The Committee on Indian Affairs, to whom was referred the bill (S. 2987), providing for the construction and equipment of a hospital upon the Blackfeet Indian Reservation in the State of Montana, having considered the same, report favorably thereon with a recommendation that the bill do pass without amendment. The report of the Secretary of the Interior is appended hereto and made a part of this report. DEPARTMENT OF THE INTERIOR, Hon. LYNN J. FRAZIER, Chairman Committee on Indian Affairs, United States Senate. MY DEAR MR. CHAIRMAN: In response to your request of January 16 for an opinion on S. 2987, which is a bill that would provide for the construction and equipment of a hospital upon the Blackfeet Indian Reservation in the State of Montana, I transmit herewith a memorandum on the subject that has been submitted by the Commissioner of Indian Affairs. After a review of the proposed measure, I agree with the commissioner. Memorandum for the Secretary. RAY LYMAN WILBUR, Secretary. DEPARTMENT OF THE INTERIOR, Reference is made to the request of the chairman Committee on Indian Affairs, United States Senate, for report on S. 2987, which would make an appropriation for the construction and equipment of a hospital on the Blackfeet Indian Reservation, Mont. There are 3,704 on the census roll of the Blackfeet Indians. The personnel carrying on the health work of this reservation consists of three whole-time physicians, two field nurses, and a dispensary nurse. The hospital, a frame structure, was constructed in 1912 at Blackfoot, Mont. In 1925 it was moved to its present site at Cut Bank which is 6 miles from the agency headquarters at Browning. It has a staff of four nurses, a cook, four attendants, and a laborer or utility man. The following is quoted from a report of the district medical director, dated October 9, 1930: "The hospital of 30-bed capacity located at the boarding school, some 6 miles from the agency, is an old dilapidated frame structure that has long outlived its usefulness. Its flimsy construction is entirely unsuited to the severe climate of Browning, and it has passed the stage where it is economical to spend any money on it for repairs. The capacity is too small to accommodate the potential patients from a population of 3,500 people. "In my opinion, this building should be condemned and a new 50-bed hospital erected at agency headquarters, nearer to the center of population and closer to railroad and freight facilities." The Blackfeet Indians are amendable to hospitalization and would no doubt patronize a well-equipped hospital to a much greater degree than they do the present inadequate facilities. A new, well arranged hospital of modern construction would be a very great improvement over the present institution. However, considered with the relation to hospital needs for other groups, there are jurisdictions practically without hospital facilities of any character. Others now utilizing converted buildings have, in a number of instances, considerably more inadequate facilities than exist on the Blackfeet Reservation. The foregoing is a presentation of the facts as they relate to the facilities on the Blackfeet Reservation, but attention is invited to the fact that specific authority of law for the construction of a hospital at this or any other jurisdiction is not necessary in view of the provisions of the Snyder Act, approved November 2, 1921 (U. S. C., title 25, sec. 13, p. 690), which authorizes appropriations for the Indian Service, including such appropriations as may be necessary from time to time for the relief of distress and conservation of health among Indians. An act specifically authorizing construction at a given point may necessitate the postponement of new construction or replacement at some other point where the need is more urgent. We must consider, in the order of priority, the needs of the service as a whole, giving special attention to Indian groups who are not now provided with hospital or medical facilities. While we are sympathetic to the needs on the Blackfeet Reservation, in view of the foregoing, we are unable at this time to recommend the enactment of S. 2987. C. J. RHOADS, Commissioner. 72D CONGRESS 1st Session } SENATE { REPORT No. 267 ACQUISITION, EXCHANGE, TRANSFER, AND SALE OF REAL ESTATE, WAR DEPARTMENT FEBRUARY 17 (calendar day, FEBRUARY 19), 1932.-Ordered to be printed. Mr. REED, from the Committee on Military Affairs, submitted the following REPORT [To accompany S. 3547] The Committee on Military Affairs, to which was referred the bill (S. 3547) to authorize the Secretary of War to acquire, exchange, transfer, and sell certain tracts of real estate, and for other purposes, having considered the same, reports favorably thereon with the recommend ation that it do pass, amended as follows: Page 4, lines 15 and 16, strike out "National Capital Park and Planning Commission" and insert in lieu thereof "Director of Public Buildings and Public Parks of the National Capital." Page 4, line 18, strike out the words "said commission" at the beginning of the line and insert in lieu thereof "the National Capital Park and Planning Commission." Page 4, line 21, strike out the words "chairman of" and the word "commission," and in lieu of the word "commission" insert "Director of Public Buildings and Public Parks." Page 4, line 25, strike out the entire line and insert in lieu thereof "Director of Public Buildings and Public Parks." The amendments are made at the request of the National Capital Park and Planning Commission, to prevent any misinterpretation of the act as to what authority is to act thereunder. This bill was suggested by the Secretary of War, and his letter to the chairman of the Senate Committee on Military Affairs, explaining the various sections of the bill, is made a part of this report and reads as follows: Hon. DAVID A. REED, Chairman Committee on Military Affairs, United States Senate. FEBRUARY 4, 1932. DEAR SENATOR REED: There is inclosed a draft of a bill to authorize the Secretary of War to acquire, exchange, transfer, and sell certain tracts of real estate, and for other purposes, which the War Department presents for the consideration of Congress with a view to its enactment. The following is an explanation of the purposes of the proposed bill by sections: The first section provides a short title for convenience of citation. SEC. 2. By the act of March 3, 1931, the acquisition of about 1,500 acres additional land for the Military Academy reservation was authorized. Included in this project are about 335 acres of land now owned by the State of New York. The State legislature has passed an act authorizing the exchange of this tract for another tract of about 300 acres now comprising a portion of the West Point Military Reservation, and which it is not essential to retain. The War Department therefore desires authority to effect the exchange. There is located upon certain other lands which the War Department desires to acquire in this connection, an iron mine which is still productive. The continued operation of this mine will not interfere with the use of the land for military purposes. The land can be acquired, subject to the rights of the mine owners, for a much less sum than would be required if the mining rights were extinguished. The act of March 3, 1931, does not authorize the acquisition of anything less than the fee simple title. In order to authorize the exchange of lands with the State of New York, and the acquisition of other lands subject to easements which will not interfere with the intended use of the property by the Government, the amendment to the act of March 3, 1931, set forth in section 2 of the proposed bill is desired. Section 3 would authorize certain exchanges of lands, which are desirable for the following reasons: (a) Randolph Field consists of approximately 2,318 acres of land and was donated to the Government without cost by the citizens of San Antonio. The citizens of San Antonio in acquiring title to the land of Randolph Field were unsuccessful in securing at a reasonable price a piece of land which projected into the reservation at the northeast side, near the sewage disposal plant. This projection of land is undesirable and its elimination will shorten the boundary line of the field and considerably improve the layout. The owners of the property which projects into the field, Robert E. and Clara Shertz, are agreeable to change the boundary line as suggested by the officer in command of the flying field, and will give title to this land provided that conveyance will be made to them of an equal area of land now owned by the Government and not required as part of Randolph Field. (b) The Philippine Government has for some years been desirous of obtaining Fort San Pedro and Warwick Barracks, Cebu, which are desired for the port development of Cebu. These two posts are not now required for military purposes, and the War Department desires authority to exchange them for other lands more advantageously located. There are certain tracts at San Jose, on the island of Mindoro, and at Fort San Pedro, Iloilo, on the island of Panay, which are desirable for use as landing fields for the Air Corps. These lands are privately owned and comprise about 39 acres adjacent to the military reservation at Fort San Pedro, Iloilo, and about 368 acres at San Jose, Mindoro. The Philippine Legislature has passed an act authorizing the acquisition of these lands by the Philippine Government for the purpose of effecting an exchange for Fort San Pedro, and Warwick Barracks at Cebu. The value of these two posts is considerably more than that of the two privately owned tracts above referred to, and the Philippine Government has agreed that the difference in value due the United States in this transfer shall stand as a credit in favor of the United States to be offset and discharged by future transfers of land by the Philippine Government to the United States, as the need may arise. The Navy has certain wharfage rights at Cebu which will be safeguarded by the last proviso of this subsection. The Navy Department advises that it has no objection to the proposal as submitted. (c) The Louisville and Jeffersonville Bridge & Railroad Co. owns certain land in connection with its terminal facilities at Jeffersonville, Ind., which the War Department desires to acquire as an addition to the Jeffersonville quartermaster depot reservation. The railroad proposes to exchange this land for a strip of Government-owned land abutting on their property farther to the northeast. The railroad land which the Government desires to acquire is practically surrounded by the depot reservation. The land which the railroad desires is on the outskirts of the reservation and is not needed by the Government. It constitutes a small portion of a large tract which was acquired several years ago. The proposed exchange will be of material advantage to both the railroad and the Government. It will give the railroad company another site for its activities, and thus materially reduce the cost of acquisition of the railroad land which the Government requires. There are sufficient funds already available to cover the cost of this proposed transaction. (d)In connection with the development of Bolling Field, D. C., and the public park projects in that vicinity, it is desirable to effect certain exchanges of land between the War Department, the National Capital Park and Planning Commission, and the Commissioners of the District of Columbia. The proposed exchanges are indicated upon blue print inclosed herewith. This proposed legislation has been submitted to the District authorities and the National Capital Park and Planning Commission, and meets with their approval. No additional expense is involved. Section 4: The purpose of this section is to authorize the Secretary of War to dispose of the remaining portion of Camp Taylor, Ky., approximately 30 acres. The bulk of this reservation was disposed of under the act of February 28, 1920 (41 Stat. 453, 454). By the act of February 20, 1931 (Public No. 692, 71st Cong.), the remaining portion was authorized to be sold at public auction, for cash, at not less than the appraised value. Such sales was held on June 24, 1931. It was widely advertised and a large number of people were present, but owing to the suspension or failure of certain local financial institutions very few were in a position to pay cash and no bids were received. No difficulty should be experienced in disposing of this property at its appraised value provided purchasers can be given time to complete payment therefor. The legislation here proposed would authorize the Secretary of War to have a new appraisal made and sell the property at not less than the appraised value "upon such terms and conditions as he deems advisable." Section 5: Under the act of March 4, 1923 (42 Stat. 1450), the State of Maine acquired title from the United States to the Fort McClary Reservation in Kittery, Me. In connection with this reservation there is a tract consisting of 1.87 acres which was ceded to the United States in 1808 by the General Court of Massachusetts for the sole purpose of erecting fortifications thereon for the defense of the United States. This tract is no longer required for military purposes, but as the matter now stands the United States has no title which it can convey. The bulk of this reservation, 25.67 acres, was acquired by the State of Maine under the act of March 4, 1923, above cited, and the purpose of this section is to transfer title to the remaining 1.87 acres to said State. SEC. 6. Under existing law (44 Stat. 562) the Secretary of War is authorized to grant, under such terms and conditions as he deems advisable, easements for rights of way across military reservations and other lands under his control for "gas, water, and sewer pipe lines," provided that such rights of way are in the public interest and will not substantially injure the interest of the United States in the property affected. All such grants are required to be included in the annual report of the Secretary of War. They may be canceled at any time for failure to comply with the conditions of the grant or for nonuse or abandonment. From time to time applications are received for rights of way for oil and gasoline pipe lines, for the granting of which no authority exists under the general law. The purpose of this section is to extend the application of the existing law to include oil and gasoline pipe lines. SEC. 7. The purpose of this section is to authorize an appropriation of $5,000 to clear the title of the United States to Chapman Field, Fla. Several tracts lying about 10 miles from Miami, Fla., were leased in 1918 for the establishment of an aerial gunnery school. One of the reasons for the selection of the site was the existence along the easterly edge of the property of low, swamp, and tide lands suitable for aerial gunnery and bombing. The area now claimed by the United States was purchased in 1920 under authority of the act of February 28, 1920 (41 Stat. 453), in the exercise of options contained in the leases. The cost of this acquisition was $71,500. By the act of March 4, 1923 (42 Stat. 1450, 1451), Congress authorized the sale of the property. The land was offered for sale on November 5, 1925, and a bid of $2,836,560 was received and accepted. A deposit of $425,000 was made by the successful bidder. Early in 1926, however, the bidder brought to the attention of the United States the fact that subsequent to the purchase of the property the trustees of the internal improvement fund of the State of Florida had given to private interests a conveyance of a large area along the coast of Biscayne Bay; that this conveyance included shore lands and other lands lying eastwardly from the meander line of the Government survey of 1847, and that the Interior Department had made a resurvey of the lands in that vicinity in which certain allegedly omitted lands and islands lying eastwardly of the said meander line were shown. On the basis of this survey various entries were made under the land laws of the United States. The effect of the trustees' conveyance and of the resurvey was so to cloud the title of the United States to the shore east of the 1847 meander line and to lands lying between that line and the open waters of Biscayne Bay |