Statement of Administration Policy: H.R. 2868 - Gay Head Wampanoag Indians Claims Settlement

(House)
(Reps. Studds (D), Donnelly (D), Markey (D) Mavroules (D), and Moakley (D) Massachusetts)

The Administration opposes enactment of H.R. 2868 because the bill would require a Federal contribution of $1.5 million to settle a claim which the Administration considers invalid, involving primarily non-Federal interests. The State contribution to this settlement is already in excess of what the beneficiaries would receive in a claims court proceeding, even- if the Gay Head claim were upheld.

(Not to be Distributed Outside Executive Office of the President)

This draft position was prepared by LRD in consultation with NRD (Taylor, Leonard, Crabill), and Justice (Perkins). While supporting a position of opposition, Interior would not characterize the claim as invalid because the issue has yet to be litigated.

H.R. 2868 would settle outstanding Indian claims to approximately 240 acres presently held by the town of Gay Head, Massachusetts as common lands. The claimants allege that the Federal Government wronged the group by failing to prevent the State from distributing what the group alleges was "tribal" land, to individual Indians and to the town. These claims have also clouded titles to certain private lands in the town, even though the private lands are not involved in the suit. While the Committee report is not available for review, Interior has advised that H.R. 2868 would:

— establish a $3 million "Gay Head Indian Settlement Fund" (half funded by Federal appropriation and half from the State) to adquire some 175 acres of private settlement lands, and transfer the newly acquired private lands to the Wampanoag Tribal Council, Inc.;

— require the Secretary of the Interior to publish in the Federal Register his findings as to whether the State has satisfied certain conditions of the transfer — satisfaction of which would be a prerequisite to Secretarial purchase of private settlement lands;

— extinguish any aboriginal land claims of the Wampanoag Tribal Council or any other entity known as the Gay Head Indians, but retain personal claims of individual Indians; and

— condition the settlement on a determination by Interior that the "Gay Head Wampanoag Tribe" is a tribe under the Department's tribal recognition regulations.

NRD believes the claim is questionable because (1) it has not been established that the land at issue was in fact tribally-held and (2) the alleged wrong was not a taking from the Indians, but rather a conveyance of property to them.

LEGISLATIVE REFERENCE DIVISION DRAFT
9/29/86