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hunt-vhgl H. R. 6030

House Ceamittee on Interior and


Insular affairs
134, Nvw House Office Building
Tuesday, January 22, 1952

The committee met, pursuant to call, at 10:08 o'clock,

aim., the Honorable John R. Murdock (Chairman) presiding.

The Chairman: The committee will please be in order.

We villopen our session to consider tenbills which have

been acted upon by various subcommittees of this committee, and

reported to the full committee for action.

I am delighted that so many are In attendance -- not quite

complete attendance -- but one or two have stepped in and

said they must be away or a few minutes to attend another

mending, but will report in just a few minutes from those

other meetings.

I hopeve are all suvivingthe too short vacation of 60 days

or less; that we all have returned from our various extensive

trips, attempting to cover in small part the wide jurisdiction

of this committee.

I assure you that the Chairman of the Committee has been

interested in not onx your programs but your generalhealth,

comfort and safety in these rather strenuous trips to all parts

of the earth on committee business.


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.2 Naturally, I shall call on you not enlyfor the official,

formal, written reports, but I am looking forward at the

first opportunity toward having summary reports, perhaps orally

given and briefed so that we may be enticed the more readily to tbh

reading of the wItten reports when they cone in.

This vill be a short session of Congress, no doubt, which

mesas, of course, that a great deal of work will be crowded

into less time than ve formerly had.

For that reason I hops we are organized in such a vay and

prompted by such seal that we can accomplish a maximum result

in the minimum of time in this session.

We have, as I say, ten bills, and I find that the last

of the list,H,R. 6030, coming as the tenth because it is the

newest or youngest bill,but for reasons I would like unanimous

consent tha'~ e may proceed with this bill, in this manner, if

that is your wish, Mr. Berry.

Mr. Berry. Thank you, Mr. Chairman. It is my wish. Should

I explain breifly what the bill does?

The Chairman. Let's ask the Chatman of the subcommittee

to do that, ifyou please. Judge Merris.

Mr. Morris. If it is satsiffactory me if Mr. Berry wants

to do it. However, I have a short statement I will read to the

committee because I believe it would be clearer than the

statement I might make. It has to be short. Here it is:

The bill authorizes a nine-month time extension for the


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negotiation of settlement contracts by the Secretary of the

Interior, Chief of Engineers, Department of the Army and the

Indians of North and South Dakota whose lands will be inundated

upon completion of construction of the Ohavahe Dam and

Reservoir in the Missouri River.

Under Public Law 870, 81st Ckngress, all contracts for the

settlement of contra( claims of Indians because of loss of

land resulting from construction of the dam, works which

have been negotiated and approved within 18 months of date

of encactment, therefore under sutch lay the negotiation period

vill expire on March 31 of this year.

A time extension has been requested, and that is all this

bill is about, just extending the time to negotiate -- a time

extension has been requested by the Indians and agreed to by the

Army engineers, and the Department of the Interior. S,'-

an extension is necessary primarily due to the fact that

certain errors in land description have been made whichmust

be corrected.

To accomplish such c6arections additional surveys,

appraisals, and so forth, must be made, making it impossible

to complete contact negotiations before March 31, 1952.

In view of the ciumastances stated above, the committee,

or subcommittee, felt that prpmpt action of the legitation

is necessary. The committee also unanimously reported the

passage of the till.


In substance, it isjust this: an extension of the time in

which to negotiate, and that extensionof time has been

agreed upon by all interested parties. After we passed it out of

the subcommittee, an attorney, Mr. Curry, representing one of the

tribes, came in with a statement hat he had been in touch with

his group and they we asking for a year instead of

nine months.

Nov,Mr. Berry,the author of the bill, tells me that

in themeantime he understands then is an agreement on the part

of all of them to make it ten months, to compromise on ten

months.

The bill provides now nine anths. Mr. Curry's group asked

Sfor a year and I understand there is an agreement now that ten

months is a good period of time to extend it, and that is the

matbr that iskbfore the committee.

TheChairman: Congressman Berry, do you wish to add

to that statement or colfrm it?

Mr. Berry. Just to say that I understand that I talked

with Mr. Curry, representing the standing-room group, and they

would prefer 12 months' extension,but are agreeable to the tn

months and at the proper time I will offer that, if you will

Please offer an amendment changing the last line from 27 to

28 rths.

Mr. Morris. Either one of us may do that, Mr. Berry.

Since you are the author to the bill I suggest you make the
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motion. I ask that the parties be notified so there can be

no possible question about that.

Mr. Curry, do you have any statement to make now in

* regard to that period of time, whether it should be a year,

ten rnths, or what the attitude of your group is in that?

Mr. Curry. Mr. Chairman and Mr. Morris, the council is

still on record as asking for 12 months, but the important

thing that they had in mind was that the deadline should fall at

a time when Congress is in session, ad not on the 31st of December,

when everybody is celebrating New Year's, and that the Congress

should have an opportunity to tend the time further if they want

to.

Therefore, the princle that the tribe is seeking is

established by the ten-month extension, and while they are still

on record for the 12 months' extension I wouldn't want to delay

a report by this committee now by arguing about the difference

between 10 and 12 is trivial.

The difference between 9 and 12 is very important.

Mr.Morris. All right.

Mr. Engle. How near are they out of time new?

Mr.Morris. They have until the 31st of March under existing

a law, but it is appArant to everybody they can't possibly complete

by the 31st, so it is emergency legislation and ought to be

moved on.

May I make, in observation in that respect? I have


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discussed it with Mr. Berry and he said that he thought that

the Army Engineers and the tEureau, or the Interior Department,

void have a report ready this morning, but I have uired and

0 they do not have it as yet, Mr. Berry.


Mr. Berry. My understanding, Mr. Chatman, is that both of

them are held up getting through thehurdle of the budget

Bureau. Both have prepared the recommendation, and sent them down,

but both recommendations are held in the Budget Bureau and

both should be here, because there is no reason why there should

be ahy objection on the part of the Budget Bureau,

Mr. Morris. Just tis last statement, Mr. Chairman:

Ordinarily, I do not ask that a bill coming from my

Subcommittee be reported out of the full committee without the

reports, and that is the custom.

We n early always require the reports here,but in view of the

fact that this is emergency legislation, andin view of te fact

the reports will no doubt behere before it is presented on the

consent calendar or whatever it eight be, I think we should

move the matter along.

The Chairman. We are nov ready for a reading of the bill

and amendments.

Mr. Engle. I ask unanimous consent the bill be cornddered

as read for amendment and further unanimous consent that the

bill be amended to provide for ten months' extension rather than

nine, further unanimous consent that the bill be reported, subject


to the filing of the reports prior to its prevention

on the consent calendar.

The Chairman. That is quite a motion.


SMr. Engle. That is a unanimous consent request.

Mr. Aspinall. I wish you would explain that last, please,

sir.

Mr. Saylor. Reserving the right to object, and I will

not object, I just want to ge' one point clear in the mind

ofthe committee:

It seems tome that it is very evident from the statemet

that has just been made here by the representative of one

of the tribes that they aren't going to try and settle this thing

in ten months. If we give them ten months or a year or

anything else. If that is the attitude, I don't think tht we

should go along with extending it at all. After all, if this

committee is willing to giver them ten months to extend this con-

tract and they come out here and before it is enacted say that

they want it to follow on a day when Congress is In session so


that they can have it extended again, and not on New Year's
Eve when everybody is out celebrating --

Mr. Regan. If you will yield --

a Mr. Saylor. Yes,sir.

Mr. Regan. I understood that was what they were going

to celebrate.

Mr. Saylor. I have no objection, except that I think that


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the committee should notify, both the council for the tribes

and the agencies of the government, that they expect this

to be done in ten months, and not to be in a position where

they are coming backin ten mchas and ask for another exten-

sion.

We should notify them now we have no intention of

attending it further than the present ten months.

Mr. Morris. Mr. Chairman, I daft want to hold this

matter up but certainly there is no disposition on my

part or Mr. Berry's, the author, or on the part of any

member of this committee at this time to anticipate any further

extension. I assure you of that.

Did you want to make a statement?

Let's get that in the raord, that is important.

Mr. Curry. I didnot intend to imply we have no

intention to finish within the time, but there is an outside

possibility that all parties would be agreed because of some

circumstance not now known, that it should be postponed and

perhaps all members of Congress would agree, and that

possibility should be provided for.

Mr. Morris. There is no anticipation at this time that

it be extended further. Of course, we don't know what the

contingencies are when we might reach them.

The Chairman. There is a unanimous consent. Without

objection --
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Mr. Aspinall. Reserving the right to object, aht multiple

req st vent a lottle too fast for me. What was the last

unanimous request that the gedasm from Calibrnia made?

Mr. Engle. The last and third portion of the unanimous

consent request was that the bill be reported without the

usual reports subject to their filing prior to the presentation

of the bill on the consent calendar which will mean that the

reports will be available for the objectors by the time it

comes on the consent calendar, a necessary premequisit to the

consideration of the bill at that time.

Mr. Aspinall. That is what I wanted understood.

The Chairman. Without objection, the unanimous ansent with

the three parts is adopted.

Mr. Engle. Now, Mr. Chairman, I will move the bill out

unless the gentlemen, our colleague, wishes to do it. I

move it as amended, Mr. Chairman. I move it be favorably

reported.

Mr. Morris. Second the motion.

The Chairman. You have heard the motion. All in favor

make the usual sign of saying "aye."

(General response "aye."

The Chairman. Opposed, "no."

The "ayes" have it unanimously.

(Whereupon, at 10:20 the committee proceeded to further

business.)