Before considering the adequacy and justification of a settlement defined in these monetary terms, it is best to recapitulate briefly the effects of the Garrison taking on the Fort Berthold Reservation and its people.

Under the treaty of 1851, 12,500,000 acres were set aside as a reservation for the Mandan, Gros Ventre, and Arikara Tribes. This area has been diminished until at present the reservation comprises some 585,000 acres. By reason of the construction of Garrison Dam, the area will be further reduced to some 430,000 acres. The Indian population of the Three Affiliated Tribes is 2,215. The taking of 155,000 acres of the best land of the reservation is a severe blow to them. The Indians have suffered great emotional stress because of the immineat upheaval of their economic, social, and community activities. This is readily understandable, considering that their feeling of security under their treaty with the United States is gone.

The reservoir that will result from the building of the dam will destroy the best fertile land on the reservation. This land is accessible. to the river, it possesses outcrops of lignite, it is the choice area for dwellings, it possesses the only timber on the reservation, it has a shallow underground water table that affords easy accessibility to water for domestic use, and it is the only area providing protective winter range for the Indian cattle industry, which forms the principal means of livelihood for the people on the reservation.

At the present time the Indians own in excess of 7,000 head of cattle, an increase since 1938 of more than 3,000 head. The present reservation bottom lands which will be flooded afford year-long grazing for the Indians' cattle. The taking of these lands will deprive the Indians of winter range and will cause a drastic reduction in the carrying capacity of the reservation. The loss of the winter range and the protection afforded by the timber thereon will require a complete realinement in the grazing activities. It will necessitate increased costs for winter feeding and the provision, at large expense, of proper winter shelter for the cattle against the subzero temperatures of the region left within the reservation after the flooding of the sheltered bottom lands. Another item of economic loss will be the timber areas within the flow line of the reservoir, which, in addition to providing lumber, also afford fuel, house logs and fence posts, for domestic purposes.

The Garrison Reservoir will flood not only the main valley of the Missouri River within the Fort Berthold Reservation, but also the valleys of the Little Missouri, Shell, and Lucky Mound Creeks, severing the residual reservation into five water-bound segments. This will effectually isolate the residents of each segment, cutting all direct transportation and communication except by water. This segmentation of the residual reservation will force radical changes in the entire economic and social life of the Indians, and in the administration of their affairs.

Many of the Indians live on allotments within the bottom land in which they have only an undivided interest with many other Indians. Others live on allotments owned by relatives, which they are permitted to occupy by courtesy, following Indian custom. A great part of the bottom lands consists of the allotments of old people who received their allotments in this choice part of the reservation when the first allotments were made. The taking of the bottom

lands, therefore, will not be a simple matter of individuals selling their farms or losing their leases and moving to other farms, as is usually the case among non-Indians. It involves a group problem, where land ownership and use is confused and inextricably entwined by Indian custom, and by the complications resulting from the fact that the land holdings of many of the Indians consist of fractional undivided interests, acquired by inheritance, in several separate allotments. Those Indians who are living with relatives on land to be taken, and who have little or no actual title interest in that land, will be required to remove from their present living quarters without receiving sufficient compensation to provide for the acquisition of new homes. This creates in itself a serious housing problem.

The provision of a relocation program for the complete economic and social rehabilitation of the entire group of Indians is an enormous task. A considerable period of rehabilitation will be required for the displaced Indian people to acclimate and readjust themselves in their new surroundings. The taking involves all the nine communities of the reservation in whole or in part, and the disruption of these communities will have great disorganizing effect. The removal of people from neighborhoods where strong social relationships and cooperation have been established, and their resettlement where none of these relationships and cooperation exist will deeply undermine their sense of security. Nor is this disruption confined to the home life. It involves church, social, and almost all community activities. Existing churches, cemeteries, schools, and public facilities must be relocated. Even though part of the displaced families will resettle on the existing diminished reservation, others will have to resettle on lands acquired for them elsewhere, since 155,000 acres of the reservation lands will be lost.

It is facts such as these which justify the elements of compensation contained in House Joint Resolution 33. The principal ones are outlined below.

1. The contract appropriation.-The contract of May 20, 1948, is based on the appropriation of $5,105,625 contained in the act of July 31, 1947, and provides for three classes of expenditure, namely, (1) payment of the fair market value of the tribal and allotted lands taken for the reservoir, (2) payment of the cost of removing the Indians from the reservoir-taking area, and (3) payment of the cost of relocating cemeteries. If these three costs, when determined, are less than $5,105,625, the Indians are to retain the unexpended balance as tribal funds; if these three costs, when determined, exceed $5,105,625, the United States is committed to appropriating the deficit.

The Commissioner of Indian Affairs is made responsible for (1) making the necessary appraisals of the lands taken, (2) preparing a plan for removing the Indians, (3) preparing a plan for removing the cemeteries, and (4) preparing a plan for the use of the shore line of Garrison Reservoir within the reservation. If and when the appraisals and these respective plans are approved by the Army Chief of Engineers, the Commissioner is made responsible for the administrative execution thereof. If the Indians reject the appraisals placed on any or all of their lands, the right to seek judicial determination in the Federal courts of the just compensation due for such lands is reserved to them.

Proceeds received by the Three Affiliated Tribes for tribal lands are to be held in trust, but may be expended to acquire lieu lands or other tribal property. Proceeds received by individual members of the tribes are to be deposited in individual Indian money accounts at the agency and expenditures therefrom are to be made by the superintendent under regulations of the Secretary of the Interior.

The Indians may salvage standing timber free of charge until October 1, 1950, and their improvements until October 1, 1952. Their hunting and trapping rights within the taking area are reserved, but they consent to having the fishing regulations established for Garrison Reservoir apply to them. Any subsurface values discovered in the future within the lands involved are to be compensated for through royalties. The contract, when ratified, is to constitute a conveyance to the United States of the fee titles to all the tribal and allotted lands within the taking area.

2. Land readjustment fund.-Sections 2 and 3 of the joint resolution authorize an appropriation of $3,000,000 to establish a land readjustment fund. This fund is to be used for consolidating the land holdings of the Three Affiliated Tribes and the members thereof into economicuse units, and in purchasing land for needy members of the tribes. Money in the fund may be used to acquire, by purchase or exchange, allotted, inherited, or unrestricted lands, as well as interests in lands and improvements, within the Fort Berthold Reservation. Lands so acquired may be disposed of, through sale or exchange, to individual Indians. Proceeds derived from the Garrison land taking may be used by individual members of the tribes to purchase lands acquired by use of the fund. To care for needy members, lands obtained through the operation of the fund may be placed in tribal ownership for assignment to such persons. The fund is to be administered by the Commissioner of Indian Affairs and its operation terminated at the end of 10 years. Any unexpended balance in the fund at the end of the 10year period is to be returned to the Treasury. Any lands which have not been deeded to members are to be held by the United States in trust for the tribes, and are to be nontaxable and nonalienable until otherwise provided by Congress.

Allotment of tribal lands to individual Indians on the Fort Berthold Reservation began in 1895, was carried out through the making of four separate groups of allotments at various times, and has created the following conditions: (1) Approximately 50 percent of the allotted lands are in heirship status, but 75 percent of the bottom lands (largely allotted in 1895) are in that status. These are precisely those lands which lie within the Garrison Reservoir right-of-way. Most individual Indians today have interests within two and sometimes three of the four allotment groups, and most families have interests in all four. (3) While the allotments are scattered throughout the entire area of the reservation, the family groups have, through one means or another, located their homes on the bottom lands-i. e., within the Garrison right-of-way. (4) Through fractionization of the individual holdings, it has been difficult for the Indians to use their lands themselves, with the result that 340,000 acres are being leased or permitted to non-Indians. (5) In spite of the pattern of allotment, the Indians have succeeded in building their economy on a strip of 241,000 acres on both sides of the river. From this strip, the flooding of the reservoir area will take out of the heart, 155,000

acres. (6) For each acre of allotted land owned in the Garrison right-of-way, the Fort Berthold Indians own 3 acres on other parts of the reservation. (7) No individual, or even family, will receive compensation for the lands taken for the right-of-way in an amount sufficient to buy a new farm or ranch unit, unless the value of the lands owned outside of the right-of-way_can be realized, or unless land holdings can be consolidated. (8) Removed Indians will not be able to establish satisfactory farm or ranch units on the residual reservation unless an extensive reservation-wide program of exchange and reconsolidation is undertaken.

The only practical approach to this problem is the creation and operation of the proposed land readjustment fund. One major use of this fund would be to purchase lands in the residual reservation from Indians who want to relocate outside of the reservation. By adding together the compensation obtained for the taking of land in the reservoir right-of-way and the proceeds derived from the sale of land in the residual reservation to the fund, the means would be provided whereby a number of Indian families could buy a new farm or ranch, or acquire some other business enterprise, off the reservation. Another major use of the fund would be to purchase lands in the residual reservation, either from Indians or from white patentees, in order to block up consolidated, family-size, economic units for farm or ranch purposes. A third would be to acquire lands for tribal assignment to landless Indians who must remove from the right-of-way.

An appropriation of $3,000,000, as provided for in House Joint Resolution 33 should be adequate to establish a land readjustment fund for the purposes described above. For the most part, this sum would be used to acquire various categories of land within the reservation boundaries as a land base from which sales and exchanges could be made in order to create economic farm and ranch units to be disposed of under trust patents. The fund could also be used to acquire for the Three Affiliated Tribes low-grade allotted lands which can be effectively utilized only in large blocks as community pastures. 3. Additional indemnifying compensation.-Although the contract of May 20, 1948, contains several concessions not usually allowed in condemnation proceedings, it is clear that the contract does not provide compensation for all of the elements of value inhering in the lands to be taken. Thus, the stand of timber has a real value to the Indian economy which is in excess of its "fair market value." Similarly, certain lands in the taking area which are now potentially irrigable will not be paid for in terms of the additional value which such lands should command by reason of this potentiality. Finally, and most important of all, the segmentation of the residual reservation into five water-separated areas destroys the geographical homogeneity of the Indians' land base. The severance damages included in the appraisal under the contract will relate only to the severance of individual tracts. Severance of the reservation base, a far more serious and significant effect of the taking, will not be paid for under the contract. A conservative evaluation of these losses indicates that the additional compensation which should be paid therefor would be about $3,260,000 (for details see paragraph E, II, 1 of the accompanying memorandum of information).

It is also clear that the contract will not provide sufficient funds with which to carry out a proper removal and reestablishment of the

Fort Berthold Indians. The net effect of the Garrison project on the Fort Berthold Indians will be to wipe out virtually all of the progress which they have made in the past three generations. It will be necessary for them to construct a new economy and develop new habits of life. The additional funds necessary to help them in reestablishing their basic livestock and farming economy on the residual segments of the reservation; to assist a number of families in removing entirely from the reservation; and to support a proper vocational educational system for the future which will prepare a certain portion of the younger generation to make their living away from the reservation are conservatively estimated at $3,150,000 (for details see paragraph E, II, 2 of the accompanying memorandum of information). The appropriation of $6,500,000 that would be authorized by section 4 of House Joint Resolution 33 is intended to be equivalent to the values not compensated for under the contract, plus the additional funds required for full rehabilitation of the economy and social structure of the Fort Berthold Indians. In my view, the amount stipulated in section 4 is not excessive and would fairly compensate the Indians for the claims reserved under the contract of May 20, 1948, that would be extinguished by section 9 of the joint resolution. The property losses and other injuries that must be borne by the Fort Berthold Indians are being brought about at the instance of the United States Government for the advantage, protection, and interest of a large and populous region of the United States. The benefits of the Garrison project to a considerable degree are to be gained at the expense of the members of the Three Affiliated Tribes, most of whose property is held in trust by the United States and whose welfare is still a Federal responsibility. In the circumstances, the United States must acquit itself of the charge that it is proceeding with this public work in violation of solemn treaties and other promises, and without due regard for the welfare of its Indian citizens. Every effort should be made on the part of the United States to see that the injuries sustained by the Indians are mitigated to the fullest possible extent, and that they are given the means for making a good life in their new locations.

4. Reservation of Garrison Electric Power.-One of the important measures which can be used to promote the rehabilitation of these displaced people is the setting aside for their benefit of a block of power from the power development at the Garrison Dam. The fact that the 155,000 acreas of land being taken from the Fort Berthold Indians forms an integral part of the reservoir required in the development of the electric energy at Garrison Dam, and the further fact that the advancement of the new communities which the Indians must establish will depend to a substantial degree upon the availability of low-cost hydroelectric power, amply justify such a reservation. This is provided for in section 5, appearing on page 72 of the joint resolution.

As now drafted, section 5 requires the reserved block of power to be sold to the Three Affiliated Tribes at a rate not exceeding 2 mills per kilowatt-hour. This rate is lower than the present estimated cost of the power at Garrison Dam. To give a preferential rate at less than cost to particular users would be contrary to one of the most important tenets of the general power policies established by the Congress. On the other hand, section 5, as now drafted, makes no pro