JUNE 11 (legislative day, MAY 28), 1940.-Ordered to be printed

Mr. ASHURST, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany S. 3931]

The Committee on Indian Affairs, to whom was referred the bill (S. 3931) authorizing the acquisition of Indian lands in Arizona and California for the Parker Dam and Reservoir project, having had same under consideration, report thereon with the recommendation that it do pass with the following amendments:

On page 2, lines 3 and 4, strike out the words "deposited in the Treasury of the United States" and insert in lieu thereof the following words: "paid to the Secretary of the Interior".

On page 2, lines 6 and 7, strike out the following words and figures "pursuant to the provisions of the act of May 17, 1926 (44 Stat. 560), and".

On page 2, line 11, change the first comma to a period and strike out the words "and shall be credited," and begin the word "in" with a capital letter.

On page 2, line 12, strike out the first comma and insert in lieu thereof the words "the amount due" and insert a comma after the word "tribe" and strike out the words "and, in the".

On page 2, strike out all of lines 13, 14, 15, and 16, and insert in lieu thereof the following:

shall be deposited by the said Secretary in the Treasury of the United States, pursuant to the provisions of the Act of May 17, 1926 (44 Stat. 560), as amended. The amounts due individual allottees, their heirs, or devisees shall be deposited by the said Secretary to the credit of the Superintendent of the Colorado River Indian Agency, or such other officer as shall be designated by the Secretary, for the credit on the books of the said agency to the accounts of the individual Indians concerned.

On page 2, line 17, strike out the word "held" and insert in lieu thereof the word "deposited" and insert a comma after the word "Allottees"; strike out the word "or" and insert in lieu thereof the word "their"; insert a comma after the word "heirs" and add the words "or devisees".

On page 2, strike out all of lines 18, 19, and 20.

On page 2, line 21, strike out the word "funds".

On page 2, line 24, insert a comma after the word "Allottees", change the word "or" to "their", and after the word "heirs" insert a comma and the words "or devisees".

After the receipt of this bill by your committee, it was referred to the Secretary of the Interior for further consideration and report, and thereafter, on June 10, 1940, he submitted his report, which report contained a suggestion that the bill be amended as herein recommended.

A full explanation of the purpose of this proposed legislation is contained in the said report of the Secretary of the Interior, dated June 10, 1940, a copy of which is attached hereto and made a part of this report, as follows: DEPARTMENT OF THE INTERIOR, Washington, June 10, 1940.

Hon. ELMER THOMAS,

Chairman, Senate Committee on Indian Affairs,

United States Senate.

MY DEAR SENATOR THOMAS: I have received your letter of May 8 requesting a report on S. 3931, a bill for the acquisition of Indian lands for the Parker Dam and Reservoir project, and for other purposes.

I recommend that the proposed legislation be enacted subject, however, to the following amendments:

1. In lines 3 and 4, page 2, section 2, delete the words "deposited in the Treasury of the United States" and substitute therefor the words "paid to the Secretary of the Interior."

2. In lines 6 and 7, page 2, section 2, delete the words "pursuant to the provisions of the act of May 17, 1926 (44 Stat. 560), and".

3. In line 11, page 2, section 2, delete the comma after the word "California" and substitute therefor a period; strike out the words "and shall be credited"; begin the word "in" with a capital letter.

4. In line 12, page 2, section 2, delete the comma after the word "lands"; insert the words "the amount due"; insert a comma after the word "tribe"; strike out the words "and, in the".

5. Delete lines 13, 14, 15, and 16 on page 2, section 2, and substitute therefor the following: "shall be deposited by the said Secretary in the Treasury of the United States, pursuant to the provisions of the Act of May 17, 1926 (44 Stat. 560), as amended. The amounts due individual allottees, their heirs, or devisees shall be deposited by the said Secretary to the credit of the Superintendent of the Colorado River Indian Agency, or such other officer as shall be designated by the Secretary, for the credit on the books of the said agency to the accounts of the individual Indians concerned."

6. In line 17, page 2, section 3, delete the word "held" and substitute therefor the word "deposited"; add a comma after the word "allottees"; strike out the word "or" and insert the word "their"; add a comma after the word "heirs" and insert the words "or devisees".

7. Delete lines 18, 19, and 20 on page 2, section 3.

8. In line 21, page 2, section 3, delete the word "funds."

9. In line 24, page 2, section 3, add a comma after the word "allottees"; strike out the word "or" and substitute therefor the word "their"; add a comma after the word "heirs" and insert the words "or devisees."

The amendments herein suggested are similar to the amendments suggested by the Director, Bureau of the Budget, in connection with a similar bill relating to the acquisition of Indian lands for the Grand Coulee Dam and Reservoir.

The construction of the Parker Dam will cause the reservoir created by the dam to flood certain lands within the Fort Mohave Indian Reservation in Arizona and the Chemehuevi Reservation in California. The lands flooded will include tribal lands and lands which have been allotted to individual Indians but have not been conveyed to the allottees with full power of alienation.

S. 3931, if enacted into law by the Congress as amended, will grant to the United States the right, title, and interest of the Indians in and to such lands and will provide a method for compensating the Indians for their interests in the lands. It will authorize the Secretary of the Interior to determine the amount of

money to be paid to the Indians as just and equitable compensation for the rights granted. Since the cost of acquiring these lands is to be borne by the Metropolitan Water District of Southern California, the legislation will require that such amount of money shall be paid to the Secretary of the Interior by the Metropolitan Water District of Southern California and be credited, in the case of tribal lands, to the appropriate tribe and, in the case of allotted lands, the amounts due individual landowners or their heirs or devisees would be deposited by the Secretary of the Interior to the credit of the superintendent of the Colorado River Indian Agency, or such other officer as the Secretary might designate, for the credit on the books of said agency to the accounts of the individual Indians concerned. Finally, the proposed legislation would permit the funds so held to the credit of the allottees, their heirs, or devisees to be used, in the discretion of the Secretary of the Interior, for the acquisition of other lands and improvements now in Indian ownership, or for the construction of improvements for the allottees, their heirs, or devisees whose lands and improvements are acquired under the provisions of this bill. Lands so acquired would be held in the same status as those from which the funds were derived.

I believe that the proposed legislation would, if enacted, adequately protect the interests of the Indians and the interests of the United States in connection with the Parker Dam project.

The Director of the Bureau of the Budget advises that the proposed legislation would not be in conflict with the program of the President.