Any Indian born after the date of the enactment of this bill, who is a citizen of the United States, and any child whose parent has been issued a judgment of competency, automatically would be declared competent upon attaining the age of 21 years.

Legislation of this type has been the subject of careful study for many years. A similar bill passed the House during the Eightieth Congress and was reported to the Senate, but failed to pass before adjournment.

Primarily, H. R. 2724 enables an Indian to manage his own affairs and property without affecting his membership on the tribal rolls. The Committee on Public Lands cannot see any justification for denying to our Indian citizens such citizenship privileges. At the present time our Indian citizens can be and are called upon to serve the Nation in time of war but have fewer proprietary rights than either the Negroes who were freed by the Emancipation Proclamation or alienborn persons who became naturalized citizens.

The enactment of this bill would in some degree relieve the Congress from passing on the myriad of "patent in fee" bills now introduced to authorize Indians to dispose of their lands.

As originally ntroduced H. R. 2724 provided for granting of competency judgments by the naturalization courts only. At the suggestion of the Department of the Interior, the committe. has amended the bill to give the Secretary of the Interior prior privileges of declaring an applicant competent. At hearings held on this bill, representatives of the Department of the Interior indicated that the Bureau of Indian Affairs approved the legislation if so amended.

The procedure provided for in this bill is completely voluntary. An Indian who does not desire to avail himself of the benefits of the act does not have to do so.

The Committee on Public Lands unanimously recommends the enactment of H. R. 2724 as amended.

O

CONVEYING TO THE CITY OF MILES CITY, MONT., CERTAIN LANDS IN CUSTER COUNTY, MONT., FOR USE AS AN INDUSTRIAL SITE

JUNE 27, 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. 3589]

The Committee on Public Lands, to whom was referred the bill (H. R. 3589) to convey to the city of Miles City, State of Montana, certain lands in Custer County, Mont., for use as an industrial site, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That the Secretary of the Interior be, and he hereby is, authorized and directed to convey by patent to the city of Miles City, a municipal corporation, organized and existing under the laws of the State of Montana, upon payment of a just and reasonable consideration to be determined by the Secretary, the following tracts of public land in Custer County, Montana, to wit:

Tract No. 1: Beginning at a point on the north right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad opposite Chicago, Milwaukee, St. Paul and Pacific Railroad station 3243 plus 46.07, said point being south forty-five degrees fourteen minutes east a distance of seven hundred and eighty-six and five one-hundredths feet from the rock marking the corner of sections 31 and 32, township 8 north, range forty-seven east, Montana principal meridian, and sections 5 and 6, township 7 north, range forty-seven east, Montana principal meridian; thence north forty-five degrees fourteen minutes west a distance of fifty feet; thence north forty degrees east a distance of six hundred feet; thence north twentyone degrees fourteen minutes east a distance of seven hundred and thirty-eight and seven-tenths feet; thence north forty-seven degrees sixteen minutes east a distance of two thousand seven hundred and eighty feet, more or less, to the west line of the Miles City water plant tract; thence south fifty-two degrees thirty-one minutes east a distance of four hundred and fifty-six and sixty-four one-humdredths feet, more or less, to the north right-of-way line of the Chicago, Milwaukee, St. Paul, and Pacific Railroad right-of-way; thence south forty-seven degrees sixteen minutes west along said right-of-way a distance of one hundred H. Repts., 81-1, vol. 4- -85

and sixty-eight and three-tenths feet, more or less, to the Chicago, Milwaukee, St. Paul, and Pacific Railroad station 3204 plus 00; thence south forty-two degrees forty-four minutes east a distance of fifty feet; thence south forty-seven degrees sixteen minutes west along the north right-of-way line a distance of three thousand eight hundred feet, more or less, to the Chicago, Milwaukee, St. Paul, and Pacific Railroad station 3242 plus 00; thence north forty-two degrees forty-four minutes west a distance of fifty feet; thence south forty-seven degrees sixteen minutes west a distance of one hundred and forty-six and seven one-hundredths feet, more or less, to the point of beginning and containing thirty-nine and seven onehundredths acres, more or less.

Tract No. 2: Beginning at a point on the south right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad opposite Chicago, Milwaukee, St. Paul and Pacific Railroad station 3243 plus 39.52, said point being south fortyfive degrees fourteen minutes east a distance of nine hundred and thirty-six and nineteen one-hundredths feet from the rock marking the corner of sections thirty-one and thirty-two, township eight north, range forty-seven east, Montana principal meridian; and sections five and six, townships seven north, range forty-seven east, Montana principal meridian; thence north forty-seven degrees sixteen minutes east along the south right-of-way line of Chicago, Milwaukee, St. Paul and Pacific Railroad a distance of nine hundred and thirty-nine and fifty-two one-hundredths feet, more or less, to the right-of-way jog; thence south forty-two degrees forty-four minutes east a distance of two hundred feet; thence north forty-seven degrees sixteen minutes east along the south right-of-way a distance of two thousand four hundred and eleven and fivetenths feet, more or less, to boundary of tract granted to the city of Miles City for recreational and industrial purposes; thence south sixty degrees fifteen minutes east along the boundary of said tract a distance of one thousand five hundred and sixty-six and twelve one-hundredths feet, more or less, to the southeast boundary of said tract, which point is also the north right-of-way line of United States Highways numbered 10 and 12; thence south sixty-five degrees ten minutes east across said highway a distance of one hundred and ten feet to the south right-of-way of United States Highways numbered 10 and 12; thence north twenty-four degrees fifty minutes east along said south right-of-way a distance of three hundred and ninety-one and forty-five one-hundredths feet, more or less to the point of curve highway station 207 plus 73.2; thence along the south right-of-way line of United States Highways numbered 10 and 12, along the arc of a circular curve through an angle of eight degrees twenty minutes and a radius of one thousand eight hundred and sixty feet (or chord length two hundred and seventy and four tenths feet north twenty-nine degrees east) to the intersection of said south highway right-of-way line with tract C; thence south sixteen degrees fifty minutes west along the west boundary of tract C, a distance of one thousand two hundred and sixty-seven and twenty-nine one-hundredths feet, more or less, to monument numbered 3 of tract C; thence south seventythree degrees ten minutes east a distance of one thousand seven hundred and seventy-eight and ninety-seven one-hundredths feet, more or less, to the north right-of-way line of the Northern Pacific Railway; thence south forty-one degrees thirty minutes west along the north boundary of the Northern Pacific Railway right-of-way a distance of six thousand two hundred and sixty and sixty-five one-hundredths feet, more or less, to the intersection of the south right-of-way line of the United States Highways numbered 10 and 12 with the north right-of-way line of the Northern Pacific Railway; thence northeasterly along the arc of a circular curve radius nine hundred and five feet through an angle of thirty-four degrees forty-two minutes to the end of curve highway station 145 plus 43.1; thence north twenty-four degrees fifty minutes east a distance of one thousand eight hundred and four and seven-tenths feet; thence north forty-five degrees fourteen minutes west a distance of three thousand three hundred and thirty-five feet more or less, to the point of beginning and containing three hundred and forty-three and fifty-six one-hundredths acres minus fourteen and sixty-seven one hundredths acres for highway right-of-way or a net acreage of three hundred and twenty-eight and eighty-nine one-hundredths acres, more or less.

Tract No. 3: Beginning at a point on the south right-of-way line of the Northern Pacific Railway, said point being south forty-five degrees six minutes thirty-three seconds east a distance of twelve and eighty-one one-hundredths feet from the quarter corner of section five and section eight, township 7 north, range fortyseven east, Montana principal meridian; thence north forty-one degrees thirty minutes east along the south right-of-way line of the Northern Pacific Railway a distance of five thousand one hundred and eighteen and sixty-seven one-hun

dredths feet; thence south forty-eight degrees thirty minutes east a distance of five hundred feet; thence south forty-one degrees thirty minutes west a distance of five thousand one hundred and forty-eight and three tenths feet; thence north forty-five degrees six minutes thirty-eight seconds west a distance of five hundred and eighty-seven one-hundredths feet to the point of beginning and containing fifty-eight and ninety-two one-hundredths acres, more or less.

Said patents shall contain a reservation to the United States of all gas, oil, coal, and other mineral deposits as may be found in such lands and the right to the use of the lands for extracting and removing same.

SEC. 2. Upon conveyance of the above-described tracts the Secretary of the Interior is authorized and directed to grant the city of Miles City an easement for right-of-way purposes to the following-described tract of public land, to wit:

Beginning at a point on the southwesterly boundary of the proposed industriai site, said point being south forty-five degrees fourteen minutes east four thousand forty-seven and eighty-one one-hundredths feet, more or less, from the rock marking the corner of sections thirty-one and thirty-two, township eight north, range forty-seven east, and sections five and six, township seven north, range forty-seven east; thence south twenty-four degrees fifty minutes west parallel to the United States Highways Numbered 10 and 12 and one hundred feet at right angles thereto a distance of one thousand eight hundred and eighty and eighty-six one-hundredths feet, more or less, to the end of curve highway station 145 plus forty-three and onetenth; thence along the arc of a circular curve with a radius of one thousand one hundred and fifteen feet through an angle of thirty-six degrees fifty-five and onehalf minutes or an arc length of seven hundred eighteen and sixty-one one-hundredths feet, more or less, to the section line; thence south one hundred forty-five and thirty-five one-hundredths feet, more or less, to the north right-of-way line of the Northern Pacific Railway; thence north forty-one degrees thirty minutes east along said north railroad right-of-way line to the present north highway right-of-way line; thence along the north highway right-of-way line to the intersection of the southwesterly boundary of the proposed industrial site; thence north forty-five degrees fourteen minutes west a distance of one hundred six and thirtyseven one-hundredths feet to the point of beginning and containing fourteen and sixty-seven one-hundredths acres, more or less.

EXPLANATION OF THE BILL

As amended, H. R. 3589 provides for the sale by the Secretary of the Interior of approximately 425 acres of public land to the city of Miles City, Mont., for use as an industrial site. No appropriation of Federal funds is required.

Although Miles City is the trading and marketing center for the agricultural area of southeastern Montana, its industrial development has been deterred by the lack of land on which new industries may locate. Because of its central location, excellent transportation facilities and natural resources, Miles City is ideally located for various types of industries. Several concerns have expressed interest in locating there but the city cannot offer them room for expansion and suitable industrial sites.

Because of the Yellowstone River on the north and foothills on the south, Miles City can expand only to the east or to the west. The lands to the east are the scene of widespread residential development. A veterans' hospital also is being constructed there. This means that the city must look westward for industrial development.

The only suitable land for expansion is held by the Department of Agriculture as a range livestock experiment station. The station area includes 57,000 acres, all in one block of land. H. R. 3589 proposes that of this land the 425 acres adjacent to Miles City be sold to the city at a price to be determined by the Secretary of the Interior. No buildings or facilities stand upon the land covered by this bill, other than that it is fenced. The land is used only for intermittent grazing.