APRIL 25 (legislative day, APRIL 24), 1940.-Ordered to be printed Mr. THOMAS of Oklahoma, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 8499] The Committee on Indian Affairs, to whom was referred the bill. (H. R. 8499) relating to heirs of deceased Indians by adoption, having considered same, report thereon with the recommendation that it do pass with an amendment as follows: On page 2, line 17, strike out the word "of" and insert in lieu thereof the word "or". The amendment suggested herein is made for the purpose of correcting typographical error. This bill has been considered by the Committee on Indian Affairs of the House of Representatives. On February 29, 1940, that committee submitted its report (H. Rept. No. 1694), recommending passage of the bill and, on March 18, 1940, it passed the House. A full explanation of the purpose of this bill is contained in said House Report No. 1694, a copy of which is appended hereto and made a part of this report, as follows: [H. Rept. No. 1694, 76th Cong., 3d sess.] The Committee on Indian Affairs, to whom was referred the bill (H. R. 8499) relating to adoption of minors by Indians, having considered the same, report favorably thereon with amendment and recommend that the bill as amended do pass. The amendment is as follows: On page 1, line 8, after the word "Indian" strike the word "tribal". This proposed legislation was suggested by the Secretary of the Interior in a communication dated February 8, 1940, addressed to the Speaker of the House of Representatives. Thereafter a bill, H. R. 8499, was introduced embodying the proposed legislation submitted by the Secretary of the Interior. The bill was referred to your committee for consideration. The communication of the Secretary of the Interior, above referred to, follows: The SPEAKER OF THE HOUSE OF REPRESENTATIVES. SIR: There is submitted herewith a draft of proposed legislation relative to the adoption of minors by Indians. I request that the proposed bill be placed before the House of Representatives for consideration. The proposed bill provides that in probate proceedings before the Secretary of the Interior relating to the estates of Indians who die after the bill becomes effective no person shall be held to be an heir of a deceased Indian by virtue of an adoption unless the adoption is evidenced by a judgment of a State or tribal court; or is a written adoption approved and recorded by the superintendent of an agency, an adoption by Indian custom made prior to the effective date of the act and recorded with a superintendent, or a recorded adoption made pursuant to a procedure established by tribal authorities. Certain adoptions recognized by the Department of the Interior would also be effectual under the provisions of the bill. Under the acts of June 25, 1910 (36 Stat. 855), and February 14, 1913 (37 Stat. 678), the Secretary of the Interior is required to determine the heirs and probate the wills of any person having any right, title, or interest in any allotment held under trust or other patent containing restrictions on alienation, or individual Indian moneys or other property held in trust by the United States. In these proceedings the question of adoption continually arises and the devolution of valuable estates often depends upon whether an adoption is or is not established. The broad purpose of the bill is to require that there be a written record of each adoption. The several methods recognized for making such an adoption are those which the administration of Indian affairs has shown to be desirable. The Department now recognizes the decrees of State courts and the bill would continue this practice. Another presently recognized method of adoption is by tribal court action and this jurisdiction of tribal courts is continued. However, the expense attendant upon an action in a State court frequently compels an Indian to forego a court proceeding and some tribes have not yet established tribal courts; these difficulties the bill would meet by recognizing a third method of adoption, that of adoption by written recordation with the superintendent of an agency. Recorded adoptions made in accordance with procedures established by recognized tribal authorities would also be valid under the provisions of the bill. It is the present practice of this Department to recognize the so-called Indian custom adoption whenever sufficient evidence of the decedent's intention exists. At one time Indian custom adoptions were by formal ceremonies, but in most tribes this ancient practice has been relaxed and it is difficult to determine whether or not an adoption was actually made in a particular case. In none of the Indian custom adoptions is there a written record and the available evidence is often confusing, conflicting, and of dubious character. If the bill becomes law, adoptions made in accordance with present practices by persons who died prior to the effective date of the act will be recognized by the Department. Indian custom adoptions made prior to the effective date of the act and participated in by persons who are still living can be validated by recordation with a superintendent. Since it will take some time to inform the Indians of the necessity to record Indian custom adoptions before the death of one of the parties, the act will become effective 6 months after the date of its approval. Any adoption participated in by a person dying during the 6 months' period will be excepted from the operation of the act. The provisions of subdivision (2) of section 1 are designed-first, expressly to confirm adoptions which have been recognized by the Department of the Interior prior to the effective date of the act in order to prevent the passage of the act from raising a question as to their continued validity, and second, to permit an Indian whose adoption is established in a proceeding to distribute the estate of an Indian who has died prior to the effective date of the act, to inherit by virtue of that adoption from a person other than the decedent if the applicable law so provides. By express provision the bill would not apply to the distribution of the estates of Indians of the Five Civilized Tribes or the Osage Tribe. Probate matters connected with these tribes occupy a special position. On March 3, 1931, Congress enacted the "Crow" Act (46 Stat. 1494), covering adoption by the Crow Indians of Montana. The act has eliminated practically all dispute and administrative difficulty in adoption among the Crows. The proposed act is similar to the "Crow" Act and in addition recognizes decrees of tribal courts and adoptions made pursuant to tribal procedures, and provides for the validation of Indian-custom adoptions by their recordation during the lifetime of the parties. The subject of adoption has been considered by the tribal councils, Government officials, and Indian assemblies. All agree that a remedy must be provided. Expressed opinions are (1) adoption should be left to the State courts; (2) it should be handled by the tribal agencies; and (3) Indian custom should be recognized and made of record. The instant proposal does not conflict with any of these ideas. It embraces all of them and places both the Indian and this Department in a position where in all probate cases a record will be available that will amply protect the bona fide claimant and likewise eliminate the imposter. The Director of the Bureau of the Budget has advised me that there is no objection to the presentation of this proposed legislation to the Congress. Respectfully. HAROLD L. ICKES, O 76TH CONGRESS 3d Session SENATE { REPORT No. 1526 RELIEF OF SETTLERS ON FORT PECK AND CERTAIN OTHER RESERVATIONS APRIL 25 (legislative day, APRIL 24), 1940.-Ordered to be printed Mr. THOMAS of Oklahoma (for Mr. WHEELER), from the Committee on Indian Affairs, submitted the following REPORT [To accompany S. 3101] The Committee on Indian Affairs, to whom was referred the bill (S. 3101) authorizing the Secretary of the Interior to reinstate any entry or purchase under certain conditions, on certain Indian reservations, having considered same, report thereon with the recommendation that it do pass with the following amendment: On page 1, line 3, strike out all following the word "that" and insert in lieu thereof the following: the Secretary of the Interior is hereby authorized to reinstate any entry or purchase, in existence December 31, 1936, on the opened lands within the ceded areas of the Cheyenne River, Coeur d'Alene, Colville, Fort Berthold, Fort Peck, Pine Ridge, Rosebud, or Standing Rock Indian Reservations, or any of the Chippewa Lands in Minnesota opened in accordance with the Act of January 14, 1889 (25 Stat. 642), that has been canceled in toto for failure of the claimant thereof to make payment of the purchase money and interest due, or, any such entry canceled in part by relinquishment, upon the filing by the claimant in the proper district land office within 60 days from the date of the enactment of this Act, an application for reinstatement accompanied by the full amount of money due under governing laws: Provided, That all other requirements of the laws under which the entry or purchase was made have been complied with. After the receipt of this bill by your committee, it was referred to the Secretary of the Interior for further consideration and report, and thereafter, on March 7, 1940, he submitted his report together with a suggestion that the bill be amended as herein recommended. A full explanation of the purpose of this proposed legislation is contained in the said report of the Secretary of the Interior, dated March |