81ST CONGRESS HOUSE OF REPRESENTATIVES 1st Session CONFERRING JURISDICTION ON THE STATE OF CALIFORNIA OVER THE LANDS AND RESIDENTS OF THE AGUA CALIENTE INDIAN RESERVATION IN SAID STATE JUNE 30, 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. 5310] The Committee on Public Lands, to whom was referred the bill (H. R. 5310) to confer jurisdiction on the State of California over the lands and residents of the Agua Caliente Indian Reservation in said State, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 2, line 4, following the word "Notwithstanding" insert the words "any other provision of law or". Page 2, line 11 through page 3, line 6, strike out all of section 3. Page 3, line 7, renumber "SEC. 4" to read "SEC. 3". Page 3, line 10, following the word "Band" insert the words "of Mission Indians". EXPLANATION OF THE BILL The purpose of this bill as amended is to confer jurisdiction on the State of California over the lands and residents of the Agua Caliente Indian Reservation, to grant a right-of-way for a public highway, and to preserve the status of existing permit holders for the present. No appropriation of Federal funds is required. Administration of the restricted lands on the Agua Caliente Indian Reservation has presented a unique problem to the Federal Government. It is the only place in the United States where restricted Indian land is intermingled in a checkerboard pattern with highly developed urban land of great value. The city of Palm Springs, Calif., a well-known winter resort, has grown rapidly during the last 25 years and today is a community with a total winter population of 20,000. The Agua Caliente Band of Mission Indians, consisting of 84 members, less than half of whom are adults, are the beneficial owners of about 5,200 acres of the 12,000 acres within the corporate limits of Palm Springs, and some 5,000 non-Indians reside on these Indian lands within the city. The reservation lands, totaling 31,127 acres, are held in trust by the United States, a portion of them in tribal status, and the remainder as individual trust allotments. In accordance with the acts of January 12, 1891 (26 Stat. 712) and March 2, 1917 (39 Stat. 976) as interpreted by the courts, the Department of the Interior is in the process of allotting the land of the reservation. In February 1949, 27 trust patents for such allotments were issued. Allotment selec tions for the remaining members of the band have recently been submitted by the special allotting agent and are now under consideration by the Department. In an effort to clarify some of the problems of administration, the Committee on Public Lands held extensive hearings on H. R. 4616, a bill to facilitate the administration of the restricted lands on the Agua Caliente Indian Reservation, Calif., and for other purposes. This bill proved to be highly controversial and action has been postponed pending an inspection by a special committee of the area involved. However, all parties concerned, namely the Member of Congress from the interested district, the Bureau of Indian Affairs, representatives of the city of Palm Springs, a representative of the nonIndian permit holders, and representatives of the Agua Caliente Indians, have agreed upon and requested adoption as soon as possible of the following noncontroversial provisions that are encompassed in this bill, H. R. 5310: 1. After January 1, 1950, the Agua Caliente Reservation shall be subject to the civil and criminal laws of the State of California. As the Indian lands are intermingled with the non-Indian lands, law and order could be more efficiently and effectively administered by the State than by the Indian Service, whose personnel and appropriations are inadequate for this purpose. 2. The city of Palm Springs is to be granted an easement of 60 feet from Indian allotted and unallotted land for public highway purposes along Indian Avenue, one of the two main thoroughfares of Palm Springs. This will add to the width of the existing public highway which at present is laid out entirely on non-Indian lands and will permit the widening of the street, which all agree is desirable and neces sary, and is to the benefit of the Indians and will greatly enhance the values of their lands which immediately adjoin Indian Avenue. 3. Existing valid lease permits from the Secretary of the Interior to non-Indians covering Indian reservation lands shall not be terminated without the consent of the permittee prior to July 31, 1950. This protects the permit holders while the more complete legislation is being considered. In a communication dated June 20, 1949, the Under Secretary of the Interior urged that H. R. 5310 be promptly enacted so that the above noncontroversial provisions could be placed in effect. The Secretary's letter is as follows: DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D. C., June 20, 1949. Hon. TOBY MORRIS, Chairman, Subcommittee on Indian Affairs, House of Representatives. My Dear Mr. MORRIS: With regard to new legislation affecting the Agua Caliente (Palm Springs) Indian Reservation in California, I understand that the Subcommittee on Indian Affairs does not wish to report out any controversial bill until representatives of the committee have had an opportunity to review the situation on the ground at Palm Springs. I am informed, however, that there are certain aspects of the legislation which are noncontroversial and which all interested persons would like to see enacted as soon as possible. The provisions which I understand are in this category and which the Department would favor are as follows: 1. A provision that all lands of the reservation shall be subject to the laws, civil and criminal, of the State of California, with a proviso to protect the Indian lands against alienation, encumbrance, or taxation 2. The grant of a right-of-way to the city of Palm Springs for the widening of Indian Avenue in that city. This right-of-way would consist of 50 feet along the west side of section 14, township 4 south, range 4 east, San Bernardino base and meridian, except as necessary to avoid the Indian Hot Springs, the exact legal description of the right-of-way to be included in the bill. 3. A provision that notwithstanding the allotment in severalty to Indians of this reservation, all valid and existing permits covering lands located on the reservation, the terms of which have been fully met by the permittees, will be continued in full force and effect for the periods described in such permits. A bill containing the foregoing provisions, while not covering all aspects of the over-all problem at Palm Springs, would be definitely desirable, and I urge that it be given early consideration by your subcommittee so that if it is found acceptable, it will be possible for both Houses to pass upon it before the adjournment of this session of the Congress. Sincerely yours, OSCAR L. CHAPMAN, Under Secretary of the Interior. The committee has amended the bill to eliminate certain lease provisions. Enactment of H. R. 5310, as amended, is unanimously recommended by the Committee on Public Lands. EXPANDING ACTIVITIES WITHIN FOREIGN-TRADE ZONES JUNE 30, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. BOGGS of Louisiana, from the Committee on Ways and Means, submitted the following REPORT To accompany H. R. 5332] The Committee on Ways and Means, to whom was referred the bill (H. R. 5332) to amend section 3 of the act of June 18, 1934, relating to the establishment of foreign-trade zones, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE Under existing law manufacturing and exhibiting within a foreigntrade zone are expressly prohibited. This bill would permit manufacturing and exhibiting within a zone and would (with certain exceptions), under proper regulations, enable articles entering a foreigntrade zone from customs territory solely for export, destruction, or storage to be treated as exported for such purposes as draw-back, warehousing, and bonding provisions of the tariff laws, or for exemption from liability for internal-revenue taxes. GENERAL STATEMENT A foreign-trade zone is an isolated, fenced off, and policed area within or adjacent to a port of entry where foreign merchandise may be landed, stored, repacked, sorted, mixed or otherwise manipulated with a minimum of customs control and without customs bond. If such merchandise is brought into customs territory, it is subject to all customs laws and regulations. Under the act of June 18, 1934, the Foreign-Trade Zones Board, composed of the Secretary of Commerce, Secretary of the Treasury, and Secretary of War, is authorized to grant to public and private corporations the privilege of establishing, operating, and maintaining |