expend all or any part of the principal and accrued interest on such fund for the benefit and support of said Indians, in such manner, and at such times as in his discretion seemed proper.

Thus the Indian title has been extinguished in and to the lands involved herein.

In the said act of September 1, 1888, it was also stipulated that if said railroad company or its assigns use said right-of-way for other than railroad purposes, the said lands embraced in said right-of-way the title of same would be forfeited and revert to the United States.

The Oregon Short Line Railroad Co. on September 30, 1927, gave to the Colorado Milling & Elevator Co. a quitclaim deed to a portion of the said right-of-way, containing thirty-two one-hundredths of an acre, and the Union Pacific Railroad Co. on April 28, 1941, gave a quitclaim deed to the land last described. Subsequently, the Colorado Milling & Elevator Co. constructed large grain elevators on said tract of land.

Because of the said reverting clause contained in the said act of September 1, 1888, it is deemed necessary that this bill be enacted in order that the said deeds from the said railroad companies to the said Colorado Milling & Elevator Co. be validated.

Your committee is informed that the Secretary of the Interior recommends the enactment of this proposed legislation.

О

80TH CONGRESS 2d Session

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SENATE

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REPORT No. 1501

AUTHORIZING AN APPROPRIATION FOR PUBLIC-SCHOOL FACILITIES AT WINNEBAGO, NEBR.

JUNE 4 (legislative day, JUNE 1), 1948.-Ordered to be printed

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

REPORT

To accompany S. 1844]

The Committee on Interior and Insular Affairs, to whom was referred the bill (S. 1844), to authorize an appropriation for the construction, extension, equipment, and improvement of public-school buildings and facilities at Winnebago, Nebr., having considered the same, report thereon with the recommendation that it do pass without amendment.

The

purpose of this bill is to authorize an appropriation of $215,000 for cooperating with the public school board at Winnebago, Nebr., in the construction, extension, equipment, and improvement of the public-school facilities to be available to Indian children.

This proposed legislation is in accord with the present Indian education policy of cooperating whenever feasible with State and local public-school authorities in the schooling of Indian children.

This bill contemplates the construction of public-school buildings and the extension and improvement of existing public-school buildings of the Winnebago school district, which is situated within the boundaries of the Winnebago Indian Reservation, Thurston County, Nebr. The school buildings will be maintained by the school district and will continue to be open to both Indian and white children who reside within the district.

The Winnebago school district is located entirely within the boundaries of the Winnebago Reservation. A very small percentage of the lands situated within this school district are taxable; therefore, County and State resources are insufficient to finance such a needed building program or to warrant an attempted bond issue therefor.

The

present school buildings are now entirely made available for the children of school age residing in the district. The present enrollment consists of 167 Indian pupils and 153 white pupils.

Indian families in this jurisdiction are very desirous that the youth of their families have adequate schooling and education in the home community. It is believed by your committee that if the Indian children can reach their maturity under the supervision of the home and receive their education in the community in which they live and to which they are accustomed, their best interests will be served.

We feel that the enactment of this bill will have a marked effect on the promotion of the already well-defined educational program of the Winnebago school district.

O

JUNE 4 (legislative day, JUNE 1), 1948.-Ordered to be printed

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

REPORT

To accompany S. 21711

The Committee on Interior and Insular Affairs, to whom was referred the bill (S. 2171) to promote the interest of the Fort Hall Indian irrigation project, Idaho, and for other purposes, having considered the same, report thereon with the recommendation that it pass with the following amendments:

On page 2, line 5, after the word "duty" insert the following: "to three and one-half acre-feet without additional charge".

On page 2, line 7, strike out the last "in" and insert in lieu thereof

a comma.

On page 2, line 8, strike out the words "an amount not" and insert in lieu thereof the following: "however, in no case"

This proposed legislation was suggested by the Secretary of the Interior in a communication dated February 6, 1948, addressed to the President of the Senate, who referred the same to your committee for consideration, and after due consideration and agreeable with the request of the Secretary of the Interior, your committee authorized the introduction of a bill identical in form, excepting two minor amendments, to the draft of the proposed bill submitted by the Secretary of the Interior; thereupon a bill (S. 2171) was introduced which was referred to your committee for further consideration.

A copy of the said communication of the Secretary of the Interior, dated February 6, 1948, is attached hereto and made a part of this report, as follows:

Hon. ARTHUR H. VANDENBERG,

DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington 25, D. C., February 6, 1948.

President pro tempore, United States Senate.

MY DEAR SENATOR VANDENBERG: Transmitted herewith is a draft of bill to promote the interests of the Fort Hall Indian irrigation project in Idaho. request that the draft of bill be referred to the appropriate committee for consideration and recommend its enactment.

S. Repts., 80-2, vol. 4- -14

The proposed bill is based upon a comprehensive investigation of conditions on the Fort Hall Indian irrigation project made under the authority of the act of June 22, 1936 (49 Stat. 1803, 25 U. S. C., sec. 389). This investigation resulted in certain recommendations which, upon the advice of the Commissioner of Indian Affairs, I have disposed of in the manner indicated by the enclosed order. A number of the recommendations pertain to administrative matters which can be handled under existing laws, and these are not covered by the proposed bill.

Paragraphs II, VII, XV, and XVI of the enclosed order contain provisions canceling $2,310.21 of delinquent operation and maintenance charges and $248.69 of delinquent construction assessments against non-Indian owned lands under the Fort Hall project, making minor adjustments of irrigation charges, canceling penalties on certain past due assessments, and eliminating certain permanently nonirrigable lands from the Fort Hall project. Under section 6 of the act of June 22, 1936, my action upon these provisions of the order must be approved by the Congress before they can become effective. Section 1 of the proposed bill would confirm these provisions of the order and thereby permit them to become operative. Several other provisions of the order deal with recommendations for the betterment of conditions on the Fort Hall project which can be accomplished through legislative action by the Congress. Sections 2 through 11 of the proposed bill would establish the legal requirements and grant the appropriation authorizations requisite for the effectuation of the recommendations embraced in these provisions of the order.

Copies of a memorandum of information giving detailed information upon the various matters covered by the draft of bill, together with a copy of the report of the investigation of the Fort Hall project to which reference has been made, are enclosed for the information of the Congress.

The Bureau of the Budget has advised me that there is no objection to the presentation of this proposed legislation to the Congress.

Sincerely yours,

J. A. KRUG, Secretary of the Interior.

ORDER

Whereas the Fort Hall Indian irrigation project was constructed pursuant to authority contained in the act of Congress approved March 1, 1907 (34 Stat. 1015-1025), which act, among other things, provided that the Secretary of the Interior "* * * shall have full power to do all acts or make all rules and regulations necessary to carry out the provisions of this act relating to the foregoing irrigation system

* *

*"; and

Whereas the act of Congress approved June 22, 1936 (49 Stat. 1803), authorizes and directs the Secretary of the Interior to make investigations of conditions pertaining to non-Indian-owned lands within Indian irrigation projects and to determine whether owners of such lands are unable to pay irrigation charges, and also authorizes him, subject to the approval of Congress as provided in section 6 of the act:

(a) To make such cancellations, adjustments, or deferments of irrigation charges as the facts and conditions warrant;

*

(b) Where justified, to declare project land temporarily nonirrigable for periods not to exceed five years during which periods no charges "* * shall be assessed * * *"".

(c) To eliminate permanently nonirrigable land from the project with the consent of the landowner * * *"; and

*

(d) To make such rules and regulations as may be necessary to carry out the provisions of the act; and

Whereas pursuant to the authority contained in the said act of June 22, 1936, an investigation has been completed for the Fort Hall Indian irrigation project, Idaho, as evidenced by a two-volume report entitled "Report on Conditions Found to Exist on the Fort Hall Irrigation Project and the Fort Hall Indian Reservation, Idaho," dated February 26, 1941 (hereinafter referred to as the "report"); and

Whereas, predicated on the analysis of the conditions found to exist, there are included in volume 1 of said report 47 specific recommendations which, exclusive of recommendation No. 37 which relates to Indian-owned lands, are listed in words and figures as follows: