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Mr. WILLAIMS, from the Committee on the Library, submitted the
[To accompany H. J. Res. 145.]
The Committee on the Library, on February 24, 1916, reported Senate joint resolution No. 93, authorizing the erection of a statue of James Buchanan, a former President of the United States, on the public grounds in the city of Washington, D. C., with an amendment striking out the site proposed and leaving the selection of a site to the Commission of Fine Arts.
In the meanwhile, House joint resolution No. 145 was passed by the House and came to the Senate and was referred June 8 to the Committee on the Library. The House resolution makes the same provision as the amendment offered from the Committee on the Library with its report on Senate joint resolution No. 93. Moreover, the Commission of Fine Arts has already acted (see letter of Col. Harts, secretary, attached) and has approved the site first suggested in both of these resolutions.
The Committee on the Library now requests leave of the Senate to withdraw its report on Senate joint resolution No. 93 and, thereupon, to report favorably House resolution No. 145 as a substitute for Senate joint resolution No. 93.
JOHN SHARP WILLIAMS, Chairman Senate Committee on the Library.
THE COMMISSION OF FINE ARTS,
Hon. BLAIR LEE,
United States Senate, Washington, D. C. MY DEAR SENATOR LEE: Gen. Lawrason Riggs, of Baltimore, has shown me your letter of the 31st ultimo with regard to the location of the Buchanan Memorial. In reply to your inquiry as to the location of this memorial, I beg to state that the original suggestion of placing this memorial in the southern end of Meridian Hill Park was
made by the Commission of Fine Arts as being an appropriate place for the structure, and since that time plans have been prepared with this end in view. These plans have been approved by the Commission of Fine Arts, and the preliminary design for the monument itself has also been favorably acted on by that body.
You will therefore see that not only the design but the location in the lower end of Meridian Hill Park has therefore received the approval of the Commission of Fine Arts, so that so far as its action goes these questions seem to be satisfactorily answered. If I can be of any further assistance to you in this matter, I shall be very glad to do so.
WM. W. HARTS, Colonel, United States Army.
Mr. GRONNA, from the Committee on Indian Affairs, submitted the
[To accompany S. 583.]
The Committee on Indian Affairs, to whom was referred the bill (S. 583) relating to the disposal of coal and mineral deposits in Indian lands, having carefully examined the same, report said bill favorably and recommend its passage.
This bill is the same as S. 587, Sixth-third Congress, which was referred to this committee and reported favorably.
The following extract from said report and the recommendation of the Secretary of the Interior on S. 587, Sixty-third Congress, is pertinent to the present proposed law, as S. 583, Sixty-fourth Congress, is a copy of S. 587, Sixty-third Congress, viz:
The coal deposits and deposits of other minerals in the lands which this bill will affect belong to the Indians, and the Indians should have the benefit of the proceeds from such deposits, whether such deposits are disposed of by sale, or by leasing, or by any other method. This bill is not merely declaratory of the purpose of the Government to hold such deposits in trust for the Indians, but would also prevent the disposal, inadvertently or otherwise, of such deposits so as to deprive the Indians of the proceeds rightfully theirs.
The bill has been submitted to the Department of the Interior, and there is appended hereto and made a part of this report a letter from the First Assistant Secretary of the Interior relative to the bill.
DEPARTMENT OF THE INTERIOR,
MY DEAR SENATOR: The department is in receipt of a letter from Hon. William J. Stone, formerly chairman of the Committee on Indian Affairs, United States Senate, dated February 10, 1914, transmitting for report a copy of Senate bill 587, Sixty-third Congress, first session, relating to the disposition of funds derived from the sale of coal and other mineral deposits in surplus Indian lands or from the leasing or working of such deposits.
This proposed legislation provides that coal and other minerals in surplus Indian lands shall inure to the benefit of the Indians to whom such lands belong, and "all
proceeds arising from the disposal of such coal or mineral deposits, or from the leasing or working thereof, shall be deposited in the Treasury of the United States and shall be applied in the same manner as the proceeds derived from the disposal of the lands contained in the reservation within which such coal or mineral deposits are located." The department can see no objection to the legislation proposed. It may be pointed out in this connection, however, that bills now pending in the Congress, viz, Senate 757, Senate 2651, and House 4988, Sixty-third Congress, first session, on some of which report has been made, contain substantially the same provision found in Senate 587. Cordially, yours, A. A. JONES, First Assistant Secretary.
Hon. HENRY F. ASHURST,
Chairman Committee on Indian Affairs,
United States Senate.
This bill was submitted to the Secretary of the Interior by your Committee on Indian Affairs on January 10, 1916, and his recommendation in its favor is as follows:
DEPARTMENT OF THE INTERIOR,
MY DEAR SENATOR: Further reference is had to your letter of January 10, 1916, transmitting a copy of Senate 583, relative to the disposition of coal and mineral deposits in Indian lands and requesting my views on the bill.
In this connection, I invite your attention to Senate 40, Sixty-fourth Congress, first session, introduced by Senator Smoot, entitled "A bill to authorize agricultural entries on surplus coal lands in Indian reservations."
As it appears that the purpose of Senate 583 will be substantially accomplished by Senate 40, which I have recommended be enacted into law, I see no necessity for taking further action on Senate 583.
Hon. H. F. ASHURST,
FRANKLIN K. LANE, Secretary.
United States Senate.
Chairman Committee on Indian Affairs,
The Smoot bill (S. 40, 64th Cong., 1st sess.), referred to by the Secretary of the Interior in his letter to the chairman of the Committee on Indian Affairs on February 19, 1916, provides:
That in any Indian reservation heretofore or hereafter opened to settlement and entry pursuant to a classification of the surplus lands therein as mineral and nonmineral, such surplus lands not otherwise reserved or disposed of, which have been or may be withdrawn or classified as coal lands or are valuable for coal deposits, shall be subject to the same disposition as is or may be prescribed by law for the nonmineral lands in such reservation whenever proper application shall be made with a view of obtaining title to such lands, with a reservation to the United States of the coal deposits therein and of the right to prospect for, mine, and remove the same: Provided. That such surplus lands, prior to any disposition hereunder, shall be examined, separated into classes the same as are the nonmineral lands in such reservations, and appraised as to their value, exclusive of the coal deposits therein, under such rules and regulations as shall be prescribed by the Secretary of the Interior for that purpose.
SEC. 2. That any applicant for such lands shall state in his application that the same is made in accordance with and subject to the provisions and reservations of this act, and upon submission of satisfactory proof of full compliance with the provisions of law under which application or entry is made and of this act shall be entitled to a patent to the lands applied for and entered by him, which patent shall contain a reservation to the United States of all the coal deposits in the lands so patented, together with the right to prospect for, mine, and remove the same.
SEC. 3. That if the coal-land laws have been or shall be extended over lands applied for, entered, or patented hereunder the coal deposits therein shall be subject to disposal by the United States in accordance with the provisions of the coal-land laws in force at the time of such disposal. Any person qualified to acquire coal deposits or the right to mine and remove the coal under the laws of the United States shall have the right at all times to enter upon the lands applied for, entered, or patented under this act for the purpose of prospecting for coal thereon, if such coal deposits are then subject to disposition, upon the approval by the Secretary of the Interior of a bond or under
taking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting. Any person who has acquired from the United States the coal deposits in any such lands, or the right to mine or remove the same, may reenter and occupy so much of the surface thereof as may be required for all purposes reasonably incident to the mining and removal of the coal therefrom, and mine and remove the coal, upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and fix said damages: Provided, That the owner under such limited patent shall have the right to mine coal for personal use upon the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits: Provided further, That nothing herein contained shall be held to deny or abridge the right to present and have prompt consideration of applications made under the applicable land laws of the United States for any such surplus lands which have been or may be classified as coal lands with a view of disproving such classification and securing a patent without reservation.
SEC. 4. That the net proceeds derived from the sale and entry of such surplus lands in conformity with the provisions of this act shall be paid into the Treasury of the United States to the credit of the same fund under the same conditions and limitations as are or may be prescribed by law for the disposition of the proceeds arising from the disposal of other surplus lands in such Indian reservation.
This bill makes no provision for the disposition of coal or other minerals upon Indian lands. It only provides for the sale of coal lands upon Indian reservations under the provisions of the coal-land laws of the United States.