83D CONGRESS 1st Session } SENATE { REPORT No. 722 ELIMINATING CERTAIN DISCRIMINATORY LEGISLATION AGAINST INDIANS IN THE UNITED STATES JULY 29 (legislative day, JULY 27), 1953.—Ordered to be printed Mr. BUTLER of Nebraska, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany H. R. 1055] The Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 1055) to eliminate certain discriminatory legislation against the Indians in the United States, having considered the same, report thereon with the recommendation that it do pass with the following amendments: On page 2, line 1, strike out the word "and" and insert in lieu thereof a comma and the following: "3113, 3488, and 3618" and insert a comma after the figures "1156". On page 2 strike out all of line 2. This bill has been considered by the Committee on Interior and Insular Affairs of the House; on July 13, 1953, that committee submitted its report (H. Rept. No. 775) to the House, recommending its passage, and on July 27, 1953, it passed the House. EXPLANATION OF THE BILL H. R. 1055, as amended, would repeal Federal statutes relating to sales of intoxicants to Indians and the introduction and possession of intoxicants in Indian country, providing such act or transaction is in conformity both with the laws of the State in which such act or transaction occurs and with ordinances duly adopted by tribes having jurisdiction over such area of Indian country. In other words, if this bill is enacted, a State or local municipality or Indian tribes, if they desire, by the enactment of proper legislation or ordinance, to restrict the sales of intoxicants to Indians, they may do so. As introduced, H. R. 1055 would have applied only to the State of Arizona. After extensive hearings by the House Committee on Interior and Insular Affairs, that committee recommended that H. R. 1055 be amended so as to make the provisions of the bill applicable generally rather than only in Arizona. Your committee is of the belief that all legislation discriminating against our Indian citizens should be abolished. Termination of the subjection of Indians to Federa! laws applicable only to Indians certainly appears to be desirable. The Indians for many years have complained that the liquor laws are most discriminatory in nature. The Indians feel that, irrespective of the merits or demerits of prohibition, it is unfair to legislate specif ically against them in this matter. Inasmuch as Indians are expected to assume the responsibilities of citizenship and serve in the Armed Forces on an equal basis with other Americans, your committee sees no reason for continuing legislation that is applicable only to Indian citizens. The favorable report on this proposed legislation is as follows: DEPARTMENT OF THE INTERIOR, Hon. A. L. MILLER, OFFICE OF THE SECRETARY, Chairman, Committee on Interior and Insular Affairs, MY DEAR MR. MILLER: Reference is made to your request for a report on H. R. 1055, a bill to terminate Federal discriminations against the Indians of Arizona. I recommend that the bill be enacted if amended in accordance with the advice that I have received as to the action that your committee proposes to take on the measure. Six statutes are defined in section 1 of the bill as "Federal laws discriminating against Indians." Two of the statutes relate to the sales of intoxicants to Indian and the introduction and possession of intoxicants in the Indian country. Two of the statutes relate to the purchase or pledge from an Indian within the Indian country of articles used in hunting, implements of husbandry, cooking utensi and clothing, and the sale of arms or ammunition in country occupied by hostie or uncivilized Indians. Two of the statutes relate to the sale or disposition of livestock issued to or purchased for Indians by the United States. The House of Representatives has already passed H. R. 3409, a bill, as amended, to terminate certain Federal restrictions against Indians. H. R. 3409 repeals or amends the same statutes as those dealt with in H. R 1055, except those relating to the sale of intoxicants to Indians and the introduction and possession of intoxicants in the Indian country. I am advised that, in view of the passage of H. R. 3409 by the House of Repre sentatives, your committee proposes to recommend that H. R. 1055 be amendes so that it deals only with the statutes relating to sales of intoxicants to Indiars and the introduction and possession of intoxicants in the Indian country I a also advised that your committee proposes to recommend that H. R. 1055 be amended so that it is of general application rather than restricted to Arizons I consider the laws which prohibit the sales of intoxicants to Indians as discriminatory and agree that these laws should be made inapplicable to transactions occurring outside of Indian country generally rather than only in Arizona. I also believe that the laws should be made inapplicable to transactions occurring with a the Indian country, but only if such transactions are in conformity with the ordinances of the tribes concerned and are not contrary to State law. Since I am informed that there is a particular urgency for the submission of the views of the Department, this report has not been cleared through the Bureau of the Budget and, therefore. no commitment can be made concerning the relation ship of the views expressed herein to the program of the President. Sincerely yours, CHANGES IN EXISTING LAW In compliance with subsection (4) of Rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): § 1160. Property damaged in committing offense. Whenever a white person, *** § 1161. Application of Indian liquor laws. The provisions of Sections 1154 and 1156 of this title, and Sections 3113, 3488, and 3618 of the Revised Statutes, shall not apply within any area that is not Indian country, nor to any act or transaction within any area of Indian country provided such act or transaction is in conformity both with the laws of the State in which such act or transaction occurs and with an ordinance duly adopted by the tribe having jurisdiction over such area of Indian country, certified by the Secretary of the Interior, and published in the Federal Register. ACT OF JUNE 4, 1920 (41 STAT. 751) [SEC. 9. That lands within said reservation, whether allotted, unallotted, or otherwise disposed of, shall be subject to all laws of the United States prohibiting the introduction of intoxicating liquors into the Indian country until otherwise provided by Congress.] O 83D CONGRESS 1st Session } SENATE { REPORT No. 723 FACILITATING THE MANAGEMENT OF THE NATIONAL PARK SYSTEM AND MISCELLANEOUS AREAS ADMINISTERED IN CONNECTION WITH THAT SYSTEM JULY 29 (legislative day, JULY 27), 1953.-Ordered to be printed Mr. BUTLER of Nebraska, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany H. R. 1524] The Senate Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 1524) to facilitate the management of the national park system and miscellaneous areas administered in connection with that system, and for other purposes, having considered the same, report favorably thereon with the following amendments, and with the recommendation that the bill, as amended, do pass. At page 1, line 6, after the word "authorized", strike out the comma and the words "notwithstanding any other provisions of law,". At page 2, line 3, strike out the words "aforesaid areas" and insert in lieu thereof the words "national park system and miscellaneous areas". At page 2, lines 6 and 7, strike out the words "administered by the National Park Service," and insert in lieu thereof the words "of the said national park system and miscellaneous areas,". At page 2, line 24, strike out the word "service" and insert in lieu thereof the word "services". At page 2, line 25, and page 3, line 1, strike out the words "areas administered by the National Park Service:" and insert in lieu thereof the words "national park system and miscellaneous areas:". At page 4, line 7, insert a period in lieu of the colon and strike out the proviso in lines 7, 8, and 9. At page 5, line 1, strike out the word "other" and insert in lieu thereof the word "miscellaneous". At page 5, line 11, strike out the word "natural" and insert in lieu thereof the word "national". |