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[Public-No. 689-71st Congress]

(S. 5987]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Culbertson, Montana

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the times for commencing and completing the construction of a bridge across the Missouri River at or near Culbertson, Montana, authorized to be built by the State of Montana and the counties of Roosevelt and Richland, or any of them, by the act of Congress approved July 3, 1930, are hereby extended one and three years, respectively, from July 3, 1931. SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 20, 1931.

WAR DEPARTMENT, December 22, 1931. 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. 4695, 72d Cong., 1st sess.) to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Culbertson, Mont., if amended as indicated in red thereon.

PATRICK J. HURLEY,
Secretary of War.

Hon. SAM RAYBURN,

DEPARTMENT OF AGRICULTURE,
Washington, December 24, 1931.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. RAYBURN: Careful consideration has been given to the bill H. R. 4695, transmitted with your letter of December 16, with request for a report thereon and such views relative thereto as the department might desire to communicate.

This bill would extend for one and three years, respectively, from July 3, 1932, the times for commencing and completing the construction of a bridge across the Missouri River at or near Culbertson, Mont., authorized by act of Congress approved July 3, 1930, to be built by the State of Montana and the counties of Roosevelt and Richland, or any of them. The location indicated for the proposed bridge is on the system of Federal-aid highways approved for the State of Montana. Favorable action on the bill is recommended.

Sincerely yours,

R. W. DUNLAP, Acting Secretary.

о

1st Session

No. 51

TO REPEAL ACT SETTING ASIDE CERTAIN TRIBAL LAND WITHIN QUINAIELT INDIAN RESERVATION

JANUARY 14, 1932.-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. 7011]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 7011) to repeal the act of Congress approved May 31, 1924 (43 Stat. L. 247), entitled "An act to authorize the setting aside of certain tribal land within the Quinaielt Indian Reservation in Washington, for lighthouse purposes," having considered the same, report thereon with a recommendation that it do pass without amendment. This measure provides for restoration to the Quinaielt Indian Reservation of 43.20 acres of tribal land set aside for lighthouse purposes by the act of May 31, 1924 (43 Stat. L. 247). The Indians were to be compensated in a sum agreed upon by the Secretary of the Interior and the Secretary of Commerce. The Department of Commerce has never used the land and payment has not been made. There is no intention to use the area for lighthouse purposes in the future and the present bill proposes to again make the area available to the Indians by repeal of the act authorizing transfer.

After consideration of the proposal your committee believes the bill should be enacted into law.

The measure has the approval of both the Department of the Interior and the Department of Commerce as indicated by the following letter from the Secretary of the Interior:

DEPARTMENT OF THE INTERIOR,
Washington, December 18, 1981.

CHAIRMAN COMMITTEE ON INDIAN AFFAIRS,

House of Representatives.

MY DEAR MR. CHAIRMAN: There is transmitted herewith draft of a proposed bill to repeal in its entirety the act of May 31, 1924 (43 Stat. L. 247), entitled "An act to authorize the setting aside of certain tribal lands within the Quinaielt Indian Reservation in Washington, for lighthouse purposes."

Section 1 of the act of May 31, 1924, supra, authorized the Secretary of the Interior to set aside for lighthouse purposes lot 5, section 13, and lot 1, section 24,

township 21 north, range 13 west, Willamette Meridian, within the Quinaielt Indian Reservation, in Washington, containing a total of 43.2 acres. The Secretary of Commerce was to pay the Indians for the land from the appropriation for the general expenses of the Lighthouse Service for the fiscal year in which the reservation was made, the price to be determined by the Secretary of the Interior and the Secretary of Commerce. The funds were to be deposited in the Treasury of the United States to the credit of the Indians to be expended under the supervision of the Secretary of the Interior for their benefit. However, no payment has been made for the land. Section 2 of the act reserved the minerals, including oil, gas, and coal, to the Indians of the Quinaielt Reservation. By letter of October 2, 1931, the Acting Secretary of Commerce advised this department that the land had never been occupied by that department and that it is not now considered it will be needed for future use. He therefore recommended that the act of May 31, 1924, be repealed.

As the Department of Commerce does not desire the land and the Indians have never been paid therefor, it seems that repeal of the act of May 31, 1924 is entirely proper, especially as it will allow the land to be allotted to any qualified Indian of the reservation. It is therefore recommended that the inclosed draft of proposed legislation be given favorable consideration.

Very truly yours,

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RAY LYMAN WILBUR.

1st Session

No. 52

SALE OF PARTS OF A CEMETERY RESERVE, KIOWA, COMANCHE, AND APACHE INDIANS IN OKLAHOMA

JANUARY 14, 1932.-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. 7223]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 7223) to authorize the sale of parts of a cemetery reserve made for the Kiowa, Comanche, and Apache Indians in Oklahoma, having considered the same, report thereon with a recommendation that it do pass without amendment.

This measure provides for the issuance of a patent in fee for not to exceed 22 acres of land long used by white people as a burial ground but included in a tribal cemetery of the Kiowa, Comanche, and Apache Indians. This use by white people has had the assent of the Indians, and this bill provides that the patent shall be issued only to a cemetery association legally organized and only after payment to the Indians has been made in an amount not less than the appraised value of the land. It is also provided that unused portions of the tribal cemetery no longer needed by the Indians for burial or administrative purposes may be sold and the proceeds used for the beautifying, improvement, and management of the portions of the cemetery reserved for use of the Indians. To carry out this latter provision and provide for the proper use of the cemetery by the Indians, it is provided that each tribe shall be represented on the board of trustees by one of its full-blood members.

The measure has the approval of the Secretary of the Interior and the Commissioner of Indian Affairs, as is shown by the following report. It was also stated to the committee by the member of the House representing the district in which the area lies that it has the general approval of the Indians.

DEPARTMENT OF THE INTERIOR,

Washington, December 18, 1931.

CHAIRMAN COMMITTEE ON INDIAN AFFAIRS,

House of Representatives.

MY DEAR MR. CHAIRMAN: Accompanying this letter is a copy of a bill drafted in this department and submitted for your consideration, to authorize the Secretary of the Interior to cause to be issued a patent in fee for 2.5 acres of land to a cemetery organization which is to be formed by white citizens of the community. The small area involved has been used for many years, with the knowledge and assent of the Kiowa, Comanche, and Apache Indians, as a burial site for the white residents in the community. Recently there has been some protest by a few Indians against the continued use of the land for this purpose, but such protest seems unreasonable in view of the fact that the small acreage can be spared withou detriment to any Indian interests. It would cause unjustifiable expense in removal of the bodies buried there and it is believed that the community is entitle to a right to purchase and control the cemetery.

The S. 1⁄2 of SW. 4, sec. 23, T. 5 N., R. 12 W., I. M., in Oklahoma was set apart and reserved on the schedule of allotments for burial purposes for the Kiowa, Comanche, and Apache Indians, and is known as Cache Creek Indian Cemetery. The tract is within the diminished Kiowa, Comanche, and Apache Reservation. An accurate description will be obtained later of the 2.5 acres, title to which is to be granted the cemetery association. Approximately 10 acres near the center of the reserve have been used by the Indians for burial. They wish to retain, and possibly enlarge its boundaries somewhat, to plat it and beautify it, so that it will compare favorably with other well-kept cemeteries. The sale of parts of this eighty which may not be needed for burial or any other possible Indian use will furnish proceeds with which to accomplish the purposes of the Indians. Certain parts not within the cemetery inclosure have been leased from time to time and such use may be continued if found advisable.

The Indians further wish that their tribal cemetery be managed by a committee composed of one full-blood member from each of the three tribes. Their interest in this matter and their wish to make their tribal cemetery a place of beauty indicate a commendable attitude and it is the wish of this department to facilitate their purposes.

Very truly yours,

RAY LYMAN Wilbur.

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