by condemnation. The sanatorium site was purchased from the pueblo for $99. One site known as the Government excluded tract, comprising 32.20 acres, is, as the term implies, excluded from the patent issued after the Court of Private Land Claims had confirmed title to the Laguna Pueblo grant. The pueblo received no monetary payment for this land. Two of the small school sites were reserved in 1911 from public domain land that had been withdrawn in 1910 by Executive Order No. 2112 for the Laguna Reservation. A parcel comprising 640 acres was a part of the Antonio Sedillo grant. This grant was purchased by the United States pursuant to the provisions of title III of the Bankhead-Jones Farm Tenant Act approved July 22, 1937 (30 Stat. 522, 525). Another parcel comprising 320 acres was a part of the Bernabe de Montano grant, which was purchased by the United States through the Resettlement Administration under authority of the act of June 16, 1933 (48 Stat. 200), as amended. Jurisdiction over both tracts was transferred by the Secretary of Agriculture to the Secretary of the Interior by Executive orders, which authorized the Secretary of the Interior to administer the grants through the Commissioner of Indian Affairs for the exclusive use of the Pueblo Indians. The act of August 13, 1949 (63 Stat. 604), declared that these two grants, except the portions reserved by the United States for administrative purposes, were to be held by the United States in trust for the pueblo. S. 210 will give to the pueblo the remaining portions of these two grants. The schools have long since been closed, and except for the U.S. Public Health Service using certain buildings on the two sites, the Federal Government has no need for any of the parcels. By declaring these lands to be held in trust for the Pueblo of Laguna, it will be possible to consolidate the tribal land base and relieve the Government of responsibility for maintaining unused improvements. The lands will be used by the Pueblo of Laguna for grazing purposes and the development of improved housing for low income residents of the Laguna Reservation. The existing structures located on the sites will be used for a variety of programs authorized by the Council of the Pueblo of Laguna. These include the provision of residential housing for low-income Lagunas, the operation of nursery school programs financed by a grant from the Office of Economic Opportunity, adult and remedial education programs, and other similar programs of community improvement. The value of the land and improvements covered by the bill amounts to approximately $135,000. The Indian Claims Commission is directed to determine the extent to which the value of the property placed in trust by this bill should or should not be set off against any claim against the United States. COST No additional expenditure of Federal funds will result from the enactment of S. 210. DEPARTMENTAL REPORTS The reports of the Department of the Interior and the Bureau of the Budget are as follows: S. Rept. 91-379 U.S. DEPARTMENT OF THE INTERIOR, Hon. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affairs, DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department on S. 210, a bill to declare that certain federally owned lands are held by the United States in trust for the Indians of the Pueblo of Laguna. We recommend that the bill be enacted. The bill provides that all right, title, and interest of the United States in and to certain federally owned lands and all improvements thereon, situated in Valencia and Sandoval Counties, N. Mex., which were acquired for school, sanatorium, clinic, agency, or other administrative purposes, are declared to be held by the United States in trust for the Pueblo of Laguna. The lands, all of which are located within the boundaries of the Laguna Reservation, consist of approximately 1016.65 acres, and were purchased or reserved by the United States for school, agency, or other administrative purposes. They are no longer needed for these purposes and are all excess to the needs of the Bureau. By resolution enacted on November 22, 1967, the Laguna Pueblo Council requested that the land be donated to the Pueblo of Laguna. The tracts of land covered by the bill are: 1. Antonio Sedillo grant administrative site containing 640 acres, more or less. The entire Antonio Sedillo grant was purchased by the United States pursuant to the provisions of title III of the BankheadJones Farm Tenant Act, approved July 22, 1937 (30 Stat. 522, 525). Jurisdiction was transferred from the Secretary of Agriculture by Executive Order No. 8696, dated February 28, 1941, which authorized the Secretary of the Interior to administer the grant through the Commissioner of Indian Affairs for the exclusive use of the Pueblo Indians. The land has since been used continuously by the Indians for grazing purposes. All of the Sedillo grant, except the administrative site, became trust land of the Pueblo of Laguna pursuant to the act of August 13, 1949 (63 Stat. 604). The present estimated value of the administrative site, including improvements, is $5,150. This site was used as headquarters for Government employees until about 1950. Improvements on this administrative site consist of a frame house, tank house, barn, and water system. On October 18, 1958, a revocable permit was granted by the Gallup area office to the Pueblo of Laguna for use of the administrative site. The permit also covered the improvements. 2. Montano grant administrative site containing 320 acres. The entire Bernabe de Montano grant was purchased by the United States through the Resettlement Administration under authority of the act of June 16, 1933 (48 Stat. 200). Jurisdiction was transferred from the Secretary of Agriculture to the Secretary of the Interior pursuant to Executive Order No. 7868, approved April 15, 1938. The act of August 13, 1949 (63 Stat. 604), which transferred the Montano grant in trust to the Pueblo of Laguna, reserved to the United States of America for administrative purposes a tract of 320 acres, since it was S. Rept. 91-379 planned to headquarter a range rider at this location. The improvements on this site were destroyed by fire and were not rebuilt. The site has not been used for administrative purposes since 1942, and we have no plans for its future use. The total cost of the land and improvements of the Montano grant averaged $2.97 per acre. The present estimated value of this site is $960. From the time of the acqusition of the Montano grant as a part of the submarginal land purchase program, the Pueblo of Laguna has used the land for grazing purposes. 3. Sanitorium site containing 9.90 acres. This acreage was used by the Bureau of Indian Affairs for a number of years as a sanatorium site. The entire tract, which is within the original Laguna Pueblo grant, was purchased by the Government from the Pueblo of Laguna at a cost of $99. The operation of the sanatorium was discontinued many years ago. Four temporary Camp Pickett houses owned by the U.S. Public Health Service, valued at $20,000, are occupied as living quarters by Public Health Service personnel. The present estimated value of the sanatorium site is $500. There are no plans for the future use of this land by the Government, other than for the small area used by the U.S. Public Health Service. 4. Government excluded tract containing 32.20 acres. Title to this tract of 32.20 acres, designated as "U.S. Government Escluded Tract," was retained by the United States, pursuant to article VIII of the decree of the Court of Private Land Claims of April 20, 1898, which confirmed title to the Laguna Pueblo grant. The U.S. patent to the Pueblo of Laguna covering the Pueblo of Laguna grant excepted and excluded from the patent the above-mentioned tract of 32.20 acres. Although a portion of this tract was used in 1939 as a soil conservation camp, it ceased to be used for this purpose approximately 20 years ago. The only use that has been made of the land by the Government since that time has been by the U.S. Public Health Service, which has a cottage and dispensary, valued at $9,000, on a small portion of this site. There was no monetary payment to the Pueblo of Laguna by the Government for this land. The present value of this tract is estimated to be $1,610. There are no plans for future use of the lands by the Government other than the operation of the dispensary. The excluded tract is subject to a right-of-way for highway purposes granted to the State of New Mexico in 1954. Also, a tract of 0.31 acre is used by the Board of Home Missions of the Presbyterian Church for mission work among the Laguna Indians in accordance with a permit for temporary use and occupancy granted by the Office of the Secretary of the Interior on September 24, 1932. 5. Encinal Day School site containing 2 acres. This day school site at the Laguna village of Encinal was acquired by the United States from the Pueblo of Laguna at a cost of $10 through condemnation. The present estimated value of this parcel, including improvements, is $14,080. These improvements consist of adobe stucco school and quarters, concrete block bath, laundry and dispensary, frame garage and storage, concrete block oil house, sewer and water system. 6. Laguna Day School site containing 0.94 acre. This site was acquired by the United States at a cost of $800 through condemnation. The present estimated value of the site and the improvements thereon is $35,420. These improvements consist of one school building S. Rept. 91-379 and bathhouse, one old school building, two garages, duplex quarters, one small storage shed, one concrete block storage and shop building, water system and sewer system. The original parcel contained 1.44 acres, but 0.50 acre was transferred to the U.S. Public Health Service under the provision of Public Law 568, 83d Congress, on May 1, 1958. 7. Paguate Day School site containing 1.11 acres. This site was acquired by the United States at a cost of $800 through condemnation. The estimated present value of this site, including the buildings thereon, is $15,400. The improvements consist of a school building, duplex quarters, oil house, sewer system and water system. Building No. 894, bathhouse and laundry, previously included in the property to be transferred to the pueblo, was transferred to the U.S. Public Health Service on February 16, 1967. 8. Mesita Day School site containing 1 acre.-This site was acquired by the United States at a cost of $50 through condemnation. The present estimated value of this site, including improvements thereon, is $15,660. These improvements consist of a school building and quarters, garage and storage building, bath and laundry building, oil house, sewer system, water system, and incinerator. 9. Paraje Day School site containing 5 acres.-Executive Order No. 2112, dated July 1, 1910, withdrew certain public domain lands for the Laguna Reservation. It was determined that there was need for the Paraje School site within the withdrawn area, and on June 10, 1911, 5 acres of land were reserved for this purpose. The present estimated value of this site and improvements thereon is $20,524. The improvements consist of a school building and quarters, garage and bathhouse building, warehouse and shop building, oil and pump house, one shack, sewer system and water system. 10. Seama Government site containing 2.5 acres. Although the Seama Government site was approved by the Secretary of the Interior on June 10, 1911, for use as a school site, at the same time that he approved the Paraje School site, it has not been used for school purposes. Instead, there is a small Laguna Indian settlement located thereon. The present estimated value of the parcel is $125. 11. Seama Day School site containing 2 acres.-This day school site was acquired by the United States at a cost of $10 through condemnation. The present estimated value of this site, including improvements thereon, is $18,290. Improvements located on this site consist of a school and quarters building, one cottage, two garage and coalshed buildings, oil house, bathhouse and laundry building, pumphouse, water and sewer systems, and incinerator. By declaring these lands to be held in trust for the Pueblo of Laguna, it will be possible to consolidate the tribal land base and relieve the Government of responsibility for maintaining unused improvements. The lands will be used by the Pueblo of Laguna for grazing purposes and the development of improved housing for low-income residents of the Laguna Reservation. The existing structures located on the sites will be used for a variety of programs authorized by the Council of the Pueblo of Laguna. These include the provision of residential housing for low-income Lagunas, the operation of nursery school programs financed by a grant from the Office of Economic Opportunity, adult and remedial education programs, and other similar programs of community improvement. S. Rept. 91-379 The Pueblo of Laguna has operated a successful community action program including Neighborhood Youth Corps, VISTA, range and irrigation maintenance work, Headstart, and health education. One of the most serious needs of this program is adequate office, storage, and classroom space. We recommend that section 2 of the bill be amended by striking the words "jurisdiction over" where it appears in line 3, page 9, and inserting in its place the words "use and occupany of". The amendment will give jurisdictional control of the land to the tribal government, subject to the right of the Public Health Service to use and occupy the land for its own purposes. This change will prevent the creation of some problems with reference to the tribal government's right to control the land. A technical amendment is needed on page 4, line 8, of the bill. The comma after the word "point" should be deleted and a semicolon inserted. The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely yours, RUSSELL E. TRAIN, Under Secretary of the Interior. EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D.C., July 22, 1969. Hon. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affairs, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your requests for the views of the Bureau of the Budget on S. 74 and identical S. 776, S. 775, S. 210, and S. 921. These bills provide for donations of federally owned lands to various Indian tribes. We note that some of the bills do not include the standard setoff provision for consideration in connection with claims pending before the Indian Claims Commission and recommend that those bills be amended to include the standard language. In some cases it is not clear from the information available whether the value of the mineral interests in the land to be transferred is high or low. We question whether the mineral interest should be transferred unless there is clear evidence that there is little or no value involved. The property that would be transferred to the various tribes varies in size from 2.5 acres to over 1,000 acres. The fair market value ranges from $700 to over $100,000. Whether or not the property should be sold or donated to the tribes depends, it seems to us, on the economic need of the tribe involved and the ability to pay. For example, the largest property transfer in this group of bills would go to a tribe which, we understand, has invested assets worth several million dollars. We believe the committee will want to consider whether the transfer should be a sale rather than a donation in a case of this sort. S. Rept. 91-379 |