described in the treaties which would belong to them had the treaties been ratified, and that by reason of the treaties having been rejected they received no consideration or compensation whatsoever for their lands. That act also provided that the amount of any judgment shall be placed in the Treasury of the United States to the credit of the Indians of California and shall be thereafter subject to appropriation by Congress for educational, health, industrial, and other purposes for the benefit of the said Indians, including the purchase of lands and building of homes. With respect to Alaska the situation is different. With the exceptions noted in the treaty of cession the title to all the lands embraced in the domain ceded was acquired by the United States. The rights of the natives in the lands occupied by them have consistently been safeguarded by Congress. These rights are respected and protected by applicable administrative regulations and likewise by the courts where cases have arisen through encroachment upon them. In view of the long-established policy, it seems clear that any actions based upon a general assertion of ownership on the part of the natives with respect to lands not actually occupied by them would be without foundation in law or fact, and the expenses incidental to pursuing this litigation would entail an unnecessary burden upon the natives not commensurate with any benefits they may hope to secure. Furthermore, the provision in the bill for the distribution of any moneys recovered among the natives per capita would be inconsistent with the plan adopted in the act affecting the Indians of California. As heretofore pointed out, Congress is contributing to the education and support of the Alaska natives as required and the necessity of creating a fund for this purpose, through moneys which may be recovered from litigating claims, is not apparent. After careful consideration of the matter, I perceive no need for the enactment of legislation proposed in S. 1196. This bill is identical with H. R. 5605, on which a similar report is being made. C. J. RHOADS, Commissioner. O MARCH 23 (calendar day, MARCH 24), 1932.-Ordered to be printed Mr. NYE, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany S. 2983] The Committee on Public Lands and Surveys, to whom was referred the bill (S. 2983) for the relief of homesteaders on the Diminished Colville Indian Reservation, Wash., having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: On page 2, line 13, after the word "shall" strike out the word "upon" and all down to and including the word "Secretary" before the word "forfeit" in line 14. This amendment was suggested by the Secretary of the Interior in his letter of February 4, 1932, in which he recommends the enactment of the bill as thus modified and sets forth the facts concerning the proposed legislation, as follows: Hon. GERALD P. NYE, DEPARTMENT OF THE INTERIOR, Chairman Committee on Public Lands and Surveys, United States Senate. MY DEAR MR. CHAIRMAN: In compliance with your request of January 19 for an opinion as to the merits of S. 2983, which is a bill providing for the relief of homesteaders on the Diminished Colville Indian Reservation, Wash., I invite your attention to the inclosed memorandum on the subject that has been submitted by the Commissioner of the General Land Office, who suggests a modification. Enactment of the bill into law is recommended. Very truly yours, RAY LYMAN WILBUR, Secretary. Memorandum for the secretary. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, January 25, 1932. Reference is had to the request of Hon. Gerald P. Nye, Chairman Committee on Public Lands and Surveys, United States Senate, for a report on S. 2983, a bill for the relief of homesteaders on the Diminished Colville Indian Reservation in Washington. Under authority of the act of March 22, 1906 (34 Stat. 80), ceded lands within the south half of the former Colville Indian Reservation, Wash., were opened to entry on September 5, 1916, for a period of five years. The time during which entries could be made was extended by the acts of May 9, 1922 (42 Stat. 507), and May 17, 9126 (44 Stat. 558), to September 4, 1931. The said act of March 22, 1906, provided that one-fifth the purchase price should be paid at the date of entry and the balance in five equal annual installments, commencing one year from the date of entry. The act of March 19, 1920 (41 Stat. 535), provides that the time for payment of any installment may be extended for a period of one year upon the payment of interest at the rate of 5 per cent per annum and that any payment so extended may annually thereafter be extended in like manner provided that no payment is extended beyond one year from the date when final payment became due under the act under which the entry was made, that is, six years from the date of entry. S. 2983 proposes to extend the time for making payments on entries of lands within the south half of the former Colville Indian Reservation an additional two years provided interest is paid in advance at the rate of 5 per cent per annum. It is identical with H. R. 7618 on which a memorandum is also submitted, down to line 13 on page 2. S. 2983 provides that upon failure to make any payment that may be due unless the same is extended or to make any extended payment at or before the time to which such payment has been extended as provided in the bill, the entry shall, "upon the filing of a statement to that effect by the Secretary," be canceled and the money theretofore paid forfeited. It is the practice of this office to hold an entry for cancellation for nonpayment of the required amounts, in a letter addressed to the register of the land office for the district in which the land is situated, setting out that if the required payment is not made or an appeal filed within the time allowed, the entry will be canceled and the case closed. If no action is taken, upon a report from the register to that effect, the entry is canceled and the entryman so advised through the register. It is not believed that any good purpose would be served by having this practice changed in the case of Colville lands and requiring the signature of the Secretary of the Interior to letters holding such entries for cancellation. I would therefore suggest the amendment of the bill by striking out the words "upon the filing of a statement to that effect by the Secretary," in lines 13 and 14, page 2. In my opinion relief legislation for homesteaders on Colville Indian lands is much needed and I therefore recommend a favorable report on the bill in question. C. C. MOORE, Commissioner. 720 CONGRESS 1st Session } SENATE { REPORT No. 467 VACATING WITHDRAWALS OF PUBLIC LANDS UNDER RECLAMATION LAW, WITH RESERVATION OF RIGHTS, WAYS, AND EASEMENTS MARCH 23 (calendar day, MARCH 24), 1932.-Ordered to be printed Mr. NYE, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany S. 3371] The Committee on Public Lands and Surveys, to whom was referred the bill (S. 3371) authorizing the Secretary of the Interior to vacate withdrawals of public lands under the reclamation law, with reservation of rights, ways, and easements, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. This bill was introduced at the request of the Secretary of the Interior, as set forth in his letter of January 19, 1932, which also sets forth facts concerning the proposed legislation, as follows: Hon. GERALD P. NYE, DEPARTMENT OF THE INTERIOR, Chairman Senate Committee on Public Lands, United States Senate, Washington, D. C. DEAR MR. NYE: Under authority of the Federal reclamation laws there have been withdrawn from time to time areas of land which are likely to be used or needed for or in connection with the construction of reclamation projects. In some instances areas alleged to be valuable for minerals could be restored to disposition under the general mining laws, but it is necessary in order to protect the future needs and interests of the Government and of their successors on the reclamation projects, to reserve certain ways, rights, or easements, and in some instances to reserve the right to take and remove from the lands material for use in construction. These reservations would not interfere with the development and extraction of the minerals and such a practice, if permissible under the law, would, it is believed, be of material benefit to the Government and the would-be mineral developers. There has been prepared and is herewith submitted, a draft of a measure designed to permit the Secretary of the Interior in such cases in his discretion, to restore lands from withdrawal, subject to appropriate reservations and/or stipulations or agreements. I transmit a copy of same for your consideration and for introduction if you deem same advisable. Very truly yours, Ray Lyman WILBUR, Secretary. O |