the Department of Interior and representatives of the New Mexico mineral industry.

The favorable report of the Department of Agriculture to the Senate Committee on Interior and Insular Affairs is set forth below in full:

Hon. JOSEPH C. O'MAHONEY,

DEPARTMENT OF AGRICULTURE, Washington 25, D. C., February 23, 1949.

Chairman, Committee on Interior and Insular Affairs,

United States Senate.

DEAR SENATOR O'MAHONEY: Reference is made to your request of January 18 for a report by this Department on S. 353, a bill to protect scenic values along and tributary to Aspen Basin Road, and contiguous scenic area, within the Santa Fe National Forest, N. Mex.

This bill would provide that, on certain lands, described therein, bordering the Aspen Basin Road, Santa Fe National Forest, N. Mex., the rights of locators of subsequently filed mining claims would be limited to the minerals and that title to the surface would remain with the United States. The bill also prescribes that use of the surface by the locator would be restricted to the needs for mining purposes and that cutting of timber would be subject to national-forest timbercutting rules.

This bill is similar in purpose and effect to several acts previously passed by the Congress. For example, the acts of March 15, 1940 (54 Stat. 52) and June 11, 1946 (60 Stat. 254) impose substantially the same restrictions on location and entry of mineral lands, under the United States mining laws, in order to preserve the scenic and recreational resources along the Catalina Highway and recreation area on portions of the Coronado National Forest, Ariz.

The Aspen Basin Road was constructed by the United States to provide public access to an important recreation and skiing country and it would be inconsistent with the public interest to permit unrestricted mineral activity to interfere with the public use and enjoyment of those resources. Legitimate mineral development would be entirely practicable within the limitations imposed by this bill. This Department recommends that the bill be passed. The Bureau of the Budget advises that, from the standpoint of the program of the President, there is no objection to the submission of this report. Sincerely.

CHARLES F. BRANNAN, Secretary.

The favorable report of the Department of the Interior on companion bill H. R. 1359 is as follows:

DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY,
Washington. D. C., May 26, 1949.

Hon. J. HARDIN PETERSON,

Chairman, House Public Lands Committee,

House of Representatives.

MY DEAR MR. PETERSON: Reference is made to the request for a report on H. R. 1359, a bill to protect scenic values along and tributary to Aspen Basin Road, and contiguous scenic area, within the Santa Fe National Forest, N. Mex. I have no objection to the enactment of this bill

The proposed legislation affects lands under the administrative jurisdiction of the Forest Service, Department of Agriculture. The bill would protect the scenic values of the lands subject thereto by limiting the rights of locators of mining claims under the United States mining laws on these lands so that (1) a patent for such mining claim would convey the mineral rights alone, leaving title to the surface in the United States, (2) use of the surface would be restricted to mining needs only, and (3) timber-cutting would be permitted only under national-forest timber-cutting rules. All of these objectives are desirable.

The Bureau of the Budget informs me that it has no objection to the views expressed herein

Sincerely yours.

The Committee on Public Lands enactment of S. 353.

O

OSCAR L. CHAPMAN, Acting Secretary of the Interior unanimously recommends the

PROVIDING TRANSPORTATION OF PASSENGERS AND MERCHANDISE ON CANADIAN VESSELS IN ALASKA

MAY 31, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. BOYKIN, from the Committee on Merchant Marine and Fisheries, submitted the following

REPORT

To accompany H. R. 2634]

The Committee on Merchant Marine and Fisheries, to whom was referred the bill (H. R. 2634) to provide transportation of passengers and merchandise on Canadian vessels between Skagway, Alaska, and other points in Alaska, between Haines, Alaska, and other points in Alaska, and between Hyder, Alaska, and other points in Alaska or the continental United States, either directly or via a foreign port, or for any part of the transportation, having considered the same, report favorably thereon with an amendment and recommend that the bill do pass.

The amendment is as follows:

Page 1, line 3. after the word "That," insert the words "until June 30, 1950,".

The purpose of this bill is to provide for temporary exemptions to certain coastwise laws so that the laws restricting to United States vessels the carriage of passengers and merchandise between two United States ports shall not be applicable to commerce between Haines and other points in Alaska, Skagway, and other points in Alaska, and between Hyder and other points in Alaska or the continental United States, either directly or via a foreign port.

The provisions of law which would be, in effect, amended by the proposed legislation are section 8 of the act of June 19, 1886, as amended (30 Stat. 248, 46 U. S. C., 1946 ed., sec. 289), and section 27 of the act of June 5, 1920 (41 Stat. 99, 46 U. S. C., 1946 ed., sec. 883). The former makes transportation of passengers between ports or places in the United States in foreign vessels liable to a penalty of $200 per passenger, and the latter provides that no mer

chandise may be transported in the coastwise trade in foreign vessels upon penalty of forfeiture.

The reason why exemption from these provisions is necessary for Haines and Skagway is because of the extremely inadequate service being provided them by American vessels. Only one American vessel services these two ports and it stops thereabout once in every 3 weeks and on its north-bound voyage only. The result is there is no available American ship for south-bound travel from Haines and Skagway to Juneau, Petersburg, Wrangell, or Ketchikan.

The situation is even more acute with respect to Hyder because of the unwillingness of American-flag operators to service that community. Moreover, since the destruction of the dock at Hyder, the only practicable way of shipping merchandise to the States is by way of Stewart, British Columbia. Your committee understands that it is absolutely essential to the successful and uninterrupted operation of the Riverside Mine at Hyder which produces tungsten, a vital strategic material, that adequate transportation be assured that community by permitting Canadian vessels to serve it.

The problem of water transportation between the United States and the Territory of Alaska and between ports in the Territory has been a very difficult one for a number of years and no long-range solution has yet been reached. Therefore, your committee feels that in the interest of the citizens and the industry of the Territory of Alaska that this bill should be enacted so as to permit Canadian vessels to serve the needs of the ports covered by this bill until June 30, 1950. However, it is not the intention of your committee to depart from the traditional policy of the United States to limit our domestic waterborne commerce to United States-flag vessels and therefore your committee is unwilling to agree to provisions which would grant a permanent exemption from the operation of the coastwise laws. In this connection, it is the intention of your committee to continue its efforts to find a way to reestablish adequate American shipping services to and from points in Alaska and the United States.

The Department of the Interior, the Treasury Department, and the United States Maritime Commission have reported to your committee in favor of the objectives of this bill.

DECLARING THAT THE UNITED STATES HOLDS CERTAIN LANDS IN TRUST FOR THE MINNESOTA CHIPPEWA TRIBE

JUNE 1, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. MORRIS. from the Committee on Public Lands, submitted the

following

REPORT

[To accompany H. R. 3895]

The Committee on Public Lands, to whom was referred the bill (H. R. 3895) to declare that the United States holds certain lands in trust for the Minnesota Chippewa Tribe, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

EXPLANATION OF THE BILL

The purpose of this bill is to declare title to approximately 28,554 acres of land purchased by the United States in connection with the Flat Lake and Twin Lakes Indian demonstration projects in Minnesota, to be held by the United States in trust for the Minnesota Chippewa Tribe of Indians. It also authorizes the Secretary of the Interior to proclaim this land as an addition to the White Earth Indian Reservation.

No expenditure of Federal funds is required.

The land was acquired by the Federal Government for Indian use. The chief purposes of the Flat Lake and Twin Lakes demonstration projects were (a) to supply a place for homes for landless Indians, (b) to furnish the Indians a place to grow gardens, (c) to furnish the Indians a source of fuel, and (d) to bring the whole area, so far as possible under Indian control in order to achieve an economical system of land use for the lands now under Indian ownership.

However, despite the fact that the land was acquired for the benefit of the Minnesota Chippewa Tribe and has been so administered, the title to the land has never been legally declared by the Federal Government to be held in trust for the Indians.

The Minnesota Chippewa Tribal Council has requested the enactment of this legislation so that the Indians may get the maximum benefit from the land. The tribe intends to develop the lands through

reforestation but hesitates to expend tribal funds on such a project until the title is specifically vested in the Indians.

The committee notes that the Minnesota Chippewa Tribe has an excellent record and has proved that it is capable of directing and supervising its business activities. The Indians have spent approximately $30,000 to date of their tribal funds on forest-planting projects alone to bring into producing status lands similar to those covered by this bill.

The committee is agreed that favorable action on this bill will not set a precedent with respect to other land held under authority of title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115), and of section 55 of title I of the act of August 24, 1935 (49 Stat. 750, 781).

H. R. 3895 is further explained in the favorable report of the Department of the Interior, pertinent comments therefrom being set forth below:

For the reasons hereinafter stated, I recommend that H. R. 3895 be enacted. The bill, if enacted, would declare that title to approximately 28,554 acres of land acquired by the United States for Indian use under authority of title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115), and of section 55 of title I of the act of August 24, 1935 (49 Stat. 750, 781), lying and situated within the White Earth Indian Reservation, Minn., is held in trust by the United States of America for the use and benefit of the Minnesota Chippewa Tribe. The bill would also authorize the Secretary of the Interior to proclaim such lands as an addition to the White Earth Indian Reservation.

Through the allotment and sale of lands and timber the Chippewa Indians lost a large part of their land resources between 1900 and 1930. The act of June 21, 1906 (34 Stat. 325, 353), as amended by the act of March 1, 1907 (34 Stat. 1015, 1024), which removed all restrictions on all White Earth allotted lands owned by adult mixed-blood Indians, resulted in wholesale alienation of the timberlands on the White Earth Reservation. The allotments remaining in Indian ownership in the Flat Lake and Twin Lakes areas on the White Earth Reservation are widely scattered and of little use for purposes other than reforestation. The chief purposes of the Flat Lake and Twin Lakes demonstration projects were (a) to supply a place for homes for landless Indians, (b) to furnish the Indians a place to grow gardens, (c) to furnish the Indians a source of fuel, and (d) to bring the whole area, so far as possible, under Indian control in order to achieve an economical system of land use for the lands now under Indian ownership.

The Indians of the Minnesota Chippewa Tribe understood that the lands would be turned over to the Indians after the purchases were consummated. In line with this understanding, the administrative jurisdiction over these and other lands was transferred by Executive Order 7868. issued April 15, 1938. from the Secretary of Agriculture to the Secretary of the Interior, and the Secretary of the Interior was authorized to administer, through the Commissioner of Indian Affairs, such lands for the uses and purposes for which they were acquired and, so far as consistent with such uses, for the benefit of such Indians as he may designate. Practically all of the lands have been cut clean and burned, and no effort has been made to reforest them. It is the purpose and intent of the Minnesota Chippewa Tribe to reforest these lands when sufficient title is vested in them so that they may be protected in the development of the lands.

In view of the fact that these urgently needed lands adjoin tribal lands, that they were acquired for the use and benefit of the Indians of the Minnesota Chippewa Tribe, and that proper utilization cannot be made of these lands until the Indians' right to occupy and use the lands is confirmed, I believe that H. R. 3895 should be enacted to carry out their understanding at the time the purchase projects were initiated

Since these lands adjoin tribal lands and since they were originally acquired for the use of the Indians of the Minnesota Chippewa Tribe, the Committee on Public Lands unanimously recommend that H. R.

3895 be enacted.

O