91ST CONGRESS 1st Session } SENATE { REPORT No. 91-383 DECLARING THAT THE UNITED STATES SHALL HOLD CERTAIN LAND IN TRUST FOR THE THREE AFFILIATED TRIBES OF THE FORT BERTHOLD RESERVATION, N. DAK. AUGUST 12, 1969.-Ordered to be printed Mr. BURDICK, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany S. 775] The Committee on Interior and Insular Affairs, to which was referred the bill (S. 775) to declare that the United States shall hold certain land in trust for the Three Affiliated Tribes of the Fort Berthold Reservation, N. Dak., having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass. The amendments are as follows: Strike all of line 10 on page 1, and lines 1, 2, and 3 on page 2, and insert in lieu thereof the following: subject to the right of the United States, its successors or On page 2, add a new section 2: SEC. 2. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act should or should not be set off against any claims against the United States as determined by the Commission. PURPOSE The purpose of S. 775 is to declare that the United States holds all right, title, and interest in and to the surface of 10 acres of land, including all improvements, in trust for the Three Affiliated Tribes of the Fort Berthold Reservation. The bill further provides the conveyance of title is subject to the reservation of an easement for road right-of-way purposes over the west 75 feet of the parcel. NEED In 1954, the Secretary of the Interior purchased this Indian allotted land for school purposes for a consideration of $500. Because this land was needed to replace a day school site that was inundated by the Garrison Reservoir, the funds were furnished by the Corps of Engineers. The school was destroyed by fire in 1963, and the children attend public school in Parshall, N. Dak. There are no plans to rebuild the school, and the property is excess to the needs of the Bureau of Indian Affairs. The tribal council has asked that this tract of land, which is within the boundaries of the reservation, be conveyed to the tribe for community and recreational purposes. The land, together with improvements, is valued at $5,070. AMENDMENTS The committee has adopted two amendments recommended by the Department of the Interior. The first deletes language reserving to the United States the right to remove a radio tower and gasoline pump from the land. These facilities have already been removed. The second amendment adds a new section 2 to provide that the Indian Claims Commission will determine to what extent the value of the property conveyed should or should not be set off against any claims the Indians have against the United States. COST No additional expenditure of Federal funds will result from the enactment of S. 775. DEPARTMENTAL REPORTS The reports of the Department of the Interior and the Bureau of the Budget are as follows: U.S. DEPARTMENT OF THE INTERIOR, Hon. HENRY M. JACKSON, OFFICE OF THE SECRETARY, 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. 775, a bill to declare that the United States shall hold certain land in trust for the Three Affiliated Tribes of the Fort Berthold Reservation, N.Dak. We recommend that the bill be enacted if amended as discussed in in this report. The bill provides that all right, title, and interest of the United States in and to the surface of 10 acres of land, together with all improvements, shall be held by the United States in trust for the Three S. Rept. 91-383 |