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Extension of Choctaw Termination Act (P.L. 90-476); H.R. 16086, Edmondson).

Tiwa Indians, Texas (P.L. 90-287; H.R. 10599, White).

Crow Creek and Lower Brule Land Taking (P.L. 90-414; S.J. Res. 157; H.J. Res. 1159, Berry).

Crow Creek and Lower Brule Land Taking (P.L. 90-393; S. 203; H.R. 15328, Berry).

Dolly McCovey Lieu Allotment (Private Law 90-326; H.R. 11782, Don H. Clausen).

The Pine Ridge Gunnery Range Act resolved a long standing problem involving conflicting requests for more than 200,000 acres of land within the Pine Ridge Indian Reservation that were acquired by the United States for a gunnery range during World War II, most of which are now excess to the needs of the Air Force. The act accommodates a variety of needs. The former Indian owners are allowed to repurchase their former lands, under favorable credit terms when they are declared excess, at the price originally paid by the United States plus interest-which is less than present market value. The tribe will get all of the excess gunnery range lands that are not repurchased by the former owners, subject to an easement for monument uses on the portion that is within the enlarged Badlands National Monument, and in return will give the National Park Service an easement for monument uses on the tribal lands that are within the enlarged monument and will give the Air Force title to the tribal land it is leasing.

The Act relating to the Palm Springs Indians amends a 1959 statute which provides for the appointment of guardians by the local California State court for the nontrust estate of each Palm Springs Indian who is a minor or who is an adult in need of assistance in handling his affairs. The guardianship program administered under the State court has been unreasonably costly to the Indian estates. Out of a total income to 84 estates over an 11-year period amounting to $10,860,038, fees awarded to guardians, conservators, and attorneys amounted to $1,524,990. Public Law 90-597 prohibits the appointment or continuance in office of a guardian without the consent of the Secretary of the Interior and gives the Secretary greater oversight responsibility for the guardianships that are allowed to function. It also completely divorces the guardian from the management or disposition of trust property, and prohibits the award of a fee out of the nontrust estate if the fee relates to a service performed with respect to trust property. The same provisions apply to conservatorships for Palm Springs Indians that are established under State law.

The act relating to Navajo Indians in San Juan County, Utah, amends a 1933 statute which earmarks 371⁄21⁄2 percent of the oil and gas revenues from tribal land in that county for the benefit of the Navajo Indians living on the lands. The amendment broadens the purposes for which the money may be used to include all purposes related to the general welfare of the Indians, enlarges the group of Navajos who can participate, and provides for closer relations with the State of Utah which has administrative responsibility for spending the money. Approximately $5 million has accumulated in the fund.

The Creek Act provides for escheat to the Creek Nation of (1) any per capita funds that cannot be distributed to Loyal Creek members, and (2) the trust or restricted property of any Creek Indian who dies intestate and without heirs.

The Choctaw Act extends for 2 years the time for disposing of the remaining property of the Choctaw Tribe and terminating Federal supervision. The additional time is needed primarily to complete some pending litigation.

The Tiwa Act recognizes the Tiwa people of the Pueblo of Ysleta del Sur in El Paso County, Tex., as a band of American Indians, and transfers to the State of Texas any responsibility the United States may have for them.

The two Crow Creek and Lower Brule Acts clarify and modify a 1962 legislative taking of Indian lands for the Big Bend Dam and Reservoir project of the Corps of Engineers. The acts permit the statutory purchase price to be paid to non-Indians who owned undivided interests in the Indian land, and they extend the time for seeking a judicial determination of just compensation by a person who is dissatisfied with the purchase price offered.

The Dolly McCovey Act permits the heirs of Dolly McCovey to relinquish an allotment made to her on the Hoopa extension, Čalifornia, and to make a lieu selection. The title to the original allotment is clouded by an erroneous survey which creates a conflict with other allotments.

OTHER LEGISLATION CONSIDERED

Although not enacted, six other bills were considered by the subcommittee. Five of them were not reported because of the need for further consideration. The sixth was reported and passed by the House, but was not passed by the Senate.

The bill reported by the full committee and passed by the House, but not passed by the Senate was H.R. 3306, by Congressman Haley. It would have given to the Taos Pueblo 48,000 acres of land which were taken from the Indians without compensation by Executive order of the President in 1906, and which are now included in the Carson National Forest. The Pueblo has recovered a judgment against the United States for the value of the land, but the value has not yet been determined. The Pueblo prefers to have the land, rather than the money, because of its religious significance to the Indians.

A bill to settle Alaska native land claims (H.R. 17129, Aspinall; H.R. 15049, Pollock; H.R. 11213, Aspinall and Haley) was the subject of a hearing involving the aboriginal title of the natives, which has not been extinguished, with some exceptions. Legislation is needed to recognize some of the titles, and to extinguish and pay for others.

A bill to terminate Federal supervision over the Colville Indians, Washington (H.R. 3051, Foley; H.R. 1029 and H.R. 7566, Pelly) was the subject of a hearing. Similar bills were considered in the 89th Congress, but additional consideration is needed.

A far-reaching bill to provide for the economic development and management of the resources of Indians (H.R. 10560, Aspinall and Haley) was the subject of preliminary hearings.

A bill relating to the civil rights of Indians (S. 1843) was under consideration by the subcommittee when the substance of the bill was included in other legislation and enacted by the Congress without a hearing. A corrective bill (H.R. 16991, Aspinall, Haley, Morris, Rhodes, and Kyl; H.R. 17100, Saylor and Burton) was introduced, but further consideration of the subject will be necessary.

Bills to modify a 1946 statute limiting the inheritance of trust land on the Yakima Reservation (H.R. 7653, Ullman; H.R. 7177, May; H.R. 7178, May) were the subject of further hearings. Similar bills had been the subject of hearing in the 84th Congress and each of the succeeding Congresses, but Indian views on the subject were, and still remain, sharply divided.

MINES AND MINING

The Subcommittee on Mines and Mining has jurisdiction over mining interests generally, with particular reference to the mineral resources of the public lands, the mineral land laws, and claims and entries thereunder, the Geological Survey, mining schools and experimental stations, and petroleum conservation on the public and other Federal lands of the United States.

During the 90th Congress, 89 measures were referred to the subcommittee. Of these 12 were reported to the full committee, all of which were reported to the House. Seven were enacted by the 90th Congress. The subcommittee met 24 times in Washington, D.C., to consider legislation and to hear testimony concerning the future of the domestic mining industry and the impact of the mandatory oil import program upon the domestic petroleum industry. In addition, the subcommittee's continuing interest in the domestic lead-zinc industry led to its participation in an advisory capacity to the U.S. delegation in the International Lead-Zinc Study Group at Geneva, Switzerland in 1967.

PRIVATE LEGISLATION FOR THE REINSTATEMENT OF OIL AND GAS LEASES

The committee was again faced with the recurring problem involving the automatic termination of Federal oil and gas leases due to the failure of the lessee to make timely payment of the full amount of the rental as provided for in section 31 of the act of February 25, 1920, as amended by the act of July 29, 1954 (30 U.S.C. 188).

Although general legislation was proposed and acted upon by the House to remedy the existing situation, Senate conferees were not appointed by that body to resolve differences between the House and Senate measures. Consequently, private relief legislation continued to be necessary and, accordingly, five private laws were enacted for the reinstatement of Federal oil and gas leases. These are:

Private Law 90-127; S. 1678; H.R. 9828, Montgomery of Mis sissippi.

Authorizes the Secretary of the Interior to receive, consider, and act upon any petition of American Petrofino Co. of Texas and James W. Harris, for reinstatement of U.S. oil and gas lease Mississippi 030263.

Private Law 90-327; H.R. 16880, Edmondson.

Authorizes the Secretary of the Interior to consider a petition for the reinstatement of Federal oil and gas leases (BLM-A-068348 and BLM-A-068348 (C)), submitted by Philips Petroleum Co and David Miller.

Private Law 90-292; S. 102; H.R. 7515, Lloyd of Utah.

Authorizes the Secretary of the Interior to consider a petition for reinstatement of Federal oil and gas lease Wyoming 0310090

submitted by Paul T. Walton, Thomas F. Kearns, and Jerome B. Guinand.

Private Law 90-293; S. 443.

Authorizes the Secretary of the Interior to consider a petition for the reinstatement of Federal oil and gas lease Wyoming 0280122, submitted by the Mountain Fuel Supply Co.

Private Law 90–294; S. 823; H.R. 1936, Cohelan; H.R. 9460, Morris.

Authorizes the Secretary of the Interior to consider a petition for reinstatement of Federal oil and gas lease Las Cruces 063610, submitted by Elwyn C. Hale.

GENERAL LEGISLATION

One measure of general significance was considered by the committee and enacted by Congress. It was:

Extension of the Mining Claim Occupany Act (P.L. 90-111; S. 2121; H.R. 10583, Baring; H.R. 10744, Johnson of California; and H.R. 11603, Berry).

This act extended the provisions of the act of October 23, 1962, which relates to the relief for occupants of certain unpatented mining claims, to June 30, 1971. Absent Public Law 90-111, the relief provision of the 1962 act would have expired October 23, 1967.

MISCELLANEOUS

Public Law 90–138; H.R. 5091, Pettis.

This act amends Public Law 87-752 (78 Stat. 749) by eliminating the requirement for a reservation of certain mineral rights to the United States. Public Law 87-752 directed the Secretary of the Interior to convey certain public lands to the city of Needles, Calif., but reserved to the United States all minerals which are subject to the Mineral Leasing Act. The present act eliminates that mineral reservation upon payment of the fair market value of the minerals, if any, by the city of Needles.

OTHER LEGISLATION CONSIDERED

The following three measures, recommended by the committee and approved by the House were not approved by the Senate. These were:

A bill (H.R. 6602, Haley) to authorize the Secretary of the Interior to convey to the present record owner of the surface the reserved phosphate interests of the United States in 2.96 acres of land in Florida upon payment of the fair market value of the phosphate, if any, plus the administrative costs.

A bill (H.R. 6716, Haley) similar in purpose and intent to H.R. 6602 above, involving the reserved phosphate interests in 41.6 acres of land in Florida.

A bill (H.R. 9085, Haley) again similar in purpose and intent to H.R. 6602 and H.R. 6716 above, but involving the reserved phosphate interests in 160 acres of land in Florida.

One additional measure was recommended by the committee and passed by the House, but conferees were not appointed by the

Senate to resolve the differences between the House and Senate versions of the measure. It was:

A bill (S. 1367; H.R. 7915, Saylor; H.R. 7940, Edmondson) providing for the filing of petitions for the reinstatement of Federal oil and gas leases automatically terminated for failure to make timely payment of the full rental due under the lease in circumstances where such failure was unintentional, inadvertent or not due to lack of good faith on the part of the lessee.

Of the following two measures, the first was considered by the committee and reported to the House, and the second was considered by the subcommittee but final action was not completed. These are:

A bill (H.R. 3274, Aspinall; H.R. 742, Johnson of California; H.R. 3042, Berry; H.R. 3275, Baring; H.R. 3951, Dent; H.R. 4250, Leggett; H.R. 5344, Olsen; H.R. 5418, Foley; H.R. 8803, Walker; H.R. 9899, Pollock; H.R. 10097, Steiger of Arizona), to preserve the domestic gold mining industry and to increase domestic gold production. This would have been accomplished by the creation of a Gold Mines Assistance Commission to authorize financial assistance to domestic gold producers by (1) helping maintain the rate of gold production from currently operating gold mines, (2) stimulating increased gold production through reopening closed or dormant gold mines, and (3) encouraging exploration for, and development of, new gold-producing operations.

A bill (H.R. 715, Hosmer; H.R. 3577, Baring; H.R. 4740, Johnson of California; H.R. 5283, Tunney; H.R. 5778, Matsunaga; H.R. 9583, Edmondson) to authorize the Secretary of the Interior to permit exploration and development of geothermal steam resources on the public lands under leases generally similar to public land leases issued for oil and gas under the Mineral Leasing Act. Essentially similar legislation was approved during the 89th Congress, but failed to receive Presidential approval.

LEGISLATIVE OVERSIGHT ACTIVITIES

The committee, pursuant to its responsibility for a continuing review and evaluation of programs relating to the well-being and stability of the domestic minerals industry, including the petroleum industry, held extensive hearings and issued a report on the operation of the mandatory oil import control program and its impact on the domestic minerals industry and the national security of this nation. It was the conclusion of the committee that the mandatory oil import program needed extensive revision and that it has deviated widely from the original purpose and intent of the program, i.e., the preservation of this Nation's national security by safeguarding and maintaining a vigorous and healthy domestic petroleum industry.

PUBLIC LANDS

The jurisdiction of the Subcommittee on Public Lands extends to the public lands generally, including forest reserves created from the public domain, and embraces all actions relative to such lands; for example, entries, disposals, easements, withdrawals, and grazing.

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