Mr. NASH. I do not. I do know that the off-reservation group declined to vote and submitted quite a large number of ballots which were in the form of protests. These were not recorded, of course, they are not ballots, so that the outcome of the election in terms of votes cast or percentages is probably not reflective 100 percent of the sentiment. A large number cast deliberately defective ballots which were registered as protests.

(The election results plus a sample "protest ballot" were subsequently furnished for the record and are as follows:)

Mr. J. L. TAYLOR,

CONFEDERATED TRIBES,

COLVILLE RESERVATION,
COLVILLE INDIAN AGENCY,
Nespelem, Wash., June 7, 1962.

Consultant on Indian Affairs, Committee on Interior and Insular Affairs, Washington, D.C.

DEAR MR. TAYLOR: This is in response to your May 16 communication concerning the tabulation of the Colville tribal election held on May 5, 1962. They are as follows:

1 Indicates the elected. Certification of the election was made on May 10, 1962, with the assistance of the acting superintendent in compliance with sec. 3, regulations I, of the 1962 election regulations, and sec. 4. art. III, of the constitution and bylaws of the Confederated Tribes of the Colville Reservation. Copies of the regulations and constitution are enclosed.

You will note that Mr. Adolph, incumbent in the Omak district, was defeated as was Mr. Rickard in the Keller district and Mrs. Covington in the Nespelem district. In the Inchelium district, Mr. Daniel J. Finley, the current councilman. was not certified as an official candidate due to his residency off the reservation and Mr. Joe Desautel expired before the certification of candidates transpired which explains why there were no incumbents on the ballot for the Inchelium district. Mrs. Lemery, who was elected previously, served one term as councilwoman from her district. There are seven councilmen elected each year: Two each from the districts of Omak, Nespelem, and Inchelium, and one from Keller. There were 2,300 eligible voters registered on the Colville rolls as of July 12, 1961, and we feel that this figure is an accurate computation that could be relied upon due to the perpetual number of minors reaching majority age and number of members expiring throughout the year.

Enclosed are official tribal ballots for the four respective districts which were used in the last general election. The following ballots are the ones that were unused and returned to the office by the polling station chairmen:

You will note that the name of the third candidate on the Nespelem district ballot is blotted out. The certified candidate, Alex Covington, accidentally drowned on April 3, 1962, and his name was blotted out by the printing firm who printed our ballots. To enlighten you further, the absentee ballots are mailed out to the requestees from the last number forward and the remaining ballots I turned over to the polling station chairman before election day to be used by the members voting at the polling station. A total number of 750 ballots were printed for Nespelem; 250 ballots for Keller; 600 ballots for Omak, and 500 ballots for Inchelium.

We trust that we have fully complied with your letter of request and wish to extend our apologies for the belated reply.

Sincerely yours,

To: Congressman JAMES A. HALEY,
Subcommittee on Indian Affairs,

House of Representatives, Washington, D.C.

I Will Not Vote in the

1962 COLVILLE ELECTION

FOR COUNCILMEN for the following reasons which I choose to check:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

The tribal members do not have any voice in tribal policies or termination. Council is controlled by cliques, personal views and gains, Indian Bureau policies and interference by the National Congress of American Indians and like groups in tribal future.

No control over spending and waste of tribal money.

The only amendments to the tribal constitution approved by election which are allowed to become effective are those which increase council power. Those election results which would decrease council power are nullified by the Indian Bureau.

None of the 75 percent off-reservation members allowed to serve on council. Last year's election results which turned down negotiating and legislating powers for the council by a vote of 3 to 1 not permitted by Department of the Interior to restrict council actions.

Termination issues have not been put squarely to the people. The group leader system is a farce.

Colville tribal members are competent and have enough statistical information for an immediate termination decision.

Development programs planned by council and Indian Bureau which will tie up property and judgment money against people's expressed wishes. People and property held in communal status by use of council system. I desire an election which will give all enrolled tribal members the right to express an opinion on continued existence of tribal entity.

I am signing and mailing only one of these sheets.

(Signed)

Enrolled Member, Colville Confederated Tribes.

I desire an immediate free election on termination method."

(See appendix.)

Mr. ASPINALL. As I listened to your presentation, Mr. Mangan, on these two bills, I got the impression that the Department did not. favor either one of them, especially the Tollefson bill; that if they had to take the Horan bill they wanted some amendments. Does that mean as far as your position at the present time is concerned the final disposition of this matter perhaps should be continued and that we should go into a little bit more study of the question involved

so that we can arrive at some means or other of getting a clear expression of these tribal members?

Mr. MANGAN. Mr. Chairman, I intended to make only passing reference to H.R. 8469. We do not regard our testimony as complete on that. As a matter of fact, I intended my remarks only to relate to H.R. 6801 and as to be prefatory to the merits of H.R. 8469. Mr. ASPINALL. I am ahead of you; I read the report.

Mr. MANGAN. I thought you would, sir. In response to your question I do think that the committee's plan to hold further hearings in the field would be beneficial to everybody. But I would say that neither of the bills that are before us are probably completely satisfactory. I do think that H.R. 8469 does present a proposition with which we can work, whereas H.R. 6801 is completely unworkable. That is the position I wanted to put here, sir.

Mr. ASPINALL. As I understand it, that position of yours is the position of the Bureau?

Mr. NASH. That is correct, sir.

Mr. ASPINALL. Thank you very much.

Mr. NASH. Do you wish me to proceed, sir, with our testimony? Mr. HALEY. Yes.

The gentleman from South Dakota.

Mr. BERRY. A question before we leave that point, Mr. Nash. Do both the on-reservation and off-reservation Indians get equal distribution of the proceeds of the sale of the timber?

Mr. NASH. Yes, sir. Whatever timber contracts are offered for bid and sale by the Department as a service. The receipts are collected and the net proceeds are distributed equally per capita. It is exactly the same operation as the distribution of a dividend in a profitmaking corporation where the entitlement is based on membership.

Mr. BERRY. Could you give us some idea of last year's distribution? Mr. NASH. In September 1961 we distributed $150 per capita. This is about what the average has been over quite a long period of years. There were a couple of years in which the proceeds were substantially higher than that but the long-term average has been $150. I might say that the forest operation did not actually earn that amount of $150 in the preceding calendar year but the tribe was very anxious for a per capita distribution quite a bit larger than that. In fact. they would have liked to have had a distribution that would have drawn down the entire working fund plus the balances from the judg ment moneys which would have amounted to $350 per capita.

After discussion with the tribal council which came into Washington to talk it over with us, I recommended very strongly that we make a distribution that was about what the forest had earned in previous years. We borrowed, so to speak, from the funds on deposit from the claims to finance this operation, to fund it, anticipating improved earnings in the first half of this year, which I believe have been realized. So we used the judgment money as a cushion and were able to make the regular per capita distribution just as a corporation would. Mr. BERRY. Just one more question, Mr. Chairman. Now, quite a lot of the reservation is allotted, isn't it?

Mr. NASH. There is some allotted land but a great deal of timberland. We have that figure here. There is some of both.

Mr. BERRY. If an Indian has an allotment and you do cutting on his allotment, he gets that in addition to the $150. Would that be correct?

Mr. MANGAN. That is right. He gets all the proceeds on the sale minus the 10-percent service charge that is charged under the 1920

act.

Mr. BERRY. I wonder how much that would amount to under the per capita basis of those allotted? Do you have any idea?

Mr. MANGAN. It is hard to tell, Mr. Berry, because you know this is a one-time proposition for most of the allottees. They get a big amount when their allotment is cut and then they get nothing for a good many years until there is another cut. As a matter of fact, many of them get only one cut per lifetime.

Mr. BERRY. That is all I have, Mr. Chairman.

Mr. HALEY. You may proceed.

Mr. NASH. Mr. Chairman, I wish to present now the departmental report on H.R. 8469, a copy of which was submitted to the committee on the 11th of May.

We are recommending that the bill be enacted if amended as indicated in the report. I would anticipate that portion of the report, Mr. Chairman, by saying that the amendments are minor and clarifying and technical and do not substantially change the import of the bill.

H.R. 8469 was prepared by the Business Council of Confederated Tribes pursuant to the act of 1956, which required them to submit within 5 years proposed legislation providing for the termination of Federal supervision over their affairs. H.R. 8469 does not provide for termination at a given date but is a two-phase proposal which recommends that certain determinations be made, at the end of which a complete termination plan with a fixed date is required to be offered by the tribe.

For reasons indicated below we think this is a desirable approach and we are drawing here on the experience with both the Klamath and Menominee termination, which was extensively studied by the Stanford Research Institution in the preparation of its report to the tribe. However, even though this date is left indefinite and pending further determination, I would like to point out that section 1 of the present bill, 8459, closes the role of the confederated tribes as of the date of the enactment of the act. This in itself is a very definitive step toward the end of supervision in that it vests the interests of the tribal members in the estate in a specific and definite way so that thereafter being born on the reservation does not provide entitlement on the basis of membership in the tribe, the present interest in the property of the tribe. The bill provides that the vested interest in this property for those who are alive on the date of the enactment of the bill, becomes personal property, may be devised, bequested, but may not be encumbered or alienated. So even if there should be no further action, this closing of the rolls would have the effect of defining those who share in the property interests of the Colville Reservation henceforth. We would know exactly what the group is with which we are dealing, which of course is not the case with the tribe where future births entitle individuals to membership and to some kind of claim on the property of the tribe.

Mr. BERRY. Mr. Commissioner, at the present time are of reservation births entitled to enrollment?

Mr. NASH. Yes, sir; they are enrolled members.

Are there limitations on that, Marty?

Mr. MANGAN. I don't believe so. The tribe may enroll people who are born off the reservation. They are not required to ever enroll one but, as I recall at Colville, nonresidency at time of birt does not disqualify one for membership.

Mr. BERRY. But normally they are or are not enrolled?

Mr. MANGAN. Enrollment at Colville has been a very difficult thing Mr. Berry, because of the way the people are dispersed. Also, there is the Canadian nationals' problem which is a terrific one there. have not heard of any recent complaints by members for failure te get their children enrolled by virtue of their having been born away from the reservation.

Mr. BERRY. Actually, it would be pretty much up to the Business Council.

Mr. MANGAN. Yes.

Mr. NASH. Section 2 provides that upon the publication of the final roll the rights and beneficial interests become personal property and property subject to inheritance or bequest after the date of the act and prior to the transfer of title to property, will not be subject to State or Federal inheritance, estate, legacy, or succession tax These two sections provide for the preparation of a final roll and the preservation of some of the benefits which have always flown by the trusteeship relationship, but it would limit that henceforth to thos who are members on the date of the enactment of the bill.

The third section of the bill provides that within 60 days after enactment the Secretary, and this burden is placed on the Secretary of the Interior, must institute a program to bring up to date all land and ownership records pertaining to the Colville Indian Reservation. and this program must be completed within 1 year. The Secretary must also contract for a mineral survey of the entire reservation.

We are approving this section, Mr. Chairman, because it relates very closely to the contents of sections 1 and 2. Sections 1 and ? provide a definition of who is a member and creates a permanent vested entitlement. Section 3 then places the burden on the Department to inventory the resources of the reservation so that, anticipating termination, there will be a much clearer picture of what the resources are as well as who owns them so that the who and the what of it are embodied in these first three sections.

Mr. HALEY. Mr. Commissioner, before you leave section 3, this program that is chargeable to the Secretary of the Interior to instigate and carry out would be quite a job, would it not, to complete that with any yield?

Mr. NASH. A good deal of work has been done already. Three extensive surveys were made including this, and the fourth including this Standford Research Institute. There has been a soil survey. human resources survey, and forecast survey, all of which have been valuable management tools. The mineral survey would be compli cated, depending a good deal on how much drilling was necessary in order to make an accurate determination. It is not an impossible job. Mr. HALEY. It is not an impossible job?

Mr. NASH. No, sir.