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]

Docket

No.

364.

369

Plaintiff tribe, band or group, and comments

Count 1, a claim for a general accounting of
funds and properties of the plaintiffs that
have been under the management and con-
trol of the defendant. An interlocutory
decision of Aug. 22, 1975 (36 Ind. Cl. Comm.
295-414), disposed of some issues and
simplified those remaining. Counsel for the
parties and their accountants met in a con-
ference before Commissioner Vance on
Sept. 16, 1975, and discussed how best to
expedite the final disposition of this count.
Inter alia, they agreed upon priorities for
completion of the additional accounting
needed from the Government for comple-
tion of count 1. This accounting is being
prepared in the Indian Trust Accounting
Division of the General Services Adminis-
tration.

Count 3, claim of the Sisseton and Wahpeton xs?
Sioux Bands for additional compensation
for their interest in certain lands in the
eastern part of the present States of North
and South Dakota ceded to the United States
by the agreement of Sept. 20, 1872. The
Commission's decision on land title and
related issues in this claim was entered on
Sept 25, 1975. The Commission's order of
that date directed that this claim proceed to
a determination of the acreage and fair
market value as of May 19, 1873, of the
areas found to have been owned by the
claimants, the consideration paid for them
by the United States and all other issues
bearing on the question of the defendant's
liability. This claim is submitted to the
Commission for its decision on (1) the de-
fendant's motion of Oct. 24, 1975, for leave
to file an amended answer to the plaintiffs'
petition and for a rehearing of matters
covered in the Commission's decision of
Sept. 25, 1975, and (2) the plaintiffs' motion
of Nov. 13, 1975, for clarification of certain
portions of the Commission's decision of
Sept. 25, 1975.

Ottawa-Chippewa Tribe of Michigan. Accounting
case. An interlocutory decision of Jan. 27, 1975,
disposed of several issues and simplified some
of those remaining. Submitted to the Commis-
sion for its decision on remaining accounting
issues and the plaintiff's motion of June 19, 1975,
that the Commission reconsider its determina-
tion, in the decision of Jan. 27, 1975, that plain-
tiff is not entitled to interest on any deficiencies
discovered in defendant's payments under
certain treaty provisions.

Aleut Tribe, et al. See comments under docket 352, x
above.

For the purpose of keeping the Congress informed of its work and progress, the Indian Claims Commission respectfully submits herewith its Annual Report for the fiscal year July 1, 1974, to June 30, 1975.

Sincerely,

Jerome K. Kuykendall
Chairman

John T. Vance

Commissioner

Richard W. Yarborough
Commissioner

Margaret H. Pierce
Commissioner

Brantley Blue
Commissioner

Appendix 1. Listing by Fiscal Years, from 1947 to 1975
inclusive, of totals of dockets completed and awards.

Appendix 2.

Detailed listing of awards by fiscal year.

Appendix 3. Summary of the status of final awards as of

June 30, 1975.

Appendix 4. Compilation of the status of all cases as of

June 30, 1975.

Appendix 5. Chronological listing of the members of the
Indian Claims Commission since its establishment.

Appendix 6. History of the Indian Claims Commission, and

Nature of the Commission's work.

INDIAN CLAIMS COMMISSION

1975

ANNUAL REPORT

HIGHLIGHTS

In fiscal year 1975 the Indian Claims Commission entered the largest award made to date: $35,060,000 to the Kiowa, Comanche and Apache Tribes in consolidated Dockets 257 and 259-A. In all, the Commission entered 87 decisions affecting 132 dockets. They added approximately two volumes (926 pages) to the Commission's official reports: Volume 34, pages 219 through 448; Volume 35, pages 1 through 483; and Volume 36, pages 1 through 214. The 87 determinations included 7 final awards involving 9 dockets and 3 dismissals. Copies of decisions may be obtained from the Commission on request.

During April 1975 hearings on the Commission's 1976 Authorization both Houses of Congress sought to anticipate the probable status of the Commission's work on the scheduled completion date of April 10, 1977. Witnesses were heard from the Court of Claims, which will take over any remaining work; the Indian Claims Bar; the Department of Justice; the National Congress of American Indians; and the Indian Claims Commission itself.

Following these hearings, the House of Representatives passed a bill in customary form that would authorize funds for fiscal year 1976. The Senate, however, in addition to authorizing 1976 funds, passed a bill that would (1) extend the life of the Commission to April 1980, with any remaining cases to be turned over to the Court of Claims, (2) provide for