ENEWETAK- -CLEANUP, $20,000,000

The Defense Nuclear Agency requested $14,100,000 as the first increment of a $40,000,000 effort to clean up the physical and radioactive debris left by the nuclear testing program on Enewetak Atoll.

The Senate agreed to a one time authorization of $20 million under the assumption that the work would be done by U.S. military engineers. The House agreed to the request as submitted.

The Conferees, after much discussion, authorized $20,000,000. Since the Conferees fully expect the Department of Defense to minimize the total cost through the use of Army engineers and/or Navy Seabees and by limiting the scope of the cleanup as much as possible within the constraints of radiation exposure as set out by the appropriate Federal agency, it was agreed that the target of $20 million for the complete project should be established by the Department of Defense.

The House receded.

TITLE V-FAMILY HOUSING

The Department of Defense presented an authorization request for appropriations for military family housing totaling $1,639,876,000. This was for 3,444 units of new construction, improvements to existing housing, operations and maintenance, debt payment, etc. Included in this request was $310,639,000 for the transition period of July 1 through September 30, 1976. The request included a Defense proposal to move to a cost limit on new construction of $24 per square foot to the five foot line, vice traditional limitations on construction in terms of average unit price.

The House authorized 3,044 units of new construction and the Senate 3,043 of that requested plus an additional 150 units for Portsmouth, New Hampshire. The House did not approve unit pricing limitations based on square footage and in lieu thereof approved an average unit price of $35,000 in CONUS and $45,000 in overseas areas. Alaska and Hawaii. The Senate approved the Department's request for the $24 per square foot cost but to include design, supervision, inspection, and overhead costs.

In Conference, the Conferees agreed to authorize 3,031 family housing units at an average cost of $35,000 for the United States (except Alaska and Hawaii) and at $45,000 in other areas. The Conferees agreed to a new total for the family housing program of $1,642,883,000 to include the original amount requested for the transition period.

In light of the substantial backlog of deferred maintenance, the House included an additional $25,000,000 to assist the Department in preserving the existing capital plant. In Conference the Senate receded and the amount was authorized with the understanding that the $25,000,000 be used only for reducing the maintenance backlog and not be diverted in any way to other operational uses authorized under this section.

On this condition, the Senate receded.

The House included in its approval, inclusion of Guam with the higher leasing cost limitations on the domestic leasing program. While

the Senate approved the leasing request as proposed by the Department, the Senate receded in Conference to permit the inclusion of Guam with the higher limitations.

The Department proposed legislation to permit it to waive the prohibition on air conditioning housing in Hawaii under certain conditions. Although both the House and Senate agreed waivers should be allowed, the House approved such action subject to the approval of the Armed Services Committees; the Senate approved the Defense request. In Conference, the House receded to the Senate's position with the understanding that if air conditioning is allowed, the Department of Defense will notify the Committees of such action.

TITLE VI-GENERAL PROVISIONS

The Senate retained language in Section 603 regarding cost variations that had appeared in previous construction bills.

The House in an effort to reduce the number of deficiency authorizations revised the language. The revised House language had two major impacts: (1) the requirement for a deficiency authorization at installation level was replaced by a requirement to notify the Armed Services Committees and obtain approval or wait 30 days, and (2) the flexibility that the Services had to vary individual projects was reduced from 25 percent to 10 percent.

The Conferees agreed that the requirement to wait a year for a deficiency authorization was counter-productive and costly. However, the restraints imposed on projects by the revised House language were considered too restrictive, so the Conferees agreed on the modified language as contained in this report.

Section 606 provides unit cost limitations on the construction of bachelor enlisted quarters and bachelor officer quarters. The Senate bill authorized $39.50 and $42.50 per square foot, respectively. The House bill authorized $35 and $37 per square foot, respectively, which represented a 12 percent increase over the current limitations to compensate for inflationary cost increases during the past twelve months.

Insisting on their position in Conference, the House Conferees pointed out that the unit cost limitations have been increased each year since 1971 for a cumulative increase over that four-year period of more than 54 percent.

The Senate receded.

The Conferees noted and endorsed the comments in the Senate report regarding the organization of the Administration's bill and directed that for future requests the Department of Defense (1) refrain from the use of omnibus lines except where necessary and with prior approval of the Armed Services Committees, (2) minimize the use of "phased" and "incremented" projects, and (3) include all construction for Defense agencies under the Defense title of the bill.

94TH CONGRESS 1st Session

SENATE

{

REPORT No. 94-377

THE INDIAN SUBMARGINAL LANDS TRANSFER ACT

SEPTEMBER 17 (legislative day), SEPTEMBER 11, 1975.-Ordered to be printed

Mr. ABOUREZK, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany S. 1327]

The Committee on Interior and Insular Affairs, to which was referred the bill (S. 1827) to declare that certain submarginal land of the United States shall be held in trust for certain Indian tribes and be made a part of the reservations of said Indians, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. The amendment is as follows:

Strike all after the enacting clause and insert the following: That (a) except as hereinafter provided, all of the right, title, and interest of the United States of America in all of the land (including the improvements now thereon) which was acquired under title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115), and section 55 of the Act of August 24, 1935 (49 Stat. 750, 781), and which is now administered by the Secretary of the Interior for the use and/or benefit of an Indian tribe identified in section 2 of this Act, together with all minerals underlying any such land however acquired or owned by the United States, is hereby declared to be held by the United States in trust for such tribe, and (except in the case of the Cherokee Nation) shall be a part of the reservation established for such tribe.

(b) The property conveyed by this Act in trust for the Oglala Sioux Tribe shall be subject to the appropriation or disposition of any of the lands, or interests therein, within the Pine Ridge Indian Reservation, South Dakota, as authorized by the Act of August 8, 1968 (82 Stat. 663). The property conveyed by this Act in trust for the Bad River Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin shall be subject to a reservation in the United States of a right to prohibit or restrict improvements or structures on, and to continuously or intermittently inundate or otherwise use, lands in sections 25 and 26, township 4 north, range 3 west, at Odanah, Wisconsin, in connection with the Bad River flood control project as authorized by section 203 of the Act of July 3, 1958 (72 Stat. 297, 311). This Act shall not convey the title to any part of the lands, or any interest therein, which prior to enactment of this Act has been included in the authorized water resources development projects in the Missouri River basin as authorized by section 203 of the Act of July 3, 1958 (72 Stat. 297, 311), as amended and supplemented.

SEC. 2. The Secretary of the Interior shall publish in the Federal Register the boundaries and descriptions of the lands conveyed by this Act. The lands are generally described as follows:

SEC. 3. (a) All of the right, title, and interest of the United States in all the minerals, including gas and oil, underlying the submarginal lands declared to be held in trust for the Stockbridge Munsee Indian Community by the Act of October 9, 1972 (86 Stat. 795) are hereby declared to be held by the United States in trust for the Stockbridge Munsee Indian Community.

(b) Section 2 of the Act of October 9, 1972 (86 Stat. 795), is hereby repealed. (c) Section 5 of the Act of October 13, 1972 (86 Stat. 806), relating to the Burns Indian Colony, is amended by striking the words "conveyed by this Act" and inserting in lieu thereof the words "conveyed by section 2 of this Act".

SEC. 4. (a) Nothing in this Act shall deprive any person of any valid existing right of use, possession, contract right, interest, or title he may have in the land conveyed, or of any existing right of access to public domain lands over and across the land conveyed, as determined by the Secretary of the Interior. All existing mineral leases, including oil and gas leases, which may have been issued or approved pursuant to section 5 of the Mineral Leasing Act for Acquired Lands of August 7, 1947 (61 Stat. 913, 915), or the Mineral Leasing Act of 1920 (41 Stat. 437), as amended, prior to enactment of this Act, shall remain in force and effect in accordance with the provisions thereof. Notwithstanding any other provision of law, all applications for mineral leases, including oil and gas leases, pursuant to such Acts, pending on the date of enactment of this Act and covering any of the minerals conveyed by sections 1 and 3 of this Act shall be rejected and the advance rental payments returned to the applicants.

(b) Subject to the provisions of subsection (a) of this section, the property conveyed by this Act in trust for an Indian tribe shall hereafter be administered in accordance with the laws and regulations applicable to other property held in trust by the United States for such Indian tribe, including, but not limited to, the Act of May 11, 1938 (52 Stat. 347), as amended.

SEC. 5. (a) Any and all gross receipts derived from, or which relate to, the property conveyed by this Act, the Act of July 20, 1956 (70 Stat. 581), the Act of August 2, 1956 (70 Stat. 941), the Act of October 9, 1972 (86 Stat. 795), and section 1 of the Act of October 13, 1972 (86 Stat. 806), which were received by the United States subsequent to its acquisition by the United States under the statutes cited in section 1 of this Act and prior to the conveyance in trust, from whatever source and for whatever purpose, including but not limited to the receipts in the special fund of the Treasury as required by section 6 of the Mineral Leasing Act for Acquired Lands of August 7, 1947 (61 Stat. 913, 915), shall as of the date of enactment of this Act be deposited to the credit of the Indian tribe receiving such land and may be expended by such tribe for such beneficial