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Mr. NASH. Yes, sir.

Senator ANDERSON. Confine it to the Interior. Do not go to the other people.

Mr. NASH. May I raise another issue so that we can be sure it gets into the discussion? We are not proposing here a method that is intended to get the Secretary into a position where he and he alone, unaided, makes this determination. We are attempting to get into a position where it is clear that the responsibility is his, not an arithmētical manipulation of three estimates by somebody else, because even if they turn in something, he still has to come to a decision on it.

Senator ANDERSON. Do the Indians like this language? The Indians are satisfied with this language for three appraisals, are they not?

Mr. NASH. I do not know. I have not discussed this with them. We have been busy since the bill was printed with our own analysis. Senator ANDERSON. Have you asked the Indians to provide a single appraiser or just the Secretary?

Mr. NASH. No, sir. We have had no opportunity. We have been busy trying to figure this thing out.

Senator ANDERSON. Has this bill that Senator Jackson introduced been approved by the tribe?

Mr. NASH. It was introduced at the request of the tribe. Whether the tribe itself has had an opportunity to analyze it in detail, I do not know.

Senator ANDERSON. Has it been endorsed by the chambers of commerce in the State of Washington?

Mr. NASH. I have not heard.

Senator ANDERSON. Has it been endorsed by other groups up there? Mr. NASH. Again I have only rumors. I understand that Okanogan and Ferry Counties support this bill although they opposed earlier versions.

Senator ANDERSON. They do support this one?

Mr. NASH. This is my understanding. I do not have direct knowledge.

Senator ANDERSON. Does the State of Washington support this? Mr. NASH. I have no knowledge.

Senator ANDERSON. Well, I think they have.

Mr. NASH. Mr. Holmes thinks they have.

Senator ANDERSON. I think they have. What I am trying to get to is why is everybody out of step but the Bureau of Indian Affairs?

Mr. NASH. Well, let us say we are not completely out of step. We recognize the significance of the referendum, and we want to be on record with some cautionary notes.

Senator METCALF. Mr. Commissioner, the Bureau of Indian Affairs has spent a considerable amount of money since about 1956 preparing for this termination.

Mr. NASH. I think the literal answer to that is that we have not spent a great deal of money preparing for this termination program. Senator METCALF. Let us not get into semantics.

Mr. NASH. All right.

Senator METCALF. How much money have you spent in preparing for this program?

Mr. NASH. I would not know the answer to that.

Senator ANDERSON. If you do not know, how can you say

that?

Mr. NASH. The principal costs here would represent our on-going programs, which were not necessarily preparation for this particular bill. Then there is the Stanford Research Study which was requested by the tribe, and I might ask Mr. Crow how that was paid for. Mr. CROW. The tribe paid for it.

Mr. NASH. So I would think the answer would be that very little Bureau money has been spent for this particular purpose.

Senator METCALF. A considerable amount of money has been spent either by the tribe or the Bureau in preparation for termination in compliance with the act.

Mr. NASH. For on-going programs which were intended to raise the standard of living and are in many cases only partially related to the purposes of Public Law 772.

Senator METCALF. I know that you were not here at all times since that act was originally passed. Would it be possible to supply the committee, Mr. Crow, with the amount of money that has been spent specifically for this?

Mr. CROW. I think so, Mr. Chairman.

Senator METCALF. Will you do that for the sake of the record?
Mr. CROW. Yes.

(The information referred to follows:)

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The sums shown above for soil and range survey, adjudication of mining claims, and the forest inventory and mapping are programs ordinarily carried on by the Bureau from appropriated funds. However, in the case of the Colvilles this program was accelerated so that the information would be available to the tribal council for planning in accordance with the provisions of the act of 1956 (70 Stat. 626).

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Senator METCALF. Thank you very much, Mr. Nash.

At this time we will recess the hearing until 1:30. At 1:30 we will hear the majority delegates of the Colville Business Council. We will come in right at 1:30.

(Whereupon, at 12:05 p.m., the subcommittee was recessed, to reconvene at 1:30 p.m. the same day.)

AFTERNOON SESSION

Senator METCALF. The subcommitte will be in order. The next witness will be the witnesses for the Colville Business Council, the majority delegates. Mr. Narcisse Nicholson, Jr., is the chairman. Will you come forward. You have a group of witnesses with you.

STATEMENT OF NARCISSE NICHOLSON, JR., CHAIRMAN, COLVILLE BUSINESS COUNCIL, MAJORITY DELEGATES; ACCOMPANIED BY THELMA MARCHAND, GEORGE SNIDER, OLIVER POOLER, ROY SEYLER, BARNEY RICKARD, PAT NUGENT, AND MISS MARY NICHOLSON

Mr. NICHOLSON. Yes, Senator. I would like to bring the officers up. Senator METCALF. How many of them are there?

Mr. NICHOLSON. This is Barney Rickard, vice chairman, and then Thelma Marchand, secretary.

Senator METCALF. You have some other representatives. Do you want to identify them at this time or do you want to call them later? Mr. NICHOLSON. I would like to have each one of them make a statement, if that would be permissible.

Senator METCALF. If they are brief and not repetitious, we would be glad to hear from all of them.

Mr. NICHOLSON. If they can all be heard after I have completed my statement that will be fine.

Senator METCALF. Go ahead, Mr. Nicholson.

Mr. NICHOLSON. I wish to express my appreciation on behalf of the people of our tribe and the Colville Business Council for this opportunity to present our views to your committee. May I please submit for the record a copy of our constitution and bylaws?

Senator METCALF. It will be accepted.

Mr. GAMBLE. Mr. Chairman, that information is contained in the previous hearings of 1963. It will be a repetitious printing.

Senator METCALF. It will be here and will be put in the file.

Mr. NICHOLSON. Our tribe is governed by a 14-member business council. The council has standing committees to review and recommend on various matters with which we are concerned.

I would like to have entered into the record a copy of the Resolution 1965-1 pertaining to the reintroduction of S. 1442 which has now been reintroduced as S. 1413. This is the resolution.

Senator METCALF. It will be included in the record at this point. (The resolution referred to follows:)

RESOLUTION 1965-1

Whereas, in compliance with section 5 of Public Law 772, of the 84th Congress, the Colville Business Council submitted to the Secretary of the Interior a plan for termination of Federal supervision over the property and affairs of the Colville Confederated Tribes which would have required two separate congressional acts; and

Whereas, consequently, proposed legislation was introduced in the U.S. House of Representatives (H.R. 8469) and similar legislation was introduced in the U.S. Senate (S. 1442), which embodied the proposal of the business council; and Whereas, subsequently, the U.S. Senate approved S. 1442 in an amended form requiring one congressional act to accomplish the purposes of termination of Federal supervision; and

Whereas the enactment of a law containing the provisions of S. 1442, in the amended form, is dependent on the reintroduction of the proposed legislation in Congress; and

Whereas the joint legislative committee of the business council has carefully reviewed S. 1442, in the amended form, and recommends approval of the text with the inclusion of the following suggested revisions :

Section 1

1. On page 6, line 18, after the word "majority" and before the word "of" insert the wording "of the number".

2. On page 6, line 18, after the word "the" and before the word "members" insert the word "adult".

3. On page 6, line 18, after the word "tribes" and before the word "approve" insert the wording "voting in a referendum".

4. On page 6, line 21, after the word "the" and before the word "members" insert the words "enrolled adult".

Section 1 revised (revision italicized) would read as follows:

SEC. 1. That the following sections of this Act shall become effective on the date a majority of the number of the adult members of the tribes voting in a referendum approve a termination of federal supervision in accordance with those sections. The Secretary of the Interior shall conduct a referendum to ascertain the wishes of the enrolled adult members within ninety days after the enactment of this Act in accordance with such rules and regulations as he may prescribe." Section 6, subsection f

1. On page 11, line 17, delete the comma following the word "selected". After the word "selected" and before the word "and" insert the wording "at not less than the appraised value determined by section 6 of this Act".

2. On page 12, line 11, change the semicolon following the word "property" to a colon. After the colon and before the word "and" insert the wording: "Provided, That title to lands purchased by using individual interest as collateral shall be withheld by the Secretary until distribution of the proceeds of the tribal estate as provided in this section;"

Section 6, subsection f, revised (revisions italicized), would read as follows: "SEC. 6. (f) select the portion of the tribal property which if sold at the appraised value would provide sufficient funds to pay the members who elect to withdraw from the tribes for their beneficial interest in the total tribal property, sell the property so selected at not less than the appraised value determined by section 6 of this Act and pay the proceeds of the sale to the withdrawing menbers: Provided, That any tribal forest lands that are offered for sale shall be purchased by the Secretary of Agriculture with funds that are hereby authorized to be appropriated, and such lands shall become national forest lands subject to the laws that are applicable to lands acquired pursuant to the Act of March 1, 1911 (36 Stat. 961), as amended: Provided further, That any person whose name appears on the final roll of the tribes, or a guardian on behalf of any such person who is a minor or an incompetent, shall have the right to purchase, for his or its own account but not as an agent for others, any other property in lots as offered for sale for not less than the highest offer received by competitive bid; any individual Indian purchaser who has elected to withdraw from the tribes may apply toward the purchase price up to 100 per centum of the amount estimated by the Secretary to be due him from the sale of his interest in tribal property: Provided, that title to lands purchased by using individual interest as collateral shall be withheld by the Secretary until distribution of the proceeds of the tribal estate as provided in this section: and if more than one right is exercised to purchase the same property pursuant to this proviso the property shall be sold to one of such persons on the basis of competitive bids:"; and

Whereas the joint legislative committee recommends that the business council submit a request to Senator Henry M. Jackson to introduce a bill in the U.S. Senate containing the same text as S. 1442, in the amended form, except that it shall be redrafted to the extent necessary to include the above listed revisions and that the same request be submitted to Representative Tom Foley for introduction of the proposed legislation in the U.S. House of Representatives; and Whereas the joint legislative committee recommends that, following the introduction of proposed legislation in both houses of Congress, the respective Subcommittees on Indian Affairs be encouraged and urged to early consider and act on the proposed legislation: Therefore be it hereby

Resolved, That we, the Colville Business Council, meeting in special session at the Colville Indian Subagency, Neapelem, Wash., acting for and on behalf of the Colville Indians this 12th day of January 1965, do hereby approve the recommendations of the joint legislative committee and authorize said committee to compose and send the above-mentioned letters of request (to include necessary explanatory material) and to take action necessary to promote early congressional action on the proposed legislation.

The foregoing was duly enacted by the Colville Business Council by a vote of 7 for; 6 against, under authority contained in article V, section 1(a) of the Constitution of the Confederated Tribes of the Colville Reservation, ratified by the Colville Indians on February 26, 1938, and approved by the Commissioner of Indian Affairs on April 19, 1938.

Mr. NICHOLSON. Our council majority has gone on record in support of the proposed legislation, and in line with the Resolution 1965-1 the Joint Legislative Committee has prepared a statement stating the majority position of the Legislative Committee made up of two committees, the fiindings of the Legislative Committee and the Economic Development and Planning Committee.

The two committees were combined into a joint committee for the purpose of considering all legislative matters affecting the tribes because the duties and responsibilities of both are directly concerned with the future handling of the tribal assets. I would like to submit a copy of the Resolution 1964-266. This is the resolution authorizing the creation of this committee and outlining its duties.

Senator METCALF. It will be accepted for the record at this point. (The resolution referred to follows:)

RESOLUTION 1964-266

Whereas the Finance and Legislative Committee is charged with the responsibility of considering all legislative problems effecting the Colville Indians; and

Whereas the Economic Development and Planning Committee is charged with the responsibility of planning and developing the resources of the reservation in accord with the full summation of the tribal viewpoint; and

Whereas the Economic Development and Planning Committee was charged with the responsibility of preparation of terminal legislation in accordance with Public Law 772; and

Whereas the above mentioned duties and responsibilities of the Finance and Legislative Committee and the Economic Development and Planning Committee are in direct relation with each having an effect on the other; and

Whereas it is desirable that both above-mentioned committees perform their duties in an efficient and coordinated manner: Be it hereby

Resolved, That we, the Colville Business Council, meeting in regular session at the Colville Indian Subagency, Nespelem, Wash., acting for and on behalf of the Colville Confederated Tribes this 9th day of July 1964, decree that all legislative matters affecting the Colville Indians shall be considered by joint meetings of the above-mentioned committees. When so assembled these committees shall constitute a Joint Legislative Committee. It shall be the duty of the Joint Legislative Committee to consider and recommend on all legislative problems affecting the rights, property, and affairs of the Colville Confederated Tribes; be it further

Resolved, That the chairman of the Finance and Legislative Committee and of the Economic Development and Planning Committee shall determine a basis by which they shall preside over the meetings of the Joint Legislative Committee. The foregoing was duly enacted by the Colville Business Council by a vote of 11 for; 2 against, under authority contained in article V, section 1(a) of the constitution of the Confederated Tribes of the Colville Reservation, ratified by the Colville Indians on February 26, 1938, and approved by the Commissioner of Indian Affairs on April 19, 1938.

Mr. NICHOLSON. With your permission and the permission of our legislative chairman, before I finish my statement I would like to have the joint legislative committee statement read into the record. This statement represents the views of all the committee members except Shirley Palmer, who will be speaking here on behalf of the council minority. This is the statement I would like to have the secretary read.

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