the tribal and allotted lands of the
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~~L~iirXjiijidLUY.. -i:- .LUP.1IIU....~.i-i II~YV-)PIY~i-~L~I~L~LW~II~YIII
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4 1813 1
reservation, a0 3,3 9 acre of roervyatio was used 1

; ;
by tribal members for crop production duringthe past year. i e
r
36,032 acres of reservation was leased to non-Indians for
the production of grain, corn and hay. These comparisons ;
positive proof of the need-of funds for agricultural loans
to tribal members if the last resource of the Standing
Book Sioux is to be used by the Indian people. Just
because a majority of the Indian people have remained and
live on the reservation, it does not mean that they shoudl
all be farmers or stockmen. There is not enough land
for that many economic units. Perhaps 15 per cent should ,

i
be farmers or stockmen. But that 15 per cent should have a
I
an opportunity to borrow enough capital to allow them o r
I
I
i
purchase enough livestock, farming equipment and operating
f
funds to have a large enough unit that the income would i b
allow them an adequate standard of living, increase their

-1 i
herd or lands and to make substantial annual payments on B
t ;g
their indebtedness,
it
To do this there will need to be sufficient funds to
make all of the necessary initial loans for it Will take

r?
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several years before the rate of interest and loan payments 1 1 f t;
1
will make the agricultural funds revolving. Livestoak P
.
operators and farmers needing to purchase land would make
land loans tmh the Land Purchase funds of the iI

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rehabilitation program, The arigUltural loans would be i.
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1
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" ' ';. i~'~

:
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divided into three main headkiag ' (1) LLYvestock Loans,
(2) Farm Loans, and (3) Livestock and Farm or Diversified
Loans.
LOtD . -
Livestock Loans, $19,000 per unit
Farming Loans, $11,000 per unit
Livestock and Farming, $17,000 per unit.
Total, $3,000,000,
Home loans is this one. It is recognized by all that t e I
I is a definite need for a housing program for the Indian |
| people on and off the reservation The housing conditions
on the reservation have long been the subject of criticism
by Indian and non-Indian alike, It is realized that it
Iould not be possible to initiate a home building program
on a grant basis to all enrolled families of the
Standing Rock Sioux Tribe. It is known that many homes
could be and should be repaired rather than new
construction. The Home Loan planning includes Working
out details with representatives of the Federal Housing
Administration and other lodal real estate firms, The need.
for abstracts, titl, mortgages, accounting for payment of
interest (small) and principal and other administrative
functions would be handled from tribal administrative funds.
It is not possible at this stage o% the plavnnifgto i
estimate the number of individuals who ~ould request home
repair or ew construction, For planning purposes and fr om
~~|
*
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a general knowledge of reervation conditons iniDmu Jj i ;
requirements and amounts have been established as a minimum
amount necessary to carry on a Home Loan Program.
Estimated Needs
Hosae Repair, 300 homes at $2,000, $600,000,
Homes-New, 75 homes at $4,500, $337,500
Homes-New, 50 homes at $5,000, $250,000'
Homes-New, 50 homes at $6,000, $800,000,

BarnsryNew, 100 barns at $2,000, $200,000.
PrivieTNew, 500 privies at $75, $37,500.

Machine sheds, granaries, abicken cooper and wiring,
$275,000. ;
Total of $2,000,000.
We have the need for business loans. All Indian
people are not interested in livestock and farming
operations, This is true among the non-Indians. There

nerer has been a plan or opportunity for the Indian
people to have an available source of funds to loan for any
type of commercial or small business. This has been fully
discussed by the Council andmembers of the tribe. They i

are aware of the many problems they will meet, It has
been agreed that $750,000 should be set up for business 4i

loans. No definite amounts have been set up, Loans may
be made for the purchase of service stations, small garage,
beauty parlors, plumbing shops, body shop and other like
i- f~
operablotui. Sbusincoa
That is what has been detailed to me on this
rehabilitation, I think there are other witnesses.

I1-Y
III
Mr, Aspinall, Mr. Hdward, if Congress should see
_I*I1~iL1Y
fit to authorize the expenditure of the sums of money
called for in this bill, how long do you think that your
people would be able to carry on.I without making further

:.
requests on Congress?
Mr. Howard. I don't know how to estimate that in number
of years I.
, think everyone realizes that has anything
to o o with rehabilitation it would take roughly, I would --
say, on some kind of business five years, some kind of i

business 10, some 15,
Mr. Aspinall. Is this program that L proposed in
this legislation now self contained within itself so that
if it starts, it will carry itself on, and your people
will be in a position to carry on without any frthe
reqats to Congress?
Mr, Sward. Yes, if we can make this money do what If!
it is supposed to do.
Mr. Aspinall. Il you can make it do what it is
supposed to do. If CongresP grants the moneya f thb

Eproram which you have been working on, and the part 1
whih you presented to us here- and I suppose you kWae
something about the rest of it, that es involved on the
i I
circular dollr -- tha should o the job?
M . Howard. Yes.
Mr, Aspinall, The people of your tribe should be

able to carry on then, and take care of themselves, 'and those
that wanted to leave the reservation would leave and
become integrated with the rest of our people, and those
that wanted to stay would be able to do so without i
coming back here with further requests?
Mr. Howard. Yes, sir,
W. spinall, That is all, Mr, Chairman,
Mr. Haley. If there are no further questions, thank

you very much.
Please call the next witness,
r. Berry, The next witneso I thakt is o. Ankle,

Mr. aBley. Will you identify yourself for the record?
STATX NT OFPMRS, 1THE3L AU ,
N = IENER
MEG-OATISECOMNTI0X1,
Vre. Ankle. My name is Mrs. lthel Ankle. lamn a

member ot the Standing Rock Sioux Tribe. --
W. 8e1. You may proceed, Mrs. Ankle.
Mrs. Ankle, I a en tne Negotiating

gOm ttee,
Mr. Haley, Yu just eel comfortable here as Ihough
you are talking to your Congreosman, you Just feel at eas
and hae any statement you care to te Weare-glad to have ye,
Mrs. Ankle. I am here to tell you that we are long o

818
wild frult. There is a lua liuo o r ve wildlife.

Especially tothe low income families these wild products
tide them over until some food can be obtained. Wild fruits
that go along the Missouri and Grand River are as follows

i!
grape, cherry, plum, sand cherries, buffalo cherries, goose
berries, currants, June berrie ~and rose berries.
These fruits are picked and dried and cured and put
away for winter use later. It is also canned as sauce and
jame, jellies and butter.
One of our pictures shows that it has been canned,
and you saw the picture. It is also eaten fresh during
the season. It is also made into pudding,
Wild vegetables are as fol lows: articbokes, mouse
beans, turnips, mushrooms and teas from leaves eUQh as
catnip and bark from cherries, plums, juniper and wild
roots and elm.
There is also a loss of wild hunting, and also the

tobacco. We are losing all this because of the taking
area. When it is completed, it will be a complete losa to

the tribe. That is all I have to say on that,
Mr. Aspinall.(presiding). Does the gentleman from
South Dakota have any questions?
Mr. Berry. No. I just want to commend Mrs. Akle.
Do you have a statement to file in addition to what you

have said?
h_..~__ ..~11..1-.
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219
IMrf, Ankle. No, I oote it out, I
Mr. Berry, I just want the committee to know
that Mrs. Ankle has raised a family and put them all '
through high school, and one graduates from college
this year.
Mrs. Ankle. He finished June 6.
Mr Berry, So when Mrs. Ankle says that other people
of the Standing Rook Reservation can do the same thing if
they want to, and if they have a chance, she knows what
she is talking about. Thank you very much.
Mr. Aspinall, I have a couple of questions.
If this reservoir is built, where will you get your
wild fruit and vegetables?
Mrs. Ankle, I don't know, We will have to plant some
tame ones, I guess.
Mr. o
Aspinall, ow, with respect to the intangible values
for which you are claiming some damages, I understand that
the fund for these losses is to be set aside and every
year the tribe is to receive 4 per cent interest from
that fund to make up the difference so that you can purchase |
these commodities. Is that right? If you can not answer --'
it, maybe the Governor can,
Mrs, Ankle. I believe so,
Mr. Aspinall. That is the way it is to be taken care j
of, rather than depend on any place to grow those

f
~Sp~r*
-;
~- ---- - ----------- ---------- - ----- ---- ---- f*
ip *i
product that you are loMing, -Um would just have to

ii
purchase them, is that correct?
Mrs. Ankle. Yes.
Mr, Berry, No, I don't think that is entirely correct.
This s just a payment to the tribe to make up for this
los, and part of this moneywill be used to help them
locate somewhere where they can supplement what they are
losing.
Mr. Aspinall, You showed mie these pictures, and you
told me they were moving away from the river bottoms an

a
that is where these fruits and vegetable s grow. If you

4 ii"
don't have any other river bottoms to secure these products
from, where are they going to get these fruits and vegetables?
Mr. Berry. They won't be able to get any, Mr. Chairman.

Mr, Sharpe. That tI rigbt. That is where the loss
arises.
Mr. Aspinall. That is what I wanted to know. One of
your witnesses said that was the capitalization value is i
that right? I
Mr, Sharpe. That is right.
Mr. Aspinall. Do you intend to put that money out to
interest, and see that each member of the tribe gets a
proportionate share of it to buy the products which will I
no longer be avAilable ?f~m the lands of the tribe?
MU. Sharpe. The rehabilitation program does provide
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ii
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for a land purchase elewut to retore lan4du t t are lost, I

No doubt under proper admini trtion that is the way j j
they would do it. The capitalization formula was to
evaluate in terms of complete dollarship what this
fruit and wild life was worth. She has a much more
complete statement which shows all the wild prcd ucts and wild
animals.
Mr. Aspinall. I understand that will be put in the
record, and it is so ordered.
(The statement referred to follows:)
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Mr. Anpinnll. .dr Lho lai i 0a jaent to the

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.
reservations which dould be purchased from these funds
i
i
which you desire to secure that could be used for the ' .
purposes to produce the product which will be last because Si
i'
of the taking for the reservoir? i!
; '
Mr, Shape, They could in time develop them in the
I
further reaches of the Cannon Ball and the Grand, But the
They *i :
reservoir is flooding out clear to the timber line.
can take this money and start developing in the other rivers.
Mr. Aspinall. I understand that. I am worried about 1

i
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i I .^
whether or not they are going to have these products in
Si
the future. i ' s
' ,
Mr. Sharpe They are not going to have those products I
in the future unless they grow them, because this river is
taking all they have,
Mr. Aspinall. That is all I have. Please call the
next witness.
Mr. Berry. Mrss, Paint. HI

5TATMINT lOF
MRS. LOIS PAINT,
MWERCBOr THE STANDING ROCK
SIft X TRIBE.
Mrs, Paint. I am Mrs. Lois Paint, member of the S,
Standing Rock ribe. I have lived .there all my life, you

I
:p
might say, My part on the rehabilitation is for a children's
* .i
home to be built on the Standing Rock Reservation,
;!
Due to the increase of children of the dependent grop, * :1
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ru~_r~,iYLt~- ^ri ylY~unuuiir~
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the Govorning Body of the Btandig ock Tribe feel that it
is of the utmost importance to make these provisions for
them. It Is decided by mutual agreement that some
contractual agreement be executed through some tribunal
to provide these funds to defray the costs ft thie oare
and training of dependent children of the Standing Rook
Sioux Tribe.
- We have no orphanage there, and it is just a problem
of putting these orphans in one home to another, It is
not good for the morale of the children, I don't think.
The other part of my presentation is the home for
the old people or care for the old people.
In accordance with the records maintained at the
Standing Rook IWnian Agency, it is found that there are
208 family heads 65 years old or over. ow, therefore,
it is for these people that the Governing Body of the Tribe
has done a considerable amount of planning, In contacting
a representative of a private organization operating an
old people's home, it is decided that some feasible plan
can be reached through contractual agreement to operate an i
old people's home for the Standing Rock Tribe.
This problem of proper care for old people,
especially the ones who are bed ridden or semi-invalids,
these old folks are more or less burden on the young folks, i i
They expect them to stay with thet all thetime

h and look
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after Ithem, and thou the yuu1Truiiw oanpt get out and
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make their own living. It has gotten so it is an I
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indirect means of the old folks sharing their old age
1
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assistance, and that is not very much for two families to I

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live on, I
I
So we figure if we had an old folk's home to take care I
1 . \
of the old folks, it would kind of solve the younger ones'
i
problems, too,
I
I
I think that is about all I have to say. 1
r
Mr. Haley.presiding), Does that complete your I
statement?
Mrs. Paint. Yes, that completes my statement.
Mr, Haley, The gentleman from Colorado,

.i
Mr. Aspinall, Mrs. Paint, are you a housewife or do you
work for the Indian Service?
Mrs. Paint. I am just a housewife,
Mr, Aspinall. You are interested in the care for the
handicapped. Is that the reason you are appearing here i

today? 'i
Mrs. Paint. Yes.

i '**
* i
i
Mr. Aspinall, How many orphans do you have among the
tribe? i | '
Mrs. Paint. I don't have a figure. hey are just i ^
placed from one home to the next.

Ii
Mr, Aspinal, You do not know how many there are? i
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p,
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F i:,
i
Mrn. Paint. I haven't the figure on hw many thbpe are,
Mrg Aspinall. What is the percentage of the dollar
that you set aside for the children's home?
Mrs. aint. A little over half of one per cent,
Mr, Appinall. I believe you said there were 208
family heads who were over 65, I understand by that
reference, you mean that those people are indigent ard arie
unable to take care of themselves, and they don't have th he
funds?
Mrs. Paint. No, that is just over 65 years of age.

Mr. Aspinall. How many of thoie would it be necessary
to secure housing for?
Mrs. Paint. I wouldn't know offhand.
Mr. Aspinall. Youdon't have the number ca those
for whom old people's housing would be neoeaary?
Mrs, Paint. No.

i
Mr. Aspinall. I think that s all.
i
Mr. Haley, The gentleman from South Dakota.

i
i
Mr. Berry, I don't think I have any further questioea,
r i
1
I
I think you made a very fine statement, Mrsg Paint.
I
Mr, Ealey,. The gentleman from North Carolina,
Mr. Shuford. Mrs. Paint, you suggested the building

i IjI
of an old people's home for $80,000, and a obildrqn's home lj'
I -?
for $100,000. How do you propose to keep those homes up i
i ir
after they have been constructed? Where will you get the
I
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880 I
money to opornte the homoa'

.
Mrs, Paint. I understand there was supposed to be a
percentage taken off from some of these big figures,
Mr. Shuford. Is there any provision made for the
upkeep of those homes, or is that just for the construction?
Then I would like to know the difference between old
people's housing -- individual, I think it is, of $830,000 -
and the old people's home. What is the difference?
Mrs, Paint. The old people's home is for semi-invalids'
and invalids. We have a great many on the reservation,
They won't avcept them at the government hospital because
they don't need any medication,
Mr. Shuford. What do you mean by the old people's
housing?
Mrs. Paint. That is straight homes for certain
families that are at the age where they can hardly obtain
a loan yet,thyy are able to take care of themselves,
Mr. Shuford. Would that be contributed to members
of the famay? I am speaking now of the old people's
housing. Would that sum be contributed to individuals for
the care of members of the family that are old or aged or
what does that refer to? i
Mrs, Paint. That is old couples or old people
that are not eligible for loans, but who still can take
care of themselves, and need assistance of some kind.
i,
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Mr. 8hurord. That would be nsis tance to the older
people of the tribe, as I understand it.
Mrs. Paint. Yes.
Mr, Berry, If the gentleman will yield --
Mr. Shuford. I will be glad to yield.
Mr. Berry. As I understood the program, and you can
check me if this is not correct, you plan that a
certain amount of these funds should be used as a grant or loan

t
I
to these old couples who are living on their own lot or land
who now are living in a sod or log shack with dirt floors
I
and a side rood or something like that, to fix up their
homes so that they would have some decent place to live,

t
Wasn't that the theory? -
I
Mrs. Paint. Yes.
Mr. Berry, That is this housing for the old people.
Mrs. Paint. Yes, they would be given this home for I

I
a lifetime assignment.
Mr. Berry, The title would be held by the tribe,
and they would have it for a life time assignment so it
could not be herited but it would be available to some
other old couple who are in need of it, is that right?
Mrs. Paint, Yes, that is right.

I
Mr. Aspinall. I understand there are 280 of them
or thereabouts or are there just 280 that are over 68 i r
years of age? Are there 280 of those old people that need t
2- ~~~_ sua~~au~i
* ' ;
that kind of bh.wing at the present limo? ;
Mrs. Paint, That is what the welfare man says.

i \
Mr, Sharpe. They have a welfare man on the reservation, i
She says that is what he says.
Mr. Aspinall. That is what I want to know. That is
where the 280 comes in.
Mr. Shuford, There is one other question. You dQo't
know of any provision made for funds to maintain even the
children's home or the old people's home. All that is
allotted there is Just for the construction of the building,
is that correct?
Mrs, Paint. We thought we would operate like
these old people's homes that they have in different parts
of the state. They get old age assistance, and that would '
cover some of the expense,
Mr. Shuford. That item 19 there for old people's
home and item 18, children's home, that does not constitute
old age assistance. It appears to be for the construction
of two separate homes. They get te

the month payment under
the old age assistance.
Mr, Berry, They turn their check over,
Mr. Shuford. I don't know whether fhey wpuld turn
their check over-or not. People are not anxious to turn
checks over that they get from the government to maintain
those buildings. I have no further questions.
i
47'71 ^
,1, ^
Iley, Mr, u
Mr. HoIeQMv E r I j
Mr. Abbott. Just one question of Mrs. Paint, if she i
knows the answer, It has been called tothe attention of
the committee that in certain plains Indians' areas, there
is a disproportionate balance of men to women. I think
the Rose B'ood Reservation in South Dakota, it was pointed
out that between the ages of 6 and 60 there ewersome S300
females against about 1800 males. Do you of your
own knowledge know whether or not you have any problem of
the men and women on the reservation?
lrs. Paint. I am sorry I do not know.
Mr. Abbott. Do you Bave a hospital presently on the
reservation?
Mrs. Paint, Yes, we have.
Mr, Abbott. You mentioned some of your invalid
Indians. Are some of your older Indians at the hospital or
at a clinic of some kind?
lrs. Paint. o, they are not.
MW, Abbott, Do you have an out patient clinic there
where the people may come in just for immediate medical
attention and then leave?
lMs. Paint. Yes.
Mr. Abbott, This old people's home would actually be

a residence for those older people who are unable to administl
to themelves and take care of themselves? I
,~ i:
Mrs. Paint. Yea. -
Mr. Abbott, That is all, Mr. Chairman,
Mr. Haley. Are there any further questions? If not,
call the next witness.
Senator-Case, we are very happy to have you with us.
Would you sre to make a statement on these one, two or

three bills we have under consideration? Your distinguished
colleague, Senator Mundt, on the other side of the House,
just made one, and we would be happy to have you present your
statement
STATEMENT Or HONORABLIE FA1NCI3A I :,

MITED STATBS SEATOB FR1OM T E
STATE \
0O SOUTH DAKOTA,
Senator Case. Knzing the thoroughness with which
Congressman Berry presents matters, and Governor harpe,
I am sure you will have the complete and full presentation
of the details of the merits of the three bills that you
are considering.
I do appreciate your invitation, though, and would
like to say something for Just a few minutes, and I will
not detain the committee long.
The one point I should like to emphasize is that you
have a common problem running through all of the Indian
reservations located along the Missouri Rive.' in the Dakotas.1
The Congress had the problem in connection with theart
Berthold Reservation in Nvth Dakota, Where the Garrison

231
Reservoir is loFaNT. TOO nave aalt with it in
connection with the effects of the Oahe Dam on the
Cheyenne River Reservation. In the bills pending before
you you are dealing with it as it affects the Standing
Rock Penervation, the Lower Brule and Crow Creek. The common
problem of all of them is what when you build a reservoir or
dam, you flood the bottom lands, and seeing who you have
as me'abers of the subcommittee conducting this hearing, I
know that every one of the members a this committee
realizes that when you tale te bottom lands away from
brakes and the uplands, you have destroyed the economic
tie that makes it possible to have a sound livestock
enterprise.
That is true whether it is an individual ranch or
whether it is a reservation as in this situation we have
large holdings of land where the Indians have operated,
and have had an economy built upon a combination b~e of
the land wvf the meadow lands. The meadow lands provide
the hay, the winter shelter and the feed crops that have
to be grown by cultivation, and the uplands providing the
range lands where cattle can be ranged during the grass
season.
So you have in every one of these reservations a problem
which is never answered by looking at the price of an
individual tract of land back away from the river where it
' '
*1
ha been apprAu ed according-to It, utrnding alone where
there is not Cas combination. If you were tosdamine
individ l tracts of lad where you have a combination of
riber bottom land and range land, you may thereafter
ranch whDre you have this similar problem. But if you
take tracts of land in a county where the upland is involved,
you don't get a proper appreciation of the value of the
land, or of what it does in destroying an economic unit,
So the point I wanted to make was that in dealing with
these Indians, it is the same problem you had on the Cheyenne
agency of establishing the fair valuation for what some
people call severance, for what some people call the
intangibles, which means the destruction of an entity of
land from an economic standpoint. You cannot take a single
tract away from the bottom lands and get a fair price for
these lands,
The details and the figures that you have here I
have gone over with the tribes at different times or their

i'
representatives, and I am not going to burden the committee
with that. Knowing the comprehensive treatment that you
are getting on this from these who are presenting it, and
knowing the judicial character of your committee, I am
sure you will do equity to these Indians. Certaily you
are not going to treat them worse or any less than the
Fort Berthold Indians or the Bheyenne River Intans, who

R8
aru axorns .m .inm r vwr, wpuare facing th same
problem created by the same general authorized Missouri
River program,
If there are any questions that you have, I would be
glad to answer them.
Mr. Haley. I thank .the distinguished Senator for his
statement. Does any member of the committee have any
questions? If not, thank you, sir.
Senator Case, Thank you, Mr. Chairman,
Mr. Berry, Jim McLean.
S STATEMENT OF JAMES McLEAN,

MEMBER OF THE STANDING ROCK
SIOUX TRIBE,
Mr, McLean, My name is James McLean. I am a member
of the Standing Rock Sioux Tribe. My residence is at
Wakapala, South Dakota, I have a short item here that I
would like to read for your consideration in connection with
land purchased.
Mr. Haley. You may proceed.
SMr. McLean. The original Standing Rock Reservation of
North and South Dakota had approximately 2,332,798 acres,
By treaty, Acts of Congress, and individual sale of the
original lands the total area of Standing Rock Reservation
today is 987,593 acres. From this, the construction of
the Oahe Dam and reservokrwill take 56,000 acres of the
finest hay, crop and winter grazing lands on the

234
reservation. It will tank mnnUy acron of land purchase to
replace one acres of the land that is being sold. Some
operators may already have some land holdings. It is not

possible to say thatso many operators would have to
purchase a definite acreage per individual, It is

generally recognized that an economic farm unit should
have about 800 acres. A livestock operator by owning
his hay land, winter pasture, small acreage for feed crops
and home site would need around 1,200 acres and would have
to lease additional grazing lands. It is possible the
farm operator should lease a part of his farm land. On

this basis and averaging the grazing land at $15 per acre
and the farm land at $25 to $30 an acre, it would take
not less than $2,500,000 to rehabilitate 140 operators
with loans to purchase lands. The amount requested is

$2,500,000 for this project.
I has another item here on social and economic survey.
It is necessary that the Standing Rock Tribe have a complete
survey of their social problems and economicresources.
Matters of housing, delinquency, school attendance,
welfare, law and order, health and other social problems
should be studied in the best interests of the tribe. The

Standing Rock Sioux people should have an economic survey
to find out if there are any natural resources on the
tribal and allotted lands that would be of commercial

1 I
11)
value, wwwnrtv*a . i
mr j xgr oil, gaI, *t era4s
(lucluding testing our becds of lignite coal for uranium) I
should be made at an earl y date. The need for such a
survey would be a benefit to all the tribal members.
That concludes my st atemsnt. If there are any i
questi ns, I would beglad to answer them.
Mr. Haley. Do you have a written statement which
you would like to file?

| I | '
M'. McLean. Yes. ,
Mb. Haley. Without objection, it will be made a
part of the record at thi s point.
(The statement is as follows:)
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Mr. Berry, Mr. Chairman, I Jou'4 inluk I br any ,,
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questions to ask, except to commend Mr. McLean on a good
statement, I want the committee to know that I have known

;i
him for many years, and he is a very capable fellow, and r i
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a very good member of the Tribal C<uncil, 1
I,
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Mr. Haley. If there are no further quehtiona, r
thank you very much for your statement. b
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Mr. Berry. The next witness s is Isaa Hawk.
STATEMENT OF ISAAC HAWK, SECRETARY,

STANDING ROCK SIOUX TRIBAL COUNCIL. :
1
Mr, Hawk, Mr. Chairman and members of the committee, I
my name is Isaac Hawk, residence address, Wakapala, South
Dakota, member of the Tribal Council, Secretary of the Tribal I

I
Business Council. r
I have a brief statement here in regard to community
activity, providing the Congress would go along with us
on this rehabilitation that we are asking for at this time,
In order to provide facilities for each district of the
Standing Rock Reservation, it is of the Councils opinion
that it is a primary problem to provide planned activities.
Planned activities throughout the isolated districts would
tend to take up the idle moments of children and minors
which is a factor in the breeding of juvenile delinquency,
We have to have a good sound program so that we may prevent
a lot of juvenile delinquency that is existing on our

! f
S* ,
I
i
rewrvation, Probably that ix a moral- matte. We have
i
1
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churches, we have schools, but we haven't had the place
where we can have those wholesome, sound regulations or 'i

i:
entertainment or whatever you want to call it. That is
why we ire here today hoping that the Congress will !

i
consider our statements, and the breakdown of our justi- I i 1
fication on this rehabilitation program.
One of my members will file a statement as to what
I have said and a breakdown of that justification
Then I have another one that I am slated on to talk I i L

I I
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,
and that is reservoirs and reseeding. In order to have +, ', ;
j
I
adequate water supply and earth dams -- what we call reser- S 'i
voirs -- we need a lot of that in our upper land, because
we are going to lose our bottom lands. We need about 238 U i^

i. , i
of these earth dams on our reservation so that we can r
1 !!
water our stock, Of course, we have the back water of I !
:
'
this Oahe Dam but it would be very advisable to try to
water the stock along the shore. i i : ii
The breakdown of this also will be handed to you for

i I i :
your files.
That is all I have to say, Mr. Chairman.

'* ; !
Mr. Haley, Thank you. Are there any questions'r
' I
Mr. Aspinall. I think that is a very good statement, * i
Mr. Hawk, I am glad to see that you folks are thinking of

i I
something concrete in order to help take care of the
i*
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Ilr~i~~i,..... ., .,~. ____.. .... ~_.. .. .... ~ .,_,,.,,i,,.,_~,.~_..~.. .... ,~., .~__,.,...~,~Y ~Y; *~L1IYll(bl
U~~-i~L(ULi~*Yd~jhlYW~f~LL1
juvenile delitquency progra amelayour people, I akked
Mr. Howard a while ago if he thought if we granted this
whole program, if it would be all that would be necessary
to further the ecoao y of your people sothat you
would not be back herel0 or 15 or 20 years hence for
additional help. Do you tbhk this is sufficient if it
was give to you, and you can 'take hold o it right?
Mr. Hawk. I won't commit myself at this time.
Mr. Aspinall. I think you are a smart man,
Mr. Haley. Mr. Berry?
Mr. Berry. I just wish to say this, Mr. Hawk.
There wae about a million and a half dollars in relief
that was spent on this reservation. If these people had
an opportunity, those of rehabilitation age from 18 to 40 or
45, to learn trades and to get out and make their own way,
they would not be on these relief rolls, would they?
Mr. Hawk. No.
Mr. Berry. I think that is all. Thank you, Mr. Hawk,
for a very fine statement.
Mr. Hawk. Thank you.
Mr. Haley. Call your next witness, please.
Mr. Berry. Louie Thief.
-- -- ---- -I- -- ~,-

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BTATlEMIfT W MR. LOUIS THIF, j 'i
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"MER0, BTANDINC-ROC; O10
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TRIBE,
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Mr. Thief, Mr. Chairman and members of the committee,
r I want to say that I happen to know two men here, Mr. Case--
r
5r I forget his Indian name -- and I know that one, His name
r
B
is Bear. My name is Louis Thief,
r
As you can see, I am a full blooded Indian with no
education. I am the poorest Indian. I life in Kenel.

I
That is the best place in the whole country of South Dakota .
1
There is where I come from. It will be hurt the most when t] he
I I
water starts impounding back there.
The next thing I wanted to my is that they told us

I
to come in. They told me to come along. So I came along, t
We had a very limited times. So we drafted out little, verses 1
here that we could just read off,
As I see it, it is kind of all balled up, I was
supposed to principally talk on what we term the I

I
intangible injnaies resulting from the taking of the Oahe
Dam. Intangible means that you cannot hardly put your
finger on it. In an Indian way, it is better expressed to
say it is without a body. It is a spirit, You cannot
catch a hold of it. It is difficult. Yet we have talked

t
on that matter so long now with the MRBI and the Army
Engineers that I think we arrived at a certain figure.

I
Of course, you get that for the record, and I think you have I
i., i
... r^ .^. _ ^. ^ ** -
S' ; C
it already.
This intangible, the way I look a t it, is the A bomb in '

the whole question. It is the energy that is locked up
and when it is released, it will explode and hurt us.
What I wanted to mention in that intangible question that
I know by,experience, and I have seen it, that where families
were saved from starvation by little things that I am going
to mention.
For instance, one of the funniest things that the Army
Engineers heard, and MRBI, was this. Wd included in this
intangible injuries - and you could call it direct, too --
the mouse. I know what you are going to say. They said
how could a mouse be of any benefit to you. All right.
We will show you. Just for example, I can mention one
family, and I can name them, too. There was one family
last year that I have seen and know -- he has heart
trouble, and cannot work, but he has nine kids -- there
was one time he didn't have nothing to eat and no relief.,
He was not old enagh to get on the old age. So he walks int?
the woods. There is quite a trick in finding them. I don't
know what they call them. It is just like a lima bean,
ground beans. I don't know what they call them. Mouse beans
He dug up some of this, enough to tide him over two
weeks and saves his family from starting.
That is just one incident. i can tell you dozens of
.... .__..
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them. For inalmnce, if that water come up and taken it

I
I
away, we will loseitat,

i
In Kenel where I come from that is just a little
way from the state line, right below there we would be
bit the hardest. There is a bottom there - I don't know
how many sections -- that is going to be flooded. It
codains the greatest amount of wild life, tild berries,
fruits, and it is a refuge for everything. Even cattle and
horses go down there, They find something to eat when the
snow is that high. (Four feet). Sometimes it gets that
high. In summertime the vegetation is that high. (Four
feet), You have to be careful when you get down there. You
might get lost. There is a lot of people that get lost in
that woods. That is the biggest bottom along the
Missouri River as I studied the whole thing. Kenel will
be the hardest hit.
On that intangible question here is this, and that
is the A bomb, I have .seme acres down there that I am
going to get some direct payment for, but there is another
thing, the A bomb. If they had not taken that for years
to come, we could go on and on and live off these things,
the wild life of all sorts. In ans eat all kinds of

wild life. In that connection I might say,.too, I heard
one white doctor say this, that an Indian will live
better and stay healthier and stronger by eating wild !
I
I
went. That I" something I wnnnt tn mention, too- '
Now it is going to be flooded and it is going to
take that all away.
Here is another thing. In Kenel and around the
Missouri River on the reservation, nearly all the people's
houses are taken from that bottom. All the houses all the
corrals, everything, is taken from them.-Of course, that is Ii
direct. But this indirect we would like to have someth*g
for that, too, because that is going to just wipe the whole i
thing off.
Fo instance, this one I mentioned that saved this ,

family from starvation by eating the mouse beans. It is
just like a lima bean, It tastes no different. If you
take that away, then where would he make his living under
the same circumstances.
That is what I was supposed tttalk on, on that
intangible. They gave me that. Now when I got down here
everything was all turned around, and I didn't know
what to do any more. I might just as well go home. My
services are not needed. I don't know much more.
Mr. Cases Mr. Chairman, would you indulge me for one
comment there. I think this witness has demonstrated so
that the people who have heard him eertainly are going to
understand that this land has a particular value for an

Indian tribe, has adjusted ts living to that/
Indian tribe, wbibh haa adjusted Its living to that A
|~
. ., i
~17CI~
--
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~ FF~'~
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343
r parties .. ._ ... . . go out thor and
thL4u thnlug which be is talking about, the beans and berries
and wildlife, we might not think of asa subsistence or way

of living, But it has meant that to these people for
many years. It has a value to them which cannot be

Ii
measured by looking up some cold statistics in any court
I
ji
Mr, Haley, I agree with te distanguihled Senato'r. :'
The gentleman has made a very vivid' impression on my mind. I
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Mr. Thief. Now, I have just one other thing here i
C
on reforestation, I will just read this.
II
The funds set up in this section are for the planting 3
i
of shelter belts and timbered areas. The loss of 7t
per cent of all the trees, shrubs and bushes by the waters
of the Oahe Reservoir cripples the entire reservation
population, The planting of the shelter belts and timbered
areas is a program that will have long lasting benefits.
That is all, Mr. Chairman.

Mr. Haley. Mr. Gipp, you have already been identified
for the record.
STATEMENT OF WILLIAM L, GIPP,

MEMBER, STANDING ROCK SICOUX
TRIBAL COUNCIL,
Mr. Gipp. Yes, sir. Mr. Chairman, I have been
assigned the portion of the rehabilitation program on
education.
!
L~
a~cli
r 244
i
Approximately 50 per cent of the curolled members of
the Standing Rock Tribe are 21 years of age or younger,
23 per cent of the enrolled members are between the ages
of 21 and 35. 73 per cent of the total enrolled membership
are within te age group for elementary, secondary, college
and university or vocational education, The economic aid
social future of the Standing Rock Sioux Tribe rests Wb i
these tribal members, These are the members who must meet
the challenge 0f taking their place on an equal basis with
those of the non-Indian society. Sound education and
future application is the one solution, The Business
Council of the Standing Rock Sioux recognizing the importance
of financial assistance to their people for the purpose
of education have given it priority over all
rehabilitation projects, They have requested that the
educational funds be deposited in the United States Treasury
at 4 per cent interest for a 25 year period, The interest
and principal will be used as necessary to provide a
source of educational grants for tribal members. The
breakdown of the amount requested is itemized as follows:
For higher education -- higher education of course
is above high school into college. Our Indian Service does
furnish some vocational training, very little,at Haskell,
and minor clerical courses. We have too many of our
students after they graduate who want to take courses in

245-
engine_.., .. .-. . .--- .. v. you, but there is lack of
uia v cloIan, and that has been their downfall. A lot
of them have felt they don't want to get loans even if
they were available, because they didn't like the idea
of having loans hanging over their heads after they got
out of college.
So we have broken that down for higher education,
$2 million, vocational trading, $950,000, on the job

training, $250,000,
Perhaps you may wonder how we would expend that money.
That has been discussed. It will very likely be worked

on the same basis as the GI Bill of Rights was worked.
We
have a copy of the Legion magazine for the month
of June
1955, giving a ten year report on what the GI bill
did
for America. It shows here that our government through
our Congress has spent $15 billion to educate an~

train
7,800,000 veterans,
In this magazine it also states further on that by

1970, our government will have gotten its $15
million
back by educating those 7,800,000 veterans and putting
them
up in a higher wage bracket, and putting them in an income
tax bracket.
Also, of course, the main thing was to malea

better
America. We feel that the 20 per cent that we are
asking
here of the $16 million would work in the
same channels as our
0I Bill has worked.
Mr. Haley. Does that complete your etatefent?
r. Gipp. We bae also eat aside for administration,
if I can find it here,
The success of any organization depends on cotpetent
administration and wise handling of funds. The administration
of the tribal.fund for rehbablitationl and intangible damages
will be a multimillion dollar business, In the best
interest of the tribe and to protect their investment and
loaaing programs to administer the education grants and
other projects of bth rehabilitation program, it ill be
necessary to spend money to save money. It will be
necessary to set up a tribal administration office to
handle and administer the rhabilitation program. It Will
take funds to maintain and operate an efficient officeI
for the best interests of the peoples It will taWe

honest, skilled and experienced people to administe the
tribal program Without good, sound, economic operation
the entire tribe would suffer,

Terefore, we have set up and broken it down fanllown:
General anager, $7,G500 per annum.,
Assistanant Manager and Accountant, $5,000 per annum,
Loan Axaminer and ielsS Man, $6,000.
TWO clerks, $,000 per annum,
maintenance, tribal building, office expense, equipment t
telephone, utility es,carf and car epenase money, bVIOP

a total oa .. 1,00, wbloh Would ake a grand total of $40,000
pe'r year.
We figured on a ten year basis it would make $400,000.
I believe Mr.- Howard covered small business,
On relocation, the Indian Service has a new branch set
up in the last year oa-two that-they call relocation or
placement program, by picking our yognger-people who want
to be relocated off the reservation in different cities in
Jobs
The Governing Body has and is in support of the
Relocation Program. This Council feels that it is one big
step toward the goal of assimilation. According to the
records of the Relocation office at Bttnding look lndian
Agency, it is found that 11 persons have been relocated.
Of this total, only 37 have returned, giving a total of
72 per. cent who have remained, These elocatees have
been established in permanent Jobs in Illinoise, Utah,
California, Colorado, ebraska, Oregon and ashington.

Therefore, the Governing Body wants to assist by having
available funds to expedite, supplement and help tribal

members in emerency situations where it would take an
individual too long to obtaian Bureau funds and perhaps, lose
a good poition by not having funds for sausisteave, ret,
and on, when a position is available, We have asked
'99.~~~
. . II ~~ -
RKi
-.LiEduY."
LI.-.
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LiZPLI~
.3~?
The Indian Bureau Bea 7U-aU-- Li~Lked lund that they
are working with, The tribe has already assisted them
and we would like to assist them more. It is our people-

and we don't know whether they are able to get any funds,
We don't want the position abolished, We wantit to
remain, All we want to do is to assist them in relocating,
On our 'law and order program, we have asked a certain
per cent to be set aside for li-*ind oire and wild, life
I
conservation,
In 1948 and 1949 the Tribal .Cout .f Indian Offenses
of the standing Rock Sioux Tribe had 273 cases of law
violaton. In 1954-55 there were 1200 cases, An increase I
of 932 oases, Our JuveIle delinquency has Iarnease# by t

I
leaps and bounds, Our game laws have beentlnO ed ad the
wild life diminishing, Additional personnel and equipment
are needed badly,

t
We are now furnishing 7 police, but they are very
underpaid. think the highest oa8 gets 80 a month or

something siLmlar to that, The highest paid gets around
100, I have been told. We broke that dwn, to wo law
officers at $4200 each. That would make a total of $8400.
Two game wardens, $f600 each,,ttotal $700.
pe ,ses, ar, equipment ad so on, 1$400, makia, $1,D

which for a period of ten years is 1900,000,
MrMerry, The rest at it will be covered by your 1
3
0to*.L iln#*IsA* 3&~dkl
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ii~pa~au ~orsuu~i~h~i9~
--- ---- 1t
n- ~ i~i
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,
statement thrt you filed.
Mir, Gipp. That is right, air, ThisJL the original.
The ones that the delegates have been turning in have

been carbon copies, Y60 will have quite-u-wes of them. i r
Weight need some of them. X the Chairman would ,permit,

B
we would like to submit the original, and perhaps get back r a
the duplicate. ij
I ?
I
Mr. Haley, bhout objection it will be made a, part i I iiS
i i:
i
of the record. I -
13
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(The statement referred to follows;)
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Mr. Qlpp. r, Chairmanrr, n rntinue on just briefly i

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concerning the rehabilitation program, the need for it,
s
I have picked up an old magazine here, Look Magazine,

i
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April 19, 1955, showing the Indian in winter in South T
Dakota. I would like to read just the first paragraph. k
"The heirs of Bitting Bull and Crazy Horse are sickly, r
poor and hungry in t iilana of the free. They know little

t
real freedom, Mot of the-33,000 Sioux, like this one, his r
wife and fivehildren on the Indian reservation of South i

a
I
f'
Dakota, They all live in one room windowles shback with two I
I
beds, a stove and a wreck of an old car outside for storing
i
groceries, In summer and fall he works as a arm laborer, 'r
i
I
e returns t the reservation to wait out the winter on 1 :
r
r
I
relief, We get $45, some grain and better each month,

i :.
The butter is often oldy." j
It goes on. It is just an exaimpe of why we need

i
this rehabilitation program. It is not prat ented in
i
3
criticizing the Indian Bureau or any branch of the
i
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government, but just to bring to the conaittee the dire Ir j

i
1 , :
need to take care of the plight that we are now suffieriag
from,
.i
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Thank. you, Mr. Chaman, ;j
Mr. iharpe. We would like to call the superintendent i
who should have made a statement, but who will anaoer any
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Mr. Haloy, Are thereany queUtions that ny member of (E
1
the committee has of the superWiednent? jl
Mr. Shuford, I have no questions. I 6
- Mr Berry, I think probably the principal question

Ii d
that was left in the minds of the committee and I don't
k
1
know that it was answered was with regard to the program - r
for the old people. Would you just briefly explain i

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that for the record?
STATIWIT Or JOQPIT W. WELLIXNOTO, 1
SUPZBIXT1PDNT , SANXNG ROCK SIX 1
mSERYA'MION AGBI~ . (Resumed.) a
rv. Wellngton . For the old people and also for the u
I
"1
children, I noticed that was a matter of discussion.

I
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There are certain old people who presently are receiving
r
public welfare funds, but who are in need of domiielUiary p
care. They are not hospital cases, They could not be

B
confined because the hospital Is not euPipped to take care r
of chronic cases. Those people would be taken care of i
similar to an old people's home,

1
It would be a home where there would be an attendant
I
and they would be taken care of there. r
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I
The other item, old people's housing, fia for the
n
constrition of small buildings, one or two oroom, S

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the case may be, for the old people who have no other means i jj
i a
of support, other than from public welfare or from small id
i"
grazing rentals that they might receive each year. i
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They would ibe nbleo odied buLt7Za u home,. There pXoUld
be no other way to rehabilitate these people except to
take care of them and to provide them a comfortable
home in their declining years.
The children's home was originally intended to be
a home to take care of broken home children. We do bave--
a number of them. It has been discussed even since we
have been in Washington. It is probable that perhaps ebildren'saL
services would be better than a children's home, where they
would be taken care of temporarily, and then placed out in
.- Public Welfare.
foster home care under the Departmett o
M~, Ihuford, Would the gentleman yield at that point?
Mr. Berry. Yes.
Mr. Shuford. Mr, Superintendent, you probably
realize the trend now to do away with the old people's
homes. It is not economially feasible to op ate them
and In fact it is not necessary. Better care aid attention
is given to the old people through some vetbod of '
compensation or relief.
What is your thinking on that as regards the Indians.
Mr, Wellington. This is my personal opinion on t.
It does not reflect the thinking of the Teibal Council or
the Bureau, .
Mr. huford, I asked for your personal opinion,
eis
pii
ga
that
the
Idi1
S853
people refvery reluctant to leave their home8 and to leave
their kinfolks, If it was possible that an individual
house be oonstruoted for that person, they would much
rather stay r'ht there than to go anywhere But there
are those cases where they are not hospital cases, and tbe
hospital is not prepared to take care of chronic cases,
where they would have to have someone to give them some
care. We do have a number of such cases, Does that answer |

ii i
your question?
Mr. Shuford. Yes, In this rehabilitation program
that you have, I see that they have utnds for the -
i ,
construction of the home, but no funds for the maintenance
of the home. How do they propose to maintain and Support
Sthe children's home, the old age home on that reservation
Mr. Wellington. At the present tis there are two or
three families who take in children from broken homes for -
which the care is paid by the Department of Public Welfare,
In other words, that is a grant gase set up by the Departmt
of Public Welfare, .
I refer to Blaie County in ontana withzreference '
to the old people, The county, ith the stae and public
welfare, paid so much for the care of the older people, A
trained nurse rented a large enough building, and provided
the care, and she in turn hired what assistance was
necessary, and it came from the state and public welfare.
/, A
+
MW M
354
Mr. Shutord, Jaki aL LhlB intot, tten under the
program that is set up now, it ia apparent that welfare
funds in addition to the rehabilitation funds would have
to be granted in order to maintain these persons in
the old people's home or in the children's home,
GM.Wellington. Most of those people are drawing ;
pbblit welfare at the present time, This would not j

- relieve that situation,
Mr, Bhuford, So then the program as outlined now i
not self uestaining, but contemplates furtherjoatiens or
contributions, to use that expression, over and above the
allowance that is proposed by this legislation? '
Mr. Wellington, t would be public welfare, sir,
The Tribal Council have discussed, as they have discussed
all of their rehabilitation programs. If you11-

will
recall the sums w Bch

tbey have requested from the
intangible or indirect moneys, they have their own welfare
program taken care of in the intangible moneys. It is
not in the welfare program because they felt that -he i

welfare program bas not a rehabilitation fund.
Ir. Shuford, So then thiswould be in addition to
Stiu welfare funds that they would receive.
4 Wellington. That is .orrect, air,
Mrl, hifoard. And would not make the Indians self
aigintende
,-
.-
~I
C-- n I
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Mr. Wellligton. There group are beyond the age of
being self sustaining, They are the old people, S ,1
Mr. Shuford. I understand. I aa talking about the
i full tribe, This rehabilitation program that the tribe -

I
i
has proposed here will not be sufficient to take care of the I i .
Indians in the future. They will still have to rely upon

I
welfare funds for the support of the children and the older
members of the tribe,

i
Mr. Wellington.# ea, sir, in so far as I see they
i are no different than the non-Indian person, II

Mr. Shuford. But the non-Indian person has not
received this fund, I am speaking relatively to this fund.
In other words, as I understood this morning, from some
of the witnesses, it they secured this fund, it woeld be

I suffitent for them to be self sustaining, and to take
: I
care of their people, ' and to rehabilitate the tribe and the
,-
S j i
individuals of the tribe.--
New I understand from you that this fud will not be
sufficient for this purpose, or the allocation of the fad N; i
i I
will not be suffilent for that purpose, but in addition to
the fnd that they intend toget under this legiagtion, it i

would have to be supplemented in the future by
additional welfare fund, E.Xsthat a correct statement.

' ,
i. , .
I&. Wellington. The percentage that they have is iî

six tenth and five tenths of one pr enet for thoee, It
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Si i$
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wan Slr wakieu o1EXLwo uuudir'to help that group of '
I
peqe vbwo were not in position to become rehabilitated
by-any other manner that they be given that opportunity,

1
The funds you could quickly say or better than 90 per cent
I
of the fund will be used for rehabilitation so that in the i
future they will not have to be taken care of,

I
Mr, Shuford, That is tbe point I am getting at, But i

e
I
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there is no provision for the maintenance of these homes for ;
the old people. You say they will look to the government
I I
i
for welfare funds in the future for Ot purpose,
Mr. Wellington. We would hope, sir, except for the age j

'i
group perhaps from 50 to 60, they would never have to
r,
use these buildings, The rehabilitation would take care i
of that. These buildings are being constructed for people -C-
who are 50 years or older now. 1
Mr. Shuford. But they would have to be supported
in those buildings by the welfare fund,

r i1i
Mr. Wellington. Not from our welfare fud, but ij
from public welfare. -
Mr, Shuford. bThatis all, 11

I
r., Wellington, Mr. chairman, if I may make one ia
agcomeit, the council have worked long and diligently in rI ~
i
Lir
preparing their program. Knowing full well that thl amount
of money they receive from rehabilitation, will be subject
jj
te your committee and Congress, they w*ll be pseparxd at i ii!
:4
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887
the time they have knowledge of the fus th they ill, _
received to present a detailed breakdown. I believe
that Mr. Sigler mentioned this morning that the Bureau

commended the Council on requesting that if possible that
this money be tied down to be expended for those purposes
as originally listed., We don't akno what the funds will be,
.(I /I.
y t :would be impossible until we know. We would be prepared,
t
It will take research to do it, but the council will
be prepared to come back in and give actual figures.
, Then if a percentage of leeway might be ranted, the

'''~"I
,
money would be expended for the purppoes that they have
asked for and that you have set it up for,
Mr., aley, Mr. Counsel.

M,. Abbott, Mr. Chairman, if I could ask one question
of Me. Wellington, I didn't hear all of Mr,. ipp's
testimony, but was it your understanding during the
course of studying this proposed rehabilitation program
tha 'the 20 per cent or approximately $3,S million for
education would be expended in a manner which would permit
use eo the interest 'and principal it necessary?
AM. Wellington. tea, she,

*t. Abbott, Cne other question not particularly
related, but as lea you ar on the stand, i . :
Wellington, because I raised the question with youen

inftfemally, could you state for the oamittee what 'a your
'
'..
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- I*.l..,,r~L-:ct.,...u.., .i,
view the reaoonfor this provioa lu the bill relating
to hunting and fithig rights is, so that we might ha e

that on the record? As you will recall, I addressed
the question to Mr. Sigler, and again to a couple of the
witnesses as to why the particular language was included
in the bill1
Mr. Wellington. I will try to explain that. The council:
in discussing the reservoir, which would be formed by the

impounded waters, boak of the OQhe Dam, realize that it
would be possible that a profitable enterprise or business
venture might be established by having wharf, boating and
hunting of migratory game and fishing facilities, t was
their intent to establish it so that their peraitees to
full compliance with federal and state lav-as to 1ei6g,
bj-WbiMit and so foriF, could come to the reservation,

obtain a reservation permit, and fish or hunt in compliance
with regulations on the waters of the reservoir above
the lands which they are losing
Mr. Abbo ., It Is nearly fully responsive to the i

question, . But the point you are a ing is that this
would be a charge for access or right to come upon those
lands, and to indulge in hunting and fishing. It would
nat be a Charge for fishing or hunting As such, that to, a
Mr. Wellngton. That is correct,
~.
Z~lt r~lstll .i..l Ij
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F -~ ~--r r --~.-i"B
9"
89
- r, zuwvs, Oawu sw ;w Point you #r making,
M1lr,
Wellington,-That is oor'rect,
Mz. Abbott, And they would be in compliance with

0the
state laws relative to hunting and fishing. That is the
basis upon which you have arawered.

Mr, Wellington. Yes. It was a business Venture
as far as they could see when they were discussing it.
Somewhere where theymight get revenue,
Mr. Abbott. Does that in view recognize that in a
sense tat title to the taking area is passing to the I
United States, there is reserved a definite hunting and
fishing right with the tribe, This would be an easement --
right.
Mr. Wellington, Yes, sir,
Mr. ~Barpe, That is all except I want to put these
in the record, I would like to introduce as part of
the. statements made by the witnesses on the rehabilitation
intangible report o. 124 of theb WIM1dated November 9,
101, and reported in the Bocio-Rcoo t@ SBurvey, Btatding
Vock Indian es ovation. In this p gentlemen will
find ~sar of the questions you have been asking today,

how manY oVphas and all the reseons why they should have
rehabilitation pvograws, by a government agency.ook aof
Y work has been based on that. I think it is properly a
part of the reord.o
i - i-
Mr. flloyThe 4ooulmrnt-wil1 1be MaA part of h
record.
(The document in ai fo11ows:)
Ai
lkr, nrpe. a wou Slealo like to lutrduae as
a part of the showing on intangible daSagng, BpOg NO, 181
of the Missouri River Basi Investigating Committee,
dated Beptember 1952, entitled, "The Timber Resour ce s
Standing Rock Reservation , so you can get the comparison
and see all the answers about this timber, how much o it,
the harvest and the valuations on which we based a lot ag
these figures, and I will site it in the statement that I
have been'privileged to make by the rule this morning.
I will refer to it and cite the pages,.
Mr. BHaley The document vill be made a part of the
file.
(The doa ment referred to follow s:)
i. I. .
,I
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,,1
ElluPnr~uuiurlrr
aur
rrrrrl.ic
.. nil....
.1i- .lr+~uu*i-rX1.I*r.;ui-lnim~ul
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~5~~:?"
_ _ _ _____ __ ~ ~__~ _~___
__~_ _.~ _, ~ _~ .__,II- I~~~ I I -~ --
~---, ~------I - ~-
---- rr,nraan nan~il;e~n~; :~
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Mr, shape. I would like tohave either as part of
t
the record or file the portion of the inaugural.address
of Hon. Joe'foss, the Governor of South Dakota, relating

to Indians abshowing the pAicy at the state would adopt
I i
towards this rehabilitation program and the necessty
i i i'i
for it, and represents a statement of state policy whch i
iI
1 'b
this committee might like to havehetore it, Zt t open1il i
s
t~
marked, It is from our leading paper.- It is to e Gov erwor I

J
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"IEF r
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i ;9
inaugural address in full, but the only portion Z want
to the one entitled "Indiana", It gives a good birdeye gi
4
i;"
view of the South Dakota Indian needs, and the policy of i i,~
the state and so forth.
W, Ealey, Without objection it will be made a part

aof the file$
(The document is as follows:) ,s
I
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I-F
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Mr. 5barpte res
w0r
I L;&*
WOUMtO11041
s . to uPbI~
01 ova aticl
or$ myle e
Pz~flC) i
support of the
ig aInd vaiuatio ,1 This in aartic le
from the Wall Street Journal of May 91 1955, giving a
national viewVof the upa'wing, and reasons forit, and
potentialities of continued real estate valuation uncx'easeo
and stabilization of the values tOat these people are

claiming,
Mr, Raley, Without objection it may be made a par't ofl

the filail
(The article us as follows:)
..*il
-1CLLU--
-I.ilII.!.
-
Mr. Sharp*, Now, to save-tim , I am Just goinglo
put into;therecord the fa that

the ll statement
that I am going to file as a part to my closing summary

of all this three
te ribe evidence which I cannot do in
a reasonable time, that I want to add in squestion that has
not been covered -n Standing Rock's program of having -

percentagewise a straitjacket put by Congress upon the i
funds they allow us for rehabilitation and poosiblelintangibl:.
That there also be included in n amendment we will
suggest that they not 'Ol do that, but provide a kind of
trust or claim status over these funds so that they ill

be subject to government audit, and no one in came
irresponaible elements get hold of the tribal government
can vitiate or dissipatee these funds. That iS something

our people are afraid of. I am just giving notice I am
going to put that in, i i i

Second, in addition to the roads I will submiita brief
list of road in addition to those in the bill that are

directly affected by the relocation, and shouldd be added
into the seetion of the bill for roads,
That is all, Mr Chairman. I thank you,.

' M, Abbott. I have merely a sUggestioh,
2t. Chairman,
if it would be in order, A photoestatic copy of the chart
that is presently on the board would be helpful to the
measers I would like to further esggeet that the Sea

verr
,-
i
i in the aterirl he in goi"t to prepare for t oem"ttee, i.,I,
might, it he deems it fit and desirable, recognize in his v
statement the fact that in Public Law 776 a per capital
average of the rehabilitation fund is $2250, that we
have $5,000 in Crow Creek, $9,000 in Lower Brule ad
$8700 in Standing Rock, and he might set out his views
on the relative differences.
Mr. Sharpe. I was going to do that. I will do it
in my statement.
Mr. aley. You will also urnish the committee
with a photostat?
Mr. Sharpe. Yes, sir, Is it understood that the
mapwhich did not arrive which would have visualized it
so plainly to you gentlemen and the taking area and all
private land and all the land that is non-Indian and
white and trust land is to be substituted for this little
skeleton that we had to use this morning. It will be of
immense benefit to your assistants and others who may have
to com this record in preparing the report.
BM. Haley. That may be done.
Mr. Sharpe. That is all, gentlemen, and we certainly
thank you for aiding us in-our full record and I think we

i1
have got it in, and giving us' this extra time t your
regular hours to do it,
WMr. Siger, MO Chairman, ay I make one observation?
Ii
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'I"~YY~- .II.I
~ CU,.L~.,*,JUCIII*IY~11
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Governor Shnrp,haa ioWQU Wftw m
commitev twao 85
reports, There is no objection to filing the reports,
i
but I do want to indicate that they are reports that have
----
not been reviewed or approved by te department as a whole.
They are raw data, and as such of course they are
i
available for your use. But I want to indicate that
they are not approved-by the department as final data, i '

Mr. Haley. Thank you for that information.
Mr, Sharpe, May I supplement that comment. I consider
that NM Commission a very capable institution and the
director and his assistant who I knew have approached the
thing with a broad minded impartial viewpoint with due
regard to the government's rights. That is the reason I

have been using their reports,
Mr. Berry. M,, Chairman, before you drop the gavel,
-i would like to say about two or three weeks ago, el o

Severed used over his Sunday or Saturday program a filtt
taken at Crow Creek reservation, a" 18 minute film, showing
these people moved out aa the water came up. Some tie I
would like to show that to the committee,.
Second, I want to athank

te members of this cattee
on behalf of the people of each of these reservations and
of Ooverno3r harpe and . Case for yo time and your

9a
attention, and the very careful attention you have given
to this case. I don't know whtker the people
i~PElObk~.~;i.,~.;u~H.~u,~ii~i~;aiu~a~ui s;uruoi~i,~,~,...,,,.,,,~,ri.ii?;~~JYi; ..~aLic.i..rali.~*~~;.r.,.ini;.

r. r .ii~B*L.I
. iri IIIIIIIl-IICL
X)-~*i* I
267
appreciate it or not, but I kn that all t you
fellows have mail stacked up on your dekske that high,

and you are either going to have to do it tonight or sote
other time, because of the time tlit you have put in on

this--case. want you to know that we appreciate it.
Mr. Haley- The Chairman thanks the gentleman from
South Dakota, and the committee ts adjourned. i
(Thereupon at 5 o'clock p,m., the hearings was concluded#)

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June 24, 1955 Statements

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House of Representatives,

Subcommittee on Indian Affairs

Washington, D' C June 24, 196

Honorable Hald jovroo

Lewis A. 5gler, Leislative Counsel'lsQf~icef

Joseph 1, Wellington, 8uperintendentS4tand-

Joseph W, Wegllugtou (R@5ultaW) lovealvisq*1 17g

Davidi Back Hoop, Chairman, Standing lock

Mrs. X$1 Ankle, Sta ding Rock Sioux Tible 17

Mrs, Lois Paint, Standing Rook Biou Tribe 911

Honorable Francis Case, 4 United States

Louie Thsf, standing Rock Sioux Tribe ov 2391

William-L. Grip, Standin Rook Sioux Tribe 2431

Joseph Wellington (Resumed)

--- FRIDAY I JT E 24, 1955 1

great State of South Dakota, and I am sure he has

something he would like to present at this time. We -

are very happy to have you here before this committee

and you may proceed.

STATEMENT OF HC~CORBLE HAROLD 0. LOYWE,

lMr. Lovre. Thank you very kindly, Mr, Chairman,

First of all, I certainly want to thank you for the

privilege of appearing here this morning and being the

first on the witness ta)d, because I do have a meeting

with Agricdlture that I have got to go to,

Mr. Raley. The Chair realizes that the gentleman

is very busy, I know he has other engagements this

morning to appear before other committees. So we are

happy to make this small concession, am

Mr, Lovre. Thank you, Mr. Chairman. I am appearing.

here this morning in behalf of ~L, 002, which I authored

and introduced, and whBth provides the acquisition i i

lands by -the United States required for the reservoir

created by the construction of the ort Randall Dam, on

The need for speed is evidenced by the fact that Fort

has already been moved from North Thompson to Piere,

South Dakota and the Indians on Crow Creek will have to

roughly around $685,000 for the real estate that is being I

takenby the government, the Corps of Engineers, for this ! !

Chairman. These figures, as I understand it, have already

been approved by the Missouri River BaoL Investigating

for in this particular bill, we are also asking for

intangible damages which total a little better than one

Billion dollars, The eason for that, of course, is very

meters of the committee, 'because we are not only taking :a

hunting land, their fuel, their homes, which cannot be i

from the Missouri River Basin Investigating Commission.

1 In addition to that, V , Chairman, we also are asking in

This, I think, is one of the most important parts

we have in this country, I believe that the American Indian

has advanced less than any, The reason is because they

I thntnk we owe tbis : i

them a chance so that they can take their station in life

and become citizens like the white people are,

I recognize that in the years gone by this has been

quite a controversial question, but I think that the sooner : i

provides, the better the Indians will be-off, and the 1

part of the House. eI siWaerely hope that favorable nation

will be taken so that we can take oars of not only our