80TH CONGRESS 2d Session } HOUSE OF REPRESENTATIVES { REPORT No. 1671 PROVIDING FOR SALE TO THE CROW TRIBE OF INTER ESTS IN THE ESTATES OF DECEASED CROW INDIAN ALLOTTEES APRIL 7, 1948.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. WELCH, from the Committee on Public Lands, submitted the following REPORT [To accompany H. R. 2352] The Committee on Public Lands, to whom was referred the bill (H. R. 2352) to provide for sale to the Crow Tribe of interests in the estates of deceased Crow Indian allottees, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: On page 1, line 4, after the word "Interior", insert a comma and the words "or his duly authorized representative,". On page 1, line 10, strike out the figure "952" and insert in lieu thereof the figure "252". On page 2, line 7, after the word "Interior", insert a comma and the words "or his duly authorized representative,". On page 2, line 11, after the word "Interior", insert a comma and the words "or his duly authorized representative,". On page 2, line 19, after the word "Secretary", insert a comma and the words "or his duly authorized representative,". The purpose of this bill is to provide for the sale of interests in estates of deceased Crow Indian allottees to the Crow Indian Tribe, in Montana, by the execution of an order by the Secretary of the Interior transferring these interests to the United States to be held in trust for the Crow Tribe upon request for transfer by the Crow General Council. These lands shall be purchased from available tribal funds upon receipt of a written request by or for the heirs as provided in the Crow Act of June 8, 1940. Sale shall be subject to the acceptance by the heirs of the appraised value of the land determined by the general council. The bill is designed to give preference in the transfer of interests in estates having the greatest number of heirs. Any accrued irrigation operation and maintenance charges which are a lien on the land may remain as a charge against the land and the amount shall be considered in determining the appraised value. The lands acquired by the provisions of this bill may again be acquired and sold pursuant to the same provisions when the lands again fall into heirship status. This legislation is beneficial to the Crow Tribe and its members. It will enable the tribe to resell farm lands to those who are able to farm them and through this legislation, the tribe will be able to minimize the constant segmentation of land interests that now takes place through death and inheritance. At the request of the Secretary of the Interior, the bill has been amended to provide that an authorized representative of the Secretary shall effect the necessary orders transferring interests in inherited lands. The Committee on Public Lands is unanimous in its recommendation for enactment of this bill. At hearings held, a representative of the Department of the Interior testified stating that the Secretary is in full accord with its provisions and urges its passage. The favorable report of the Secretary of the Interior dated June 10, 1947, addressed to Hon. Richard J. Welch, chairman, Public Lands Committee, House of Representatives, is attached hereto and made a part of this report, as follows: Hon. RICHARD J. WELCH, DEPARTMENT OF THE INTERIOR, Chairman, Committee on Public Lands, House of Representatives. MY DEAR MR. WELCH: Reference is made to your request for a report on H. R. 2352, a bill to provide for sale to the Crow Tribe of interests in the estates of deceased Crow Indian allottees. For the reasons hereinafter stated, I recommend that this bill be enacted with certain changes as hereinafter set forth. It is suggested that in the following instances in the proposed legislation where the words "Secretary of the Interior" or "Secretary" appear (p. 1, line 4; p. 2, lines 7, 11, and 19) there be inserted thereafter "or his duly authorized representstive." In line 10 of page 1, page "952" should be stricken and page "252" inserted. I believe that the provisions of this bill will be beneficial to the Crow Tribe and its members. The Crow Tribe should acquire inherited allotments from the heirs when it can do so, and resell the farm lands to individual members who are able to farm them. The accrued irrigation operation and maintenance charges, if any, under the proposed bill, would remain a lien against the land, but would be considered in the net amount to be paid for the land. Should lands so purchased and sold again fall into heirship status, they would of course be subject, under the terms of this bill, to reacquisition and sale. In this way, the tribe would be able to minimize the constant segmentation of land interests that now takes place through death and inheritance. The Bureau of the Budget has advised me that there is no objection to the submission of this report to your committee. Sincerely yours, OSCAR L. CHAPMAN, Acting Secretary of the Interior. 80TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session { REPORT No. 1672 AMENDING SECTION 203 OF THE HAWAIIAN HOMES COMMISSION ACT, DESIGNATING CERTAIN PUBLIC LANDS AS AVAILABLE HOME LANDS APRIL 7, 1948.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. WELCH, from the Committee on Public Lands, submitted the following REPORT [To accompany H. R. 3633] The Committee on Public Lands, to whom was referred the bill (H. R. 3633) to amend section 203 of the Hawaiian Homes Commission Act, designating certain public lands as available home lands, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 11, following the word "being", add the word "a". EXPLANATION OF THE BILL The purpose of this legislation is to make available for home sites. a tract of approximately 12 acres of land, now designated as public lands, on the island of Maui, Territory of Hawaii. The tract in question is under cultivation as sugar land at the present time. Congressional approval is necessary in order to withdraw it from such use and place it under the jurisdiction of the Hawaiian Homes Commission. No expenditure of Federal funds is necessary. This land is located about 2 miles from the town of Wailuku. An acute housing shortage in the vicinity compels many persons employed there to reside as far as 16 or 17 miles away. It is estimated that approximately 30 families can be provided home sites through the enactment of this bill. H. R. 3633 gives full recognition to the terms of the existing lease held by the sugar growers. In Senate concurrent resolution No. 28 of the Territorial legislature, the Congress is memorialized to enact this legislation. Witnesses from the Territory of Hawaii stated before a subcommittee of the Committee on Public Lands that there is no known opposition to H. R. 3633. The bill has been amended by the committee to correct a typographical error. H. R. 3633 is further explained in the favorable report of the Department of the Interior dated June 23, 1947, which is set forth below. Enactment of this legislation is unanimously recommended by the Committee on Public Lands. Hon. RICHARD J. WELCH, THE SECRETARY OF THE INTERIOR, Chairman, Committee on Public Lands, House of Representatives. The proposed legislation would withdraw a parcel of about 12 acres from the public lands of the Territory of Hawaii and add it to the jurisdiction of the Hawaiian Homes Commission for use as home sites. The action of Congress is necessary since the land is sugar land, presently under lease and being cultivated, and section 203 of the Hawaiian Homes Commission Act (42 Stat. 109, 48 U. S. C., sec. 697) expressly excludes all cultivated sugar lands from lands available for home sites. I recommend that the bill receive favorable consideration by your committee. H. R. 3633 is virtually identical with H. R. 3656, of the Seventy-ninth Congress. The transfer of the land covered by the bill was recommended by joint resolution 6 of the Legislature of Hawaii, approved April 28, 1945. The parcel lies about 2 miles from the town of Wailuku, and if made available as home lands, would permit persons employed in the town to live within a few miles of their place of work, instead of some 16 or 17 miles away, where they must now live. The scarcity of land suitable for home sites is one of Hawaii's most acute problems. and was the subject of considerable discussion at the statehood hearings held in Hawaii during 1945 by a subcommittee of the Territories Committee of the House of Representatives (Statehood for Hawaii, Hearings Before the Subcommittee of the Committee on the Territories, 79th Cong., 2d sess., pp. 268-275). There was specific reference in the testimony to the fact that there are Hawaiian Homes Commission settlements on the island of Maui, where this property is located, and to a plan to provide home lots for approximately 120 Hawaiians on the site, for which water would be made available by the county of Maui, if legislation such as the bill before you were enacted. It is my opinion that the Congress should assist the Legislature of Hawaii in its attempt to meet the problem raised by the insufficiency of land available for home sites by lifting the prohibition of the Hawaiian Homes Commission Act as to use of sugar lands, with respect to the area covered by H. R. 3633. Your attention is called to a typographical error on page 1, line 11, of the bill The word "a" should be inserted between the words "being" and "portion" in that line. In view of the imminent consideration of H. R. 3633 by your committee, this report has not been submitted to the Bureau of the Budget for its considerstion. Therefore, I am unable to state the relationship of the views expressed herein to the program of the President. Sincerely yours, J. A. KRUG, Secretary of the Interior. Pursuant to the provisions of clause 2a, rule XIII, of the Rules of the House of Representatives, proposed changes in existing law are indicated below with the matter proposed to be omitted in black brackets and the new matter proposed to be inserted in italics: To section 203 of the Hawaiian Homes Commission Act of July 9, 1921 (42 Stat. 109; 48 U. S. C. 697) as amended, designating certain public lands as available home lands, add the following: Wailuku, Maui: That parcel of government land, situate in the District of Wailuku, island and county of Maui, comprising twelve and four hundred and fifty-five onethousandths acres of the Ili of Kou and being a portion of the land covered by General Lease Numbered 2286 to Wailuku Sugar Company, Limited, notwithstanding the fact that said parcel is cultivated sugarcane land, subject, however, to the terms of said lease. O |