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Bear, as the beneficiary of the trust, and the Oglala Sioux Tribe, as a party to its creation and maintenance.

The record in the present case clearly indicates that termination of the trust would be contrary to the best interests of Mrs. Poor Bear. The factors of her advanced age, business inexperience, nomadic habits, and lack of interest in agricultural or grazing pursuits, and the similar factors which exist with respect to her husband, combine to impel a conclusion that Mrs. Poor Bear is not competent to handle property transactions. Since she is dependent upon the land here involved, from which she now obtains a lease income, for a portion of her livelihood, loss of the value of the land through an imprudent sale, or through the improvident use of the proceeds of a sale, would adversely affect her future security. Yet the discharge of her propery from restrictions would invite the sale of the land and the dissipation of its proceeds, by eliminating the safeguards which existing laws afford the Indians against short-sightedness on their own part or overreaching on the part of others. Particularly in the situation here involved,

I believe it would be most unwise to abrogate these safeguards. In addition, the approval of this bill might result in Mrs. Poor Bear being forced to accept whatever price is offered her for the land in order to avoid losing it through tax sale, since issuance of a patent in fee would terminate the present tax exemption.

In these circumstances it seems to me that the responsibilities of the United States for the faithful discharge of its trust obligations preclude the granting to Mrs. Poor Bear of the right to terminate at will the existing trust of the lands allotted to her.

I also wish to point out that the Congress has established, by general law, procedures under which cases such as the present may be adjusted in ways both equitable and practical, should a sale of part of the capital assets of Mrs. Poor Bear become essential for her support or for the better use of her other property. The procedures so established do not entail the disregard of Indian interests, and of Federal responsibilities for their protection, that is inherent in the present bill, however

For these reasons, I am constrained to withhold my approval from S. 499.

HARRY S. TRUMAN. THE WHITE HOUSE, February 28, 1948.

S. 499
EIGHTIETH CONGRESS OF THE UNITED STATES OF AMERICA; AT THE SECOND

SESSION, BEGUN AND HELD AT THE CITY OF WASHINGTON ON TUESDAY, THE
Sixth DAY OF JANUARY, ONE THOUSAND NINE HUNDRED AND FORTY-EIGHT

AN AOT Authorizing the issuance of a patent in fee to Mrs. Bessie Two Elk-Poor Bear Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, upon application in writing, the Secretary of the Interior is authorized and directed to issue to Mrs. Bessie Two Elk-Poor Bear, of Allen, South Dakota, a patent in fee to the northeast quarter of section 19, township 41, range 34 west, of the sixth principal meridian, South Dakota.

JOSEPH W. MARTIN, JR., Speaker of the House of Representatives

A. H. VANDENBERG,

President of the Senate pro tempore. [Endorsement on back of bill:) I certify that this Act originated in the Senate.

CARL A. LOEFFLER, Secretary. O

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COOS AND MILLICOMA RIVERS, OREG.

LETTER

FROM THE

SECRETARY OF THE ARMY

TRANSMITTING TO THE

CHAIRMAN OF THE COMMITTEE ON PUBLIC WORKS

UNITED STATES SENATE

PURSUANT TO A

RESOLUTION OF THE COMMITTEE ON COMMERCE
OF SEPTEMBER 24, 1945, A REVIEW OF REPORT

ON COOS AND MILLICOMA RIVERS, OREG.

MARCH 3 (legislative day, FEBRUARY 2), 1948.—Referred to the Committee

on Public Works and ordered to be printed with illustrations

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON : 1948

1

LETTER OF TRANSMITTAL

DEPARTMENT OF THE ARMY,

Washington, D. C., February 24, 1948. Hon. CHAPMAN REVERCOMB, Chairman, Committee on Public Works,

United States Senate. DEAR SENATOR REVERCOMB: I am transmitting herewith a report dated January 21, 1948, from the Chief of Engineers, United States Army, together with accompanying papers and illustrations, on a review of report on Coos and Millicoma Rivers, Oreg., requested by a resolution of the Committee on Commerce, United States Senate, adopted on September 24, 1945.

In accordance with section 1 of Public Law 14, Seventy-ninth Congress, copies of the proposed report of the Chief of Engineers were furnished the Governor of the State of Oregon and the Secretary of the Interior. The views of the State and of the Department of the Interior are set forth in the enclosed communications.

The Bureau of the Budget advises that there is no objection to the submission of the report to Congress. Sincerely yours,

KENNETH C. ROYALL,

Secretary of the Army.

STATE OF OREGON,
EXECUTIVE DEPARTMENT,

Salem, July 14, 1947.
Lt. Gen. R. A. WHEELER,
Chief of Engineers, War Department,

Washington 25, D. C. DEAR GENERAL WHEELER: With further reference to your letter of June 26 concerning the report on Coos and Millicoma Rivers, Oreg., I am enclosing a copy of the report of the State engineer, Mr. Charles E. Stricklin. I concur in Mr. Stricklin's approval of your report. Very truly yours,

EARL SNELL, Governor.

OFFICE OF THE STATE ENGINEER,
WATER RESOURCES DEPARTMENT,

Salem, July 11, 1947. Hon. EARL SNELL,

Governor of Oregon. DEAR GOVERNOR SNELL: Pursuant to your request, I have reviewed the proposed report of R. A. Wheeler, lieutenant general, Chief of Engineers, and the reports of the Board of Engineers for Rivers and Harbors, and of the district and division engineers, and following is a brief summary of these:

Authority: The reports were submitted in compliance with a resolution of the Committee on Commerce, United States Senate, adopted September 24, 1945, a copy of which is set forth on page 1 of the district engineer's report.

Scope of report: Limited to consideration of the feasibility of further improving Coos River and principal tributaries for navigation.

Description: Coos River is formed by the junction of the South Fork and Millicoma Rivers. From the junction Coos River flows westerly 5.3 miles to Coos Bay. Tidal effect extends 8.5 miles up Millicoma River to Allegany and up the South Fork 9.4 miles to about the settlement of Dellwood.

Tides near the mouth of Coos River have a range of 5.6 feet and an extreme range of 10 feet.

The head of navigation is considered as that of the head of tide on both tributaries.

At the entrance through Coos Bay, Coos River connects with a through channel, having a depth of 5% to 16 feet. This channel connects with an improved 24-foot ship channel in Coos Bay.

Improvement desired: Local interest at the public hearing request that the following improvement be made:

Millicoma River.-Provide a channel from mouth to Allegany 50 feet wide and 5 feet deep at mean lower low water.

South Fork.- Provide a channel from the mouth upstream for a distance of 8.7 miles of the same width and depth as for Millicoma River, and in the 0.7 mile to the head of tidewater a channel be constructed with a width of 50 feet and a minimum depth of 3.0 feet.

Coos River.- Provide a stabilized and rectified channel at the mouth of Coos Bay and a channel above 50 feet wide and 5 feet deep at mean lower low tide. Plan recommended in reports: That existing navigation projects for improvement of Coos River, Oreg., be modified to provide for dredging and construction of remedial works to obtain channels with minimum dimensions of 50 feet in width and 5 feet in depth from the mouth of Coos River to the head of navigation on Millicoma River and South Fork, except that portion of the South Fork above mile 14, for which it is stated a depth of 3 feet is sufficient.

Cost of improvement: Cost to the United States-new work, $310,000; annual operation and maintenance, $19,000.

Cost to local interest: (a) Furnish, free of cost to the United States, all lands, easements, rights-of-way, and spoil-disposal areas necessary for construction, and future maintenance of work when and as required. (6) Construct, operate, and maintain adequate terminal facilities open to all on equal terms. (c) Hold and save the United States free from any damages resulting from construction and maintenance of the improvement. (d) Annual operation and maintenance, $2.750.

Expected benefits: Benefits estimated at $80,200 annually. Estimated annual cost of operation and maintenance including 4 percent interest, $35,780, or a ratio of benefits to cost of improvements 2.24

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