PART III SUMMARY SHEET Evaluation of the Arkansas Riverbed from Three Forks Area to Arkansas- Chairman ABOUREZK. What is wrong with 6 months from the date of enactment? It seems to me that once the appraisals are made then all that remains is not much. Senator Bellmon. I would not object. I would agree with 6 months. I hope that is not too optimistic. If it is we can discuss it at that time. Chairman ABOUREZK. Sometimes the Interior Department and the BIA cannot even get a cup of coffee in 6 months. [Laughter.] I see the BIA people are laughing just as hard as everybody else. [Laughter.] Chairman ABOUREZK. I think it is best to put a limit on it. Chairman ABOUREZK. I want to express my thanks to you. Senator BARTLETT. Sometimes the BIA cannot even get a commissioner every 6 months. [Laughter.] want to thank my colleague, Senator Bellmon, for his fine testimony and for his strong support of this proposal. He is anxious about something being done. I agree with him. I have discussed the matter with the Department. They have proceeded in good faith but very little has happened. I appreciate all of the efforts that my colleague from Oklahoma has put into this very important matter. Senator Bellmon, I thank you. Chairman ABOUREZK. We thank you. Senator Bartlett? STATEMENT OF HON. DEWEY F. BARTLETT, A U.S. SENATOR FROM THE STATE OF OKLAHOMA Senator BARTLETT. First of all, I want to thank the chairman for scheduling S. 660 for a hearing and the committee staff for the fine job it has done in preparing the legislation for consideration by this committee today. The purpose of this measure is to authorize the Secretary of the Interior to enter into an agreement or agreements with the Cherokee, Choctaw, and Chickasaw Nations or tribes of Oklahoma for the purchase and/or lease by the United States, of their interest and right in the bed of the Arkansas River. I will not take the committee's time to go into the history of this case because it has been a long, tortured legislative and judicial process involving many, many years of tribal time and efforts. In April 1970, a little over 7 years ago, the Supreme Court affirmed fee title and right to possession in the bed and banks of a certain portion of the Arkansas River in the Cherokee, Choctaw, and Chickasaw Nations of Oklahoma. Since that time, the Congress has appropriated and the Department of the Interior has expended in excess of $1 million to conduct a survey and appraisal of the mineral reserves and valuations in that portion of the river in which the Supreme Court conferred ownership in the three nations. The appraisals were completed in early 1976 and have been accepted by the tribes involved. In March 1976, the three tribes involved requested the Department of the Interior, their trustee, to negotiate a settlement of their interests in the riverbed based on the Government's appraisals. They were told that legislative authority was needed to enable the Department to enter into such negotiations with the tribes. Pursuant to this response from the Interior Department, I requested from them and was furnished draft legislation that would give the Secretary the needed authority which Senator Bellmon and I introduced as S. 660. I am, therefore, deeply disturbed to learn this morning that the Department of the Interior is opposed to this legislation, and I wait with great anticipation for their explanation of the reasons for taking this position. Mr. Chairman, I cannot stress too strongly the importance to the tribes, and the State of Oklahoma as well, that a settlement of the interests involved be reached as soon as possible. The benefits that will be derived from a settlement in this matter could quite conceivably determine the future of the entire eastern half of Oklahoma where the majority of Cherokee Indians reside, and contribute greatly to the economic self-sufficiency of the other two tribes. In the long run, a settlement such as is envisioned in this case, if managed properly, can save the Federal Government millions of dollars in Federal aid. I support the purposes of S. 660 and urge the committee to act expeditiously on the measure so the tribes and Interior can get on with the task of negotiating a settlement in this matter. Chairman ABOUREZK. Thank you, Senator Bartlett. Our next witness is Mr. Raymond Butler, Acting Deputy Commissioner of Indian Affairs, Department of the Interior. He is speaking for the Department. If you will introduce the people with you. STATEMENT OF RAYMOND BUTLER, ACTING DEPUTY COMMISSIONER OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR; ACCOMPANIED BY CHARLES E. O'CONNELL, JR., ATTORNEY, OFFICE OF SOLICITOR, DEPARTMENT OF THE INTERIOR; AND RALPH REESER, DIRECTOR OF CONGRESSIONAL AND LEGISLATIVE AFFAIRS, BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR Mr. BUTLER. Thank you, Mr. Chairman and Senator Bartlett. To my left is Mr. Charles O'Connell, from our solicitor's office. To my right is Mr. Ralph Reeser, our legislative counsel for the Bureau of Indian Affairs. If I may I would like to summarize the prepared statement and I would like to have it introduced into the record. Chairman ABOUREZK. So ordered. [The prepared statement of Mr. Raymond Butler follows:] STATEMENT OF RAYMOND BUTLER, ACTING DEPUTY COMMISSIONER OF INDIAN AFFAIRS BEFORE THE MAY 25, 1977 HEARING OF THE U.S. SENATE SELECT COMMITTEE ON INDIAN AFFAIRS ON S. 660, A BILL TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO ENTER INTO AN AGREEMENT WITH THE CHEROKEE, CHOCTAW, AND CHICKASAW INDIAN NATIONS FOR THE PURCHASE AND/OR LEASE BY THE UNITED STATES OF EACH NATION'S RIGHT AND INTERESTS IN THE RIVERBED OF THE ARKANSAS RIVER, AND FOR OTHER PURPOSES. Mr. Chairman and members of the Committee, I am pleased to appear before the Committee today to testify on S. 660. S. 660 would authorize the Secretary of the Interior, after consultation with the Secretary of Defense, to enter into agreements with the three Nations for the use, lease, and/or purchase of any rights of such Nations in the bed of the Arkansas River. The Secretary of the Interior is to use as a basis for any agreement terms the value of the property rights of the Nations in the Arkansas Riverbed, determined by appraisals conducted by the Secretary and accepted by the Nations, and the payment terms shall not be less than such appraised value. Any agreements reached are to be submitted to the Congress and will become effective in 60 days of submission unless disapproved by a resolution of either House. In 1969, the United States Supreme Court considered the question of the ownership of the bed of the navigable portion of the Arkansas River in the State of Oklahoma and held that, with respect to the stretch of the river between the confluence of the Grand and Canadian Rivers, the Cherokee Nation alone holds fee title to the riverbed. The Court further held that, below the confluence with the Canadian River to the OklahomaArkansas bordar e Choctaw, Chickasaw, and Cherokee Nations hold title |