Federal Government to the State. The treaties with these three tribes created a unique situation, however, which was not resolved until the Supreme Court finally determined we owned the bed and banks of the Arkansas River all along. The navigable McClellanKerr Navigation Project was already well under way. Individual land owners whose property was taken by the project had been compensated. We feel that if anyone had known at the time that the bed and banks of the Arkansas River really belonged to us, then we would have been justly compensated like everyone else.

Let us correct this mistake once and for all. This Bill provides for the most logical first step to take. It is our responsibility and duty-- yours and ours-- that we move with all due speed toward a fair and equitable resolution of this matter. It is also my duty as Principal Chief to seek to increase the capability of our Tribal Government to serve the needs of the Choctaw people. The per capita income of the Choctaws is less than half that of the State of Oklahoma. Almost twenty percent of the entire Tribe is receiving Public Assistance and over half our people live in substandard housing. Jobs are scarce in Southeastern Oklahoma. The Choctaw Nation is in a position to do something about these problems. Goals set by the Tribal Government include programs for health, housing, education and employment. Jobs can be created through Industrial Development and our work force can be upgraded through training.

A negotiated agreement which would resolve our ownership interest in the Arkansas River could provide the means whereby

Chairman ABOUREZK. The written testimony of Gov. Overton James will be entered into the record at this point.

[The prepared statement of Governor James follows:]

our goals may be obtained. Not only can the conditions of our

own people be improved, but this would provide a much needed
economic boost to the entire area of eastern Oklahoma.

is a first and necessary step in that direction.

This Bill

We must follow through with our responsibilities. We must

move together to see that this situation is corrected. The
Secretary of the Interior must be given the authority to negotiate
an agreement. To do otherwise deprives us of our property
without compensation in effect, which is, of course, prohibited
by the Constitution.

I thank you for allowing me this opportunity to be heard and we
sincerely hope that you understand how important this legislation
is to all of us concerned. I will be happy to attempt to answer any
questions which you may have.

EXECUTIVE OFFICE

CHICKASAW NATION OF OKLAHOMA

TESTIMONY

BY

GOVERNOR OVERTON JAMES

Mr. Chairman, Members of the Committee and Senator Bartlett.

I appreciate the opportunity to appear before this committee to present testimony in regard to S. B. 660.

I am Overton James, Governor of the Chickasaw Nation. I am here today

as a representative of the people of the Chickasaw Nation.

I concur with the testimony offered by Chief Swimmer and Chief Gardner. They have covered the subject well, however, I would like to add this to it. As you know, the Supreme Court has said that the bed and banks of a portion of the Arkansas River is our's. You are also aware of the McClellan-Kerr Navigation System, through which the federal government exerts control over the river. And you have been told of this financial restraint upon us that prevents us from exploiting the resources of the river. All of this effectively denies us any benefits due us as owners of property rights. We want what is rightfully our's, but since that is not practical, we want to be compensated for the loss of those benefits.

means of settling this matter most efficiently.

This bill provides the

By reason of early treaties, the Chickasaws owned an undivided one-fourth interest in the lands of the Choctaws. For that reason, we have actively joined the Choctaws and Cherokees in pursuit of this claim.

Also like the Choctaws and Cherokees, the Chickasaws suffer the consequences of poverty and unemployment. The tribal government of the

Chickasaw Nation is working to realize goals which will provide a better

living for our people, and eventually enable them to take a more active part in affairs that affect their lives. We have proven in the past that we can help our people. Give the Secretary of Interior the authority to negotiate a settlement withus and the realization of these goals will be within reach.

The duty has fallen upon you and us to solve the situation of the denial of our ownership benefits in the Arkansas River. As it has been said, further delay, in effect, takes our property without just compensation. Actually, we are losing money by the fact of the delay. We can't do anything with the resources ourselves, so we get no return on our assets that way. And since no compensation has been forthcoming we have lost interest on that which we should have had.

Now is the time to act. This legislation is how to act. Not only does justice and equity demand this action, but the law and our very system of government requires it.

I thank you for allowing me to testify here in behalf of the people of

the Chickasaw Nation.

If there are any questions, I will be happy to answer them.

Chairman ABOUREZK. Our next panel is comprised of two witnesses, Mr. Charles Tate a Chickasaw from Ardmore, Okla., and Mr. Jimmy Sam, a Choctaw from McAlester, Okla.

I welcome you to the committee. We are ready for your testimony.

STATEMENT OF JIMMY SAM, CHOCTAW, MCALESTER, OKLA.

Mr. SAM. Mr. Chairman, my name is Jimmy Sam, and I am from McAlester, Okla. Mr. Charles Tate is a Chickasaw.

Because the issues here are basically the same for the two tribes we would first like to make individual comments of a general nature. Then we would open up ourselves to questioning by the committee if this would be agreeable.

Chairman ABOUREZK. Yes, please proceed.

Mr. SAM. I would like to express my opposition to Senate bill 660. In addition, I have authorizations from four county presidents of the Choctaw four county councils who have authorized me to convey their dissatisfaction to the proposed legislation and have endorsed the stand taken in these hearings.

We have two primary objections to the bill. One: The Choctaw principal chief has no authority in the Choctaw Nation's constitution either to unilaterally seek or to enter into such agreements as are contemplated by this legislation.

Two: Even if the principal chief were to receive proper authorization from constitutionally mandated sources, the Arkansas riverbed studies contracted by the Bureau of Indian Affairs are clearly inadequate as a basis for settlement.

We ask that the Senate postpone action on this legislation until these two deficiencies are corrected.

Our major concern is that neither the Bureau nor the principal chief has recognized the integral role that the legislative branch must have in authorizing the pursuit of such legislation and in considering the appropriateness of the proposed agreements.

I am speaking of the internal institutional structures of the tribe itself.

Article 7, section 11, of the Choctaw constitution confirms the councils inherent legislative power, while article 5, sections 7 and 8, require the principal chief to act pursuant to legislative authorization only.

He has no authority to enter such agreements without legislative directive and article 2, section 2, prohibits issues of legislative powers. We expect this committee to respect these constitutional provisions of the tribes own documents.

STATEMENT OF CHARLES TATE, CHICKASAW, ARDMORE, OKLA.

Mr. TATE. I am a Chickasaw. I am here speaking for myself and also I have been asked to speak for three community groups within the Chickasaw Nation. These are Chickasaws within the Chickasaw Nation in Oklahoma.

Senator, first of all I would like to reiterate some things that have already been said by Mr. Sam. As he said earlier, there are similar situations among the Chickasaws and the Choctaws. We are both