Reservation: Provided [further,] That Reservation: Provided, That damages damages shall be paid to the [Papago Tribe] for loss of any improvements on any land located for mining in such a sum as may be determined by the Secretary of the Interior [but not to exceed the cost of said improvements:] Provided further, That a yearly rental not to exceed five cents per acre shall be paid to the [Papago Tribe] for loss of the use or occupancy of any land withdrawn by the requirements of mining operations, [and payments derived from damages or rentals shall be deposited in the Treasury of the United States to the credit of the Papago Tribe: Provided further, That] in the event any person or persons, partnership, corporation, or association, desires a mineral patent, according to the mining laws of the United States, he or they shall first deposit in the Treasury of the United States to the credit of the Papago Tribe the sum of $1.00 per acre in lieu of annual rental, as hereinbefore provided, to compensate for the loss or occupancy of the lands withdrawn by the requirements of mining operations: Provided further,] That [patentee] shall also pay [into the Treasury of the United States to the credit of the Papago Tribe] damages for the loss of improvements not heretofore paid in such a sum as may be determined by the Secretary of the Interior, [but not to exceed the cost thereof; the payment of $1.00 per acre for surface use to be refunded to patentee in the event that patent is not acquired.] shall be paid to the superintendent or other officer in charge of the reservation for the credit of the owner thereof, for loss of any improvements on any land located for mining in such a sum as may be determined by the Secretary of the Interior to be the fair and reasonable value of such improvements: Provided further, That a yearly rental not to exceed 5 cents per acre shall be paid to the superintendent or other officer in charge of the reservation for deposit in the Treasury of the United States to the credit of the Papago Tribe for loss of the use or occupancy of any land withdrawn by the requirements of mining operations. (2) In the event any person or persons, partnership, corporation, or association desires a mineral patent, according to the mining laws of the United States, he or they shall first pay to the superintendent or other officer in charge of the reservation, for deposit in the Treasury of the United States to the credit of the Papago Tribe, the sum of $1 per acre in lieu of annual rental, as hereinbefore provided, to compensate for the loss of the use or occupancy of the lands withdrawn by the requirements of mining operations; but the sum thus deposited, except for a deduction of rental at the annual rate hereinbefore provided, shall be refunded to the applicant in the event that patent is not acquired: Provided, That an applicant for patent shall also pay to the superintendent or other officer in charge of the said reservation for the credit of the owner thereof damages for the loss of improvements not theretofore paid, in such a sum as may be determined by the Secretary of the Interior to be the fair value thereof. (3) Water reservoirs, charcos, water holes, springs, wells, or any other form of water development by the United States or the Papago Indians shall not be used for mining purposes under the terms of this Act, except under permit from the Secretary of the Interior approved by the Papago Indian Council: Provided, That nothing herein shall be construed as interfering with or affecting the validity of the water rights of the Indians of this reservation: Provided further, That the appropriation of living water heretofore or hereafter affected by the Papago Indians is hereby recognized and validated subject to all the laws applicable thereto. Nothing herein contained shall restrict the granting or use of permits for easements or rights-of-way; or ingress or egress over the lands for all proper and lawful purposes; and nothing contained herein, except as expressly provided, shall be construed as authority for the Secretary of the Interior, or any other person, to issue or promulgate a rule or regulation in conflict with the Executive order of February 1, 1917, creating the Papago Indian Reservation in Arizona or the Act of February 21, 1931 (46 Stat. 1202). о (4) Nothing herein contained shall restrict the granting or use of permits for easements or rights-of-way; or ingress or egress over the lands for all proper and lawful purposes; and nothing contained herein, except as expressly provided, shall be construed as authority for the Secretary of the Interior, or any other person, to issue or promulgate a rule or regulation in conflict with the Executive order of February 1, 1917, creating the Papago Indian Reservation in Arizona or the Act of February 21, 1931 (46 Stat. 1202). BRIDGE ACROSS THE MISSOURI RIVER AT OR NEAR POPLAR, MONT. MAY 28, 1937.-Referred to the House Calendar and ordered to be printed Mr. O'CONNELL of Montana, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 6496] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 6496) granting the consent of Congress to the State of Montana, or the counties of Roosevelt, Richland, or McCone, singly or jointly, to construct, maintain, and operate a free highway bridge across the Missouri River, at or near Poplar, Mont., having considered the same, report thereon with a recommendation that it do pass. The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached. WAR DEPARTMENT, April 29, 1937. Respectfully returned to the chairman, Committee on Interstate and Foreign Commerce, House of Representatives. So far as the interests committed to this Department are concerned, I know of no objection to the favorable consideration of the accompanying bill (H. R. 6496, 75th Cong., 1st sess.), granting the consent of Congress to the State of Montana, or the counties of Roosevelt, Richland, and McCone, singly or jointly, to construct, maintain, and operate a free highway bridge across the Missouri River, at or near Poplar, Mont. HARRY H. WOODRING, Hon. CLARENCE F. LEA, DEPARTMENT OF AGRICULTURE, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. LEA: Careful consideration has been given to the bill H. R. 6496, transmitted with your letter of April 20 with request for a report thereon and such views relative thereto as the Department might desire to communicate. This bill would grant the consent of Congress to the State of Montana, the counties of Roosevelt, Richland, and McCone, or any of them, to construct, maintain, and operate a free highway bridge and approaches thereto across the Missouri River, at or near Poplar, Mont. Favorable action on the bill is recommended. In compliance with postscript attached to your communication, the Department will disregard your previous request for a report on H. R. 6396. Sincerely, M. L. WILSON, Acting Secretary о LEGALIZING A DIKE IN THE MISSOURI RIVER AT PIERRE, S. DAK. MAY 28, 1937.-Referred to the House Calendar and ordered to be printed Mr. EICHER, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 6693] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 6693) to legalize a dike in the Missouri River 6% miles downstream from the South Dakota State highway bridge at Pierre, S. Dak., having considered the same, report thereon with a recommendation that it do pass. The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached. WAR DEPARTMENT, Hon. CLARENCE F. LEA, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. DEAR MR. LEA: I refer to your letter of April 28, 1937, requesting the views of the Department on the advisability of the enactment of H. R. 6693, Seventyfifth Congress, first session, entitled "A bill to legalize a dike in the Missouri River six and nine-tenths miles downstream from the South Dakota State highway bridge at Pierre, South Dakota." Pursuant to the provisions of section 10 of the River and Harbor Act approved March 3, 1899, the Department on October 3, 1933, authorized the construction by the South Dakota State Highway Commission of a dike in the Missouri River, left bank, at mile 1,168.1 above the mouth and 5.9 miles downstream from the highway bridge at Pierre, S. Dak., in accordance with plans presented by the Commission. A recent inspection has disclosed that the dike was actually located a mile downstream from the site for which the construction was authorized. Technically speaking, therefore, the dike was not lawfully constructed on plans recommended by the Chief of Engineers and authorized by the Secretary of War. It is unobjectionable so far as the interests of navigation are concerned. The bill H. R. 6693 has for its purpose the remedy of this technical departure from the law. Insofar as the interests committed to this Department are concerned there is no objection to the favorable consideration by Congress of House bill 6693. Sincerely yours, MALIN CRAIG, Acting Secretary of War. |