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ALDPWN SUORTING COMPANY NA S4 401
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136
8. 695
Washington, D. C.
presiding..
Shuford,
ing.
137
day. Tht was the first point 1 mentioned, which is whether the
ment, but I failed to point out that under the Tribal Consti-
vote.
those claims.
will have any bearing one way or the other upon the tribal
be removed from the area for several years yet, and during those
to them today may not be the things they need eight years from
the bill, this subject is separate and distinct from the compen-
all matters" --
give the tribe the final say, the final decision, on what kind
not just the members who are living in the area that is akfeot
recommendation.
members of the tribe and the relocation:of the members of the trit
tion for the lands taken and in compensation for the indirect
market value at the time and place of the taking of the property
is the measure?
has been followed. Although the parties have not agreed upon
indirect damages.
is general rehabilitation.
separate bill?
needs of thelndians.
Proceed.
Senator Watkins. Untol you know that you really have some-
pay the taxes. Inasmuch as normally the tax will not be levied-.
there will be income from the land that would be available for
over to a trustee?
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146
able.
The bill provides that any of the Indians who are removed
from the area because their land: is taken will have the privi-
the present owner. After the death of that owner, the restric-
trust land wishes to sell his land and go to Chicago and buy a
by the Indians.
Do they have additional lands that will not be taken for the
that will be taken are the more valuable lands, and the lands
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148
just heavy gumbo. It is the stuff they talk about, that "if
close by?
the reservoir. .
Jim River and use it over there. But the more the inveltigatia
flood control?
149
,B
n
s
Senator Watkins. What recreation?
-'--
some length the fact that under the proposed plans there will
lands and the line of the reservoir, so that the Indian lands
details.
at the present time that are under construction; and there wil
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150
exact figures.
restricted fee for the life time of the owner if the land is
from the discussion that has gone before that the sum of mona y
figures are used at least an equal sum of mony over and above
This bill does not treat with how that money should be
used or spent.
provision?
any provision into the bill now. But I want to make it clear
Mr. Sigler. It includes it, but the Indians will use 'the -
are going to buy the lands and give them fair market value at
the time of the taking plus any severance damages that may come -
into the picture, then it would seem that actually the money
for the buying of the new lands ought to come from the money
of the lands taken and then to supplement that sum with what-
then ask for permission for him to develop those ideas. Because"
and what they need it for. And I am suggesting now that the
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indirect damages include that as one element, if Congress
Is this tree-covered?
is cover along the river, and that is the area that will be
flooded. And theremoval of the cover will force the game away,
and the Indians on the upper lands will not have access to what -
1620.
that is over and above the damage that will result from the
They will be forced to buy meat if they can't go outand shoot it,
report. Copies have been made available to both the Indians and
more details about the way in which the appraisals were made by i
!
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156
the Bureau, the appraisals of the land, and the way in which
taken?
yesterday's testimony.
of the land?
two million and a few thousand.. The Tribal request was two
tion is right in between those, and Mr. Fuhriman will tell you
how he got that figure. That is the direct damage, the value
top of that.
an agreement on.
Mr. Sigler. No. The negotiations came toa stop when they
the direct damage, the two or two and a half million figure.
When the Indians and the Army failed to agree on that figure,
has been embodied in this bill that you are considering today.
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158
the edge.
many Indians?
allottees, and also the ribe has some tribal land, so that the
entire tribal membership will benefit from any figure paid for
tribal lands.
will be for the benefit of the entire tribe; that is, the loss
study on this, but I just didn't have time. I have been meeting
to many places and doing too many things and didn't get a chance
Senator Watkins. That is all the fee patent land you have?
allotted land, any part of the allotted land that will not be
taken?
you out it in two and only take 300, there might be some sever-
anoe?
and the figures that Mr. Fuhriman gave have included that elemean
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Senator Watkins. There are three ways, the Army way, the
could review for you the way in which the appraisal figure of
the Department was derived and the way in which we have prepared
either for them. We just take it, and they have to go out and
that the lndians, these Indians, are normally not in the same
farms and had to practically move a town, and we paid them what
the property was worth at the ordinary sale, fair market value, *
paid them for their improvements, and where they had severance,.
market value of the property at the time and place of the taking
go toward the cost of the moving and so on, so that the idea
And this proposal that you are considering now would involve
at the time and place of the taking, so by the time you get
162 1
through, you have nearly a hundred per cent increase. That
uent, the appraisal was placed way over and above the actual
Chairman.
the Bureau of Indian Affairs and the Army jointly made a timber
so forth.
right.
So that those two, the timber cruise and the soil survey,
which had previously been made and the timber bruise which had i
been made.
Tribal Council.
of the land. The people who had made the soil survey and the
A
if they could come up with a land classification which would be
agreeable,
at a reappraised value.
and to mark down the percentage of the land that was taken as
compared to the percentage that was left, but were not author
by the committee.
review that as they went out over these various. tracts in dispu
they were to make notations for their own uRe as to what the
a proper fair market value for the various classes and grades
the result.
did have people that went out and examined each individual
of view. They examined ample tracts 'in the first spot check
ones with the reviewing committee. So that we feel that they :'
of these various classes were that they had seen on the grouad
so that our average value that was used in arriving at the total&
timber, mineral rights, and the uses to which the lands are
reasonably adapted.
did not take into account mineral values or gas and oil.
mineral rights.
area.
Harding County where they have struck oil. They have drilled
have had pretty good showing, but they haven't anything produc-
and a quarter?
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9-A 168
Senator Watkins. What was the reason why you didn't .take
tracts were in large bodies, and it was thought that the tribal
indirect damages,
you have about 90 percent .f the timber land and a good deal of
the best watering places and meadows, taken. So that the sever-
ance here amounts to only about 40 per cent of the total value
condemnation,
which
ay is ut for
which is out for bay.
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169
or not continue.
probably stems from this latter part, where they were to .take
We did take into account the purpose to which the lands are
the area.
that was years ahead, and as yet it hasn't entered into the
ation the use to which the lands in the taking were reasonably
talking about?
bottom lands are the recent alluvial lands that have been
produce what you call dry land wheat and things of that sort.
ive operation. Even after you have your water supply secured,
great advantage, if you have lands that you can take care of
included in here, which the tribe has put in. We put no value
for the river bed. In the acreage there is something like 600
zero value.
streams,
prices at that level. Our appraisers evaluated the sales that had
172
been made prior to that time in terms of what the prices were ;
Senator Watkins. Have they been going up, or down, out ther4
since?
In July of 1952, which was the last period for which we had
prices had gone up about 4 per cent from the time our appraisal
rates. For instance, we had used for the upland grazing area
could come in and Justly say that their particular land was
was arrived at in that way, the 1951 appraisal plus 4 p)r cent
Mr, Ernie Salley, who has been with the Bureau of Indian
Affairs for about twenty-six years and most of the time has bet
program for Indian lands, You will remember that some years
Mr. Fuhriman. 1 can give you the figure. They have some
the reservoir?
Mr. Fuhriman, Yes, all the bottom lands along the river.
vation.
west, is it not?
vation.
The recent alluvial land in the river basins is the best land
These people could tell you better how much. That didn't parti-
cularly damage it for the use bte Indians are having now, which
reservation?
give you the best indication of it. The Indian reservation exteao
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176
vation?
The grass out there last year, for instance, -- there was nothla
like it any place. Yu could cut a ton and a half of wild hay
to the acre.
Senator Watkins. You mean they catch flood waters and hold-
Spring,
for our approval here. And I might point out that the appraisal .
to you.
of the appraisals for the Army and for the Indian Bureau and
figures.
Mr. Sigler. The point Mr. Fubriman has just made, though,
even. And the increase that is proposed in our official report ** !*-
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178
theory they will buy, take fee title to, the land up as far
water will get once in five years, as I understood it, the mean
average. From there on they will not take fee title,but only
a flowage easement.
better.
179
the Oahe and Fort Randall Reservoirs. The Corps have advised
the taking for the Fort Randall Reservoir, which involves the
Crow Creek and Lower Brule, and that of Oahe, which involves
the letter that was received from the Corps Just recently,
Lower Brule, but that they had not yet completed their studies
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180 . -
fee take.
(sio) we have come into possession of the topo maps and the showing
in correspondence.
Representative Berry. But -you did not mail the letter out,
Is that correct?
each of the four tribes involved within the past ten days, I
believe, sir. One copy was sent to Mr. Case, to the attorney
here.
Senator Watkins. What you are talking about now is the las
reservoir, do you?
there on you may have- year or two when it will be much higher.
But the land could be used probably seven years out of ten.
You could count on that, about seven years out of ten. That
mind here?
.4
Representative Berry. That is what we are talking about
that when you do have a flood you are going to have a terrific
easement, the land owner had almost a hundred per cent of the
182
that the use of that land owqer would be dependent upon the
odd acres under this amount spoken of, 1 was told also that
to 1617.
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183
to too uoch on this dam.
Mr. Kimbel, I think that is correct. That is why I
tion?
Sioux Tribe.
nity to apply it to our own lands and see what the matter
one has come forward to say, "The Joint policy of such aid
such a date," and no one has furnished us with any copy tiereof
In its present form, the bill provides for the taking of a fee.
stages.
made to us was that we want this title in fee within the ak-
with you."
It is not part of our case. Our case depends on this bill and
turn to talk.
the possibilities.
You may have entered into agreements and all that sort
of thing, and we may honor them or may not honor them. After
all is sAid and done, the Army Engineers and the Indian Bureau
only have such authority as the Congress has given them. And
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186
be hard and fast, unless you had been given the authority.
oents.
policy, that does affect the Oahe taking line. And we are
later on.
yes,
The next group was the losses that they sustained because
which has been made available. I can say briefly that this first
of moving individuals.
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188
of those are residing in the taking area. Very few are on the
recognize that the taking of the valley lands, the major source
tion.
about 2,500 acres, acd figured out how much it would require
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ranchers?
operate, they are in the wry small category, sothat their income
is relatively low.
then?
do. I oan see where we begin to get into two fields, the
are not succeeding, and they can't compete and make a living
measured accordingly.
the man in the same position he now is. It may not be a good
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191
plant trees, so you have to t.f lumber and build some sheds.
cost about $1.58 per acre. And those 100 farms -- of course,
figured, based partly on this $1.58 per acre for the small
faras,that it would take about $1.25 per aore for the tribal
you have here, and how far back the various livestock units
extend, all along the taking area, which runs about up into hb
192
reservoir.
just for this one feature, I do want the Senator to have the
Council, who has been working on this thing for four years
_
193
Mr. Ducheneaux. They had leased the land, yes. They had
where they felt they had a vested right in that land there and
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194
from Chioago, Illinois, and they came in there and paid the
Cattle prices began to rise, and they had that lease for
there. And the cattle in these big units depend upon this
That was the reason given by the Chicago outfit for not
'',-' 8 -- *
too.
that they could get access to the river and get to the timber,
Those are the four things we did. We broke them from large
bottom land.
value?
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199
already made?
1960 or 1961.
lease, then.
and the faot that theywill not have any winter range or winter
amount of acres.
amounts to $17.80.
hood?
Mr. Duoheneaux. Yeq, they have been sold for more than
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201
We were only able to get $5.41 per acre, because they didn't haVr
when we moved those cattle operators back and gave them the
head,
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202
you had during the Korean war boom, so that you can't oouat
cent no matter what the price of your rental may be, the
28 per cent.
to take a new lease now you might have to take a lower rental.
Senator Watkins. You mean you are making new leases now?
Congressman that you had an extra heavy crop of hay and grass
grow up there.
1 -I Now s,
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203
the United States, and the best grass is there in this area
right here.
cattle prices are going down you can Jump it from 7-something
Dakota Farmer.
received.
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205
article,
South Dakota State College, which points out that the oounatte
and the states have been reimbursed for their revenue losses.
And we think that if the states and counties are paid for their
believe.
Cf the file.
AFTERNOON SESSI ON
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207
*--f
Representative Berry. Mr. Sigler will continue.
damages.
before the river lands were severed. That is, by building stock,,*
the severance.
208
The figures for the most part, Mr. Chairman, are contained :
have some money that would restore the lads at least in part
-
209
hand, they will have the water and the shelter that they
could rent the land at something near the same price they are
complete and that the tribe would have exactly the same return.
ance damage. That was the only point I wanted to be sure the '
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210
areas that they are talking about are areas that are not going
poses.
Cheyenne Tribe. And, Mr. Case, you can int-oduce your witnesses ,
*s* ^
-t -: *-4'.
(S. 695 and N. R. 2233) which is now pending before this joint .. 5,
t-i
subcommittee.
similarly supplied.
The Memorial you now have before you discusses in con- '"t
siderable detail the damages which will result from the taking
17
of Indian lands for the reservoir and the various items which ~1
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will be necessary for the rehabilitation of the Cheyenne River
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212
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and just and that their only wish is for a just settlement
Oahe taking.
people.
C~ I 1 '- -- 1-r
pending before it in materially the nam torm they were
introduced.
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Representative Berry. Now,.will you proceed, Mr. Case? *.'
Memorial was presented to the Congress at this day and date and
time.
;;*'
we wish further to present tothe committee the Rejoinder ;e
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216-A
citations, because they are all set out in the memorial, and
what the negotiations were, who carried them on, what was
FirstSession.
go to the committee.
ratification.
sufficient, and it goes into that Act, then the United States
These people have been embattled for many years over the
c_- -_.- -
216-C
let me say that if the Act, the final Act, here, is acceptable
than we weld getting 50 per cont. We will get you 75 per cent
75 per cent?
ing correct?
defective title.
position?
on that.
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216-2 -
treaty and therefore the tribe still has a claim against the
Federal government?
three fourths."
should be done that way, but it has not been in the past, and
some of these claims that you have againt the Federal government
now, or that the tribe has, havecome about just by the failure
31W . '^
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gentlemen produce that majority to ratify, I think I can "
--
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Where our ladies are entitled to vote, they are put on the
Act?
_V-
Mr. Case. We did.
-t
Mr. Grorud. >y
That superseded the treaty provisions,the
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S.ar-o
*216-G
rt
three fourths vote, didn't it? ~t'";
r.a
Mr. Case. Not specifically. - c-~x--
-trt r_
is somethivgquite different.
I
Howard Act,
for the Congress. There isn't any doubt about that. So that
go out there and seek to get three quarters ofthe people signed
the partial agreements reached, and the basic reason for the
214.3
of the record?
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was the price of the land. And there the negotiations stopped.
report.
ing, the tribal Council and your orator got together and
negotiation committee for more than two years, men who are
Ife long residents of the area and men who know the land. All
Mr. Lloyd LeBeau, and Mr. Edward Claymore, are in that order
how they evaluated the .different elements, and how they came
to their conclusion
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217
*-
STATEMENT OF SIDNEY CLAYMORE, I'.
NEGOTIATOR, CHEYENNE RIVER
SIOUX INDIAN TRIBE.
* <J
Mr. Sidney Claymore. My name is Sidney Claymore,
.; i?
.-,.4
Negotiator, Cheyenne River Sioux Tribe.
'I'
$1900 on the appraisal, a discrepancy of a hundred dollars.
$100. \
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318
"If there are that many errors, we should not use it." He
stand that the Army Engineers said that the severance rights
mention was ever made, that they were taken into consideration,
self?
also in some cases listed timber and put it down at $50. But
this v figure, even though they had the tiabey cruise of Mr.
** -\ * ~-*** ^'
219
six weeks out there altogether, but that three weeks the
they didn't spend more than about three weeks on this entire
appraisal.
They had their group that started he upper end of the Cheyenne
River and worked east. And it rained. And the gumbo was
such that sometimes they couldn't even get a Jeep out on the
corner. You go down along the river and get that corner,
and then you work out. I had been down there checking over
some land three miles away from the river, and we practically
tracts.'
Engineers that there was $19,300,000 set aside for the purchase
have about one third of the entire acreage, which would -pproxi-
< / t.i
222
owner of every piece of land, and he knew who was leasing it,
at any time of the day, he could tell you who the land belonged
.years you have been doing about the same work on the Cheyenne
Reservation?
Representative Berry. And would you say that from thirty "
I~- -- - - .'->- -l -- - " "*
223
able.
)oes that mean simply the bare land, or the land, improvements,
everything?
in the country.
the MRBI staff. The timber cruise made by the MRBI we had
cruise.
their information.
matters and land matters that came up. The whole committee
what condition these fences were in, and it was the tribal
water i reservoirs.
that they were not satisfied with the trival value on houses.
our people come to the tribal office. We were there all the
time, we of the tribal negotiating committee. We had thede
business, the owners would drop in and say they wanted to hee
two members from the Corps of Engineers and the MRBI. I think
to do this.
1
227 't
ii
land sales in the county east of the river. r'
P
7
I think Mr. Berry yesterday pointed out in his talk that
.3
J~
there is no established marker on the reservation itself,
p
because of the fact that we are not allowed to sell this type
-- ~
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of allotments. :2
I think that the school land sales that are being made
later, in the last few years, show that the best schoollands
have been taken up years ago. These school lands are raw
lands. - --
policy, not to accept anything under $10 per acre. That shows
tion that the MRBI people set out in forms, and we have them
shows the current price but reduced in view of the fact that
ten dollars.
.*j
r. to As of school lands, we submit
Casesale
Mr. Case. As to sale of school lands, we submit the
-I
sold for, which was sold by the state school Commission of
- a!
South Dakota.
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230
in the area.
and these sales indicate the average price per acre of $20.56
record.
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231
fire wood is selling for $21 year after year. And on page
River bottoms.
various values of the cord wood that you would have and various
your value?
233
tribal severance.
an unworkable shape.
find any use for at all and the Army doesn't want it?
wouldn't it?
23 4 L
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happen, in a piece of tribal land or on an allotment. ~
Representative Shuford. And you would compensate the man
Mr. LeBeau. For the fact that it has been cut in two.
~
Representative Shuford. But he still has his land, and "
t
i
Mr. LeBeau.Right.
in my own mind.
does the individual owner of the land, the allottee, get that
money? /
more, and alno the bill specifies for a great deal more money
and a half isillion dollars. Have you figured that per acre,
too?
But you fix the value of the land, the timber, all improvements,
at $25.40 an acre.
-- -WWWM -- M-----LM
-WMI-, 1 IM,____I __ _~i^aMta
A36 -A
$25.40 an acre?
out to $2,614,778.95?
All right.
too high. However, we used their own cruise, and we feel that
..... _
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237
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we can sustain the actual failures in dollars for these
dollars per thousand for the cotton wood lumber. Times have
point.
would like to ask him about that. And I do h~ar a quorum call
_ I -~-- I
238 V
There are two points that I would like to make, on the basis
little bit about this loss of values not shIwn just in land
prices.
Indian."
by the Congress."
That is, we can pass a new law. We can overthrow the treaty
power.
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240
there was a little confusion arising out of the fact that may
not have been brought to his attention, that the Sioux nation
several tribes that are members of the Sioux nation, and that
this tribe but has to do with their over-all claim for other
to it, and that is the psychology of the tribe back home. The
tribe, and that the members of the tribe have enough confidence
bar to the government's going ahead with its plans at the Oahe
basis that the treaty had been violated under one pretext or
7
Representative Berry. Thank you, Senator. iii
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242
have another point you wanted to make?
in and around the reservation area for the past few years
reservoirs.
any questions.
1093)."
its own people. The MRBI ownerships and tract listings are
through.
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just said about the tract listings and ownerships, the tract
I-.
NEW,
245
i
STATEMENT OF EDWARD CLAYMORE, NEGOTIATOR,
CHEYENNE RIVER SIOUX INDIAN TRIBE.
*-
Mr. Edward Claymore. My name is Edward Claymore. I am '.
L
Q
a member of the Cheyenne River Sioux Tribe. I am a member r
r
of the Negotiating Committee.
evidence we have.
clearance? I believe, Mr. Case, you say that the real difference
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',
A46
Mr. Case. The next witness for the tribe is Mr. Frank
this morning, and I have asked for the chance to clear it up.
I didn't want the Senatore to get away from me, and I was
in a hurry.
But if the committee will look at the map here, you will
see these red lines that go down here along the river were
over 200,000 acres of man, in those two unite, And within that
-.2
area down along the river, there live about 42 people. That
about the leasing now, the revenue derived from the leases
on that land, on this river bottom for the shelter and winter
feed and water. When we lose these bottom lands here, then
lands.
right in thft land, and that we had to comply with their terms.
Outfit," and they took over those leases in there, for $5,41
three year lease period when they held the lease there, we
that area.
the river .bottoms. I have that letter here and can place it
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248
in evidence.
Company owned this dark strip in here and blocked off up here.
land down in here they could control that land back there,
we will give you river frontage, but we want you to take your
land in back there, whatever you need to run your cattle, and
seven units, which are those dark lines shown there. And
the six-sixty but for sevendollars fifty two cents per animal
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249
land and wipes out that whole bottom landthere and the winter
per cent.
year round. ?Te would have been getting that same amount
to go back.
winter, so that they are not useful for operation in the winter?
five dollars?
Mr. Ducheneaux. We will probably be able to get some
grazing in there.
That is what the ,tribe actually owns. But after the taking
aries.
805,000 acres.
for the land having no access to the river bottoms. Our experi-
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251
of that damage.
to a total of $14,337,384.
Mr, Jax. You stated at the times that tracts 203 and
think you testified this morning that part of that was due to the
shelter.
the fact that the reservoir will increase the shore line which
accessibility to water.
to the committee the lose that will result from the taking
have asked.
water and the loss of winter feed and shelter? Is that what
-,-
B
'1
t
you wanted, to break each item down? d
i
i;
Mr. Jax. If there could be given some estimate of the
it would be helpful.
Now, in the 1949 and '50 period, when we had the big
storms out there, those people that lived in along these rivers
here, the ranchers down in there, only suffered a three per cent
cent loss. And this is a haven for their stock, not only the
Indian stock, but the white people that live up in here. When
the storm hits up in there, the cattle come down into these
bottoms, and we not only save our own cattle but we save the
damage.
cycle, there was no grass. Ranchers wintered their cattle with oil
cake and nothing but these willows for roughage. The ranchers
that were along this river bottom, all the way from Bismarck
'-r
255 "
l1eyrg fle drought, I had about 12 head of cattle. I had just got Uarried
loa b-1
and was trying to get started. You couldn't get feed anywhere
A man by the name of Tom Carter came down there and said to me,
"If you are going to save those cattle, just go down there and
need that."
tree and drove my cattle around there, and finally one of thea
there.
,i
since the point I had in mind was exactly the point you have
,.z
'
.)i
~
~
point that is here involved. The ordinary conception is that ..
.r
;-
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256
when you determine what the price of land is per acre, that
gives you a price that is a safe guide for the damages in-,
volved. But when you have determined a per acre price for
Now, the map that I have here is a map from the Sloan
The reason why this whole story they are trying to get
run the cattle up here in the breaks, where they water with
put them down in the bottom where the cottonwoods are, and
operation that they have been describing here, where you out
your hay in the bottoms, keep your cattle off the bottoms in
i
- '- -_I, --.z -~3.
3 257
*,"
the summer while you are cutting your hay, run them up on the
upland, and water then there, and when the dams run dry bring
shelter. During a great deal of the time that I had the ranch
shelter. There came this bad winter of 1949, and we did con-
struct one. However, we find that the cattle seldom use it.
with the storm into where they get some natural shelter. They
are probably better off if they do, because they get air.
that heavy storm found that the cattle smothered. The barn
too hot.
that keeps the wind off, and have plenty of open air. But no
on cutting that ranch in two and selling just the bottom land,
and leaving me with the breaks and the upland, because I would .
258
cattle there and maybe graze them in the summer when I could
water them in dams. But I would not have any place to take
them in the winter. I would not have any feed, any place to
maybe 160 acres, if I could sell 160 acres and the price were
possibly sell it off, but the measure I would put on 160 acres
a year-round operation.
means having your cows and calves and your steers until they
~_'.i -5'
259
head?
per head, and you could take care of a hundred head, about.
260
We figure $1,000.
true.
the lease, and if they could not get those river bottoms down
could run cattle there the year round - it would cost $180,000.
Now, that is not our figure but the Western Farm Manage-
seat figure.
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261
r;i
would let them have it at the old price they would construct
six units there at $180,000. And that would only last them
.t
r
for five years. They would be out, again. There would have
a
to be that continuous upkeep.
something difference.
in the record?
~__,....~..
-s
=
262
7
~1
winter shelter and no winter shelter. Because this contem- c
t
plates that there would be no shelter, and they are going to
-t;
-
build it.
witness.
-Vj
I said, on the Missouri River bottoms. And there is the only
.W"
source we had in the early days of the Territory, of fuel, for *A
I1 . ;
LE. _* "?
_ __ ___ _ _
9
263
the simple reason that coal was so expensive that we could not
people have said about the qualities and values of the bottom
breaks, and they will go clear down to the river if they can
they go. They stay there all winter. They feed there all
winter, and they take care of themselves, and they come out
stock that come out of the Missouri River bottom lands, and
cattle country.
264
wind on the top of the bluffs, you can go down into the bottom
and you have got just a breeze. No one who hasn't been in
grazing.
they testified to the fact that the Indians were losing such
of timber.
Indians all over bhe country to utilize whatever they can for
have there. We utilize the wild fruits and berries and also
the timber.
265
sheds, are all constructed from these poles and logs harvested
wild fruit and wild game and wild berries which we can utilize.
their reports.
also the value, the estimated value, of that timber, the use
the Indians.
resources, whioh was taken from the report of the Fish and
annually.
?***
I
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12
266
bill.
page are the loss of timber supply and the loss of wild fruit
completely, do you? Will they not move out from down below
267
s't
uplands? c
..
.i
Mr. LeBeau. No. There are antelope on the uplands. We
f,
haven't considered them. This is a type of deer, though, that
in Virginia.
Mr. LeBeau. They will not survive on the uplands during '
there are the native what we call prairie chickens, the grouse.
I "w
L -:
_ _ _
5' 'fL?
,;-, ta~ -L.
14
268 ';s
.*J
Representative Shuford. I believe you speak about your .t
d-
Ri
-f
wild fruit. That is not too important, it seems. You do not .r
-_
lay too much stress on that.
-I
's-
currants, and sand cherries. ~
t
.~
Representative Shuford. Blackberries?
.i
Mr. LeBeau. No, we have no blackberries. Wild goose-
page 5, I believe.
until expended."
- r. I
15
269
1888. That Act vwa a contract passed the year before by the
188, that Act did carry 5 per cent, and the Ooverament ad-
vanced to the great Sioux fund the mum of $3 million, sad some
I _ - -- - ---
1,
ground .
per cent.
gentlemen to decide.
5, in Section V?
there han been testimony offered which would show the per-
271
Mr. Case. Certainly the second question has not app ared
the tribe here asks, you would find that the reservoir site
Mr. Case. May I add some figures that are in the record
million.
for the Civil Functions of the War Department, the figure was
this spring.
follows:)
'r
2^
- jiZ
*./
d--'
r ~ ;-. 1
19
-
273
reflection on the figure that you have given, Your figmue may
'-K
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20
274
have very much trouble with this section, because these people
(Laughter.)
name was Mr. Carl Yerrington, cane to the Tribal Council, and
decided that they should not act on it, because they have been
- _ - - -". I - .
21
275 :
by M.R.B.I
As to cemeteries within the taking area, there are six
^ _-__ . .. .. \.
SOO
h
as '"
77
facilities.
tions that we have asked for under the bill, we have asked
from?
__ _ _ _ _ _ _ _ I
276
be $480,000; correction.
hospital.
-- - --
* . ' -
S5
279 ^^
*..-84
Mr. Ducheneaux. The hospital was needed on the reserve
tion. Our people have no place else to go. Our people ooke
:y
r.
from a low-income group. I think that is pointed out in the
become serious.
this health problem. Just when our people had become aware of
reservation.
Governor, 8ig Anderson, has gone along with us. He has made
and the county will not put any schools down there so that
because these people that live down here find that the nearest
children.
advance any further than we are now for a good many years.
from anybody. The point that you should make is the distance
S-9_-
-- - ! - -- i
26
281
Berry, that they would not take them over unless they oould
over there and have to compete with the other oitiens for
We hope the oommittee here and the Congress will take that into
cilities.
Most of our people live down along the rivers here. We have
and Your Bears, and those are the places where our children
The only other point I want to make it that when our peo-
there, and a car is sent out, because they can't get to the
the agency over to Mr. Little Cloud. Mr. Little Cloud, you
can go ahead.
think I am the last Indian who ever lived at the present time.
< .;
I * *-
U-
thing went along pretty fine. But now it seems like the Army
Indians that are not capable to go out aud handle their own
this Oahe deal, and if that is so, naturally our old ladians
will depend on the agency. That is what our people wrat, and
________ ^ _^ ^ ^ ^.'^Li^
so
284-285
our nearest town there are some Indians going to school amaog
the white people, and I know that our Indians were discrimi-
will be appreciated.
Indians who are very poor. It isn't their lasiness, but they
they could furnish enough water for the agency if the ageony i
the town of Xagle Butte, and the agency could be moved to that
tribal land.
the record that the Cheyenne River Sioux Tribal Council has
and our people that are farthest away from the reservation,
other oivil pursuits, That has shown up all along the M.I.B,., I
suive~f.
Mr. Case. Section IX of the bill, page 7, gives to the
"the right without charge to remain on and uee the lande here-
by conveyed as said lands are now being used from and after the
effective date of this Act to the point in time where the gates
shore line, and provides that after the gates of the dam are
oloeed and the waters impounded, the tribe and the member
shall have the right to grase stock on the land between the
II thereof.
bill.
given the leasing, the authority to lease that area, the tak f
that the tribe has the leasing of that land, if the Corp of
purpose.
that strip between the water level and the taking line, Aad
vides, to which the United Btates shall take title and iasue
this oomittee for the last two days. As I recall it, the
^ - ' -
restricted fee to the Indian, the restriotions being the am
that in, take the money accredited to them for their lasd.
They can either take down the money, or they oa have land
would be good only for the life of the holder of that trust
simple title at any time until and unless the Indian Ieorpani
patents.
hole here, that we are selected to have a fee patent heae off
TI_
36
291
to us, when you are not doing the same thing with any of the
rest of the Sioux Tribes nor any of the other allotted tribes
for the good of the Indians and the good of the United States
- there must come in time a period when the Indian will hold
his land in fee, and he will pay taxes the same way as all the
rest of us do.
leave them in status quo, which you can only do if you give
Indian of the Sioux Tribe out and on to the tax rolls, when
__ ~ I_ - - - -
37
291-A
benefits.
the United States, the act authorizing the great dates on the
the enactment into law and the ratification, then the Indians
prgra
aae taths
teChyen Rvr eol t g nt
shall bill the United States for their costs of this day's a
work and all days preceding unto the bitter end. Both sides
got over the border a bit on that one. It would permit a pir-
or ask you to strike it out, but if you read our memorial you
will see the fact that we recognize that this is against the
ment and help out the Indians at the same time. I don't mind
nuisance. I have seen a man get a check for 75 cents for his
cost the Government $75 to have done all the bookkeeping and
- - -- - ~L-- -- CC1~~--4 C l
-T __ __ __ -C
run up to one part in 7,848. It is a horrible situation and
never should have arisen, but it did, under the Act of June
ship so that we oould better control it. And that would tend
Mr. Jax. Well, not if the option that was given to the
1U
ql
935
because the Cheyenne River Sioux Tribal Council has done that
pany to trade out all these dark lands in there, which will
make that 100 per cent Indian-owned land, so that we can con-
trol it. We will not have this trespass problem, then, in that
area.
ual, after we have worked for his benefit through the Tribal
Council, can come in there and say, "Well, now, here, I want
to get $50 out of this thing," and he just throws the thing
to get away from for 25 years, and the Tribal Counoil now is
ests wherever they can, and as far as their funds permit, and
I think Interior was off base a bit when they objected to it.
section, and there way be a dozen others that hold the other
quarter.
This would permit him to buy them up. And if the land
bear and determine the case. Any objector wbo does not lite
the appraisal and does not like the amount assigned to him
can simply object, and then he has the right to go into oourt,
but the Government must start the proceeding and pay the filing
costs, of course.
proceeding.
him, allocated for the payment of this land, would then come
that he was due $7,250. All right. When he objects and the
--- - -
5~ - -*--- I -- -~--'- -- --- --- r ---- - __-~_
an appraisal. $7,250 would be an appraisal. Be don't like
that, though, they should also take note of the fact that the
are making.
Mr. Case. I haven't any doubt but what the attorneys for
definite items for such matters as John Little Cloud has been
- m I
e_
399
draw.
years."
and say, "I would like to purchase enough land here to re-
]I U* I II *
M -I----^M^
301
WK&
that Indian it out here in the schedule. All right. You Oet
does that and goes out and goes in before the courts, and
(Jb