including the larger European countries, are now, through membership on tnis International Committee and official representation at international conferences on private aerial law, actively engaged in the gradual adoption of a comprehensive code of private aerial law.

If the Government of the United States were not handicapped in its efforts to have American experts participate in tnis codification of private aerial law because of the fact that there have been no funds available to pay the expenses of the American experts on the International Committee, it would have a much greater influence in the development of a code of private air law by the adoption of international conventions. Active participation by the American experts in the work of the International Committee would, it is believed, result in the final adoption of conventions that would be more likely to meet our views and requirements than conventions adopted without the participation of American experts in the preparation of preliminary draft conventions or consideration at international conferences.

As stated herein, there have been two international conferences on private aerial law at whicn final action has been taken on draft international conventions prepared by the International Technical Committee of Aerial Legal Experts, the Second International Conference on Private Aerial Law held in Warsaw, Poland, in 1929, and the Third International Conference on Private Aerial Law held in Rome in May 1933. It is contemplated that there will be other international conferences for the specific purpose of taking final action on additional preliminary draft international conventions prepared by the International Committee referred to herein. While the delegates to these international conferences are, of course, free to make changes in the draft conventions referred to them, it is to be observed that the groundwork on these drafts is done, and that their underlying principles are to a very great extent established, as the result of the preliminary studies made by the members of the International Technical Committee of Aerial Legal Experts. The delegations at these general international conferences are in fact to a great extent made up of persons who are also members of the International Committee.

The United States has at present three members on the International Committce, the fourth member having recently resigned. It is proposed to appoint another person to replace him at an early date. In the absence of an appropriation to defray their expenses in going abroad these members have to participate in the work of the Committee to some extent by correspondence. This plan is not, however, satisfactory, as the presence of the American members at the sessions of the Committee and its subcommittees in order to participate in their deliberations is necessary if the United States is to derive any substantial benefit from representation on the Committee.

The recent authorization by the Department of State for the members of the American section of the International Committee to organize an advisory committee composed of representatives of organizations in the United States concerned with aviation to cooperate witn the American section in the presentation of the American point of view in the codification of international private air law, is an indication of the importance which this Department attaches to the work of the International Committee.

In this connection, your attention is invited to the report of the Federal Aviation Commission of January 1935 which was submitted by you to Congress on January 31, 1935, and especially to the following sections of that report, which sections met with your approval:

"Though lacking in dramatic quality, this work is of immense importance. A new form of law is of necessity being created over night, to take the place in the air that admiralty has been gradually developed through centuries to take upon the sea. The United States ought not to be absent from the preliminary councils

of its creation.

American members have been designated to the Committee of Experts by the Secretary of State, with the approval of the President, but no funds have been available for their expenses. One of the requirements for participation on the Committee is that each country shall make an annual contribution toward the expenses of the Committee. The United States has been paying its share and is therefore entitled to official representation, but the American members have not been able to attend the meetings of the Committee and its commissions. This places the Government of the United States at a serious disadvantage, and we recommend that the matter be corrected by the annual appropriation of the very modest sum necessary to take a full part in the work, allowing expenses to the American delegation and a suitable compensation to such of them as are not already in the public service."

In order to meet your wishes in this matter and to provide for adequate participation in the work of the International Technical Committee of Aerial Legal Experts, I wish to recommend that the Congress be requested to authorize an annual appropriation of funds necessary to attend the meetings of this important international organization.

I am of the opinion that an authorization for an annual appropriation of a sum not exceeding $6,500 will be sufficient to defray the expenses of American members in coming to Washington and in going abroad to attend the sessions of the Committee and its subcommittees, known as "commissions." As stated herein it is the general practice for two of the commissions to meet during the first half of the year and for the other two commissions to meet during the second half of the year, the second meeting of the commissions being immediately followed by the meeting of the Committee. The trips to Washington will be necessary to enable members of the American section to consult one another and decide upon the proposals to be submitted by them at the meetings held abroad. When the matter of endeavoring to obtain such an appropriation was previously before Congress provisions were not made for traveling expenses for an interpreter, or for personal services for nongovernmental members of the Committee. However, in a recent report on the sessions of the Committee received by the Department of State special emphasis has been placed upon the fact that all deliberations are conducted in French and all documents issued are in the French language. It is therefore important that American members should be assisted by an interpreter. As previously stated, the International Technical Committee of Aerial Legal Experts was created as a result of a resolution by the International Conference on Private Aerial Law held in Paris in October 1925. Interested governments did not become parties to any special convention defining the status of this Committee. This Government was informed by the Secretary General of the Committee that the only requirements for participation in the work of the Committee are the payment of a contribution and the official designation of members. Both of these requirements were met by this Government following the enactment of Public Resolution No. 118, Seventy-first Congress, approved February 14, 1931. Article 8 of the internal rules of the Committee provides:

"The draft of the budget for each year shall be prepared by the secretary general and considered and voted on by the Committee not later than the end of the first half of the previous year.

"The Committee may offer for their acceptance to the contracting States such changes as may be deemed necessary in the quotas to be paid by the several States."

The quotas were set at 1,000 gold francs, but this amount is subject to change. Since the budget is not a fixed item and is subject to variation according to the requirements of the Committee, it is believed that the act authorizing an annual appropriation should provide for possible future changes in the amount of the contribution of the United States. I therefore recommend that Congress be requested to amend Public Resolution 118, Seventy-first Congress, so as to authorize an annual appropriation to pay the pro rata share of the United States in the expenses of the International Technical Committee of Aerial Legal Experts, without setting a fixed sum. The act making appropriations for the Department of State for the fiscal year 1936 carries an item of $250 for the payment of the quota of the United States for that year. I also recommend that Congress be requested further to amend Public Resolution 118, Seventy-first Congress, by authorizing the sum of $6,500, or so much thereof as may be necessary, for the expenses of participation by the Government of the United States in the meetings of the International Technical Committee of Aerial Legal Experts.

Respectfully submitted,

of food supply and income for the Indians. About 1,500 Indians harvest rice there annually. The annual rice crop, depending upon the season, is worth to the Indians from $50,000 to $100,000. During the past year Indians sold approximately 50,000 pounds. The price ranged from 14 cents to 20 cents per pound, depending upon the quality. This represents a substantial sum to these Indians. in addition to which the Indians harvest large quantities for their own personal consumption during the winter months.

The area of the reserve described in the act of June 23, 1926, supra, exclusive of the lake bed, is approximately 4,500 acres. Part of this land was allotted to individual Indians. Since allotment, with the exception of a very few tracts, it has become unrestricted. Most of it, however, passed to the State of Minnesota, under its swamp-land grant of March 12, 1860 (12 Stat. 3). A large part of these lands were sold by the State. Much of it is now subject to delinquent taxes and unpaid purchase installments. At the present time, pursuant to the authority of the 1926 act, condemnation proceedings are pending in the Federal courts against certain privately owned lands within the lake area. Some question exists concerning the scope of the act which makes it desirable to amend the act so as to remove any question of doubt as to the authority granted by Congress in the establishment of this wild-rice reserve for the Indians.

The State authorities are also desirous of acquiring the lands within the exterior boundaries of the reserve. They are interested in the establishment of Indian camp sites and controlling duck hunting for public benefit. This Department, however, is of the belief that the interests of the Indians require that the Government procure this area for them. Any reserve established under this act will remain under the control of this Department, but it would appear desirable to enter into an agreement with the State for the administration of the reserves upon a cooperative basis. If our plans for cooperation are carried out, all matters pertaining to conservation of the rice bed and rice crop, fishing, hunting, and the establishment and maintenance of Indian camp sites are to be under the supervision of the State conservation commission, subject to their paramount use for Indian benefit. Such camps, however, would be established for the exclusive use and benefit of the Indians.

There are several other lakes similar to Wild Rice Lake where, for similar reasons, the lake beds and surrounding lands ought to be acquired for the Indians. The previous legislation should, therefore, be amended also to permit the acquisition of lands at other desirable places. The costs of establishing the reserves, acquisition of the lands, and construction of dams to regulate the water levels of the lakes are to be paid out of tribal funds. This is a matter in which the Indians are vitally interested and they have always expressed their desire to have tribal funds used for such purposes.

I, therefore, recommend that the act of June 23, 1926 (44 Stat. 763), be amended as proposed in the attached draft.

Under date of March 4 the Acting Director of the Bureau of the Budget advised this Department that the proposed legislation would not be in conflict with the financial program of the President.

Sincerely yours,

T. A. WALTERS, Acting Secretary of the Interior.

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AMEND AN ACT ENTITLED "AN ACT SETTING ASIDE RICE LAKE, ETC., FOR EXCLUSIVE USE OF CHIPPEWA INDIANS OF MINNESOTA"

JUNE 10, 1935.-Ordered to be printed

Mr. RYAN, from the Committee on Indian Affairs, submitted the

following

REPORT

[To accompany H. R. 6963]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 6963) to amend an act entitled "An act setting aside Rice Lake and contiguous lands in Minnesota for the exclusive use and benefit of the Chippewa Indians of Minnesota", approved June 23, 1926, and for other purposes.

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes of the law made by the bill are shown as follows: Existing law proposed to be omitted is enlcosed in black brackets; new matter is printed in italics; existing law in which no change is proposed is shown in roman.

"SECTION 1. That there be, and is hereby [,] created within the [limits of the White Earth Indian Reservation in the] county of Clearwater, State of Minnesota, a permanent reserve to be known as 'Wild Rice Lake Indian Reserve', [for the exclusive use and benefit of the Chippewa Indians of Minneaota,] which reserve shall include Rice Lake and the following-described contiguous lands [to wit]: Beginning at the northwest corner of the northeast quarter [of the] southeast quarter [of] section 8 in township 145 north, range 38 west, and running due east to the northeast corner of southeast quarter [of] section 9; thence south to northeast corner of northeast quarter [of] section 16; thence due east to northeast corner of northeast quarter [of] section 14, township 145 north, range 38 west; thence due south to southeast corner of northeast quarter [of] section 2, township 144 north, range 38 west; thence due west to southwest corner of northwest quarter [of] section 3 of said township and range; thence due north to southwest corner of northwest quarter [of] section 15, township 145 north, range 38 west; thence due west to southwest corner of northwest quarter [of] section 16; thence due north to northwest corner of northwest quarter of said section 16; thence west to southwest corner of southeast quarter [of] southeast quarter section 8; thence north to point of beginning, which, excluding the lake bed, contains approximately four thousand five hundred acres.

"SEC. 2. All unallotted and undisposed-of public or Indian lands held in trust by the United States within the area described in section 1 hereof are hereby permanently withdrawn from sale or other disposition and are made a part of

said reserve; and the Secretary of the Interior is authorized to [acquire by purchase any lands within said area now opened by the State of Minnesota or in private ownership at a price not to exceed $5 per acre, and to acquire from private owners by condemnation proceedings, in accordance with the laws of the State of Minnesota relating to the condemnation to private property for public use, any lands within said area which cannot be purchased at the price herein named; the purchase price and costs of acquiring said lands to be paid out of the trust fund standing to the credit of all the Chippewa Indians of Minnesota in the Treasury of the United States upon warrants drawn by the Secretary of the Interior.] (a) accept in the name of the United States voluntary conditional grants, conditioned only upon the continued permanent use of said lands for the purpose hereinafter stated, and none other, of any lands within said reserved area now held in public, private, State, or Indian ownership; (b) acquire by purchase any of said lands not so conditionally granted at such price as he may deem fair and equitable; or (c) acquire by condemnation any of said lands not acquired by conditional grants or by purchase, so as to vest in the United States for the purposes of this Act good title to all land included in any such reserve.

"SEC. 3. The Secretary of the Interior is authorized, in his discretion, to establish not to exceed three additional wild-rice reserves in the State of Minnesota which shall include wild-rice bearing lakes situated convenient to Chippewa Indian communities or settlements, including all lands which, in the judgment of said Secretary, are necessary to the proper establishment and maintenance of said reserves and the control of the water levels of the lakes. The Secretary is authorized to withdraw and acquire, on the same terms provided in section 2 hereof, all lands which, in his judgment, may be necessary for the proper establishment, control, maintenance, and operation of any reserve established under this section.

"SEC. 4. [The] Any reserves [hereby created] established under this Act, including the water levels therein, shall be maintained and operated under the supervision and control of the Secretary of the Interior, in conformity with such rules and regulations as he may prescribe for the primary purpose of conserving wild-rice beds for the exclusive use and benefit of the Chippewa Indians of Minnesota [under the supervision of the Secretary of the Interior and under rules and regulations to be prescribed by the said Secretary]. The said Secretary, upon such terms and conditions as he may deem proper, may enter into an agreement in writing with the State of Minnesota, through its Department of Conservation, or other proper State agency, for the administration of any reserve created under this Act, and for its use for other or different purposes, conditioned only that such other and different uses shall not impair the primary purpose for which said reserve was created and its administration in strict conformity with said rules and regulations prescribed by said Secretary.

"SEC. 5. All costs of establishing the reserves herein authorized, including the acquisition of the lands, and the construction of dams or other structures to regulate the water levels, are hereby authorized to be paid by the Secretary of the Interior out of the trust funds of the Chippewa Indians of Minnesota in the Treasury of the United States."

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