Sections 3 and 4 provide for an advance from the United States Treasury of an amount sufficient to make payments to Indian tribes of the amounts due them on homestead entries or purchases and prescribes the purposes for which the money may be expended. This is in no sense a gratuity. The United States is merely substituted for the Indians as the party entitled to the proceeds from disposals of the lands and it will be reimbursed for the entire amount advanced with interest as and when payments are made by the entrymen or purchasers. Such reimbursement will be accomplished by covering into the Treasury the payments made by the entrymen or purchasers and in the event an entry is subsequently canceled the amounts advanced thereon will be reimbursed from tribal Indian funds.

The Indian reservations affected, the approximate number of entries pending, and the amount of unpaid principal and interest due are as follows:

The interest on entries has been computed to December 1, 1936. on purchases has been computed to September 1, 1935.

The interest

A recital of the conditions pertaining to the entries on surplus lands of the Fort Peck Reservation, on which the largest amount of principal and interest is due and unpaid, amply demonstrates the losses suffered by the Indians. The surplus lands of the Fort Peck Reservation were opened to entry by proclamation of the President dated July 25, 1913 (38 Stat. 1952). This proclamation was issued pursuant to the act of May 30, 1908 (35 Stat. L. 568), authorizing the making of allotments to Indians of the Fort Peck Reservation and the appraisal, classification, and sale of the surplus lands under the general provisions of the homestead, desert land, mineral, and town-site laws of the United States, except as to certain sections which were granted to the State of Montana. With respect to the price to be paid for agricultural and other lands the act of 1908 provides: "Provided further, That the price of said lands shall be the appraised value thereof, as fixed by said commission, which in no case shall be less than $1.25 per acre for agricultural, grazing, and arid land, and shall be paid as follows: Upon all lands entered or filed upon under the provisions of the homestead law, there shall be paid one-fifth of the appraised value of the land when entry or filling is made, and the remainder shall be paid in five equal annual installments in one, two, three, four, and five years, respectively, from and after date of entry or filing, and when an entrymen shall have complied with all the requirements of the homestead law and shall have submitted final proof within seven years from date of entry and shall have made all required payments aforesaid, he shall be entitled to a patent for the lands entered.'

It will be noted that the act contemplated that the final certificate should issue not more than 7 years after the filing of the entries. The act of March 2, 1917 (39 Stat. L. 994), authorized extensions of time within which entrymen might make their payments with the limitation that no payments should be postponed for more than 8 years from the date of entry. No further authority for granting extensions was enacted until the act of March 4, 1925 (43 Stat. L. 1267). In the meantime, many entrymen had been delinquent continuously and although the entries had been in existence more than 8 years, no action was taken to cancel them.

H. Repts., 75-1, vol. 2-77

The act of March 4, 1925, authorized extensions of time to not later than November 1, 1926, upon the payment of one-half of the principal and interest due. The act of June 15, 1926 (44 Stat. 746), authorized additional extensions of 2 years. There was again a period of several years during which no extensions were authorized by Congress. Additional extensions up to and including the year 1936 have been authorized upon the payment of interest in advance by the acts hereinbefore cited. Practically all of the entries on this reservation are now delinquent. Nearly 80 percent of them were filed more than 7 years ago.

The Indians of the Fort Peck Reservation feel that the terms of the act opening their surplus lands to entry should have been adhered to. If this had been done, the entrymen in most of the cases now pending would have had to complete their payments, or their entries would have been canceled. However, as the situation now stands, many of them have had possession of the land for as long as 20 years by paying a small part of the purchase price and interest. Furthermore, many of the interest payments are now 8 or 10 years in arrears. In addition to using the land without making adequate payments to the Indians the entrymen have escaped all taxation.

When the lands were opened to entry, the United States accepted no responsibility to purchase or to find purchasers for the surplus Fort Peck lands. The United States was to act as trustee to sell the lands and pay over the proceeds in accordance with the terms of the act of May 30, 1908, supra. However, by acts of Congress authorizing extensions of time in which payments might be made, and by administrative action in not canceling entries when they became delinquent, the United States has very materially altered the situation created by the 1908 act. The Indians have never consented to any of these changes and, particularly in recent years, have strongly protested the policy of the Federal Government in the matter. The present circumstances are due almost entirely to the action of the Government above outlined.

The situation on the remaining reservations above listed is much the same. The surplus lands have been subject to entry for over 20 years. All or nearly all of the entries are now delinquent and it is estimated that 90 percent of the entries on these reservations have been pending for longer than the period in which the act opening the particular reservation provided for the making of all payments and final proof.

The amendments which I have suggested would relieve the Indians of carrying overdue payments on the lands of these reservations. The immediate cost to the United States, as shown by the figure given above, would be slightly in excess of $410,000. However, as indicated above, this will be reimbursed with interest as the payments on the homesteads and purchases are made, and the advance required to be made will be substantially decreased by acceptance of the relinquishments provided for in the proposed section 5. The amendments proposed merely shift from the Indians to the Government the burden of waiting for the money until such time as the entrymen may complete their payments. The Acting Director of the Bureau of the Budget has advised with respect to the printed text of S. 189, which is identical to this bill, that the proposed legislation would not be in conflict with the program of the President. He further advises "that your proposed report thereon, insofar as it recommends amendment of the bill by adding thereto sections 3 and 4, making payment to certain tribes of Indians out of the general fund of the Treasury of the delinquent indebtedness of homesteaders, would not be in accord with the program of the President."

A further suggestion is made by the Acting Director of the Bureau of the Budget that the addition to section 2 of the bill of "appropriate provisions for the cancelation at the end of the calendar year 1937 of entries upon ceded Indian lands on which payments are then delinquent" would not be in conflict with the program of the President. For the bill to conform to the several suggestions immediately above, the following text should be added at the end of line 3, page 3, to be followed by adding my suggested section 5 (which would become sec. 3) found on page 3 of this report: "The Secretary of the Interior is hereby authorized and directed to cancel all entries and purchases on ceded Indian lands on which payments are delinquent at the close of the calendar year 1937, after proper notice of the delinquency has been given to the entryman.' In addition to these amendments, I have previously suggested (p. 1, of this report) two other minor changes. If amended, to conform to the views expressed by the Acting Director of the Bureau of the Budget, I will interpose no objection to the passage of H. R. 2888. The Indians, however, undoubtedly will attempt later to assert claims for moneys due them for lands the use of which has been denied them because of the delin quencies of numerous homesteaders.

Sincerely yours,

RELIEF APPROPRIATIONS

JUNE 28, 1937.-Ordered to be printed

Mr. WOODRUM, from the committee of conference, submitted the

following

CONFERENCE REPORT

[To accompany H. J. Res. 361]

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the joint resolution (H. J. Res. 361) making appropriations for relief purposes, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendments numbered 8, 13, 14, 25, 26, 27, 36, 49, 50, 51, 52, 53, and 56.

That the House recede from its disagreement to the amendments of the Senate numbered 1, 2, 22, 6, 7, 9, 10, 11, 12, 15, 16, 17, 18, 22, 23, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 57, 58, and 64, and agree to the same.

Amendment numbered 3:

That the House recede from its disagreement to the amendment of the Senate numbered 3, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment insert the following: control, conservation, eradication of insect pests, and miscellaneous; and the Senate agree to the same.

Amendment numbered 4:

That the House recede from its disagreement to the amendment of the Senate numbered 4, and agree to the same with an amendment, as follows:

Restore the matter stricken out by said amendment amended to read as follows: and self-help,; and the Senate agree to the same.

Amendment numbered 5:

That the House recede from its disagreement to the amendment of the Senate numbered 5, and agree to the same with an amendment, as follows:

In lines 4, 5, and 6 of the matter inserted by such amendment strike out the words "or for completion of flood control projects

already begun and for which other relief money has heretofore been allocated"; and the Senate agree to the same.

Amendment numbered 19:

That the House recede from its disagreement to the amendment of the Senate numbered 19, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment insert the following: or aliens who have not filed declaration of intention to become citizens; and the Senate agree to the same.

Amendment numbered 20:

That the House recede from its disagreement to the amendment of the Senate numbered 20, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment insert the following: who are in need of relief; and the Senate agree to the same.

Amendment numbered 21:

That the House recede from its disagreement to the amendment of the Senate numbered 21, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment insert the following: who are in need of relief and; and the Senate agree to the same. Amendment numbered 24:

That the House recede from its disagreement to the amendment of the Senate numbered 24, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment insert the following: who are in need of relief; and the Senate agree to the same.

Amendment numbered 47:

That the House recede from its disagreement to the amendment of the Senate numbered 47, and agree to the same with an amendment, as follows:

Restore the matter stricken out by said amendment amended to read as follows: or as may be necessary for administrative expenses of the National Resources Committee,; and the Senate agree to the same. Amendment numbered 48:

That the House recede from its disagreement to the amendment of the Senate numbered 48, and agree to the same with an amendment, as follows:

Restore the matter stricken out by said amendment amended to read as follows:

SEC. 10. In carrying out the purpose of the foregoing appropriation the President is authorized to prescribe rules and regulations for the establishment of special funds in the nature of revolving funds for use, until June 30, 1938, in the purchase, repair, distribution, or rental of materials, supplies, equipment, and tools: Provided, That the requirement in section 1 hereof that no Federal construction project shall be undertaken unless and until there have been allocated and irrevocably set aside sufficient funds for its completion shall not apply to flood control and water conservation projects authorized by other law and prosecuted hereunder.

And the Senate agree to the same.

Amendment numbered 54:

That the House recede from its disagreement to the amendment of the Senate numbered 54, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment insert the following: made available in this joint resolution; and the Senate agree to the same.

Amendment numbered 55:

That the House recede from its disagreement to the amendment of the Senate numbered 55, and agree to the same with an amendment, as follows:

In lieu of the matter inserted by said amendment insert the following: the President shall find that the projects to be financed with such loan or grant will not cause or promote competition of the products of convict labor with the products of free labor; and the Senate agree to the same. Amendment numbered 59:

That the House recede from its disagreement to the amendment of the Senate numbered 59, and agree to the same with an amendment, as follows:

In lieu of the matter proposed to be inserted by such amendment insert the following:

SEC. 201. The Federal Emergency Administration of Public Works (herein called the "Administration") is hereby continued until July 1, 1939, and until such date is hereby authorized to continue to perform all functions which it is authorized to perform on June 29, 1937. All provisions of law existing on June 29, 1937, and relating to the availability of funds for carrying out any of the functions of such Administration are hereby continued until July 1, 1939, except that the date specified in the Emergency Relief Appropriation Act of 1936, prior to which, in the determination of the Federal Emergency Administrator of Public Works (herein called the "Administrator"), a project can be substantially completed is hereby changed from "July 1, 1938" to "July 1, 1939”. And the Senate agree to the same.

Amendment numbered 60:

That the House recede from its disagreement to the amendment of the Senate numbered 60, and agree to the same with an amendment, as follows:

In lieu of the matter proposed to be inserted by such amendment insert the following:

SEC. 202. The amount which the Reconstruction Finance Corporation is authorized by existing law to have invested at any one time in securities purchased from the Administration is hereby increased from $250,000,000 to $400,000,000.

And the Senate agree to same.

Amendment numbered 61:

That the House recede from its disagreement to the amendment of the Senate numbered 61, and agree to the same with an amendment, as follows:

In lieu of the matter proposed to be inserted by such amendment insert the following:

SEC. 203. The amount of funds which the Administrator, upon direction of the President, is authorized to use for grants from moneys realized from