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Comparative statement showing the appropriations for 1909, the estimates for 1910, and the amounts recommended

for 1910-Continued.

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Seacoast batteries, Philippine Islands..

Light and power plants, installation of, Hawaii and Philippine Islands

Searchlights for important harbors, Hawaii

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Reclamation of land in Philippine Islands for fortifications.

5,000.00

12,000.00

12,000.00

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Torpedo planters and launches for Hawaiian and Philippine Islands.

374,000.00

Ammunition for seacoast guns, etc.

250,000.00

500, 000. 00

500,000.00

Alteration and maintenance of seacoast artillery, including purchase of machinery, tools, etc.

20, 000. 00

50,000. 00

25,000. 00

Submarine mines for insular possessions..

Construction of fire-control stations and accessories.

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PROVIDING FOR PAYMENT OF COST OF DRAINAGE OF OMAHA INDIAN ALLOTTED LANDS.

JANUARY 25, 1909.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. HACKNEY, from the Committee on Indian Affairs, submitted the

following

REPORT.

[To accompany H. R. 20385.]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 20385) to enable the Omaha Indians to protect from overflow their tribal and allotted lands located within the boundaries of any drainage district in Nebraska, having given the same careful consideration, make the following report:

Drainage districts have been organized for the purpose of reclaiming the swamp and overflow lands along Logan Creek in Cumming and Thurston counties in Nebraska. The bulk of the lands sought to be drained is owned by whites. The Omaha Indians own allotments in the territory sought to be drained as follows: Seven allotments of 160 acres, 13 allotments of 80 acres, and 20 allotments of 40 acres each.

In the present condition this land, held by both whites and Indians, is practically valueless, but if drained it will become very valuable. It has been estimated that the reclamation of these lands will cost an average of between $7 and $8 per acre, and the land if drained is estimated to be worth substantially $100 per acre. These Indians received their allotments several years ago under the general allotment act, and there are restrictions against the sale, alienation, incumbrance, or taxation of these lands during the trust period, which has not yet expired. The fund due the Omaha tribe and now held by the Government is about $340,000, and about $276 per capita.

The purpose of this bill is to authorize the Secretary of the Interior in his discretion to pay, from the funds remaining to the credit of the Omaha tribe of Indians, any assessments that may be made by any drainage district in the State of Nebraska on the tribal lands of said Indians, to protect such lands from overflow, not exceeding an average of $8 per acre.

It is provided, however, that no such assessment on any allotment held in trust by the Government shall be valid or constitute a lien on the land, but the Secretary of the Interior shall retain not exceeding $240 of the per capita share of any allottee and expend the same for the payment or partial payment of the sum found by such drainage district to be due from such allottee for the purpose of protecting such lands from overflow.

Such payments shall be credited on any assessments which shall be made on the allotments of said Indians after the termination of the trust period.

It is provided that the balance of the per capita share of any such Indian having allotted lands in this drainage district may be paid to him by the Secretary of the Interior after the retention of the above amount to be applied on the cost of drainage.

The bill was drawn by the Commissioner of Indian Affairs and has his approval, and likewise the approval of the Secretary of the Interior, as appears from the following letters:

DEPARTMENT OF THE INTERIOR,

OFFICE OF INDIAN AFFAIRS,
Washington, March 11, 1908.

MY DEAR MR. BOYD: Referring to the matter of subjecting certain Omaha lands to their proportionate share of the cost of drainage, in compliance with your request, I inclose a draft of a bill for that purpose. Some difficulty has been found in providing for the allotted lands.

According to Mr. Anderson's estimate the reclamation of the lands will cost from 50 cents to $20 an acre, the average cost being between $7 and $8.

His map in connection with the tract book of the reservation shows that there are involved 7 allotments of 160 acres, 13 of 80 acres, and 20 of 40 acres each.

At an average cost of $8 per acre the assessments against these allotments would be $1,280, $640, and $320, respectively. The fund now due the Omaha tribe is about $340,000, or some $276 per capita, which would be reduced to some $254 by the provision for the payments of the assessments on tribal lands.

It would be impossible therefore to pay the assessments, where these exceed that amount, from the proportionate shares of the tribal funds."

It would be a violation of the trust under which the allotments are held to subject the lands to any incumbrance before the expiration of the trust. This, however, will expire by limitation on July 10, 1909, except as to six allotments covering 259.99 acres.

Therefore I have drafted the bill so as to provide that no assessment made on the land of an allottee while these are held in trust shall be valid, but that the Secretary may retain not more than $240 from the per capita share of any allottee and expend the same for the payment or partial payment of the amount found to be due from the allottee to protect his land. Such payment is to be credited on any assessment that may be made on the land after the termination of the trust.

As the trust on nearly all the land will end in a little over a year, and Mr. Anderson says that the district will issue bonds, it seems that the provision will accomplish the result required.

Very respectfully,

House of Representatives.

Hon. J. F. BOYD,

F. E. LEUPP,
Commissioner.

DEPARTMENT OF THE INTERIOR,
Washington, April 25, 1908.

SIR: I am in receipt by your reference of April 23, of a copy of H. R. 20385, entitled "A bill to enable the Omaha Indians to protect from overflow their tribal and allotted lands located within the boundaries of any drainage district in Nebraska.” The object of the bill is to permit Omaha tribal lands and allotments to be included in any drainage district under the laws of Nebraska. It authorizes the Secretary of the Interior to pay assessments for the dra inage of tribal lands out of the tribal funds

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