COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

HOUSE OF REPRESENTATIVES

MORRIS K. UDALL, Arizona, Chairman

CHARLES CONKLIN, Staff Director
LEE MCELVAIN, General Counsel

STANLEY SCOVILLE, Special Counsel for Legislation FRANKLIN DUCHENEAUX, Special Counsel on Indian Affairs GARY G. ELLSWORTH, Minority Counsel

Dec 79

CONTENTS

Hearing held:

June 12, 1979.....

Text of H.R. 3274.

Background on H.R. 3274

Page

1

Section-by-section analysis of H.R. 3274

Department of Justice report on H.R. 3274

TUESDAY, JUNE 12, 1979

Statements:

Ayers, Claude, member, Land Claim Committee, Catawba Indian Nation of

South Carolina

38

Blue, Gilbert, chief, Catawba Tribe of Indians of South Carolina

Holland, Hon. Ken, a U.S. Representative from the State of South

Carolina

27, 94

10, 61

Krulitz, Hon. Leo M., Solicitor, U.S. Department of the Interior

Panel consisting of:

14, 65

Robert McFadden, member, South Carolina House of Representatives;

and chairman, judiciary committee

42, 397

William O. Nisbet, member, South Carolina Study Commission

Dr. Charles Vail, president, Winthrop College, and chairman, Greater

Rock Hill Chamber of Commerce Task Force on the Catawba Claim.. 47, 404

Clint R. Carpenter, Jr., executive vice president, Greater Rock Hill

Chamber of Commerce..

44

52, 404

53, 445

57

57, 456

Panel consisting of:

Mitchell K. Byrd, on behalf of the Tri-County Landowners Associa-

tion..

Guy Johnston, president, Tri-County Landowners Association.

Robert T. Yoder, property owner, Lancaster County, S.C.

Woodington, Kenneth, assistant attorney general, on behalf of Daniel R.

McLeod, attorney general, State of South Carolina

APPENDIX

Additional material submitted for the hearing record from:

The State of South Carolina:

1. Letter from Hon. Richard W. Riley, Governor, to Hon. Morris K. Udall,

chairman, Committee on Interior and Insular Affairs, dated May 24,

1979, indicating that the attorney general's office speaks for him and the

State of South Carolina at hearing of June 12, 1979 (with exhibits

attached)..

2. Exhibit A: Letter from attorney general's office and legal representa-

tives of the Catawba Indian Tribe, to Hon. Ken Holland, dated October

11, 1977, submitting areas of agreement between the tribe and the State.

3. Exhibit B: Letter from Daniel R. McLeod, attorney general, to Hon. Ken

Holland, dated October 17, 1977, transmitting points of disagreement

between Catawba Tribe and the State

4. Exhibit C: Letter from Don B. Miller, counsel for the Catawba Tribe, to

Hon. Ken Holland, dated November 1977, setting forth the tribes

position on certain areas of disagreement with the attorney general .....

24, 71

84

85

88

90

Appendix-Continued

The Catawba Indian Tribe of South Carolina:

A.

B.

1. Exhibit I: A History of the Catawba Tribe and its reservation lands:
1850-1959.

2. Exhibit II: Legal basis for the claim; Department of the Interior's
litigation request to the Department of Justice, August 30, 1977
3. Exhibit III (A through X): Development of the claim since 1975:
Initiation of claim; letter from attorneys to Chief Blue, June
10, 1975

Initiation of claim, retain attorneys; letter from attorneys to
tribal executive committee, May 12, 1976.....

Page

135

199

203

204

C.

Retain attorneys; resolution of tribal executive committee,
May 28, 1976

207

D.

Presentation of claim; minutes of Catawba tribal meeting,
June 3, 1976..

208

E.

Notice of claim to South Carolina congressional delegation;
memo from tribe to Senators Thurmond and Hollings and
Representative Holland, June 10, 1976.......

213

F.

Tribal authorization to proceed with claim; minutes of Cataw-
ba tribal meeting, July 17, 1976

G-1. Notice of tribal litigation request to Representative Holland;
letter to Representative Holland from Catawba Tribal Execu-
tive Committee, August 9, 1976.
G-2. Notice of tribal litigation request to James B. Edwards, Gover-
nor of the State of South Carolina; letter to Governor Edwards
from Catawba Tribal Executive Committee, August 9, 1976 ....
Historical summary of claim and tribal offer to discuss alter-
natives to litigation with State; letter from tribal attorneys to
Governor Edwards, October 29, 1976.

Initial discussion with South Carolina State government;
letter from tribal attorneys to State Governor and attorney
general, February 24, 1977

228

J.

Tribal decision to seek congressional settlement of claim to
include Federal reservation and services; resolution of Cataw-
ba Tribe of Indians, April 2, 1977

231

K.

Valuation of claim; letter from tribal attorneys to OMB, May
2, 1977.

235

L.

Partial agreement between tribe and State attorney general;
joint letter from State attorney general and tribal attorneys to
Representative Holland, October 11, 1977

238

M.

State attorney general's separate views on partial agreement;
letter from State attorney general McLeod to Representative
Holland, October 17, 1977

241

N.

O.

Tribe's separate views on partial agreement; letter from tribal
attorneys to Representative Holland, November 1, 1977..
Litigation request; letter from the solicitor to Assistant Attor-
ney General Moorman, August 30, 1977

243

247

P.

Land use analysis for proposed reservation; land use analysis
study by Wilbur Smith and Associates, November 1977.
P-1. Valuation of claim; letter from tribal attorneys to Federal
task force, March 7, 1978

251

327

P-2. Valuation of claim; Catawba claim area market evaluation by
Wilbur Smith and Associates, March 6, 1978

329

P-3. Valuation of claim; technical memorandum by Wilbur Smith
and Associates, November 1977.

346

Q.

Tribal authorization to introduce settlement legislation; min-
utes of Catawba tribal meeting, December 3, 1977
R-1. Tribal authorization to introduce settlement legislation; tribal
resolution, December 10, 1977

356

358

R-2. Tribal authorization to introduce settlement legislation; ex-
planation of proposed resolution, December 10, 1977

363

R-3. Tribal authorization to introduce settlement legislation; bal-
lot, December 10, 1977.

364

S.

Tribal efforts to resolve internal dispute; minutes of Catawba
tribal meeting, February 18, 1978...

365

The Catawba Indian Tribe of South Carolina-Continued

T.

U.

Agreement ending tribal dispute; agreement between the
executive committee of the Catawba Indian Nation and the
negotiating committee representing certain members of the
Catawba Indian Nation, June 28, 1978......

Meeting with Federal task force; letter from tribal attorneys
to Federal task force, September 19, 1978.

Page

367

369

V.

Proposed settlement legislation; letter from tribal attorneys
to Representative Holland enclosing draft of proposed settle-
ment bill, February 1, 1979

371

W.

Proposed settlement legislation; draft of proposed settlement
bill, February 1, 1979.

375

X.

Tribal preference vote; letter to tribal members with ballot,
May 31, 1979

389

Greater Rock Hill Chamber of Commerce:

1. Exhibit la: Letter from Robert L. Belk, representing Greater Rock Hill Chamber of Commerce, dated February 13, 1979

415

2. Exhibit 1b: Letter from Elizabeth Wilson, Lancaster Chamber of Commerce to Clint Carpenter, Greater Rock Hill Chamber of Commerce, dated March 1, 1979...

416

3. Exhibit 1c: Letter from James W. McAlhaney, Fort Mill Chamber of Commerce to Clint Carpenter, dated March 2, 1979

417

4. Exhibit 2a: Greater Rock Hill Chamber of Commerce Special Task Force Report, dated February 28, 1979

418

5. Exhibit 2b: Article from the Charlotte Observer, March 6, 1977, entitled, "This Land is Rightfully Ours".

420

6. Exhibit 3: Article from the Evening Herald, March 23, 1979, entitled, "Claim Task Force Dead

421

7. Exhibit 4: Letter from Robert E. Leak, Director of South Carolina State Development Board to Clint Carpenter, dated May 3, 1979

424

8. Exhibit 5a: Letter from Warren Norman Co., to Clint Carpenter, dated February 22, 1979

425

9. Exhibit 5b: Letter from Western Mortgage Corp., to Warren Norman, developer, dated June 1, 1977.

426

10. Exhibit 5c: Letter from Wooten-Brawley & Co., Inc., to Warren Norman, developer, dated June 2, 1977

427

11. Exhibit 5d: Letter from Mortgage Corp. of the South to Warren Norman, developer, dated June 29, 1977

428

12. Exhibit 6a: Letter from John Gill Insurance Co., to James B. Edwards, Governor, State of South Carolina, dated June 20, 1978

429

13. Exhibit 6b: Letter from James B. Edwards, Governor, to John Gill, dated June 23, 1978..

431

14. Exhibit 7: Lawyers Title Insurance Corp. document

433

15. Exhibit 8: Official statement of the Elderly Housing Corp. of Rock Hill, S.C., (a subsidiary of Rock Hill Housing Authority), dated May 19, 1977. 16. Exhibit 9a: Letter from James R. Honeycutt, attorney for Fort Mill Housing Authority, to James E. Bradbury, attorney, Department of Housing and Urban Development, dated December 6, 1978

17. Exhibit 9b: Letter from James E. Bradbury, to James R. Honeycutt, dated January 17, 1979 .

18. Exhibit 9c: Amended Public Housing Fund Reservation, dated October 31, 1978.

434

436

437

438

19. Exhibit 10a: Letter from W. H. Nixon, Director of Housing Division,
Department of Housing and Urban Development, to James T. Poore,
Director, Rock Hill Housing Authority, dated January 17, 1979...
20. Exhibit 10b: Article from the Charlotte Observer, April 18, 1979,
entitled, "City Might Tackle Project Delayed by Catawba Suit"
21. Exhibit 11a: Article from the Evening Herald, August 3, 1978, entitled,
"Catawba Claim Threat Slows Farmland Sales, Lender Says"
22. Exhibit 11b: Letter from Melvin B. Cauthen, Federal Land Bank, to
Clint Carpenter, dated May 10, 1979

Hon. Carroll Campbell, a U.S. Representative from the State of South Carolina: 1. Letter from Hon. Carroll Campbell to Hon. Morris K. Udall, chairman, Committee on Interior and Insular Affairs, dated June 1, 1979, concerning H.R. 3274 (with enclosures).

458

2. Enclosure 1: Letter from Robert L. McFadden, to Hon. Carroll Campbell, transmitting a copy of commission's minutes of meeting held May 21, 1979

3. Enclosure 2: Letter from Mitchell K. Byrd, to Hon. Carroll Campbell, dated May 24, 1979, concerning Catawba Indian land claims Thomas J. Blumer: Statement entitled, "Two Points Concerning a Just Settlement of the Catawba Indian Land Suit of 1977"

Page

459

460

463