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The acquisition of these lands, in conjunction with privately owned tracts to be purchased under the submarginal program will meet an outstanding need of these Indians for additional grazing areas. For this reason I recommend that the

attached draft of bill receive favorable consideration.

Sincerely yours,

HAROLD L. ICKES, Secretary of the Interior.

A BILL Transferring certain national-forest lands to the Zuni Indian Reservation, New Mexico Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the lands in townships 8 and 9 north, ranges 16 and 17 west, of the New Mexico principal meridian, New Mexico, comprising the Miller Division of the Cibola National Forest, are hereby eliminated from the Cibola National Forest and withdrawn as an addition to the Zuni Indian Reservation, subject to any valid existing rights of any persons thereto.

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GRANTING SENECA NATION OF NEW YORK JURISDICTION OVER TAKING OF FISH AND GAME ON RESERVATION

MARCH 4 (calendar day, MARCH 12), 1935.-Ordered to be printed

Mr. FRAZIER, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany S. 1942]

The Committee on Indian Affairs, to whom was referred the bill (S. 1942) providing for the repeal of the act entitled "An act to grant to the State of New York and the Seneca Nation of Indians jurisdiction over the taking of fish and game within the Allegany, Cattaraugus, and Oil Spring Indian Reservations, approved January 5, 1927", having considered the same, report thereon with a recommendation that it do pass without amendment.

The Secretary of the Interior recommends the enactment of this legislation, as is evidenced by his letter of March 11, 1935, copy of which is appended hereto and made a part of this report, as follows:

Hon. ELMER THOMAS,

DEPARTMENT OF THE INTERIOR,
Washington, March 11, 1935.

Chairman Committee on Indian Affairs,

United States Senate.

MY DEAR MR. CHAIRMAN: Further reference is made to your request of February 21, for a report on S. 1942, a bill to repeal the act entitled "An act to grant to the State of New York and the Seneca Nation of Indians jurisdiction over the taking of fish and game within the Allegany, Cattaraugus, and Oil Spring Indian Reservations", approved January 5, 1927.

At the time this Department made a favorable report on the act of January 5, 1927 (44 Stat. L. 932), it was understood informally that the draft of the bill covering that legislation was prepared after an understanding between representatives of the Indians and of the State to meet a situation arising out of the fact that the State Conservation Commission had established a game preserve or sanctuary adjacent to the Cattaraugus Reservation. It was further understood that the terms of the legislation were agreeable and satisfactory to the Indians. This bill, S. 1942, is identical with S. 2425_(73d Cong., 2d sess.), on which a report was made to the Senate Committee on Indian Affairs on March 8, 1934, in which report it was said:

"As shown by Senate Report No. 1217, Seventy-second Congress, second session, hearings were held on January 25, 1933, by the Senate Committee on Indian Affairs on Senate 5302, which bill when reported to the Senate was similar to that now under consideration.

"At this hearing delegates of Indians representing the Seneca Nation residing on the Allegany, Cattaraugus, and Oil Spring Reservations were present and testified, and counselors of the Seneca Nation were also represented by counsel. Repre sentatives from the Department of the Interior were also present and testified. The testimony at the hearing revealed that the Indians desired that the act of January 5, 1927, cited be repealed."

In view of the foregoing I recommend enactment of S. 1942.

Sincerely yours,

O

HAROLD L. ICKES,
Secretary of the Interior.

74TH CONGRESS 1st Session

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SENATE

DEVELOPMENT OF MINERAL RESOURCES

REPORT No. 320

MARCH 4 (calendar day, MARCH 12, 1935).-Ordered to be printed

Mr. POPE, from the Committee on Mines and Mining, submitted the following

REPORT

[To accompany S. 1476]

The Committee on Mines and Mining, to whom was referred the bill (S. 1476) to authorize the Bureau of Mines in cooperation with relief agencies of the Federal Government to engage in mining operations as relief projects, which would be wholly or in part selfliquidating, and for other purposes, report favorably thereon, with amendments, and recommend that the bill as amended do pass.

Amendments by the committee provided that personnel appointments would not be subject to political qualification or test, and liberalized the language of the bill to permit more complete cooperation between owners of claims and the Bureau of Mines.

EXPLANATION OF BILL

SECTION 1

Section 1 enables the Director of the Bureau of Mines to engage in mining operations as subsequently provided in the bill, and provides for the transfer of such real or personal property of the United States to the Bureau of Mines as may be necessary in carrying out the act.

SECTION 2

Section 2 provides for the appointment of supervisory personnel without regard to the classified civil service laws and directs that no political test or qualification shall be permitted or given consideration.

SECTION 8

Section 3 authorized the Director of the Bureau of Mines to examine mineral deposits where he finds such examination to be necessary. In many localities there are known to be deposits of deficiency minerals, the content of which can only be determined by technical examination.

Subsection (b) authorized the Bureau of Mines to locate and operate mines for the recovery of gold and all other noncompetitive or deficiency minerals. Competitive or overdevelopment metals or minerals are specifically excluded from the operation of the act. Mines may be operated and the Bureau is authorized by subsection (b) to construct such works as may be necessary for recovering the metal. The committee has found that the United States is deficient in 18 important minerals, exclusive of gold and silver (pt. 4, sec. 3, National Resources Board report of Dec. 1, 1934). It is deemed important that the domestic supply of these minerals be located and developed for use in future national emergencies.

The committee thinks it desirable to add to the supply of monetary metals wherever possible. The purpose of operations under this bill would not be to obtain profit but to furnish employment and to obtain a return, as nearly as possible, of the costs of such operations. Careful selection of the situs of operations by the Bureau of Mines would insure this result, and claims of a marginal or submarginal naturelow-grade ore bodies-that cannot be mined at a profit by private industry could be developed under this act. However, if the Government invests a hundred million dollars in mining gold and deficiency minerals and secures only $90,000,000 worth of minerals from its operations, there would be 90 percent profit over the present relief system in which there is no return on the money expended. The construction of public works, such as roads, buildings, dams, and the like, constitute an asset, but do not make a return to the Government in any form to compare with gold and other metals included in this bill. The production of gold and other rare and valuable metals constitutes a permanent increase in the national wealth.

The Bureau of Mines is further authorized to participate or engage in mining operations in privately owned claims by contract with the owner. It is provided that the owner of a claim may not receive more than 50 percent of the net profits of the operations.

It is further authorized in this section that the Bureau of Mines may construct mills, smelters, or refineries for the development of privately owned ore bodies where it may be necessary, cost of operation and construction charges would be paid by the owner of mineral claims so developed.

SECTION 4

Section 4 states the policy of the act.

SECTION 5

Section 5 provides for cooperation with the Federal Emergency Relief Administration or other relief agency for selecting proper personnel to be employed in the mines, mills, smelters, refineries, and other works authorized by the bill.

The prevailing-wage provision is here inserted. As this work is totally different than ordinary relief work, it was deemed advisable to pay the prevailing wage. Employment would not be given for the sole reason that the applicant needed employment. The work would be conducted in an efficient manner and only qualified and able individuals could be given jobs. This removes the work from the objection heretofore voiced against payment of prevailing wages on Government relief projects.

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