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Mr. Dale, from the Committee on Commerce, submitted the following

REPORT

[To accompany H. R. 11703]

The Committee on Commerce, to whom was referred the bill (H. R. 11703) granting the consent of Congress to the city of Olean, N. Y., to construct, maintain, and operate a free highway bridge across the Allegheny River at or near Olean, N. Y., having considered the same, report favorably thereon, and recommend that the bill do pass without amendment.

The bill has the approval of the Departments of War and Agriculture, as will appear by the annexed House of Representatives Report No. 1362, which is made a part of this report.

(House Report No. 1362, Seventy-first Congress, second session) The Committee on Inter ate and Foreign Commerce, to whom was referred the bill (H. R. 11703) granting the consent of Congress to the city of Olean, N. Y., to construct, maintain, and operate a free highway bridge across the Allegheny River, at or near Olean, N. Y., having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached.

War DEPARTMENT, April 22, 1930. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives.

So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration of the accompanying bill (H. R. 11703, 71st Cong., 2d sess.) granting the consent of Congress to the city of Olean, N. Y., to construct a free highway bridge across the Allegheny River at or near Olean, N. Y.

F. TRUBEE DAVISON,

Acing Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, April 29, 1980. Hon. JAMES S. PARKER, Chairman Committee on Interstate and Foreign Commerce,

House of Representatives. DEAR MR. PARKER: Careful consideration has been given to the bill, H. R. 11703, transmitted with your letter of April 17 with request for a report thereon and such views relative thereto as the department might desire to communicate.

This bill would authorize the city of Olean, N. Y., to construct, maintain, and operate a free highway bridge and approaches thereto across the Allegheny River at or near Olean, Cattaraugus County, State of New York. Favorable action on the bill is recommended. Sincerely,

R. W. DUNLAP, Acting Secretary. O

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Mr. STEIWER, from the Committee on Indian Affairs, submitted the

following

REPORT

[To accompany S. 3156)

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The Committee on Indian Affairs, to whom was referred the bill (S. 3156) to provide for the final enrollment of the Indians of the Klamath Indian Reservation, in the State of Oregon, after full consideration, reports the same favorably and recommends the passage of the bill with the following amendments:

On page 1, line 8, beginning with the word “Such", strike out the language down to and including the word "Act,” on page 2, line 6.

On page 2, line 25, strike out the word "funds” and substitute the word "property".

On page 3, line 5, beginning with the comma, strike out the language down to and including the word "notified,” in line 17, and insert in lieu thereof the following: ". In case the duly elected business committee of the Klamath Indian Reservation shall question the right of enrollment under this act of any person, they may communicate their objection of such enrollment to the Secretary of the Interior, and no name shall be finally enrolled by said Secretary in such case until he has fully determined said objection.”

On page 3, line 22, after “1910” insert the following: "but failed to receive an allotment of land”.

On page 3, line 24, beginning with the word "and", strike out the language down to and including the comma in line 25, and insert in lieu thereof the following: "shall at his or her election receive an allotment of agricultural or grazing land if available, or”.

On page 4, line 4, beginning with the word "In" strike out the language down to and including the word “Oregon", in line 7.

This bill is in keeping with the policy of Congress, by which, from time to time, final enrollment has been made of the various Indian tribes. It is especially important that a final enrollment should be

SR-71-2-VOL 2—37

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I made of the tribes on the Klamath Reservation, because there is, on

this reservation, tribal property of very considerable value, worth not less than twenty-five to thirty million dollars. Timber is being sold from the timbered area resulting in an accumulation of funds available for distribution to the members of the tribe, and it is thought the interests are too important to be handled on a temporary roll.

The amendments in sections 1, 2, and 3 are chiefly for the purpose of giving full and complete authority to the Secretary of the Interior, such authority to be exercised without interference from the business committee of the Indians.

The amendments in section 4 are made at the suggestion of the Commissioner of Indian Affairs, and should be agreed to in order to clarify the language of that section.

The committee incorporates as part of this report three communications, two from the Secretary of the Interior and one from the Commissioner of Indian Affairs, as follows:

DEPARTMENT OF THE INTERIOR,

Washington, March 9, 1929. Hon. LYNN J. FRAZIER, Chairman Committee on Indian Affairs,

United States Senate. MY DEAR SENATOR FRAZIER: This will refer further to your letter of February 11 transmitting, for report and recommendation, a copy of S. 5675 providing for the final enrollment of the Indians of the Klamath Reservation in the State of Oregon.

We consider it advisable that a final roll be made of the Indians of this reservation in accordance with the established policy of Congress, as in the case of the Osages and Five Civilized Tribes, in order to fix the number of shares into which the tribal property shall be ultimately divided, thereby obviating the complications which result from a roll that is constantly fluctuating by reason of successive births and deaths. However, several objections suggest themselves as to the bill in its present form. The provision beginning in line 8, at the bottom of page 1, to the effect that no names shall be placed on the roll without the approval of the tribal business committee or council, should be eliminated because, under the law, the Secretary of the Interior has the final administrative authority in such matters. The provision beginning in line 2, at the top of page 2, excluding Oklahoma Modocs unless they return to the Klamath Reservation is in conflict with the act of March 3, 1909 (36 Stat. L. 752), granting certain rights to Oklahoma Modocs then living. Unless it is the purpose of Congress to attempt to cut off the benefits conferred by this prior legislation, this provision of the proposed bill should be stricken out.

The first part of section 2 (lines 3 to 7 on p. 3) excluding enrolled members of other tribes is not necessary as this is now the established departmental practice under existing law and court decisions; and the remainder of this section is merely a repetition of the language in section 1 which requires the approval of the tribal business committee or council.

Section 3 providing that the business committee or tribal council shall transmit to the Secretary of the Interior a list of the members of the council involves only a matter of procedure which does not require legislative authority.

Under the circumstances it is recommended that all after the enacting clause be stricken out and the following substituted therefor:

“That the Secretary of the Interior be, and he is hereby, authorized and directed to prepare, as speedily as practicable and under such rules and regulations as he may prescribe, a complete roll of the Klamath, Modoc, and other Indians having rights on the Klamath Reservation in the State of Oregon and living on the date of this act; and no person born thereafter shall be entitled to enrollment. Upon completion and approval by the Secretary of the Interior such roll shall constitute the final membership of said tribes for the distribution of tribal funds or other property now existing or which may hereafter accrue and for all other purposes.

“Sec. 2. Any names found by the Secretary of the Interior to have been placed on said roll through fraud or error may be stricken therefrom within

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