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L. 108, 109), to be entitled to increased compensation by reason of errors in the amount of award previously allowed or entitled to original awards by reason of errors in the omission of legitimate claimants. The non-Indian claimants, or their successors, as found and reported by the Secretary of the Interior, to be compensated out of said appropriation to be disbursed under the direction of the Secretary of the Interior in the amounts found to be due them, as follows: Within the pueblo of Nambe, $456.40; within the pueblo of San Ildefonso, $141.88; within the pueblo of Cochiti, $936.55; within the pueblo of Sandia, $1,292.21; within the pueblo of San Juan, $244.20; in all, $3,071.24."
The details concerning the claims involved are found in Senate Report No. 1745 (74th Cong.).
The item under consideration makes an appropriation pursuant to the terms of the act of June 4, 1936. Considerable delay may be experienced in disposing of some of the cases, and it is believed desirable that the amount appropriated should be available for 2 years.
Mr. Johnson. How much has been appropriated heretofore for that purpose? Is this the last estimate?
Mr. Dond. This, apparently, is the last estimate, The total amount of $280,535.37 has been found due non-Indian claimants. This appropriation of $3,071.24 is authorized by the act of June 4, 1936.
Mr. FITZPATRICK. Is this handled in the same manner as the other funds just referred to?
Mr. Dond. No, sir; this is to indemnify squatters or settlers who have been on the land. The lands have been decreed to be Indian lands, and we are paying for the improvements they have put on the lands.
Mr. FITZPATRICK. These are squatters on the land.
Mr. FITZPATRICK. You are simply proposing to pay them for their improvements.
Mr. Dodd. Yes, sir.
PURCHASE OF LAND FOR THE NAVAJO INDIANS, ARIZONA
Mr. JOHNSON. The next item is on page 83, for the purchase of lands for the Navajo Indians, Arizona.
Mr. Dodd. I submit the following justification for this item: Regular appropriation, 1937 act (unexpended balance continued avail
able). Base for 1938.
Total estimate, 1938 (unexpended balance continued available)-The act of June 14, 1934 (48 Stat. 960), authorized the appropriation of $481,879.38, reimbursable, to purchase lands within the boundary of the Navajo Reservation in Arizona as extended by that act. By the act of June 19, 1934 (48 Stat. 1035), a reimbursable appropriation in the amount mentioned was made. A considerable portion of thi money has already been utilized (Sept. 15, 1936) in the purchase of lands, as follows:
There are also under consideration additional purchases, as follows:
According to present indications, these two purchases will be completed in the near future.
The total sum appropriated for the Arizona portion of the reservation was based upon a prearranged plan for the acquisition of land and improvements within that part of the reservation. It will be noted from the foregoing that the purchase work is about completed. The remaining cases will consume the balance of the appropriation, which amounts to approximately $50,000. Owing to difficulty in some instances in obtaining satisfactory title promptly, and also due to the heavy demand on our field force in connection with other activities, it is probable that all of the purchases planned cannot be completed during the present fiscal year. For this reason such balance of the appropriation of $481,879.38 as may remain unexpended on June 30, 1937, should be continued available for use during the fiscal year 1938. This is necessary if our general land consolidation program for the benefit of the Navajos in Arizona is to be completed. The interests of the Indians require that the additional areas be acquired as planned. This apparently would be clearly in accord with the original intention of Congress to have these funds remain available for continued use, as the act of June 14, 1934, which authorized the appropriation, provided that the funds were to remain available until expended.
The general Navajo land consolidation program involves lands in Arizona, New Mexico, and Utah, and therefore, was embodied in three separate proposals for legislation. That part applying to Arizona has been taken care of by the act of June 14, 1934, mentioned above. The boundary as applying to lands in Utah was extended by the act of March 1, 1933 (47 Stat. 1418). That part of the program applying to New Mexico is all that remains uncompleted to date. Legislation to define the boundary of the reservation in New Mexico has been presented to Congress during a number of sessions, the legislation during the past session being identified as S. 2213 and H. R. 6542. This legislation contemplated authorization of a reimbursable appropriation of $482,136.22 to purchase lands and improvements within New Mexico and Utah. Unfortunately this legislation failed of enactment.
Mr. Johnson. What is the unexpended balance in the reimbursable fund that you are asking to be reappropriated?
Mr. Dond. Approximately $10,000.
Mr. Dodd. For the Arizona situation, yes, sir. You will notice that this provides for the Navajo Indians in Arizona: There is pending in Congress a bill to define the boundaries of the Navajo Reservation in New Mexico, and authorizing an appropriation of about $480,000, to be reimbursable from future accruals of tribal funds. If we get that legislation through, the complete boundaries of the Navajo Reservation will be established. This item is carried now because of difficulties that we will explain in connection with the next item on page 84.
Mr. FITZPATRICK. There is no new money appropriated.
PURCHASE OF IMPROVEMENTS OF CERTAIN NAVAJO INDIANS,
ARIZONA Mr. Johnson. The next item, on page 84, is for the purchase of improvements belonging to certain Navajo Indians, Arizona.
Mr. Dodd. The following justification is submitted for the record: Regular appropriation, 1937 act. Base for 1938.. Increases requested for 1938: Indemnifying Indians for improvements. $7, 315 Total estimate, 1938.
7, 315 The act of June 14, 1934 (48 Stat. 960), established the boundary of the Navajo Reservation in Arizona and, among other things, authorized the consolidation of Indian holdings within the reservation boundaires and the consolidation of nonIndian holdings outside the reservation boundary in Apache, Coconino, and Navajo Counties. This involves the moving of Indians on the public domain to the reservation and non-Indians from the reservation to the public domain.
A large percentage of this consolidation plan by removal is accomplished through exchange of lands, which also embraces a large number of public-domain allotments. In some instances these allottees have improvements on their lands which are of value to the owners, but which have very little value from a salvage standpoint and would be of practically no value to those persons who might acquire the lands upon which they are located under exchange. The act of June 14, 1934, authorizes the purchase of improvements belonging to non-Indians who remove from the reservation, but no provision was made to pay for the improvements of Indians on the public domain who move to the Navajo Reservation. Many of the Indians whose improvements are valueless have relinquished their public-domain lands. There are about 15 others, however, whose improvements are valuable to them and who will not give up their lands unless they are paid for the improvements. These Indians have about 2,400 acres of land. Their improvements have an appraised value of $7,315. A list of the allotments and the character and value of the improvements on each allotment follows:
The valuations in each case are acceptable to the Indians and they are willing to relinquish their allotments upon payment for the improvements.
It is our belief that these Indians are fully entitled to the amounts listed opposite their respective names. Also, if their lands are not made available for exchange that fact will seriously interfere with the consolidation of some 150,000 acres of land within the boundaries of the reservation belonging to the Santa Fe Pacific Railway Co.
Mr. Johnson. Suppose you give us a further explanation of the purpose of this new language on page 84. This appears to be a new item.
Mr. Dodd. In attempting to complete our Navajo purchases, we found that there were a number of Indians who had occupied public
domain lan is and had put some inc.provements on them. On page 64 of the justifirations there are indicated the asmes of the allottees, & denpuisn of the lands in question, and oi the improvements, the total value oi the improvesents being $7,315. Testtempted to get this item in & deficiency bill last year, but we came in too late with it. We want this item on page 1. which authorizes the use of tribal funds for the completion of this transaction insofar as the Arizona part of the reservation is concerned.
Mr. Rich. That is, it is to be paid out of their funds, and not out of the Treasury.
Mr. DODD. Yes, sir; that is true.
PURCHASE OF LAND FOR NAVAJO INDIANS, UTAH Mr. Johxsox. The next item, on page 85 is the purchase of land for the Navajo Indians, l'tah.
Mr. LODD. I submit the following justification for the record: Pegular appropriation, 1937 act.. Bane for 1938.Increases requested for 1938: Purchase of lands and improvements. - $20,000 Total estimate, 1938.
20, 000 By Executive order of May 15, 1905, and the act of March 1, 1933 (47 Stat., p. 1418), certain lands in the extreme southeastern corner of the State of Utah were made a part of the Navajo Reservation.
Within these areas are certain private interests that should be purchased to remove the white men's holdings from within the boundary of the Navajo Reservation, and also to supply additional lands for use by Navajos who now roam the public domain in that vicinity and are causing considerable trouble to white ranchers on the public domain and in the proper administration of Indian affairs at that point. The Indians have agreed to move onto the reservation if the privately owned lands in question were acquired by the Government.
The Indians on the public domain and the white stockmen of the Montezuma area have been in serious difficulties for years over use of the range. Removal of this controversy by the Government through purchase of the private holdings within the boundary of the reservation for the Navajos is certainly desirable and would be a very worthy move. This would not be very expensive. The properties in the 1933 addition can be acquired for about $10,000. Purchase of these holdings was covered by the New Mexico Navajo boundary bill under consideration in the last session of Congress. Its failure of enactment makes efforts along other lines necessary to purchase tnese holdings. In the 1905 Executive order area there are private interests that can be purchased for around $6,000. These properties were not included in the Navajo boundary bill. Some of these private property owners also have improvements on the public domain lands that were added to the Navajo Reservation by the act of March 1, 1933. It is also neceshary to purchase such improvements if the area is to be made available solely for Indian purposes.
It is believed that the sum requested will be sufficient to meet all purchasing expenses.
Mr. Johnson. This money is payable from tribal funds.
Mr. Dopp. Yes, sir. This is a new item involving the purchase of land in Utah for the Navajo Indians. If you will notice, that reservation extends a trifle into the State of Utah, although most of the reservation is in Arizona and New Mexico.
Mr. FirZPATRICK. Is that arrangement agreeable to the tribe?
Mr. Dopp. Yes, sir; it is absolutely agreeable to them, and for that reason we want to buy it as rapidly as possible.
Mr. Rich. What need do they have for that land now?
Mr. Dond. This is to consolidate their reservation by getting rid of some checker-board holdings within the reservation. They want this area there for grazing sheep. As it is now, they are trespassers on other lands.
Mr. Rich. Are the lands owned by individuals or by the Government?
Mr. Dond. They are owned by individuals.
Mr. Rich. Do we not have some Federal lands there with which to make the exchanges? Could it be done by getting rid of some Federal holdings?
Mr. Dodd. Not in this area. If you will refer to this map, you will see what I mean. This sindicating) is the exterior boundary of the reservation. There have been some white people who have received public domain allotments within this area.
Mr. Rich. Are they living on the land?
Mr. DODD. Yes, sir; some of them are. We have had many conferences with the people who now occupy the lands, and agreements have been reached.
Mr. Rich. What is the charge per acre for that land?
Mr. Dond. I will ask Mr. Stewart, of the Land Division, to answer that.
Mr. STEWART. That land averages about $2 per acre, for grazing land. This item provides for payments for the land and for the improvements. These lands are entirely surrounded by NavajoIndian lands within the reservation area, and they are unable to make any use of the land or the improvements. It is impossible for them to relinquish these lands to the Government by making exchanges, because there are no lands on the public domain there available for exchange.
Mr. Rich. The average price, you say, is about $2 per acre.
Mr. FITZPATRICK. How does that price compare with the assessed valuation of the land?
Mr. STEWART. The assessed valuation is rather lower than thatperhaps, $1.50 per acre. It is semiarid desert land, and is only usable for grazing
Mr. FITZPATRICK. You say the assessed value is about $1.50 per acre.
Mr. STEWART. I think so; I do not have any accurate information at hand.
Mr. Johnson. Are the Indians in favor of spending their money that way?
Mr. Bodd. Yes, sir; they have asked that this be done.
Mr. Rich. Have the Indians in that locality any funds to their credit which they can use for the purpose of acquiring additional land?
Mr. Dodd. They will use tribal funds under both of these items. Both are tribal fund items. The Navajos have a total of about $132,000 to their credit. Last year they received about $62,000 from oil royalties, and they have obligated most of that money for the purchase of land.
Mr. FITZPATRICK. Will any part of that fund be paid to agents, lawyers, or brokers in making the transfer?
Mr. Dond. No, sir; not 1 cent of it.