the land. Under the provisions of the bill the Yankton Sioux Tribe would receive additional payments in an amount in excess of 80 percent of that paid by the United States as just compensation for their property. It also appears that the other Indian beneficiaries of the bill would receive similar treatment. In view of the foregoing it would seem that if the Indian beneficiaries of the bill are in need of financial assistance or other means of rehabilitation such assistance or rehabilitation should be provided on that basis alone in separate legislation rather than on the basis in effect of making the necessary acquisitions by the United States dependent upon the payment of compensation over and above the compensation determined to be just under the Constitution. Therefore, whatever policy should be adopted with respect to the general problems arising in connection with acquiring large areas from Indian tribes, this Department is unable to recommend enactment of the bill in its present form because it would serve as an undesirable precedent with respect to the acquisition of property by the United States. Furthermore, the provisions of sections 3 and 4 of the bill are faulty. Section 3 provides that on rejection by any individual Indian of the compensation specified in the contract, proceedings shall be "instituted for such purpose by the Department of the Army in the United States district court in the district in which the land is situated.' While it is the view of the Department of Justice that the quoted language would not prevent the Attorney General from handling in accordance with existing law all legal proceedings arising under the bill, in the event the committee feels that the quoted language might not be so construed, it may wish to provide more specific language to the effect that such proceedings shall be requested by the Department of the Army and handled by the Attorney General in accordance with existing law. Under the provisions of section 4 of the bill it would appear that the Secretary of the Interior and the Chief of Engineers would be given the exclusive right of preparing the appraisals therein described. This would seem to prevent consideration of other appraisals and might place an undue limitation on the negotiations. Moreover, if proceedings are instituted for the determination of just compensation this provision might raise a question concerning the consideration of any other appraisals by the court. It would seem clear that in any such proceedings the normal methods of making appraisals and presenting evidence of fair valuation in court should be permitted. In the event the bill is to receive favorable consideration, it is also suggested that section 2 (d) which requires that the contract shall "provide" for the final and complete settlement of all claims by the tribe and its members against the United States arising because of the construction of the project, be amended to read: "(d) State that the payments authorized to be made shall be in full and complete settlement of all claims by the tribe and its members against the United States arising because of the construction of the Fort Randall project." This amendment is suggested so as to make clear, as is evidently intended, that the contract itself shall constitute a full and complete settlement and not "provide" for such a settlement in some other way. The Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely, Hon. HUGH BUTLER, WILLIAM P. ROGERS, Chairman, Committee on Interior and Insular Affairs, United States Senate, Washington 25, D. C. MAY 27, 1954: MY DEAR MR. CHAIRMAN: Reference is made to your request for the views of this Bureau concerning H. R. 2231, to authorize the negotiation and ratification of separate settlements contracts with the Sioux Indians of the Lower Brule and the Crow Creek Reservations in South Dakota for Indian lands and rights acquired by the United States for the Fort Randall Dam and Reservoir, Missouri River development, to authorize a transfer of funds from the Secretary of Defense to the Secretary of the Interior and to authorize an appropriation for the removal from the taking area of the Fort Randall Dam and Reservoir, Missouri River development, and the reestablishment of the Indians of the Yankton Indian Reservation in South Dakota. This bill passed the House of Representatives on June 15, 1953. The first 7 sections of the bill relate to the interests of the Lower Brule and Crow Creek Reservations in South Dakota, and section 8 authorizes the transfer of $106,500 of construction funds for the Fort Randall Dam and Reservoir project available for the fiscal year 1953 to be transferred to the Secretary of the Interior for assisting the Yankton Sioux Tribe in becoming reestablished on lands acquired in lieu of lands relinquished for project benefits. The provisions of the first 7 sections of the bill follow closely the pattern of earlier enactments designed to extinguish Indian interests in lands required for major dams and reservoirs. In this connection see Public Law 870 of the 81st Congress relating to interests of the Cheyenne River and Standing Rock Sioux Indians in relation to the construction of Oahe Dam. In his report to the House Committee on Interior and Insular Affairs, the Secretary of the Army recommended that oil and gas rights only be reserved to the Indians rather than all mineral rights. This change was made in the bill as passed by the House. With respect to section 8 relating to the Yankton Tribe, the Secretary of the Army pointed out that no provision was made in the appropriation for the Fort Randall Dam and Reservoir for the fiscal year 1953 to pay to those Indians the sum of $106,500. He suggested that the section be revised to provide an authorization for an appropriation directly to the Secretary of the Interior. This suggestion was not adopted by the House committee. In a report which the Department of Justice will present to your committee the additional payment to the Yankton Sioux is discussed, and several amendments designed to perfect the text of the legislation are suggested. Subject to your consideration of the suggestions contained in the report of the Department of Justice, this Bureau would offer no objection to the enactment of this measure. Sincerely yours, DONALD R. BELCHER Assistant Director. О 83D CONGRESS 2d Session } SENATE { REPORT No. 1595 AUTHORIZING AND DIRECTING THE CONVEYANCE OF CERTAIN LANDS TO THE BOARD OF EDUCATION OF PRINCE GEORGES COUNTY, UPPER MARLBORO, MD. JUNE 14 (legislative day, JUNE 11), 1954.-Ordered to be printed Mr. PURTELL (for Mr. COOPER), from the Committee on Labor and Public Welfare, submitted the following REPORT [To accompany H. R. 4496] The Committee on Labor and Public Welfare, to whom was referred bill (H. R. 4496), to authorize and direct the conveyance of certain lands to the Board of Education of Prince Georges County, Upper Marlboro, Md., so as to permit the construction of public educational facilities urgently required as a result of increased defense and other essential Federal activities in the District of Columbia and its environs, having considered the same, reports favorably thereon with amendment and recommends that the bill do pass. The amendment is as follows: Page 2, line 12, after the word "American", insert "(a) all right, title, and interest in and to any and all oil, gas, hydrocarbons, minerals, or other ores, and source or fissionable materials and substance, together with the right to prospect for, mine, extract, and remove the same and (b)". PURPOSE OF THE BILL This bill authorizes and directs the Secretary of the Department of Health, Education, and Welfare to convey by quitclaim deed or other appropriate means, upon such terms and conditions as the Secretary may deem necessary, all right, title, and interest of the United States of America, in and to those portions of lot No. 3 and lot No. 4 of the Godding Croft property, located east of Indian Head Road, Maryland, and now under the control and jurisdiction of St. Elizabeths Hospital, which the Secretary shall determine to be needed and usable by the Board of Education of Prince Georges County for educational purposes. TERMS OF TRANSFER The Board of Education of Prince Georges County shall be required to pay a sum equal to the fair market value of the property to be transferred. The bill also directs that the conveyance shall reserve to the United States of America the option to revert title to the property so conveyed in the event the Secretary of Health, Education, and Welfare determines that the Board of Education of Prince Georges County, its successors, or assigns, fails to commence use of the said property for educational purposes within a reasonable time after the delivery of the instrument of conveyance, or thereafter fails for a period of 1 year to utilize the property for educational purposes. BACKGROUND The area proposed to be transferred to the Board of Education of Prince Georges County is a part of a tract of farming land which was acquired in 1891 for use by St. Elizabeths Hospital. It consists of 22.6 acres which has become separated from the main farm by the construction of Indian Head Road. It is accessible to the main farm by underpass. The land which this bill deals with is being used for farming activities in connection with food production and patient therapy by St. Elizabeths Hospital. For this reason, the Department of Health, Education, and Welfare, which favors the transfer, cannot find this particular area excess to the needs of St. Elizabeths Hospital and offers it for the use of other Federal agencies or for transfer under the provisions of section 203 (k) (1) of the Federal Property and Services Act of 1949 (63 Stat. 377). Special legislation, therefore, is needed. AMENDMENTS H. R. 4496, in the form in which it was passed by the House of Representatives, did not contain a provision reserving to the United States of America all right, title, and interest in any and all oil, gas hydrocarbons, minerals, or other ores and source or fissione ble materials and substance, together with the right to prospect for, mine for, and remove the same. It is the feeling of the committee that even though a fair market price is to be paid for the land and a restriction placed upon its use, mineral rights nevertheless should be reserved. to the United States. The committee did not believe it necessary to further amend the bill to provide that, es a condition to the conveyance, the Board of Education of Price Georges County be required to bear the expense in connection with providing surveys, plats, appraisals, and so forth. The committee assumes that the Department of Health, Education, and Welfare, in accordance with its usual practice, will require the Board of Education of Prince Georges County to provide, at its own expense, such surveys, plats, appraisals, and so forth, as may be necessary for its purposes as well as for the purposes of the Government of the United States. О Jun 14 (legislative day, JUNE 11), 1954.—Ordered to be printed Mr. PURTELL (for Mr. COOPER), from the Committee on Labor and Public Welfare, submitted the following REPORT [To accompany H. R. 9040] The Committee on Labor and Public Welfare, to whom was referred the bill (H. R. 9040) to authorize cooperative research in education, having considered the same, report favorably thereon with an amendment and recommend that the bill, as amended, do pass. The amendment is as follows: Strike out all after the enacting clause and insert the following: That (a) in order to enable the Office of Education more effectively to accomplish the purposes and to perform the duties for which it was originally established, the Commissioner of Education is authorized to enter into contracts or jointly financed cooperative arrangements with public and other nonprofit universities and colleges and State educational agencies for the conduct of research, surveys, and demonstrations in the field of education. (b) No contract or jointly financed cooperative arrangement shall be entered into under this section until the Commissioner of Education has obtained the advice and recommendations of educational research specialists who are competent to evaluate the proposals as to the soundness of their design, the possibilities of securing productive results, the adequacy of resources to conduct the proposed research, surveys, or demonstrations, and their relationship to other similar educational research already completed or in process. (c) The Commissioner of Education shall transmit to the Congress annually a report concerning the research, surveys, and demonstrations initiated under this Act, the recommendations made by research specialists pursuant to subsection (b), and any action taken with respect to such recommendations. SEC. 2. There are hereby authorized to be appropriated annually to the Office of Education, Department of Health, Education, and Welfare, such sums as the Congress determines to be necessary to carry out the purposes of this Act. PURPOSE OF THE BILL In order to strengthen educational services and facilities, this bill authorizes the Office of Education, Department of Health, Education, and Welfare, to make arrangements with universities, colleges and |