TRANSFER OF LAND IN BRECKINRIDGE COUNTY, KY., TO THE COMMONWEALTH OF KENTUCKY JUNE 22, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. MAY, from the Committee on Military Affairs, submitted the following REPORT [To accompany H. R. 4705] The Committee on Military Affairs, to whom was referred the bill (H. R. 4705) to authorize the transfer of a certain piece of land in Breckinridge County, Ky., to the Commonwealth of Kentucky, having considered the same, submit the following report thereon with the recommendation that it do pass. The bill will not involve the Government in any expenditures or require any appropriation to be made. The purpose of the bill is to authorize the Secretary of War to convey to the Commonwealth of Kentucky for State road purposes all the right, title, and interest of the United States in a parcel of land containing eight one-hundredths acre, which is now being used for highway purposes under a revocable license issued by the Secretary of War. The War Department is favorable to the enactment of the measure. Attached hereto and made a part of this report is a letter from the War Department explaining reasons and scope of the proposed legislation. Hon. LISTER HILL, Chairman, Committee on Military Affairs, WAR DEPARTMENT, Washington, March 22, 1937. House of Representatives, Washington, D. C. DEAR MR. HILL: Reference is made to your committee's letter of February 16, 1937, requesting a report on House bill no. 4705, to authorize the transfer of a certain piece of land in Breckinridge County, Ky., to the Commonwealth of Kentucky. The parcel of land described in the bill, containing 0.08 acre, is a part of a 5.5acre tract purchased by the United States in 1914 for use in connection with lock and dam no. 45, Ohio River. It is now occupied and used by the Kentucky Highway Commission for highway purposes under a revocable license issued by the Secretary of War, December 30, 1936. This license was issued on the understanding that the State of Kentucky would obtain authority from Congress for the permanent occupation of the land. The benefits accruing to the Government in being afforded an all-weather highway to Dam No. 45 are greatly in excess of the value of the land occupied and as the land is no longer needed favorable consideration of the bill H. R. 4705 is recommended. This proposed report was submitted to the Bureau of the Budget which reports that there would be no objection on the part of that office to its submission to the committee. Sincerely yours, MALIN CRAIG, KLAMATH INDIANS, PAYMENTS IN LIEU OF ALLOTMENTS JUNE 22, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mrs. HONEYMAN, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 5974] The Committee on Indian Affairs, to whom was referred the bill (H. R. 5974) to authorize payments in lieu of allotments to certain Indians of the Klamath Indian Reservation in the State of Oregon, and to regulate inheritance of restricted property within the Klamath Reservation, having considered the same, report thereon with a recommendation that it do pass with the following amendments: On page 2, line 6, strike the sentence beginning with the word "That" on said line, all of lines 7, 8, 9, down to and including the word "allotment." in line 10 and insert in lieu thereof the following: That no member of the Klamath tribe who shall not be enrolled within one year from the date of the enactment of this Act shall receive a payment in lieu of allotment. On page 3, lines 11 and 12, strike the words "the unexpended balance of such payment remaining to the credit of such Indian" and insert in lieu thereof the following: any unexpended balance of said $1,500 still due the decedent. This bill provides for the payment, out of tribal funds, of the sum of $1,500 to each enrolled member of the Klamath tribes in lieu of an allotment of land. The members of the tribes to be benefited are those who have been born since the closing of the land allotment rolls on April 15, 1910, and who, as a result, received no allotment of land. The Klamath tribes desire to conserve their grazing lands as a tribal asset, and there is not sufficient good agricultural land unallotted within the confines of the reservation to make allotments of land to these individuals. The Secretary of the Interior recommends the enactment of this bill. The Bureau of the Budget advises that the bill is not in conflict with the financial program of the President. The Indians affected by the bill, after full consideration in tribal council, have voted to seek its enactment into law. This bill received the unanimous vote of your committee. This bill does not entail the expenditure of any public funds. Hon. WILL ROGERS, INTERIOR DEPARTMENT, House of Representatives. MY DEAR MR. CHAIRMAN: This will refer further to your request for a report on H. R. 5974, to authorize payments in lieu of allotments to certain Indians of the Klamath Reservation in the State of Oregon; and to regulate inheritance of restricted property therein. Section 2 of the bill provides that each enrolled member of the tribe living on the date of passage who has not received an allotment of land shall be paid the sum of $1,500 from tribal funds, at the rate of not to exceed $300 per annum, with the proviso that no person not enrolled as a member of the tribe within 1 year from the date of the act or who may be born at any time after its passage shall be entitled to the payment. The Klamath allotment roll was closed on April 15, 1910. The records show that about 850 living members of the tribe have been born since that time. On this basis it would require approximately $1,275,000 for the purpose. While the roll was final and conclusive so far as concerns the right to an allotment of land, the tribe, purely as a matter of grace, desires to allow the indicated compensation to the unallotted members of the tribe, as provided in section 2 of the bill; and the council approved the plan by an overwhelming majority. In view of the provision in line 9 on page 1 that a person must be living on the date of the act, the proviso in lines 9 to 11 on page 2 that no member of the tribe born thereafter shall be entitled to the payment, may not, strictly speaking, be necessary. It has been inserted, however, in order to reiterate and emphasize this point. In order that it may coincide with the language of the companion Senate bill (S. 2055), the proviso in lines 6 to 8 on page 2 should be changed to read as follows: "That no member of the Klamath Tribe who shall not be enrolled within one year from the date of the enactment of this Act shall receive a payment in lieu of allotment." Section 3 provides that the payments shall be deposited to the individual credit of the persons entitled, subject to expenditure for certain specific purposes, under such rules and regulations as the Secretary of the Interior may prescribe, to assist the Indians toward self-support, etc. Section 4 stipulates that in the event of the death of such an Indian, any unexpended balance remaining to his credit shall be first applied to the repayment of loans made by the United States or the tribe, and the balance distributed as personal property. The language used does not clearly express the intent of this provision. It is, accordingly, suggested that the words "the unexpended balance of such payment remaining to the credit of such Indian" in lines 11 and 12 on page 3 be changed to read: "any unexpended balance of said $1,500 still due the decedent." The payments will go to the younger members of the tribe; and proportionately reduce the amount available for per-capita distributions upon which the Indians, especially the older members of the tribe, have largely depended for support in the past. To offset this reduction and serve as a compensatory advantage, S. 2053 and H. R. 5976, now pending in Congress, contemplate the creation of a permanent reimbursable fund out of tribal money, from which loans will be made for support to the older members of the tribe who require this form of assistance, secured by a lien on their allotments. It is believed that practically all of the older Indians in this category will be able to give the requisite security. The bills also provide for loans from the reimbursable fund to younger members of the tribe for industrial purposes, as well as the creation of a capital reserve fund, and comprise, with the present bill, a systematic and comprehensive fiscal program for the tribe, with the view of conserving its capital assets, and at the same time affording necessary assistance to the individual members of the tribe. Section 5 provides that only enrolled members of the tribe having not less than one-sixteenth degree of Klamath blood shall inherit or take by devise any restricted or trust property on the reservation, with the proviso that the surviving spouse shall be entitled to the life use of one-half of all lands of which the decedent died seized. Under this provision children of less than one-sixteenth degree of Klamath blood would be excluded from participation in the estates of their parents either by descent or by will. The purpose of section 6, relative to the escheat to the tribe of estates without lawful heirs or devisees is merely to apply thereto by analogy the general rule on this point as to such property among the whites. For the reasons given herein, I recommend the enactment of the bill H. R. 5974, if amended as suggested. The Acting Director of the Bureau of the Budget has advised that the proposed legislation is not in conflict with the financial program of the President. Sincerely yours, |