you given any thoughts yet to a plan the trustee might operate which might eventually look forward to letting these people assume the management of this property and equipping them to do it?

Mr. WATTERS. I think that is taken care of, Mr. Wolf, where we set up this regulation in 5 years. After the 5 years they can vote to withdraw. If they decide to withdraw from this in 5 years, then they can either liquidate it or set up a trust that is more satisfactory.

Mr. WOLF. I am just wondering if there is any plan to equip these people so that they can take it over, other than just allowing them to elect to stop it.

Mr. WATTERS. You certainly couldn't do it. It would have to be a separate organization of some kind. You mean educate them? Mr. WOLF. Yes.

Mr. WATTERS. It couldn't be done, I don't think, in this document. I think that is a social problem that a lot of attention should be given to it, but I think that it is a little out of our category here.

Mr. WOLF. You indicated to me earlier that Mr. Wilcox had some maps that would show some of the reservation problems regarding the management of the timber. Were you going to have him present that later?

Mr. WATTERS. Yes. He is available for whatever purpose you want him today.

Mr. GAMBLE. Mr. Watters, let me ask you just a very brief question. You mentioned in your testimony the fact that you had asked the Indians, 118 I believe you said, what type of management they thought ought to be established for the remaining property. Have you polled any group of Klamaths with respect to the recommendations that you are making to this committee about Federal acquisition of the tribal property?

Mr. WATTERS. Yes; I think there have been some polls made on that. I don't recall whether that question was in our poll. We had several questions we asked, and I think that this poll was made more in connection with carrying out the law itself. We had two monsters here. We had two monsters to ride, and we had to keep them separate, and I think that poll was directed primarily to the terms of the law and didn't go into Government purchase, as I recall now. Now, I would have to check and see.

Mr. GAMBLE. That is all I have.

Senator NEUBERGER. Mr. Watters, thank you very much for coming today. We appreciate the benefit of your views and recommendations. Please give Mr. Favell our best wishes for an early recovery. Our next witnesses are tribal representatives of the Klamath Tribe. Mr. Jackson, is it your wish that your associates appear with you or that you just appear alone? I notice Mr. Kirk, Mr. Cook, and Mr. Davis are likewise listed as witnesses. Or will you just appear alone at this time?

Mr. BOYD JACKSON. Mr. Chairman, I am not particular on the point. If they would just as soon come up here along with me, why, that would be agreeable insofar as I am concerned.

Senator NEUBERGER. Fine. We would be very glad to have your associates on the tribal executive committee appear with you and we could move a few other chairs up here, if you like. I know you have done that before.

Before we hear from Mr. Jackson, I want to put in the record a few documents that have come to me. I have a very brief letter from Hon. Harry D. Boivin, the representative from Klamath County in the Oregon State Senate, which I should like to read:

"DEAR SENATOR NEUBERGER: Because of illness in my family, I find it impossible to attend the important hearings you are conducting at this time. However, the following are my observations and recommendations:

"After considerable thought and much consultation with many constituents in my district, it is my opinion the only logical solution to Public Law 587 is for purchase of the Klamath Indian assets at fair market value by the Federal Government. It is impractical to carry out the law as now written without complete economic disaster to the Klamath Indians, Klamath County, and the State of Oregon. From a practical standpoint, it is impossible for the State of Oregon to bond itself to purchase these assets. "Respectfully submitted.

"HARRY D. BOIVIN, Oregon State Senator."

We likewise hope that the illness in his family which prevents Senator Boivin from being here will respond to early and complete treatment. I also have received from Mrs. Paul Buck, of Klamath Falls, an extensive document which embodies the views of the League of Women Voters of Klamath County. It is my understanding that this document on the termination problems and the resources and tribe generally was compiled by Mrs. Bob Ross, of the Klamath County unit of the League of Women Voters. Inasmuch as the League of Women Voters is not appearing today, I am going to submit this document compiled by Mrs. Ross for the hearing record. (The document referred to is as follows:)

LEAGUE OF WOMEN VOTERS KLAMATH COUNTY UNIT

Compiled by Mrs. Bob Ross

HISTORICAL BACKGROUND

The Klamath Indian Reservation was established by treaty in 1864. The Klamath, Modocs, and Yahooshkin Band of Snakes were settled in the area that is now known as the Klamath Reservation.

The numbered 755 (Klamaths) in 1905, including, however, many former slaves and members of other tribes who have more or less become assimilated with the Klamaths since the establishment of the reservation.

The Klamaths took no part in the Modoc War of 1872-73 and it is said their contemptuous treatment of the Modocs was a main cause of the dissatisfaction of the latter with their homes on the reservation which led to the war.

It was a prominent chief by the name of Kentpuash, more commonly known to history as Captain Jack, who led the more turbulent portion of the tribe back to the California border and obstinately refused to return to the reservation. The troops finally routed the Indians, Captain Jack, and five other leaders and they were hanged at Fort Klamath in October 1873.

The Modoc Tribe was then divided and a part being sent to the Oklahoma Indian Territory and placed on the Quapaw Reservation where they diminished to 56 by 1905. The Yahooshkin Indians are 1 of the 2 chief peoples in Oregon. They now intermarry with the Klamath Indians.

KLAMATH INDIANS TODAY

The 83d Congress enacted Public Law 587 which provides for the termination of Federal supervision over the property of the Klamath Indians. This is among the first endeavors by Congress to release completely any large group of Indians from Federal wardship. There are many implications and ramifications of this law, and there has been much discussion as to what will happen to the Indians, Klamath County, and the State of Oregon if the law is carried out as written. Perhaps the State of Oregon should take a look at this controversial Federal legislation.

To begin with, it would be well to find out what a Klamath Indian is, and how he lives and where. Much of the Klamath story is shrouded in mystery, nalf-truths, doubletalk, innuendo, and what one wants to believe. An endeavor has been made to picture these people as children of nature, living on their ancestral homeland where they preserve and treasure the culture of their forefathers. Nothing could be further from the truth. A little research will remove the myths surrounding the Indian people and give a true perspective of the problems they are facing.

In the first place, there is no reservation for the Klamath Indians-the Klamath Reservation was established for the Klamath, Modoc, and Yahooshkin Indians. In the second place, one has to stretch his imagination considerably to call these descendants of the original reservation Indians when there are now only 351 fullblooded Indians, and 1,222 persons with one-half degree of Indian blood or less. Just why is a man who is seven-eights Swede and one-eight Indian legally labeled an Indian? Another amazing revelation is the fact that in 75.8 percent of the marriages in 480 families, the spouse is non-Klamath, and in only 24.2 percent of the families are both husband and wife Klamath members. The very fact that one-third of the Klamaths live away from the reservation and that the Indian blood is fast thinning out through intermarriage, throws much different light on the termination program. The Indian culture has almost entirely disappeared and the old-type reservation Indian is gone forever. Last but not least, let us remember that the one-third of these people who live away from the reservation have just as much legal right to tribal assets as those who live on the reservation.

The material culture of the Klamath is little different from their non-Indian neighbors. They drive the same type cars, live in similar houses, dress, and speak the same. They do not wear their hair in braids and very few aboriginal foods are still eaten. Only in the field of nonmaterial culture, such as attitudes toward time, work, and money, are the Klamath set apart from other citizens of Oregon.

Official records reveal that the Klamath Reservation is a house divided against itself; some of the leaders of the tribal council want immediate termination, other leaders of the tribal council want to maintain the status quo, while yet others want an extension of the time on the Termination Act. Experience has proven that it has been utterly impossible to get any kind of agreement among the Klamath people as to the final settlement of their tribal assets.

For the past 15 years, the Klamath people have received a per capita payment of approximately $800 annually. This means that a family of 5 persons would receive a yearly payment of $4,000 tax free and, of course, the reservation people live on tax-free land. This means that the younger generation has always lived on unearned income. Statistics indicate that these reservation people, generally speaking, have not sought employment nor have they seen the need of getting an education. The court records show that an alarming juvenile delinquency problem exists on the reservation which is attributed to idleness and easy money under the parentalism of Uncle Sam.

A quick look at the census figures is certainly revealing. The census of 1955 totaled 2,086 Klamath Indians. The most astounding fact was that there were 1,163 persons 21 years of age or under, 765 between the ages of 21 and 55, and only 158 were 55 years of age or older. An analysis of these census figures clearly reveals that the program of termination must be geared for the younger generation.

Discussing the degree of social integration attained by the Klamaths on the reservation the specialists report turns to the majority of the local adult Klamaths have been arrested and convicted during the past 10 years for offenses other than traffic violations. The number of convictions ranges from 1 to more than 100 per individual.

The record also shows that the Klamath Indians whose numbers in Klamath County comprise less than 3 percent of the county population, are accounting for almost 50 percent of the child-delinquency cases requiring county welfare services.

The report concludes:

The Klamath Indians have been described to Congress as one of the most advanced Indian groups in the United States. To substantiate this has been offered a description of their material possessions and referenced to the absence of Indian customs and dress. We suggest that a more reasonable criterion than the extent to which the Klamaths have shed the blanket, is how well the majority of them have acquired skills and attitudes necessary for the assumption of responsibilities in a non-Indian society which they will be required to assume upon termination.

The specialists, as shown in the report, obviously do not believe the majority can make the change from reservation life into a non-Indian society under the terms of Public Law 587.

At the same time, a strong and vocal group disagrees. They assert that it is now or never for the Klamaths. They feel they have been shackled by the reservation system too long.

INDIAN EDUCATION IN PUBLIC SCHOOLS

The attendance of Indian pupils in Klamath County schools is below State average, and the greatest dropout period is in the 8th or 9th, 10th, and 11th grades. Retarded school progress and school dropouts are the natural result of erratic attendance. The apathy of the family, poor family habits, and don't-care attitude, the great dislike of routine and the revolt against taking orders or following directions are positive deterrants that prevent the Indian students' progress. It is quite noticeable that the need of an education for their children is not realized by the family. They simply do not see any use for it. The percentage of Indian children who completed high school is low. There were only 9 graduates from the 3 high schools on the reservation in 1956 and this was the largest graduating class in recent years. College attendance and graduation are even more rare, but it is encouraging to note that 5 of this group (1 non-Klamath Indian) with the guidance, counseling, and support of the Klamath Indian education and training program, went on to school; 3 to vocational school, 1 to business college, and 1 to an institution of higher learning. There is no reason to believe that Indian children are not as capable of doing satisfactory work but they do not seem to be able to rise above their environment.

Public Law 587-Its threat to water resources in the upper Klamath Basin

The central figure in the water supply of this basin is upper Klamath Lake. It is fed by many lakes and rivers, all within the boundaries of the reservation, and is used for irrigation and power development on Klamath River.

To clear-cut some 3 billion feet of timber from the reservation within a short space of time, could easily result in a disastrous shortage of water in years of subnormal precipitation. Such a procedure could well result in a very serious loss to the agricultural economy of the upper Klamath Basin which is fully as important as the timber industry. It would hurt our economy for years to

come.

TERMINATION

In August of 1954 the Interior Department proposed, and Congress passed, a law which said that by August 13, 1958, the Government would terminate its trusteeship over the persons and property of the Klamath Indians. On that date next August the Indians were to assume more than just the full rights of legal citizenship, which they already have been granted. They were to assume full responsibility for their own personal welfare. Those who couldn't manage their own affairs, children and incompetents, were to be protected by the laws of Oregon.

Since that

The termination act, Public Law 587, was passed 3 years ago. time the Klamaths have been under great emotional stress and near violence. Today, less than a year before the original termination, most of the procedures which were to have lead to the complete emancipation for the Indians have come to a stop, or have developed critical weakness.

Today the contrasts between the visible intent of the law and conditions on the reservation lead one to wonder whether Public Law 587 was designed for the Indians or some other group.

Because of the contrasts between the law and the reservation, Congress decided to take another look at the termination. A Senate-House conference committee has adopted amendments to Public Law 587 which will delay until August 1960 the termination date, and will make other changes in the program. Delay may not provide a real solution to the many complex problems facing not only the Klamaths, but in some degree, most of the people of Oregon. Here are a few of the things that Congress will find out about the Klamath Indians

1. This tribally owned land holds a different value for one group than it does for another.

2. The Klamaths are divided in the public eye, by two strongly entrenched and determined factions, neither of which opposes termination-but led by men who have been in personal conflict over the past 20 years. They are unable to agree on how soon or in what form they want termination. Many are torn and confused by the crosscurrents of the fighting.

3. Tribal government, never a strong influence on the Klamath Reservation now has deteriorated to a point of almost complete failure.

4. Many Indians feel they will be exploited or legally robbed of their estates in the termination process. The tribal executive committee threatened a boycott against the Klamath County legal profession because of special guardianship fee schedules established by the county bar association.

5. Non-Indians of the Klamath Basin look with genuine concern and in a few cases with anticipation toward the day when the Indians receive their share in the $100 million reservation. Many feel the money will be "blown" in a short time. This would leave the Indian with neither the means nor the background with which to support himself, and will present the Klamath Basin and Oregon with a far greater problem than it has now.

6. Finally, Congressmen will find that many of the men who have been hired to work on the termination program are fearful of its effects. In a report which has never been released by the Interior Department, two of these men have said the Congress was misled about conditions on the reservation and the capacity of the Klamaths to assume personal responsibility. These and many other ills of the reservation have come to light since the passing of Public Law 587.

In 1955 three men contracted with the Secretary of Interior to carry out a major part of the termination program. They are T. B. Watters, of Klamath Falls; Eugene Favell, of Lakeview; and William Phillips, of Salem. Mr. Phillips resigned in 1956. These are the management specialists. They say that if Public Law 587 is carried out as it was passed

1. The majority of the Indians will suffer.

2. The economy of the Klamath Basin will suffer.

The Management Specialists consider the amendment which will delay termination from August 1958 until August 1960 a battle which has been won.

This battle started in May 1955 and these men have been in constant conflict with either the Department, members of the Klamath Tribe, or their nonIndian neighbors. The chore the specialists contracted to carry out by March 31 of this year required them to go through these steps:

1. Cause an appraisal of the 800,000 acres of the Klamath Reservation which are in ownership (roughly valued at more than $100 million).

2. Conduct an election among the 900 adult Klamaths in which the Indians will chose between taking their per capita share (estimated at $50,000) of the reservation value in cash and withdrawing from tribal membership or of remaining in the tribe to share in management plan. This plan can't be worked out until after the election when it will be known how much land and how many members will be left in the tribe.

3. Sell enough of the reservation land in "economic units" to pay off the equities of the withdrawing members.

4. Develop a management plan under which the remaining forest and range land can be operated as a communal unit under a private corporation or trust. This sounds fairly simple but 70 percent of the Klamaths have indicated they might favor withdrawal and $50,000 cash in hand against some sort of management scheme is still very inviting. If as many as 70 percent withdraw a lot of timber would have to be sold. Earle Wilcox, forester working for the specialists, says that the volume to be dumped on the market in 1 year would be about