89TH CONGRESS 2d Session } SENATE { REPORT No. 1689 PROVIDING FOR THE DISPOSITION OF FUNDS APPROPRIATED TO PAY A JUDGMENT IN FAVOR OF THE NOOKSACK TRIBE OF INDIANS OCTOBER 6, 1966.-Ordered to be printed Mr. JACKSON, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany H.R. 12437] The Committee on Interior and Insular Affairs, to which was referred the bill (H.R. 12437) to provide for the disposition of funds appropriated to pay a judgment in favor of the Nooksack Tribe of Indians, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE The purpose of H.R. 12437 is to authorize the distribution of judgment funds now on deposit in the Treasury of the United States to the credit of the Nooksack Tribe of Indians among eligible tribal members. NEED Funds were appropriated in 1965 to satisfy a judgment of the Indian Claims Commission in favor of the Nooksack Tribe in its docket 46. The judgment was for $52,383.50, less offsets amounting to $3,000. From the award, the sum of $6,313.43 has been paid for attorney fees and expenses. The remaining $43,070.07 is in the Federal Treasury where it is drawing interest at the rate of 4 percent per annum. Enactment of legislation along the lines of H.R. 12437 is required in order to make the funds now in the Treasury available for use by the beneficiaries of the judgment. Under this bill, the judgment fund and accumulated interest will be distributed on a per capita basis among eligible Nooksack tribal members inasmuch as the tribe has no reservation, tribal land, or tribal assets. There is not now in existence a list of living Nooksacks. The Secretary of the Interior, therefore, is directed by H.R. 12437 to prepare a roll of all descendants of members of the Nooksack Tribe as it existed January 22, 1855, the date of the Point Elliott Treaty under which the tribe lost to the United States the lands for which compensation was ordered in docket 46. Rolls on file in the Bureau of Indian Affairs, including "Roblin's 1919 Schedule of Unenrolled Indians" and agency allotment and census records, will serve as the base for the new roll. Proportional shares of heirs and legatees amounting to $5 or less will not be distributed but will remain to the credit of the Nooksack Tribe. Such sums as are not distributed to members of the Nooksack Tribe within 3 years after the date of enactment will escheat to the United States. Per capita payments will be exempt from Federal and State income taxes. EXECUTIVE COMMUNICATION The executive communication from the Assistant Secretary of the Interior, dated August 26, 1965, is set forth below: DEPARTMENT OF THE INTERIOR, Hon. JOHN W. MCCORMACK, OFFICE OF THE SECRETARY, Washington, D.C., August 26, 1965. Speaker of the House of Representatives, DEAR MR. SPEAKER: Enclosed is a draft of a proposed bill to provide for the disposition of funds appropriated to pay a judgment in favor of the Nooksack Tribe of Indians, and for other purposes. We recommend that the bill be referred to the appropriate committee for consideration and that it be enacted. Funds were appropriated by the act of April 30, 1965 (Public Law 89-16), to cover a net award of $49,383.50 granted to the Nooksack Tribe of Indians by the Indian Claims Commission in docket No. 46. These judgment funds are credited to the account of this group and draw interest at 4 percent per annum. The judgment was for inadequate compensation for lands in Washington and for valuable resources taken by the United States under the Point Elliott Treaty of January 22, 1855 (12 Stat. 927). Although the Nooksack Indians were not a direct party to this treaty, the Federal Government, by virtue of the Point Elliott Treaty, extinguished rights of occupancy to those lands held by the Nooksacks. Thereafter, these lands were treated as public lands and were disposed of by the Federal Government. At present, some Nooksack descendants have a loosely knit organization which was formed primarily to maintain the identity of the group and to prosecute claims against the United States. Membership in the organization is open to all descendants of Nooksack Indians and to any other American Indian descendants whom the organization elects to membership. This organization has not been approved by the Secretary of the Interior. The Nooksacks have no reservation, tribal land, or tribal resources. Some Nooksacks are living on public domain allotments located in Whatcom County near Everson, Wash. There has been a great deal of intermarriage with other Puget Sound and Canadian Indians. The proposed bill authorizes the Secretary of the Interior to prepare a roll of all descendants of members of the Nooksack Tribe as it existed in 1855. Of the rolls on file at the western Washington agency, Roblin's 1919 Schedule of Unenrolled Indians and agency allotment and census records appear to be the best sources available. The proposed bill, however, does not limit an applicant to either of the abovecited sources; other proof of Nooksack ancestry may be utilized. We have examined the possibility of programing. Since we are not dealing with a tribal group, but are dealing with scattered descendants having no group land base or natural resources, such use of the judgment moneys would not be feasible. The proposed bill, therefore, provides for a per capita distribution. Payments may be made directly to living enrolees, but the Secretary may develop procedures for the disposition of the shares of minors or persons under legal disability. Any residue funds after payment is completed shall escheat to the United States. The residue fund should be very small due to the fact that an up-to-date roll of living persons is to be used. It is our opinion that noting else is practical under the circumstances. The Bureau of the Budget has advised us that there is no objection to the submission of the proposed legislation from the standpoint of the administration program. Sincerely yours, HARRY R. ANDERSON, Assistant Secretary of the Interior. Nooksack Tribe (docket No. 46) judgment fund balance as of June 30, 1965 Gross award.. Less offsets.. Net award (14X7097 awards of Indian Claims Commission Total principal judgment fund (subject to legislation). interest above fund)....... Other tribal accounts in U.S. Treasury. Grand total as of June 30, 1965.. A BILL To provide for the disposition of funds appropriated to pay a judgment in favor of the Nooksack Tribe of Indians, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior shall prepare a roll of all persons who persons who meet the following requirements for eligibility: (a) They were born on or prior to and were living on the date of this Act, and (b) They are descendants of members of the Nooksack Tribe as it existed in 1855. Applications for enrollment must be filed with the Area Director of the Bureau of Indian Affairs, Portland, Oregon, on forms prescribed for that purpose. The determination of the Secre |