EXPLANATION OF THE BILL

H. R. 1726 as amended authorizes the granting to the city of Hot Springs, Ark., of a perpetual easement for the construction and operation of a water-main pipe line over a 1,000-foot strip of land in the Hot Springs National Park. No expenditure of Federal funds is required.

The Department of the Interior has no objection to the enactment of the bill as amended by the committee. Should future plans for the park demand the relocation of the pipe line, the amended bill provides that the Department of the Interior may require the city to effect such relocation.

The report of the Department is set forth below in full and is made a part of this report:

Hon. J. HARDIN PETERSON,

DEPARTMENT OF THE INTERIOR,

Chairman, Committee on Public Lands,

OFFICE OF THE SECRETARY, Washington 25, D. C., June 1, 1949.

House of Representatives.

MY DEAR MR. PETERSON: Your committee has requested a report on H. R. 1726, entitled “A bill to authorize the Secretary of the Interior to convey to the city of Hot Springs National Park, Ark., a perpetual easement for the construction and operation of a water-main pipe line." This bill would authorize the Secretary

of the Interior to grant to the city of Hot Springs, Ark., a perpetual easement for purposes of the legislation over a strip of park land that is 15 feet in width by approximately 1,000 feet in length.

This Department has no objection to the enactment of this proposed legislation, if it is amended as recommended in this report.

While we are willing to be of assistance to the city, consistent with park administration and use, we believe that it is unnecessary to convey an easement of 15 feet in width. A somewhat narrower right-of-way should provide the city with what it needs, and the exact width should be left to determination at the time of the conveyance. Moreover, future plans for the park might conceivably require the relocation of a portion of the proposed water-main pipe line. The bill should leave the way open for this Department to require such relocation if necessary. In addition, we believe that the name of the city is incorrectly stated in the bill. Accordingly, we recommend that the bill be amended as follows In the title of the bill, strike out the words "National Park". In line 5, page 1, of the bill, strike out the word "National". In line 6, page 1, strike out the word "Park"

Revise lines 1 and 2, page 2, to read: "National Park, such water-main pipe line to follow, in general, the following-described line: Provided, That any grant or conveyance pursuant to this Act shall be made subject to the right in the United States to require the City of Hot Springs to relocate without expense to the United States the said water-main pipe line upon a determination by the Secretary of the Interior that the public interest requires such relocation:"

In order to perfect the land description in the bill, we suggest the following amendment:

On page 2, line 15, strike out the semicolon and insert in lieu thereof the word "to"

This report has been submitted to the Bureau of the Budget and I am advised by that Bureau that there is no objection to the submission of this report to your committee.

Sincerely yours,

The Committee on Public Lands H. R. 1726, as amended, be enacted.

O

OSCAR L. CHAPMAN, Under Secretary of the Interior. unanimously recommends that

AUTHORIZING THE SECRETARY OF THE INTERIOR TO ISSUE A PATENT IN FEE TO LENORA FARWELL FRITZLER

JUNE 20, 1949.-Committed to the Committee of the Whole House and ordered to be printed

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

following

REPORT

[To accompany H. R. 3667!

The Committee on Public Lands, to whom was referred the bill (H. R. 3667) authorizing the Secretary of the Interior to issue a patent in fee to Lenora Farwell Fritzler, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Page 1, line 7, strike out the word "west" and insert in lieu thereof the word "east".

Page 2, line 3, strike out the period, insert in lieu thereof a colon, and add the following language:

Provided, That when the land herein described is offered for sale, the Crow Tribe. or any Indian who is a member of said tribe, shall have ninety days in which to execute preferential rights to purchase said tract at a price offered to the seller by a prospective buyer willing and able to purchase.

EXPLANATION OF THE BILL

H. R. 3667 authorizes the issuance of a patent in fee to Mrs. Lenora Farwell Fritzler, of Billings, Mont., for her entire allotment of 1,000 acres of land on the Crow Indian Reservation in Montana. No expenditure of Federal funds is required.

The act of June 4, 1920 (41 Stat. 751) provides that a Crow Indian allottee shall not sell more than one-half of his homestead, or 320 acres thereof. Therefore, the enactment of legislation is necessary to authorize Mrs. Fritzler to sell all of her land.

The Bureau of Indian Affairs, Department of the Interior, does not recommend the enactment of this bill unless the land is sold to another

Indian. The report of the Department on H. R. 3667 states, in part, as follows:

Mrs. Fitzler's land is in the Wolf Mountain area of the Crow Reservation, Mont., which is predominantly Indian-owned. It is entirely fenced, considerably improved, and has ample water for domestic and livestock use. This land controls the water supply of Corral Creek, the upper branches of which flow across it, and the water is used to irrigate 80 acres. The remainder of the allotment is grazing land.

A reservation road from Lodge Grass Ranger Station in the Wolf Mountains to Busby, Mont., passes over this allotment and is used by the Indians in the community. There is no objection to the sale of the land to another Indian, but a sale of this valuable and advantageously located property to a non-Indian would have a detrimental effect on the maintenance and development of the general welfare and economy of the surrounding Indian community. Unless adequate attention is given to this factor, the interests of many Crow Indians will be jeopardized.

Information furnished the author of the bill indicates that Mrs. Fritzler is fully competent and qualified to handle her own affairs. She has written her Congressman that she improved the land herself and found that it would support only 50 head of cattle. This limited number of cattle does not provide a sufficient livelihood. She is buying a 1,200-acre ranch containing better land and needs the money she would obtain by selling her homestead allotment.

Mrs. Fritzler advises that the creek on her allotment land is dry; that the surrounding land is owned by non-Indians, and that the reservation road is not used.

The committee has met the objections of the Bureau of Indian Affairs by amending the bill to provide for a 90-day period during which the Crow Tribe or any of its members shall have prior rights of purchase. The bill also has been amended to correct the land description.

Enactment of H. R. 3667 is unanimously recommended by the Committee on Public Lands.

O

AUTHORIZING THE ISSUANCE OF A PATENT IN FEE TO GEORGE SWIFT HORSE

JUNE 20. 1949.-Committed to the Committee of the Whole House and ordered to be printed

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

following

REPORT

To accompany H. R. 29201

The Committee on Public Lands, to whom was referred the bill (H. R. 2920) authorizing the issuance of a patent in fee to George Swift Horse, having considered the same, report favorably thereon with amendments and recommend that the bill do pass.

The amendments are as follows:

Page 1, line 10: Add the following:

Provided, That when the land herein described is offered for sale, the Cheyenne River Sioux Tribe, or any Indian who is a member of said tribe, shall have ninety days in which to execute preferential rights to purchase said tract at a price offered to the seller by a prospective buyer willing and able to purchase.

EXPLANATION OF THE BILL

The purpose of this bill is to authorize the issuance of a patent in fee to George Swift Horse, of White Horse, S. Dak., covering 160 acres of his land allotment on the Cheyenne River Indian Reservation in South Dakota. No expenditure of Federal funds is required.

At hearings held on this bill, representatives of the Bureau of Indian Affairs stated that there is no question of Mr. Swift Horse's competency. He owns approximately 70 head of cattle which he runs on tribal land, and is deemed fully capable of handling his own affairs. He owns three-quarters of a section of land on the reservation which is leased to other persons.

Mr. Swift Horse wishes to sell this one-quarter of a section and use the proceeds to buy another quarter of a section adjacent to his home allotment. The superintendent of the reservation feels that it would

H. Repts., 81-1, vol. 4- -69

be wiser for Mr. Swift Horse to sell his entire 480-acre tract. Mr. Swift Horse, however, wishes to sell only the 160-acre area, retaining 220 acres which is agricultural land and from which he gets substantial income. The committee sees no reason to disapprove such a sale.

An amendment has been adopted by the committee to give the tribe or any member thereof a 90-day preferential purchase privilege. Enactment of H. R. 2920 is unanimously recommended by the Committee on Public Lands.