AUTHORIZING THE ESTABLISHMENT OF BOULDER CITY TOWN SITE January 31, 1931.—Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. ARENTZ, from the Committee on Public Lands, submitted the following REPORT [To accompany H. R. 16422] The Committee on the Public Lands, to whom was referred H. R 16422, authorizing the establishment of Boulder City town site and necessary expenditures in connection therewith, and for other purposes, having considered the same, report favorably thereon and recommend that it do pass without amendment. Within a short time active work will begin upon the construction of the Boulder Dam, including the driving of four tunnels 50 feet in diameter, the excavation in the river to a depth of 110 feet to solid bedrock, and the construction of a dam upon this dam site rising to an elevation of more than 600 feet. This construction work will be carried on over a period of seven to eight years. It is necessary to provide proper facilities for the workmen employed upon this vast undertaking. It is estimated that on the various divisions of this work a total of over 2,000 men will be employed. It is some 30 miles to the nearest town, Las Vegas, Nev., and transportation of these men back and forth this distance will not be in the public interest, and for the most part the engineering and administration officials of the Reclamation Bureau will reside at the works. Under the provisions of this bill the Secretary of the Interior is authorized to lay out a city, at a site which has been agreed upon, close to the dam site and build such structures as will be essential for the carrying out of this bill. Water must be pumped hundreds of feet from the river, pass through filtering beds, and stored in suitable sized tanks above the proposed town site; sewage facilities will have to be arranged for, administration buildings and other necessary structures will have to be erected. Letter of transmittal and memorandum from the Secretary of the Interior, addressed to the chairman of the Public Lands Committee, appears below and is made a part of this report. This letter more should be paid to those legally entitled to enrollment under existing law and award such amounts to certain persons who have no rights to share with the members of the different bands of Chippewa Indians. It is believed that this would create a liability against the United States and make it necessary to restore such payments to the Chippewa funds from the Treasury of the United States. The claims authorized to be presented by the above act were presumably_all filed in five different suits known as H-76, H-155, H-163, H-192, H-279. The attorneys for the Indians have requested permission to move the dismissal of suit No. H-279 for the reason that the matters alleged therein are res judicata, and such permission has been given by this department. Of the other four suits one, No. H-155, contains, in the original petition, a claim for $1,000,000 alleged to have been unlawfully paid to the persons for whose benefits it is believed this bill was in part introduced. After the decision of the Supreme Court in the case above cited, the attorneys filed an amended petition in this suit in which an effort was made to strengthen the position taken in the original petition notwithstanding the said decision and to reinsert the same question in the courts. In the amended petition, the claim for $1,000,000 was apparently abandoned, and a claim "in excess of $150,000" was alleged. Manifestly it would be inconsistent for the attorneys to pursue the claim against the United States for reimbursement in the Court of Claims and at the same time request the court to hold that the persons to whom the payments were made were and are legally entitled to receive the moneys for which the claim is made. The proposal to amend section 3 of the act of 1926 is for the purpose of limiting the set-offs of the United States to moneys paid under specific appropriations of public moneys from the Treasury of the United States for the benefit of these Indians. This would not permit the court to consider any gratuities paid these Indians from funds of the United States Treasury. The reports of this department and the General Accounting Office on suit No. H-155 have included gratuities in connection with the case. In suits by other tribes against the United States, gratuitous appropriations are included with all other moneys paid to or expended for the benefit of the Indians as proper set-offs against any possible recovery by the Indians. The only exception is the jurisdictional act of May 18, 1928 (45 Stat. L. 602), authorizing the Court of Claims to hear and determine the claims of the Indians of California. This was an act for the adjudication of claims of Indians who had never entered into treaty relations with the Government and who had never received any consideration for their lands. In the act, the lands claimed were limited to only such tracts as had been reserved under 18 unratified treaties, and the set-offs were limited to specific appropriations. We see no reason why an exception should be made in favor of the Chippewa Indians of Minnesota, over other treaty Indians. In view of the above, we see no reason for amending the act of May 14, 1926, as proposed, and it is recommended that H. R. 13584 be not enacted. C. J. RHOADS, Commissioner. AUTHORIZING THE ESTABLISHMENT OF BOULDER CITY TOWN SITE JANUARY 31, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. ARENTZ, from the Committee on Public Lands, submitted the following REPORT [To accompany H. R. 16422] The Committee on the Public Lands, to whom was referred H. R 16422, authorizing the establishment of Boulder City town site and necessary expenditures in connection therewith, and for other purposes, having considered the same, report favorably thereon and recommend that it do pass without amendment. Within a short time active work will begin upon the construction of the Boulder Dam, including the driving of four tunnels 50 feet in diameter, the excavation in the river to a depth of 110 feet to solid bedrock, and the construction of a dam upon this dam site rising to an elevation of more than 600 feet. This construction work will be carried on over a period of seven to eight years. It is necessary to provide proper facilities for the workmen employed upon this vast undertaking. It is estimated that on the various divisions of this work a total of over 2,000 men will be employed. It is some 30 miles to the nearest town, Las Vegas, Nev., and transportation of these men back and forth this distance will not be in the public interest, and for the most part the engineering and administration officials of the Reclamation Bureau will reside at the works. Under the provisions of this bill the Secretary of the Interior is authorized to lay out a city, at a site which has been agreed upon, close to the dam site and build such structures as will be essential for the carrying out of this bill. Water must be pumped hundreds of feet from the river, pass through filtering beds, and stored in suitable sized tanks above the proposed town site; sewage facilities will have to be arranged for, administration buildings and other necessary structures will have to be erected. Letter of transmittal and memorandum from the Secretary of the Interior, addressed to the chairman of the Public Lands Committee, appears below and is made a part of this report. This letter more fully explains the purpose of the proposed legislation and contains a recommendation from the Secretary that this bill be favorably considered. DEPARTMENT OF THE INTERIOR, Hon. DoN B. COLTON, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. CHAIRMAN: In compliance with your request of January 23 for a report on H. R. 16422, which would authorize the establishment of Boulder City town site, and necessary expenditures in connection therewith, and for other purposes, I transmit herewith a memorandum on the subject that has been submitted by Acting Commissioner Dent of the Bureau of Reclamation. After a review of the proposed measure I agree with Mr. Dent. Sincerely yours, RAY LYMAN WILBUR, Secretary. DEPARTMENT OF THE INTERIOR, Memorandum for the Secretary. Attached letter of January 23 from Hon. Don B. Colton, chairman Committee on the Public Lands, House of Representatives, requests report on H. R. 16422, "A bill authorizing the establishment of Boulder City town site, and necessary expenditures in connection therewith, and for other purposes." In the construction of the Hoover Dam, power plant, and related works it is necessary to establish and operate a town site at a suitable location in the vicinity of the work in order that the employees of the Government and of the contractor may be properly housed and made reasonably comfortable. The town nearest to the dam site is Las Vegas, Nev., some 30 miles distant. This is too far to be considered as a place of residence for the majority of those to be employed on the work. A branch railroad is now being constructed from a point on the Union Pacific Railroad near Las Vegas to the location of the proposed town site and to the dam site on the Colorado River. It is estimated that during the construction period the inhabitants of the town site will number three or four thousand. A town planner thoroughly qualified by training and experience has been employed to plan and lay out the town site. The plans prepared, after careful consideration of all conditions, have been approved by the Secretary of the Interior. In order to provide for the health and bodily comfort of the inhabitants it is necessary to provide and to operate a water supply system, a sewage system, to construct and maintain sidewalks, to pave streets, to provide hospital facilities, office buildings, dormitories, messhouses, and other facilities. The town site is to be located upon the public domain of the United States reserved for construction purposes under the Boulder Canyon project act and the reclamation law. As an aid to maintaining control of the situation, to safeguard, so far as possible, the health and moral welfare of the inhabitants, plans contemplate the lease of lots and parcels of land in the town site for residence and business purposes. No provision will be made at present for passing of title from the United States. Lessees will be required to construct at their own expense such buildings as may be necessary to meet their respective requirements. Cottages, dormitories, messhouses, etc., will be constructed by the United States for its own employees only. Facilities of this character for the accommodation of the contractor's employees will be supplied by and at the expense of the contractor or his employees. Rates for leases, water service, electric lights and other privileges and service furnished by the United States will be fixed with a view to returning the expense incurred by the Government and to making the town site and other activities self-supporting. The buildings and other facilities considered necessary for the purposes stated are enumerated in section 3 of the bill. Only such of these facilities will be provided at Government expense as may be found necessary in conducting operations. I recommend favorable consideration of the bill. EXTEND TIME FOR PAYMENT OF CHARGES DUE ON BLACKFEET INDIAN IRRIGATION PROJECT JANUARY 31, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. LEAVITT, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 16706] The Committee on Indian Affairs, to whom was referred the bill (H. R. 16706) to authorize the Secretary of the Interior to extend the time for payment of charges due on the Blackfeet Indian irrigation project, and for other purposes, having considered the same, report thereon with a recommendation that it do pass without amendment. STATEMENT OF FACT REGARDING PRESENT SITUATION ON BLACKFEET IRRIGATION PROJECT AND NECESSITY FOR LEGISLATION TO REMEDY SITUATION The Blackfeet project records carry 21,565 acres as assessable for irrigation charges. This area was determined by the capacity of the irrigation works to deliver irrigation water, and the specific legal subdivisions were arrived at by summing the acres included in applications for water service up to the then capacity of the system. During the war-time period of intense agricultural activity large tracts were put into cultivation on the project and irrigation water applied for. This activity took place on both fee patented land and trust patent Indian land, which was leased in large blocks. The applications for water placed all such tracts in an assessable status, and charges of irrigation assessments have continued since the time the application for water was made. During the time of the agricultural depression, which was particularly severe in that locality, a large percentage of the farming activity was temporarily abandoned, with the result that assessments continued to pile up both against Indian land and white-owned land. |