PENDING INDIAN CLAIM CASES, DEC. 31, 1975—Continued

[Explanation of symbols: The letter "x" marks the phase or phases in which the case is pending before the Commission. The letter "c" indicates that the case is consolidated with one or more other cases. The letter "b" indicates that the case is in the post-trial briefing stage. The letter "s" indicates that the case is submitted to the Commission for its decision]

283-B Mohave, et al. General accounting and trespass x
damage claims. The Commission's decision of
July 10, 1975, on plaintiffs' motion to compel a
proper accounting and for determination of
points of law and defendant's motion to dismiss
plaintiff's claim for compensation for resources
removed from plaintiffs' aboriginal lands by
trespassers prior to extinguishment of aboriginal
title ruled on several issues and requires, inter
alia, that defendant supplement its accounting
in certain respects. The Commission's decision
of Aug. 28, 1975, on plaintiffs' motion for recon-
sideration and amendment of the decision of
July 10, 1975, invites plaintiffs to allege their
trespass claim by a more definite statement or
by an amended petition and denied without
prejudice defendant's motion to dismiss this
claim. Pursuant to a pretrial order of Aug. 27,
1975, the parties are briefing the issue of
whether the "Proceeds of Townsites" account
represents the proceeds of sales of "Indian
trust lands" within the meaning of the act of
Apr. 1, 1880 (21 Stat. 70).

291.

Salt River Pima-Maricopa Indian Community, et. al. General accounting claim relating to funds and other properties. Some accounting issues have been decided, others are in process of being framed. The Commission's decision of Aug 13, 1975, denied a motion by defendant to dismiss plaintiff's exceptions to defendant's accounting numbered 8 and 9, which are concerned with obtaining information needed to determine the accuracy of computations of interest on plaintiffs' funds, and requires defendant to supply the needed information. The defendant's time for complying with this requirement has been extended through Apr. 12, 1976. Navajo. The plaintiff's petition asserts accounting. claims relating to: (1) royalties on coal removed from plaintiff's reservation under leases negotiated by defendant for production of coal, (2) lumber and lumber products from plaintiff's reservation sold under contracts negotiated by defendant, (3) royalties on vanadium removed from reservation land under leases negotiated by defendant for production of vandium, and (4) stone, sand and gravel from plaintiff's reservation sold under contracts negotiated by defendant. Proceeding in consolidation with dockets 69 and 353. See comments under docket 69, above. 300-A... Stockbridge and Munsee. Claim relating to lands.

299.

sold to State of New York under 15 separate
transactions. After an interlocutory decision
on liability issues, proceedings were stayed
pending outcome of an appeal to the Court of
Caims in the Oneida case in docket 301 involving
identical issues. The decision on that appeal,
handed down on May 11, 1973, made necessary
a further trial of liability issues in docket 300-A.
The case is submitted to the Commission for
its decision on those issues.

301 Oneida Nation of New York, et al. 8 claims arising xs
from New York land sales are asserted in
plaintiffs' petition. Claims 1 and 2 relating to
land sales prior to enactment of the Trade and
Intercourse Act of July 1790, are proceeding
separately from claims 3 through 7 involving
land sales after the 1790 act. The 8th claim in
plaintiffs' petition was dismissed on Jan. 16,
1974. Claims 1 and 2 are submitted to the Com-
mission for its decision on liability issues.
Claims 3 through 7 are submitted to the Com-
mission for its decision on liability issues
remanded by the Court of Claims that were the
subject of a trial before the Commission during
May 1974.

See footnotes at end of table.

PENDING INDIAN CLAIM CASES, DEC. 31, 1975—Continued

[Explanation of symbols: The letter "x" marks the phase or phases in which the case is pending before the Commission. The letter "c" indicates that the case is consolidated with one or more other cases. The letter "b" indicates that the case is in the post-trial briefing stage. The letter "s" indicates that the case is submitted to the Commission for its decision]

Potawatomi, Citizen, et al. Land claim.

313.

XC

XCS

XCS

May 1978.

November 1977.

Do.
March 1977.
Do.

314-A. 314-B.

315. 320

Potawatomi, Citizen, et al. On appeal in the Court
of Claims from decision on land title issues in
this and 10 other consolidated cases.
Potawatomi, Citizen, et al. See comments under
docket 15-N, above.

do..

Peoria, Kaskaskia. A portion of this claim was dis-
missed by the Commission's decision on land
title issues in this and 14 other consolidated
cases. The remaining part of the case is sub-
mitted to the Commission with other consoli-
dated cases for the Commission's decision on
valuation and consideration issues.

Peoria, Wea. Land claim.

Peoria, Wea. Land claim. Set for trial of value and
consideration issues with other consolidated
cases on June 21, 1976.

Kickapoo, Kansas. Land claim.

Quechan. After trial and briefing of land title x
issues, plaintiff moved for dismissal of its
petition without prejudice on the ground that
there was no perfected taking of the land in-
volved. Defendant requests that the motion be
denied unless dismissal be with prejudice.
Further proceedings await administrative
determinations by the Secretary of the Interior
in respect to the plaintiff's claim of present
ownership of the land.

326-A..... Te-Moak Bands of Western Shoshone of Nevada.
General accounting case pending before the
Court of Claims on cross appeal from the
Commission's interlocutory decision of Oct. 4,
1973, on issues regarding defendant's liability
funds.

326-C... Shoshone-Bannock. General accounting case on appeal before the Court of Claims from the Commission's order of Jan. 16, 1974, in respect to defendant's liability for interest on certain trust funds of the plaintiff.

326-K... Western Shoshone Identifiable Group, represented
by Te-Moak Bands of Western Shoshone Indians.
Land claim. Pending before the Court of Claims
on an appeal from the Commission's decision of
Feb. 20, 1975, dismissing a petition for stay
of proceedings and lea ve to present an amended
claim by a group calling itself the Western
Shoshone Legal Defense and Education Asso-
ciation and Frank Temoke. When the said
petition was filed, the Commission was in the
process of adjudicating the defendant's claim
for offsets against an interlocutory award of
$26,154,600 on the Western Shoshone aboriginal
land claim in this case.

332-C. Sioux, Yankton, Being briefed by the parties on x c
land valuation issues tried during April 1975. Set
for trial on Jan. 20, 1976, with docket 74 (Sioux
Nation) on remanded issue of apportionment
between the Teton and Yankton Sioux divisions
of the Fort Laramie Treaty lands, Also set for
trial on Mar. 9, 1976, on issues involved in de-
fendant's claim for offsets against any award to
the plaintiff.

See footnotes at end of table.

PENDING INDIAN CLAIM CASES, DEC. 31, 1975-Continued

[Explanation of symbols: The letter "x" marks the phase or phases in which the case is pending before the Commission. The letter "c" indicates that the case is consolidated with one or more other cases. The letter "b" indicates that the case is in the post-trial briefing stage. The letter "s" indicates that the case is submitted to the Commission for its decision]

332-D... Sioux, Yankton. Claims for an accounting for the period commencing July 1, 19751, and of the proceeds of sale of plaintiff's reservation lands under an 1892 agreement. Orders of the Commission in this case on Nov. 20, 1975, require the plaintiff to show cause why its claim for an accounting by the defendant with respect to its administration of plaintiff's money and property after June 30, 1951, should not be dismissed, and, in respect to plaintiff's claim for an accounting of defendant's administration of the proceeds paid the plaintiff under the 1892 agreement, require the defendant to file with the Commission and serve on the plaintiff by Mar. 19, 1976, a full and complete supplemental accounting setting forth the purposes for which all disbursements were made from the Yankton Sioux fund during the period beginning Aug. 15, 1894, and ending Aug. 14, 1919, and reciting the authority under which said disbursements were made. The plaintiff has asked for an extension of time through Feb. 5, 1976, within which to respond to the show cause order. Shawnee. Before the Supreme Court on petition of Claims decision affirming decision on land title issues in this and 12 other consolidated cases.

335.

338.

Delaware, Absentee, et al. Before the Supreme
Court on petition for review of Court of Claims
decision on land title issues in this and 12 other
consolidated cases.

341-C... Seneca-Cayuga. On appeal in the Court of Claims
from, inter alia, dismissal order, and decision on
land title issues in this and 9 other consolidated

cases.

341-D... Seneca-Cayuga. On appeal in the Court of Claims from, inter alia, dismissal order, and decision on land title issues in this and 10 other consolidated cases.

342-G..... Seneca Nation. Primarily a general accounting case
relating to rents and profits accruing from a great
many leases of Seneca lands to railroads and
other private parties. The Commission under-
stands that a settlement offer by the plaintiff is
under consideration by the defendant.

343... Seneca-Cayuga. On a remanded question of
whether the Federal Government had knowledge
of the land cession treaties involved in this case
between the Indians and the State of New York
the Commission determined, in its decision in
this case dated Mar. 27, 1975, that the Federal
Government had actual advance notice of the
treaties. Negotiations between the parties for
settlement of remaining issues are in progress.
Papago. Aboriginal land claim submitted to the
Commission for its decision on valuation issues.
A settlement proposal that has been agreed upon
by counsel for the parties has been submitted
to the Attorney General for his approval.
350-C... Three Affiliated Tribes of Fort Berthold Reserva-
tion. A hearing on a compromise settlement of
this case and the case in docket 350-D is set for
Jan. 30, 1976.

345.

350-D....

Three Affiliated Tribes of Fort Berthold Reserva-
tion. Claim arising from exchange of reservation
lands. A hearing on a compromise settlement of
this case and the case in docket 350-C is set for
Jan. 30, 1976.

See footnotes at end of table.

PENDING INDIAN CLAIM CASES, DEC. 31, 1975-Continued

[Explanation of symbols: The letter "x" marks the phase or phases in which the case is pending before the Commission. The letter "c" indicates that the case is consolidated with one or more other cases. The letter "b" indicates that the case is in the post-trial briefing stage. The letter "s" indicates that the case is submitted to the Commission for its decision]

350-G... Three Affiliated Tribes of Fort Berthold Reservation. Claim for general accounting of funds and other properties. Some issues have been disposed of, others are in process of being framed. The Commission's opinion and interlocutory order of May 29, 1975, required defendant to supplement its accounting for funds and other properties in certain respects, granted plaintiff summary judgment for amounts claimed under certain of its exceptions to the defendant's accounting reports and for lost interest on balances of certain funds, dismissed plaintiff's exception arising from construction of the Garrison Dam Reservoir project in North Dakota and the related flooding of plaintiff's reservation, and required plaintiff to show cause why certain other of its exceptions or parts of exceptions to defendant's accounting should not be dismissed. The Commission's opinion and order of Dec. 18, 1975, on responses to the show cause order dismissed all of the plaintiff's exceptions and parts of exceptions to which the show cause order was directed except an exception concerned with labor allegedly required illegally of the plaintiff tribes.

352......

353......

Aleut Community of St. Paul Island. In 1973 the x
Court of Claims affirmed the Commission's dis-
missal of all claims in this case and in another
Aleut case in docket 369, except the plaintiff's
claims for breach of fair and honorable dealings,
and remanded both dockets to the Commission
for further proceedings on the latter claims. On
July 18, 1975, the Commission, acting on plain-
tiff's motion under docket 369, severed a claim
of the Aleut Community of St. George Island
from docket 369 and consolidated that claim for
trial in docket 352. Counsel for the parties are
preparing for trial in both dockets on whether
the United States breached its obligations and, if
so, the damages thereby sustained by the plain-
tiffs. It is the present expectation of counsel for
the parties that they will be prepared for a
formal pretrial conference in March 1976, and
for trial in docket 352 in May 1976. The trial in
docket 369 will be held after the trial in docket
352.

Navajo. Claim for an accounting under oil and gas
leases of reservation lands negotiated by the
defendant prior to Aug. 13, 1946. Proceeding in
consolidation with other Navajo accounting
claims in dockets 69 and 299. See comments
above under docket 69 regarding the 3 dockets.
354 Pueblo of San Ildefonso. Land, interest and general x7
accounting claims. The Commission's determi-
nations in respect to lands held by aboriginal
title and dates of extinguishment of such title
were affirmed by the Court of Claims on Apr. 16,
1975. Pending on plaintiff's motion of Nov. 10,
1975, for a rehearing on the Commission's order
of Feb. 10, 1971, denying plaintiff's motion for
summary judgment on its claim for interest on
certain money paid belatedly under the Pueblo
Lands Act of 1924. Defendant's time for respond-
ing to this motion has been extended through
Jan. 25, 1976, Plaintiff's exceptions to defend-
ant's accounting are awaited. The parties expect
to be able to agree upon a compromise settle-
ment of all claims in this case after the appeals
under docket 357-A involving interest issues are
finally disposed of.

See footnotes at end of table.

PENDING INDIAN CLAIM CASES, DEC. 31, 1975-Continued

[Explanation of symbols: The letter "x" marks the phase or phases in which the case is pending before the Commission. The letter "c" indicates that the case is consolidated with one or more other cases. The letter "b" indicates that the case is in the post-trial briefing stage. The letter "s" indicates that the case is submitted to the Commission for its decision]

355....

Pueblo of Santo Domingo. Same comment as under x7
docket 354, above. On Nov. 26, 1975, the Com-
mission granted plaintiff's motion of July 25,
1975, for a rehearing in respect to the eastern
boundary of the Santo Domingo aboriginal title
area and ordered counsel for the parties to
appear for a conference on Jan. 12, 1976, to
discuss whether a trial will be necessary to
determine the true eastern boundary of the
aboriginal title area. On defendant's motion,
which mentioned, inter alia, negotiations for
settlement of this case, the conference setting
of Jan. 12 was vacated by the Commission's
order of Dec. 23, 1975, which order requires the
attorneys for the parties to advise Commissioner
Yarborough by Jan. 30, 1976, as to the outcome
of further settlement negotiations referred to
in defendant's motion.

356. Pueblo of Santa Clara. Same comment as under X7

357.......

docket 354, above.

Pueblo of Taos. Land and general accounting
claims. The parties expect to be able to agree
upon a compromise settlement of this case after
the appeals under docket 357-A are finally
disposed of. To be tried on land valuation issues
at same time as dockets 354, 355, 356, and 358
if the parties in those dockets and 357 are unable
to reach compromise settlements of valuation
issues. Plaintiff's exceptions to defendant's
accounting are awaited.

357-A..... Pueblo of Taos. Claim arising from an alleged 5th
amendment taking of 926 acres of plaintiff's
land in the town of Taos, N. Mex. On cross
appeals in the Court of Claims from the Com-
mission's interlocutory award of $297,684.67,
plus interest thereon at 5 percent per annum
from Mar. 17, 1927, until the date payment is
made, and related determinations. The parties
expect to be able to negotiate a compromise
settlement of this case after the appeals are
finally disposed of.

363.

358 Pueblo of Nambe. Same comment as under docket
354, above. To be tried on land valuation issues X7
at same time as dockets 354, 355, 356 and 357
if the parties in those dockets and 358 are unable
to reach compromise settlements of valuation
issues.
Lower Sioux Indian Community, in Minnesota, et
al. The 1st claim in plaintiffs' amended petition
in this case, a claim for additional compensation
for tribal land in Minnesota relinquished to the
defendant under an 1858 treaty, was concluded
with a final award of $66,940 dated July 25, 1967.
What amount to claims under 3 counts are
asserted under the 2d,claim in the amended
petition. Of these claims the 1 in count 2, a claim
for just compensation for Devils Lake Reserva-
tion lands of the Sisseton and Wahpeton Bands,
was concluded with a final award dated Feb. 27,
1974, which, with interest to date of payment as
provided in the Commission's award order,
amounted to $8,473,221.26. Claims in 2 counts
(of the 2d claim in the amended petition) remain
in docket 363, they are:
See footnotes at end of table.

71-267 76 - 4