INDIAN CLAIMS COMMISSION ACT

MONDAY, JUNE 10, 1935

UNITED STATES SENATE,
COMMITTEE ON INDIAN AFFAIRS,
Washington, D. C.

The committee met, pursuant to call, at 10:30 a. m., in room 424,
Senate Office Building, Senator Elmer Thomas (chairman) pre-
siding. Also present: Hon. William Zimmerman, Jr., Assistant
Commissioner of Indian Affairs; Rufus G. Poole, Assistant Solicitor,
Interior Department; Harry Blair, Assistant Attorney General; and
S. M. Dodd, Chief Finance Officer, Indian Service.

The CHAIRMAN. The bill that is set for hearing this morning is
the Indian Claims Commission bill, S. 2731. It was, on request,
introduced by myself. Mr. Zimmerman, by whom was this bill
drawn?

Mr. ZIMMERMAN. In the Solicitor's Office in the Interior Depart-
ment. It was drawn after consultation with the Department of
Justice.

The CHAIRMAN. Who is present that is prepared to explain to the
committee the necessity for the bill, and just what this bill does?

Mr. ZIMMERMAN. Mr. Poole, representing the Solicitor of the In-
terior Department, is here; and Mr. Harry Blair, Assistant Attorney
General, is also here to speak for the Department of Justice. They
are both more familiar with the details that am I.

The CHAIRMAN. At this point I will insert in the record a copy of
the bill, S. 2731, and also a copy of the letter from the Secretary of
the Interior.

(The bill is as follows:)

[S. 2731, 74th Cong., 1st sess.]

A BILL To create an Indian Claims Commission, to provide for the powers, duties, and
functions thereof, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That a Commission be, and hereby is, created
and established to be known as the "Indian Claims Commission ", which shall
be composed of a Chief Commissioner and two Associate Commissioners, who
shall be appointed by the President, by and with the advice and consent of the
Senate. The Commissioners shall continue in office during the existence of the
Commission or until resignation or removal by the President only for inefficiency,
neglect of duty, or malfeasance in office. Vacancies in the Commission shall
be filled by the President in the same manner as original appointments. No
vacancy shall interrupt the functioning of the Commission, nor impair the
right of the remaining Commissioners to exercise all of its powers and to per-
form all its duties. The Commissioners shall not engage in any other business,
vocation, or employment during their term of office. Each of the Commissioners
shall receive an annual salary of $10,000 payable in the same manner as the
salaries of judges of the courts of the United States.

1

SEC. 2. It shall be the duty of the Commission to investigate all claims against the United States of any Indian tribe, band, or cthe" communal group of American Indians residing within the territorial limits of the United States of Alaska, to ascertain and determine all of the facts relating thereto and all questions of mixed law and fact as may be incidental to such determination, and, on the basis of the facts found by it, to ascertain and determine the merits of all such claims and to make findings with reference thereto. Such claims shall include all those whether sounding in contract or tort or otherwise with respect to which the claimant would have been entitled to redress in any court of the United States if the United States were subject to suit; and all claims of whatsoever nature on account of any breach of duty committed by any officer or agent while purporting to act in the name or on behalf of the United States; and all further claims under all treaties heretofore negotiated between the claimant and the United States but not formally ratified or executed by all of the parties thereto; and those claims of whatsoever nature which would arise on a basis of fair and honorable dealings unaffected by rules of law, and those which would result if the treaties, contracts, and agreements between the claimant and the United States were revised on the ground of fraud, duress, or mutual or unilateral mistake whether of law or fact. Any such claim now pending in the Court of Claims, and any such claim previously referred by Congress to the Court of Claims and not yet filed in such court may be transferred, together with all the documents and certified copies of all the records relating thereto, by the complainant to the Commission at any time within the period provided for presentation of claims to the Commission, and all further proceedings with respect thereto shall be had under the provisions of this Act regardless of the terms of any act giving jurisdiction of such claim to the Court of Claims. No claim shall be excluded because of the provisions of any other statute; nor because it has already been presented to the Congress; nor on the ground that it has become barred under any rule of law or equity, or by reason of any treaty or statute; nor on the ground of a prior adjudication with respect thereto in any judicial, administrative, or other proceeding between the same parties: Provided, however, That the Commission, when ascertaining the merits of any claim, shall take into consideration, and may inquire into, all previous adjudications or settlements of such claim and all payments made by the United States on its account. In any case wherein the Commission determines that a claim has merit under the provisions of this Act, the General Accounting Office and the Indian Office upon request of the Commission shall furnish such information as in the judgment of the Commission is required for the determination of set-offs.

SEC. 3. The Commission shall make a detailed report to the Congress of its findings of the facts of each claim, the conclusions reached as to the merits of such claim and the reasons therefor, together with an appropriate recommendation for action or nonaction by that body. If any claim shall be ascertained to be without merit in law or in fact, the Commission shall so report. If any claim shall be found to rest on some legal, equitable, or sound moral obligation, the recommendation shall be for a direct appropriation by the Congress in a specific amount, or other adequate relief, or for the passage of an Act giving jurisdiction of such claim to the Court of Claims.

In all proceedings brought pursuant hereto in the Court of Claims all determinations of fact by the Commission shall be accorded prima facie weight.

SEC. 4. The Commission shall be authorized to receive claims for a period of five years after the approval of this Act and no claim existing before such period not presented within such period may thereafter be submitted to any Federal court or administrative agency for consideration or action, nor will such claim be entertained by Congress.

Any claim within the provisions of this Act may be presented to the Commission by any member or members of an Indian tribe, band, or other communal group, as representative of all such members, regardless of the present status of such members as allottees, citizens or unrestricted Indians; but wherever any tribal organization exists, recognized by the Secretary of the Interior as having authority to represent such tribe, band, or group, such organization shall be accorded the exclusive privilege of representing such Indians, unless fraud, collusion, or laches on the part of such organization be shown to the satisfaction of the Commission.

SEC. 5. Immediately after its formation, the Commission shall send a written explanation of the provisions of this Act to the recognized head of each Indian tribe and band, and to any other communal groups of Indians existing as a