1942. These would number about 100. According to the best available information, the aggregate amount of the claims in clases 3 and 4 is about $225,000. and interest on these claims at the rate of 6 percent, prescribed in H. R 4353 is estimated at about $340,000.

A bill (H. R. 981) directed to the same objective as H. R. 4353 passed both the Senate and the House of Representatives in the Eightieth Congress, but was vetoed by the President.

The Bureau of the Budget has advised me that there is no objection to the submission of this report to your committee.

Sincerely yours,

J. A. KRUG, Secretary of the Interior

The Committee on Public Lands unanimously recommends the enactment of H. R. 4353 as amended.

Pursuant to the provisions of clause 2a, rule XIII, of the Rules of the House of Representatives, proposed changes in existing law are indicated below with the matter proposed to be omitted in black brackets, and the new matter proposed to be inserted in italics:

ACT OF JANUARY 29, 1942 (56 STAT. 21)

SEC. 2. That any person duly enrolled as a member of an Indian tribe who received in pursuance of a tribal treaty or agreement with the United States an allotment of land which, by the terms of said treaty or agreement was exempted from taxation, or restricted against alienation or which by the terms of [any] section 6 of the Act of Congress of May 27, 1908 (35 Stat 312), was in the manner therein provided continued under the supervision of probate attorneys of the United States as the representatives of the Secretary of the Interior during the minority of such allottee, and from which land the restrictions have or have not been removed, and any such enrolled member of an Indian tribe who prior to April 26, 1931 [having] had restricted money in the custody [and] or control of the United States [prior to April 26 1931, and who was required or permitted to pay any Federal income tax on such lands or on the rents, rovalties, or other gains arising from such lands during such restricted or tax-exempt period or on income from such restricted funds while in the custody or control of the United States. or on income from any allotment during the minority of the allottee, or any such person who has been erroneously or illegally taxed by reason of not having claimed or received the benefit of any dedutions or exemptions permitted by law, and who has filed a claim or claims for refund at any time or times before Januari, 29. 1944. [would] shall be entitled [under this or previous Acts or rulings of] to and shall be repaid such taxes so paid with interest at 6 per centum from the date such taxes were paid, notwithstanding and premous rejection by the Treasury Department [in similar Indian cases to a refund of the taxes so illegally or erroneously collected, but for the fact that he failed to file a claim for such refund within the time prescribed by law shah, be allowed two vears after the approval of this Act within which to file such claim and if otherwise entitled thereto he may recover such taxes in the same manner and to the same extent as if such claims for refund had been theretofore duly filed a required by law of any such claim o claims for refund theretofore filed upon the same or similar ground ani notwithstanding any decision of the Treasury Department or of any ourt, it not being the policy or intention of the Government to invoke o plead a statute of um-tations or an other defense to escape the obligations of agreements solemnly entered into with it: Indian wards, or prior to April 26. 1913. to exact for its own use and benefit ar income tax from them while their property continued under the supervision of the United States [and/] or during the minority of any such allottee Provided how ever, That in the case of the death of [a] any enrolled member of an Indian tribe [his heirs who succeeded to his allotment of lands be permitted to file claims and recover refunds in the same manner as duly enroiled member of an Indian tribe Provided further That in the case of the death of any enrolled member of an Indian Tribe] any such [illegal] taxes paid by him or on his account may in like manner be [claimed and] recovered by the person or persons who would have received such money had it constituted a part of his state at the time of his death

That all Acts and parts of Acts in conflict herewith are modified for the purpose and only for the purpose, of carrying into effect the provisions hereof.

PROVIDING FOR THE SALE OR OTHER DISPOSAL OF CERTAIN SUBMARGINAL LANDS LOCATED WITHIN THE BOUNDARIES OF INDIAN RESERVATIONS IN THE STATES OF MONTANA, NORTH DAKOTA, AND SOUTH DAKOTA

JUNE 24, 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. 32751

The Committee on Public Lands, to whom was referred the bill (H. R. 3275) to provide for the sale or other disposal of certain submarginal lands located within the boundaries of Indian reservations in the States of Montana, North Dakota, and South Dakota, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Page 3, line 24; strike out the words "and directed".

EXPLANATION OF THE BILL

The purpose of this bill is to provide for the sale or grant of certain submarginal lands located within the boundaries of Indian reservations in the States of Montana, North Dakota, and South Dakota. No expenditure of Federal funds is required

The lands affected by H. R. 3275 were purchased by the United States during the drought period in the 1930's under the so-called submarginal lands program The principles of that program included. "the retirement of lands which are submarginally suitable for cultivation, in order thereby to correct maladjustments in land use, and thus assist in controlling soil erosion, mitigating floods, conserving surface and subsurface water, and protecting the watersheds of navigable streams."

A number of particular projects were created for the retirement of privately owned farm lands within Indian reservations. A total of approximately 373,629 acres was purchased in 10 States at an average price of $4.64 per acre, or a total cost of $1,723,843. Of the total acreage, some 245.000 acres are in the States of Montana. North Dakota, and South Dakota, and would be subject to the provisions of this bill.

Management of the lands within Indian reservations declared "submarginal" by the administrators of the above-described submarginal lands program is vested in the Bureau of Indian Affairs of the Department of the Interior by Presidential order. Some of the land ordered retired from cultivation is submarginal without question. Some of it is not submarginal but on the contrary is good farming land. This is evidenced by the fact that the land was leased during the war for farming purposes.

The drought years were costly to the Western States. However, the drought taught western farmers that if proper farming practices are followed, their lands can be protected from "blowing away" and profitable crops can be raised. Much of the land declared submarginal in the 1930's is productive and safely can remain productive under the dry-farming practices now commonly followed.

Land is needed for farming by the Indians of Montana, North Dakota, and South Dakota, particularly those who are war veterans. Non-Indian veterans, also, desire land such as this which has been proved productive under proper farming practices.

A similar bill, H. R. 3153, of the Eightieth Congress, was the subject of extensive hearings, at which representatives of Indian tribes appeared in support of the legislation. H. R. 3153 passed the House and Senate but was vetoed by the President.

In his veto message on H. R. 3153, Eightieth Congress, the President questioned the advisability of a policy which would permit a local group to dispose of Federal property. The Committee on Public Lands therefore has amended H. R. 3275 by striking the provision "directing" the Secretary of the Interior to carry out the local board's recommendations. This amendment would make it possible for the Secretary to review the local board's findings and use his own discretion as to whether the board's recommendations should be put into effect.

The committee is of the opinion that this bill should be enacted in order to make certain submarginal lands in Montana, North Dakota, and South Dakota available to veterans and other land seekers. Disposition of the land would be effected by a five-man committee for each Indian reservation concerned. The committee would be composed of the chairman of the board of county commissioners, or his representative; the State conservationist of the Soil Conservation Service, or his representative; the superintendent of the Indian reservation; the chairman of the tribal council or a council member; and an honorably discharged veteran who is a resident of the area, to be chosen by the other four members of the committee.

After the committee has determined the disposition of lands under its jurisdiction, the Secretary of the Interior would be authorized to make the necessary transfer of title from the United States to the purchaser. All revenues would be divided one-fourth to the county in which the lands are located, one-fourth to miscellaneous receipts of the Treasury of the United States, and one-half to be deposited in the Treasury of the United States for the credit of the tribe of the reservation concerned.

The Committee on Public Lands unanimously recommend the enactment of H. R. 3275 as amended.

MAKING UNLAWFUL THE REQUIREMENT FOR THE PAYMENT OF A POLL TAX AS A PREREQUISITE TO VOTING IN A PRIMARY OR OTHER ELECTION FOR NATIONAL OFFICERS

JUNE 24, 1949.-Referred to the House Calendar and ordered to be printed

Mrs. NORTON, from the Committee on House Administration, submitted the following

REPORT

To accompany H. R. 3199)

The Committee on House Administration, to whom was referred the bill (H. R. 3199) making unlawful the requirement for the payment of a poll tax as a prerequisite to voting in a primary or other election for national officers, 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 6, before the period insert the words "and an impairment of the republican form of government".

Page 3, at the end of the bill add:

SEC. 6. For the purposes of this Act, the payment, levying, or requirement of a poll tax shall be construed to include any charge of any kind upon the right to vote or to register for voting, and any form or evidence of liability to a poll tax or to any other charge upon the right to vote or to register for voting.

EXPLANATION OF THE BILL

Hearings were held by the Subcommittee on Elections of the Committee on House Administration for several weeks on the bills H. R. 7, H. R. 117, H. R. 304, H. R. 364, H. R. 383, H. R. 1350, H. R. 1900, H. R. 2395, H. R. 2614, H. R. 3044, and H. R. 3199, after which they decided to defer action giving the Judiciary Committee a reasonable amount of time to act on the constitutional amendment, House Joint Resolution 214. The full committee decided on a substitute motion to report out H. R. 3199 with amendments.

Your Committee on House Administration finds that many millions of American citizens are being denied the most basic of all their political rights-the right to help choose their own elected officials

Management of the lands within Indian reservations "submarginal" by the administrators of the above-descri marginal lands program is vested in the Bureau of India of the Department of the Interior by Presidential orde the land ordered retired from cultivation is submar question. Some of it is not submarginal but on good farming land. This is evidenced by the fa was leased during the war for farming purposes. The drought years were costly to the Western drought taught western farmers that if proz are followed, their lands can be protected fro profitable crops can be raised. Much of the J in the 1930's is productive and safely car the dry-farming practices now commonly Land is needed for farming by the Dakota, and South Dakota, particular' Non-Indian veterans, also, desire lar proved productive under proper farr A similar bill, H. R. 3153, of the T of extensive hearings, at which peared in support of the legisle and Senate but was vetoed by In his veto message on H. R questioned the advisability group to dispose of Fede Lands therefore has ame "directing" the Secretar recommendations. Secretary to review t tion as to whether

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SEREQUISITE TO VOTING IN A PRIMARY CR
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sts by constitutional manate constitutions is a slow and unit is made doubly so by the fact that ved of the right of suffrage cannot vote on oration to them.

e objections, as well as a more basic one, lie against that the poll-tax restriction should be removed by an to the United States Constitution. That also is a slow ertain process, and is rendered more hazardous in a matter A us by liability to the delaying and obstructive effects of false its paganda. Beyond all this, it is needless to amend the Constitution create a power which already exists. It should not be forgotten that the evils of child labor were perpetuated for nearly 20 years because of an erroneous belief that a constitutional amendment was needed to bring them within the lawmaking powers of Congress. We should not subject the issue of the poll tax to similar delaying tactics, and thus disfranchise another entire generation of its victims.

Your committee believes that Congress is amply endowed with power to correct this evil by statute. Section 2 of article I of the Constitution, and the seventeenth amendment, taken together.