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Section 3 of the 1933 act authorized appropriations to compensate white settlers or non-Indian claimants found by the Board

"To have occupied and claimed land in good faith, but whose claim has not been sustained and whose occupation has been terminated under said act of June 7, 1924, for the fair market value of lands, improvements appurtenant thereto, and water rights."

The Second Deficiency Appropriation Act, fiscal year 1933, approved June 16, 1933, appropriated $232,086.80 pursuant to the authorization mentioned. A subsequent appropriation was made pursuant to the act of August 26, 1935, and $3,071.24 is requested in another item in these estimates in fulfillment of the act of June 4, 1936. A total of $280,535.37 has been authorized for compensation to non-Indian claimants.

There follows a statement showing by pueblos the amounts awarded the Indians by the Pueblo Lands Board, the additional amounts authorized by the act of May 31, 1933, the amount set aside for compensation to non-Indian claimants, together with expenditures made to June 30, 1934, from the amounts awarded the several pueblos.

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Expenditures from Indian funds in 1935 aggregated $9,121.15 as follows: San Juan. $480. 81 | San Felipe

$46. 74 Pojoaque214. 26 Taos..

264. 72 Santa Clara 565. 98 Nambe.

2, 948. 26 Cochiti.. 118. 20 San Ildefonso.

2, 630. 37 Picuris.

208. 05 Santo Domingo. 8, 163. 29

15, 781. 24 Sandia

140. 56 Of the total amount expended $2,216.67 was for attorneys fees authorized by the act of May 31, 1933. The balance was used for: Purchase of land..

$13, 464. 57 Miscellaneous structures.

100. 00

Total...

13, 564. 57 Some of the awards were designated as interest-bearing funds and have drawn interest since the date of the appropriation. Expenditures were made from interest during last year as follows: Tesuque: Equipment

$1, 968. 29 Freight.

42. 01 Picuris: Land.

500.00 San Ildefonso: Land..

1, 173. 30 Santa Ana: Attorney feez

9. 09

Total.

3, 692. 69 The exact expenditures for 1936 or 1937 cannot be determined in advance. No part of the amounts awarded the pueblos is used for administrative purposes.

Language change.The wording of the text of this item as now written so restricts the use of these funds i hat requests of the governing officials of the pueblos for the purchase of farming equipment, and other articles of general benefit to the pueblo as a whole must be denied. Some of the appropriations permit such expenditures, while others do not. The text submitted would permit uniform procedure for all pueblos. These Indians, because of their well-established local government and their ability intelligently to handle their own problems, should be able to draw upon these funds for general purposes considered of real benefit to the individual groups.

We are opposed, however, to per capita distribution of the funds, and have worded the new text so as to prohibit such payments. Our proposal is in harmony also with section 19 of the act of June 7, 1924, providing"That all sums of money which may hereafter be appropriated by the Congress of the United States for the purpose of paying in whole or in part any liability found or decreed under this Act from the United States to any pueblo or to any of the Indians of any pueblo, shall be paid over to the Bureau of Indian Affairs, which Bureau, under the direction of the Secretary of the Interior, shall use such moneys at such times and in such amounts as may seem wise and proper for the purpose of the purchase of lands and water rights to replace those which have been lost to said pueblo or to said Indians, or for purchase or construction of reservoirs, irrigation works, or the making of other permanent improvements upon, or for the benefit of lands held hy said pueblo or said Indians.

ORIGIN OF FUNDS

Mr. Johnson. Mr. Dodd, will you please explain how these funds were obtained by the Indians?

Mr. Dond. These funds grew out of the act of June 7, 1924, which created the Pueblo Land Board and clothed it with certain powers to go in and investigate land and water-right losses in the several pueblos and to make recommendations to Congress. Over a period of years Congress has appropriated $620,904.58 to comply with the findings of the Pueblo Land Board. On page 49 of our justifications we give a complete break-down of the amounts that have been appropriated, and the amounts expended to June 30, 1935. Then we show the

139751-37-pt. 1

57

amounts that were later authorized by the supplemental act of May 31, 1933, and the acts of August 26, 1935 and June 4, 1936 relating to payments to non-Indian claimants.

As a result of the operations of the Pueblo Land Board, and subsequent legislation by Congress, $1,382,786.46 was awarded to the Indians, and $280,535.37 to non-Indians who were occupying some of the land. Those moneys decreed to the Indians have been deposited in the Treasury to the credit of the Pueblos. We want authority to use them for such things as the governing officials of the various pueblos may indicate. This item is a continuation of text that has been in the bill for some 7 or 8 years. We have modified it several times to meet changes in conditions, and we are suggesting two more changes this year. One change is to make the money available until expended. We would then drop this item from the bill.

The funds belong to the Indians. Section 19 of the original act provided that the money be transferred to the Commissioner of Indian Affairs for such use as the Indians directed. The money is not used without the consent of the Indians. They submit their requests for the use of the money for such purposes as they want. At the present time, they cannot use it for all purposes, and, therefore, we propose a change in the text which will permit the money to be used for the purchase of land and water rights, the purchase of equipment for industrial advancement and fencing, irrigating and improving lands, and for such other purposes, except per capita payments, which may be recommended by the governing officials of the particular pueblos involved, and be approved by the Commissioner of Indian Affairs. The new text is in harmony with section 19 of the act of 1924.

Mr. Johnson. This proposed language is in harmony with the basic act.

Mr. Dond. Yes, sir. Section 19 of the act of June 7, 1924, provides as follows:

That all sums of money which may hereafter be appropriated by the Congress of the United States for the purpose of paying in whole or in part any liability found or decreed under this Act from the United States to any pueblo or to any of the Indians of any pueblo, shall be paid over to the Bureau of Indian Affairs, which Bureau, under the direction of the Secretary of the Interior, shall use such moneys at such times and in such amounts, as may seem wise and proper for the purpose of the purchase of land and water rights to replace those which have been lost to said pueblo or to said Indians, or for purchase or construction of reservoirs, irrigation works, or the making of other permanent improvements upon, or for the benefit of lands held by said pueblo or said Indians.

Mr. FITZPATRICK. How do you agree upon the amount?

Mr. Dond. The amounts were determined after taking testimony in the field; through visiting a large number of the sites, and making positive appraisals right on the ground.

Mr. FITZPATRICK. They have no control over it, then. They can use that money only as permitted by the Department. You have control of it.

Mr. Dopp. They have the control. The act passed in May 1933 recognizes the right of the Indian to say what it shall be allocated or used for.

Mr. FITZPATRICK. You would not want to see the whole amount to be turned over to the Indians to be used at their own discretion.

Mr. Dopp. No, sir; although they have been making a splendid record in the use of the funds that have come into their possession. The Indians themselves want to use the money for the purchase of

land, and this being an irrigation area, they want to construct dams, ditches, and other irrigation works. Then they want to purchase farm equipment that can be used by the community. It would be used for the benefit of the whole group. When harvest time comes, they go out and help one another.

Mr. FITZPATRICK. What I want to know is this: When you agree upon the amount, what percentage goes directly to the Indian, or to his benefit, and what percentage of the total amount is used for paying administrative expenses?

Mr. DODD. No part of this fund is used for administration.
Mr. Johnson. How much money has been spent?
Mr. Dond. Through June 30, 1935, $172,684.90.

Mr. Rich. You are supposed to approve the expenditure of the money, after they decide on what they want to use it for: Now, do you find that these Pueblo Indians are using their money to good advantage, as a rule?

Mr. Dond. Absolutely; yes, sir.

Mr. Rich. Do you have any differences between the Department and the Indians as to the purposes they want to spend the money for?

Mr. Dond. We have had no differences at all in connection with it.
Mr. Rich. How long has this been going on?
Mr. DODD. The first appropriation was made in 1927.
Mr. Rich. It has been going on for 10 years?

Mr. Dodd. Yes, sir; the awards were not all made at once. As the Board would settle one Pueblo claim, we would report to Congress and get an appropriation; so that these appropriations were made over a period of something better than 10 years. The next item in the bill is next to the last appropriation in fulfillment of the obligations to these Indians.

Mr. Rich. You have only one more appropriation to make.

Mr. Dond. We have one in this bill for the second instalment. The third instalment authorized by the act of May 31, 1933, will be included in the 1939 Budget.

Mr. Rich. They will not be continuing after next year.
Mr. Dond. No, sir; after next year this will disappear.

Mr. Rich. If they have made such a wonderful record, I do not see why we should continue to give them advice and look after them.

Mr. Dond. This is simply appropriating funds to meet the known obligations of the Federal Government.

Mr. Johnson. This is to compensate those Indians for the loss of water rights.

Mr. Dodd. For land and water rights; yes, sir.

COMPENSATION TO PUEBLO INDIANS, NEW MEXICO Mr. Johnson. Your next item is on page 77, for compensation to Pueblo Indians of New Mexico.

Mr. Dodd. I submit for the record the following justification: Regular appropriation, 1937 act..

$253, 960. 61 Deduct nonrecurring and other items not required in 1938: First of three installments...

253, 960. 61

Base for 1938..
Increases requested for 1938: Second of three installments...

253, 960. 61

Total estimate, 1938.

253, 960. 61

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