Mr. CHAVEZ. I am happy the Senator from Utah is making this statement. It is about time for the people of the United States to accept the poor Indians who are able to handle their own affairs as equals. The Menominee Tribe of Indians is one of the tribes which can do so. They are no different from anyone else. They can handle their business, their family affairs, and their property as well as any of us can.

I am sorry that certain other tribes which I think should also be freed were not included. There are plenty of them, including the Klamath Tribe in Oregon. There is no particular difference between the various tribes. The entire 17 Pueblos in New Mexico would like to be free from Washington supervision and able to conduct their own affairs, as the rest of us do.

Mr. LANGER. Mr. President, will the Mr. President, will the Senator yield?

Mr. WATKINS. I yield. Mr. LANGER. The argument of the distinguished Senator from New Mexico is another reason why the man who has been nominated to be Commissioner of Indian Affairs should not be confirmed by the Senate. We have had one man after another from New Mexico in that position. The distinguished Senator from New Mexico himself says they have done a poor job. The Menominees in Wisconsin should have been taken off the rolls a long time ago. I am serving notice now that when this nomination comes up I shall fight it tooth and nail, because this man from New Mexico should not be Indian Commissioner. He says he intends to carry out approximately the same kind of program his predecessors from New Mexico have carried out.

He

Mr. CHAVEZ. Mr. President, will the Senator yield?

Mr. WATKINS. I yield.

Mr. CHAVEZ. I do not know what the man nominated by the President of the United States has said. All I can say to my good friend from North Dakota is that I have known the nominee since he was 6 years of age. His father and mother took a family of fine Alabamians into New Mexico as far back as 1906. I know the man nominated by the President of the United States. I know that he comes from Gallup. That does not make a bit of difference. He is a banker. That does not make a bit of difference. But I know his background. As far back as 1908 I campaigned for his father as a Democrat, not as a Republican. I am speaking personally of what I know about the nominee. I know that he is a good man. But I would join the Senator from North Dakota in doing anything to free the Indians, whether under the administration of the present nominee, or under John Collier, Mr. Dillon, or anyone else connected with the Indian Bureau.

The PRESIDING OFFICER. The Chair suggests that the unanimous consent granted the Senator from Utah was to complete the reading of his statement.

unanimous consent to complete the reading of his statement. Other Senators would be entitled to 5 minutes of their own time in the discussion of the bill. Mr. WATKINS. Mr. President, I must decline to yield further.

Mr. LANGER. Has not the Senator's time expired?

Mr. WATKINS. In the spirit of the permission granted me, I ought not to yield further. However, there will be further opportunity further opportunity for Senators to speak.

The PRESIDING OFFICER. The Chair will say to the Senator from North Dakota that the time of the Senator from Utah had expired. He obtained unanimous consent to complete the reading of his statement. The Chair raises the question that the only consent he has is to complete the reading of his statement. The Chair raises the query as to whether or not discussion on the floor would be included within the terms of such unanimous consent.

Mr. LANGER. The inquiry the Senator from North Dakota wishes to make is whether or not the time of the Senator from Utah has again expired.

The PRESIDING OFFICER. There was no limitation on his time under the unanimous consent to complete the reading of his statement.

Mr. WATKINS. Mr. President, I intend to be very brief in conclusion.

The PRESIDING OFFICER. The Senator may proceed.

Mr. WATKINS. In this measure it is also provided that all the property of the tribe shall be turned over to it on or before December 31, 1956. At that time every law that has any effect upon them in the peculiar status of Indians will go out of existence so far as they are concerned. They will be free and clear. So there would be a complete break.

I asked the indulgence of the Senate today in order that Senators might know that it is really an historic occasion when a committee is willing to report a bill of this kind. I feel that the climate in the Congress is right to have a measure of this kind finally adopted.

I thank Members of the Senate for their willingness to allow me to make this statement. I ask unanimous conthis statement. sent to have printed in the RECORD at this point as a part of my remarks the remainder of what I had intended to read.

There being no objection, the remainder of the statement was ordered to be printed in the RECORD, as follows:

We have paid into the Treasury the funds in satisfaction of that judgment, and no new appropriation is necessary. We are now willing to pay this money over to the tribe, but like any judgment debtor, we demand a full release and satisfaction of our obligation to our creditor which in this instance is the Menominee Tribe of Wisconsin.

In explanation of the bill, I would like to set forth for your consideration a section-bysection analysis of what is proposed to accomplish withdrawal:

Section 2 contains a definition of terms for the purpose of this act.

Section 3 sets forth the prescribed method of (a) closing the rolls; (b) applying for enrollment; (c) appeals on applications. appeals on applications.

The section further provides that after closure of the rolls and final determination of the members of the tribe, a certificate of beneficial interest shall be issued to each such member by the tribe, and that the said interest shall be inheritable under the laws of the State of Wisconsin and shall be alienable only in accordance with such regulations as may be adopted by the tribe.

Section 4 repeals section 6 of the act of June 15, 1934, which said act prescribes the method of appealing from decisions on enrollment. The said section 6 had been repealed by implication by the act of 1939; however, it was felt by the commitee advisable to remove all doubt left by that implication and specifically repeal the said section to avoid any doubt in the administration of this law.

Section 5 of this bill prescribes that all services, management, etc., conducted by the Menominee agency shall be paid for by tribal funds from and after the date of enactment. This tribe has for a number of years paid the great majority of these services. However, as of this date the Federal Government appropriates approximately $84,000 per year in gratuity funds for this tribe, principally for the construction and maintenance of roads. This function should be assumed and paid for by the tribe as have the functions of health, education, welfare, etc.

Section 6 provides that the Secretary shall, as soon as practicable after enactment, pay over to each enrolled member the sum of $1,500 out of the funds now on deposit in the Treasury in trust for the use and benefit of the tribe, and further provides that a like sum be paid to those persons whose applications for enrollment are subsequently approved. It is provided under this section that all payment under per capita distribution be made first from funds now on deposit in the Treasury drawing 5 percent interest.

Section 7 authorizes the tribe to select and employ professional assistance in the way of tax and management consultants to advise them preparatory to the submission to the Secretary of a plan for future control of the tribal property and the service functions now conducted or under supervision of the Government. It specifies that the reports of these said specialists shall be completed not later than December 31, 1954, in order that there be sufficient time after those reports are surrendered in which to formulate and submit a plan to the Secretary before the arrival of the termination date.

Section 8 directs the tribe to formulate and submit to the Secretary said plan or plans for withdrawal, and further provides that the responsibility of the Government to furnish supervision and services to this tribe, because of their status as Indians, shall cease on December 31, 1956, or at such earlier time as may be agreed upon by the tribe and Secretary.

Section 9 authorizes the Secretary and directs him to transfer on or before the abovedescribed date the title to the property, both real and personal, which may then be held in trust. This section further provides that the tribe may request transfer to a corporation or organization composed of the tribe, thereby allowing the tribe to determine whether or not this reservation shall remain intact as a unit or divided and distributed per capita. The legislation does not prescribe the manner of final disposition of the property, but rather leaves up to the tribe the right to designate the manner of transfer.

Section 10 provides income-tax relief to the members of the tribe for cash distribution under this act. This act does not provide the members of the tribe with an exemption for so much of that distribution as consists of a share of any interest earned on the 1950 judgment fund. The section does provide that for the purposes of computation of capital gains or losses, the value of said taxpayers' interest shall be taken as of the date title is transferred by the United States.

Section 11 terminates the application, to the members of this tribe, of any statutes of the United States and any rules and regulations of any agencies of the United States and of any State, Territory, or the District of Columbia applicable to Indians because of their status as Indians.

Section 12 gives the Secretary authority to promulgate rules to carry out this act and section 13 is the standard savings clause.

I have just touched upon the history of this tribe and the very favorable advancement which they have made. I have explained quite completely section by section the effect of this proposed bill. From the testimony before the Indian Affairs Subcommittee over the years I have become acquainted with the great variance in the problems of each and every Indian tribe in America. Possibly some tribes can be dealt with similarly; however, the problems proposed by the organization and the industry of the Menominee Tribe of Wisconsin necessitates a private bill for their withdrawal. We have presented to the Senate such a bill which is designed to give to these people the assets to which they are entitled and the first-class citizenship which they have shown their competency to receive. In return for these, the Government now asks a release from its job as guardian and an assumption by the Indians of the duties which accompany citizenship.

As long as we here in Congress continue to pass per capita payment bills as we have in the past-paying over trustee funds to Indian tribes ready for withdrawal and continue to vote gratuity funds-we will never be able to obtain the cooperation from said tribes, necessary to accomplish withdrawal of Federal supervision over them. The time has come for us to make good on over a century of promises to make first-class citizens of Indians and remove Federal supervision over them. I urgently request passage by this body of Calendar No. 583 (H. R. 2828 as amended) without further amendment.

The

Mr. WATKINS. I yield the floor. The PRESIDING OFFICER. Chair understood that the Senator from New Jersey asked permission to return to Calendar No. 583, House bill 2828. The Chair would like to be enlightened. Mr. HENDRICKSON. The Chair is correct. I now withhold my objection. PRESIDING OFFICER. The The question is on agreeing to the first committee amendment.

Mr. WILEY. Mr. President, I listened with interest to the fine statement by the Senator from Utah [Mr. WATKINS], in which he complimented the character, ability, and fine physical and mental condition of the Menominees. If Senators had seen them in the anteroom today, they would agree with everything the Senator from Utah said.

I had little or no notice about this bill coming up. I was called out of the Chamber by that fine group of Menomi

They were dressed as well as any Member of the Senate, and used the English language as well as we do. They said, "There is little difference between us and Senator WATKINS in relation to the matter which we understand is coming up. We would like to ask you to object to the consideration of the bill so that it may go over until Monday." As indicated by the Senator from Utah, the difference is a matter of 2 years on the question of liquidating practically $100 million. I do not know why the Menominees made the request, because I did not have time to go into the subject. The Senator from Utah indi

cated that they had about $75 million or $80 million worth of real estate, timber, mills, and so forth, and that they had accumulated in the Treasury of the United States several million dollars in cash.

I consulted the Senator from Kentucky [Mr. COOPER] and suggested to him that I objected to consideration of the bill today. The purpose is not to throw a monkey wrench into the machinery.

ers flocked there and located many mining claims.

Unfortunately, hundreds hundreds of those claims were located on lands known to be valuable for oil and gas or on lands included in oil and gas leases or on lands as to which application had been made for oil and gas leases. So, under the rulings of the Department of the Interior, those mining claims were invalid. The miners went there and spent their money and their time making locations.

Mr. WILEY. I yield.

Mr. COOPER. I may say that another objection to consideration of the bill has been filed with the calendar committee.

Mr. WILEY. I wished to express my position clearly. For a long time I have been in favor of getting the Indians out from under Government supervision, because they are grown men and women, capable of looking after themselves. However, they have been wards of the Government. There is practically $100 million involved. I can readily understand why these people might very well ask that the liquidation be delayed until 1958, rather than to be released from Government supervision in 1956. I have not had time to study the question. I should like to have consideration of the bill postponed until Monday. In the meantime it is hoped that the Menominees may have an opportunity to consult with the Senator from Utah and effectuate a compromise with respect to the date of liquidation.

I

I agree fully with everything the Senator from Utah has said. I compliment him on the fine statement and on a job well done. What is more, I compliment him upon possessing a fine intellect which can see facts.

The PRESIDING OFFICER (Mr. HICKENLOOPER in the chair). Objection is heard. The bill will be passed over.

CLARIFICATION

OF STATUS OF MINING CLAIMS

The bill (S. 1397) to clarify the status of mining claims in areas held under an oil-and-gas prospecting permit or lease and to encourage the exploration and development of fissionable source minerals was announced as next in order.

The PRESIDING OFFICER. Is there objection to the present consideration of the bill?

Mr. HENDRICKSON. Mr. President, reserving the right to object—and I shall not object-will the Senator from Colorado give an explanation of the bill?

Mr. MILLIKIN. Mr. President, in Arizona, New Mexico, Utah, and Colorado there is an area known as the Colorado Plateau. It is interesting now because Plateau. It is interesting now because it is the principal domestic source of fissionable material for our atomic energy program. About 15 years ago there was discovered quite a little vanadium ore, with which uranium ore is often associated. A great many people commenced to locate vanadium mining claims.

Later on the Atomic Energy Commission urged miners to go on the Colorado Plateau to establish mining claims in an attempt to build up a larger production of fissionable materials. The min

which I have described there was a conflict between the oil and gas leases and mining claims. The point was how to resolve the conflict.

I believe the pending bill resolves it very nicely. If a mining claim is first in point of time, assuming it is valid under the laws of the United States and of the States, it is not affected by the bill. If it is second in point of time, assuming that it was on property subject to a valid oil and gas lease, the mining claim is validated, provided it has otherwise complied with the mining laws. No harm is done, because in that case the claim to the oil and gas is denied, and the oil and gas would then be subject to the oil and gas leases. So the owner of the oil and gas lease is not hurt.

Under the Atomic Energy Act, the Atomic Energy Commission has, I understand, made some leases for uranium, and I believe it intends to make others. We make it very clear that we are not doing anything in the bill to interfere with whatever the Commission has a right to do in those respects.

Mr. HENDRICKSON. Mr. President, I thank the distinguished Senator from Colorado for his very able explanation.

Mr. BUTLER of Nebraska. Mr. President, in addition to the splendid statement made by the Senator from Colorado in support of the measure, I wish to say that this is one measure which has the unanimous support of every member of the Committee on Interior and Insular Affairs. Determining the basis of the claims is a simple act of justice, and will tend to increase the output of fissionable materials, which are so badly needed.

Mr. WATKINS. Mr. President, much of the area which will be covered by the act is in the State of Utah, in the southeastern section of the State. In that area of Utah there are immense acreages on which miners are finding fissionable materials. That is where some of the difficulties have arisen which gave rise to the drafting of an act of this kind. Is that correct?

That is correct.

Mr. MILLIKIN. Mr. WATKINS. The people of Utah are very much interested in having the bill passed. It is an act of fair play, and the bill should be enacted as soon as possible.

The PRESIDING OFFICER. Is there objection to the present consideration of the bill?

Mr. GORE. Mr. President, the explanations of the bill have been very helpful. Nevertheless we have found it very difficult to study it. The report was made available only yesterday. I should like particularly to have an opportunity to make inquiry of the Atomic Energy

Commission as to its attitude toward the bill after amendments have been adopted. Until we have a clear understanding of the bill in the legislative review committee of the minority, I must ask that the bill go over.

Mr. JOHNSON of Colorado. Mr. President, will the Senator withhold his objection for a moment?

Mr. GORE. Yes.

Mr. JOHNSON of Colorado. Of course, we are anxious that every Senator satisfy himself with respect to the matter. The bill is important to uranium mining. I am sure it will stand whatever test or whatever inquiry may be made. I am sure the Atomic Energy Commission will say the bill will correct a bad situation and will permit more extensive mining operations of fissionable materials.

The bill is very essential. The matter was fully explored by the Committee on Interior and Insular Affairs. The committee held long hearings. It has given everyone an opportunity to be heard. The fact that difficulties were caused by oil leases was surprising to all of us, because the leases themselves state that they do not affect mineral mining. However, we found some defects in the law which had to be clarified, and this is a clarifying bill.

It does not change the purposes of the Oil and Gas Leasing Act in any particular. It simply clarifies the situation as we thought it was already clarified. If the Senator from Tennessee is to make some inquiries, I hope he will move very rapidly and expeditiously, because it is a matter of grave importance and a matter that should be decided and resolved at the earliest possible moment.

There is a companion bill being considered in the House, and I am informed that it is likely to be considered probably on the Unanimous-Consent Calendar.

All I want to do is to emphasize what has already been said about the emergency nature of the proposed legislation.

Mr. GORE. The statement of the distinguished Senator from Colorado illustrates further the complicated nature of the pending bill. I shall certainly comply with the Senator's request to make expeditious inquiry.

The responsibility of the Members serving on the Calendar Committee may not be so heavy, but in some respects they are onerous. Nevertheless, when a complicated bill such as this appears on the calendar, with the report being available only 1 day before the calendar is called, and when the calendar itself contains a great number of bills, it is rather difficult to satisfy one's curiosity about it. That is true particularly in view of the fact that the report does not contain a recommendation from the Atomic Energy Commission.

Mr. BARRETT. Mr. President, will the Senator from Tennessee yield to me? Mr. GORE. I yield.

Mr. BARRETT. I may say that the subcommittee of the Committee on Interior and Insular Affairs gave this matter extended consideration, and representatives of the Atomic Energy Commission appeared before the subcommittee a good many times. They went into the matter very thoroughly. They stated

positively-not once, but several timesthat they had no objection to this measure.

I also wish to call the attention of the distinguished Senator to the fact that in order to protect their rights to control fissionable materials, I submitted an amendment, prepared by the Atomic Energy Commission, which appears in the bill beginning in line 23, on page 5, and reads as follows:

The rights under any mining claim given force and effect by this act shall also be subject to the reservation to the United States specified in section 5 (b) (7) of of the Atomic Energy Act of 1946, as amended.

With that provision in the bill, I am sure the rights of the Atomic Energy Commission will be adequately protected, and that the representatives of the Commission so considered the matter.

I may also say that section 2 of the bill is an amendment which I offered in the committee. It preserves the rights of the Atomic Energy Commission to issue leases or make contracts in the future leases or make contracts in the future on lands covered by oil and gas leases. on lands covered by oil and gas leases.

So all the rights of the Atomic Energy Commission are adequately preserved and protected by the bill.

I am sure that if the Senator from Tennessee insists, the Commission will so advise him.

Mr. GORE. As the Senator knows, As the Senator knows, the bill is rather extensively amended. If the report had contained a recommendation from the Atomic Energy mendation from the Atomic Energy Commission of the bill as amended, I dare say that no doubts would have been raised in my mind. But since the bill is so extensively amended and since the amendments are to a very complicated bill, I would feel better, and I think it would be in the interest of a more full and fair consideration of the bill, to have the recommendations of the Atomic Energy Commission with respect to this bill, as amended, before it is passed.

Under

mission, Director of Raw Materials, was present a number of times during the consideration of the bill. To me there is not the slightest doubt that he approves the bill. I do not have the slightest hesitation in saying so.

Mr. JOHNSON of Colorado. Mr. President, I conćur completely in the statement made by my colleague. I know that Mr. Jesse Johnson, who represents the Atomic Energy Commission, supports the program. I do not understand why there is not a statement to that effect in the report. That surprises me. I know it must have been an oversight by the person who prepared the report, because I know that Mr. Jesse Johnson, who is in charge of this matter, is in complete accord with the action taken by the committee.

Mr. BARRETT. Mr. President, if the Senator will yield, let me say that I have no hesitancy in stating that the statements made by both Senators from Colorado are entirely correct. It is my distinct impression that the bill is entirely satisfactory to the Atomic Energy Commission.

Mr. GORE. Mr. President, will the Senator from Colorado yield to me? Mr. MILLIKIN. I yield.

Mr. GORE. No assurance that the Atomic Energy Commission could give would be more persuasive that the assurance which has been given by these distinguished Members of the Senate. So, Mr. President, I withdraw my objection.

The PRESIDING OFFICER. Is there objection to the present consideration of the bill?

Mr. BARRETT. Mr. President, I wish to ask a question of the junior Senator from Colorado. Under the provisions of the bill, the oil and gas on the claims which are in controversy are reserved to the United States, are they not?

Mr. MILLIKIN. That is correct. Mr. BARRETT. The bill states specifically that the rights of the lessees under the Mineral Leasing Act to explore for oil shall be protected, as regards their

Mr. MILLIKIN. Mr. President, will the Senator from Tennessee withhold his request that the bill go over Mr. GORE. I withhold it.

Mr. MILLIKIN. Mr. President, I should like to say that the extensive amendment of the bill is the result of rewriting the bill, which was done by my colleague the Senator from Colorado [Mr. JOHNSON] and myself, in order to meet, insofar as possible, the points meet, insofar as possible, the points raised at the hearings.

As I recall it, a representative of the Atomic Energy Commission was present at all the meetings. I ask the Senator from Wyoming if that is correct.

Mr. BARRETT. That is correct; and I believe we had as many as 8 or 10 meetings.

Mr. GORE. Mr. President, if assurance is given by either the Senator from Colorado or the Senator from Wyoming that the Atomic Energy Commission approves the bill, as amended, I shall not object.

Mr. MILLIKIN. I have no hesitation whatever in saying that Mr. Johnson, representing the Atomic Energy Com

poses as may be necessary to carry on drilling operations and the production of oil, if oil is encountered.

Mr. MILLIKIN. I think the provisions of the bill spell that out.

Mr. BARRETT. Since the oil and gas are reserved to the United States, is it the opinion of the Senator from Colorado that under the provisions of this bill, future lessees from the United States will also have the right to use so much of the surface of the lands as may be in conflict with the mining claims that are revived by the bill for the purpose of doing the same thing, namely, to carry on their drilling operations and to explore and to erect improvements on the land, in connection with the production of oil?

Mr. MILLIKIN. I think that unless there is a mining claim that is first in time-which is not affected by this billI am sure a mining claim coming on a lease later on will be subject to the provisions of the bill.

Mr. BARRETT. That is not precisely the point I had in mind.

But since the bill itself preserves to the United States the right to own the oil and gas under these lands, notwithstanding

the fact that a mining claim might be perfected with a reservation of the oil and gas, and also, along with that, since the Government has the right to give the lessee of the land the right to use the surface, or as much of it as might be necessary, without unduly interfering with the operations of the locater of the mining claim, in order to explore and develop the lands and to bring the production to the surface and to the market, do I correctly understand that it is the position of the Senator from Colorado that in that situation there is no attempt by means of the bill to interfere with existing provisions of law in the Mineral Leasing Act which would guarantee the right of the United States to give such privileges to the holders of future oil and gas leases?

Mr. MILLIKIN. If I correctly understand what the distinguished Senator from Wyoming has said, I believe that right is covered by the bill.

The PRESIDING OFFICER. Is there objection to the present consideration of the bill?

There being no objection, the Senate proceeded to consider the bill (S. 1397) to clarify the status of mining claims in areas held under an oil and gas prospecting permit or lease and to encourage the exploration and development of fissionable source minerals which had been reported from the Committee on Interior and Insular Affairs with an amendment, to strike out all after the enacting clause and insert:

That section 17 of the act entitled "An act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain," approved February 25, 1920, as amended (30 U. S. C. 226), is further amended by adding at the end thereof the following new subsection:

"17. (c) Notwithstanding any other provision of law, a mining claim located for valuable deposits of minerals subsequent to December 31, 1938, and prior to March 20, 1953, upon land which was known to be valuable for oil or gas or which was included within a prior valid oil and gas lease or valid application or offer for such lease (whether or not such land was known to be valuable for oil or gas) shall be valid under the general mining laws if such mining claim would be valid except for the fact that it was located upon such land, but the rights accruing to the owner of any such mining claim under this act shall be subject to any valid prior or intervening rights of others under laws of the United States, and shall be subject to reservation to the United States of all deposits of oil and gas, together with the right to dispose of all such deposits and the right of the United States, its lessees, permittees, and licensees, to enter upon the

ing notice of location of mining claims and file for record in the office where the notice or certification of location of such claim is of record an amended notice of location of such claim stating that such notice is filed pursuant to the provisions of this act and for the purpose of obtaining the benefits thereof. A patent may be issued under the general mining laws for land included within any mining claim described in the first sentence of this paragraph but any such patent shall contain appropriate provisions de

claring the patentee's interests and those of

his successors to be subject to the reservations provided in the first sentence of this paragraph, in addition to any reservation or reservations required by any other provision or provisions of law.

"Any withdrawal or reservation of land made after the location upon such land of any mining claim to which the preceding paragraph is applicable is hereby modified

and amended so that the effect of such with

drawal or reservation upon such mining claim shall be the same as if the land upon which such mining claim was located, at the time of the location of such claim, had not

been known to be valuable for oil or gas or or valid application or offer for such lease included within a prior valid oil and gas lease (whether or not such land was known to be valuable for oil or gas).

"With respect to any mining claim to which this subsection is applicable labor performed or improvements made upon or for the benefit of such mining claim after the location thereof shall be recognized for all purposes improvements made upon or for the benefit to the same extent as labor performed and of other mining claims under the general mining laws of the United States.

"The rights under any mining claim given force and effect by this act shall also be subject to the reservation to the United States specified in section 5 (b) (7) of the Atomic Energy Act of 1946, as amended."

SEC. 2. Except as section 1 hereof provides for (a) validation of certain mining claims located on lands described in section 1 of this act (b) the modification and amendment of certain withdrawals or reservations of land, nothing in this act shall affect any power or authority duly vested in the Atomic Energy Commission or any other agency, department, or officer of the United States to make leases, withdrawals, reservations, or other arrangements with respect to source materials as defined in section 5 (b) (1) of the Atomic Energy Act of 1946, as amended.

The amendment was agreed to.

The bill was ordered to be engrossed for a third reading, read the third time, and passed.

The title was amended so as to read: "A bill to clarify the status of mining claims on land known to be valuable for oil or gas or included in oil and gas leases, or applications or offers for such leases, and for other purposes."

Mr. HOEY. I wish to say, with reference to the bill, that it passed the House of Representatives, under suspension of the rule. Speaker MARTIN and Mr. HALLECK, of the majority, and Mr. RAYBURN and Mr. McCORMACK, of the minority, all joined in having the rule suspended; and the bill was passed by practically unanimous vote.

The bill also has the unanimous vote of the Senate Committee on Government Operations.

This morning I discussed the matter with the distinguished senior Senator from Delaware [Mr. WILLIAMS]. He advised me that he would enter the objection; but he also said it would be entirely agreeable to him to have the bill taken up on Monday—and it is believed that the bill will be passed in a short time—and that then he would have an opportunity to present his objection.

I have discussed this matter with the distinguished acting majority leader, the senior Senator from California [Mr. KNOWLAND], and I believe that arrangement will be effective. I wished to mention it at this time.

Mr. KNOWLAND. Reserving the right to object, I may say to the distinguished Senator from North Carolina that when

he spoke to me about this bill I assured him I would take the matter up early in the week with the policy committee, and that I could see no reason why we could not take up the bill, with the assurance that it would not take a great amount of time.

The PRESIDING OFFICER. The bill will be passed over.

CREATION OF CORREGIDOR-BATAAN MEMORIAL COMMISSION The bill (S. 1744) to create a commission to be known as the CorregidorBataan Memorial Commission was announced as next in order.

The PRESIDING OFFICER. Is there objection to the present consideration of the bill?

Mr. POTTER. Mr. President, I should like to ask the sponsor of the bill, or someone who is familiar with it, why this cannot be handled by the American Battle Monuments Commission, rather than by establishing a new commission.

Mr. WILEY. It probably could be handled in that way. handled in that way. It was thought that in the interest of our relations with the Philippines that the proposed commission would get in contact with a similar commission from the Philippines, and

the right, under and pursuant to any valid oil and gas lease issued prior to the date of enactment of this act, of the United States, its lessees, permittees, and licensees to enter upon such land and to use so much of the surface and subsurface of such claim as may be necessary for the purpose of prospecting for, mining, treating, storing, and removing oil and gas on and from other ever, That in order to obtain the benefits of this act, the owner of any such mining claim shall, not later than 120 days after the date of enactment of this act, post on such claim in the manner required for post

lands of the United States: Provided, how

LERS GENERAL-BILL PASSED OVER

The bill (H. R. 5228) to amend section 303 of the Budget and Accounting Act, 1921 (42 Stat. 23) was announced as next in order.

The PRESIDING OFFICER. Is there objection to the present consideration of the bill?

Mr. COOPER. Mr. President, by request of the Senator from Delaware [Mr. WILLIAMS], I ask that the bill go over.

Mr. HOEY. Mr. President, will the Senator from Kentucky withhold the objection for a moment? Mr. COOPER. I do.

sions as to what recommendation should be made as to the nature of the monument.

regidor means in our history. I think All of us know, of course, what Corthis might be said to be among the extracurricular activities in the handling of our foreign relations which really make for better international feeling. The commission created by the Congress of the United States would contact the commission created by the Philippine Government and discuss plans for the erection of a monument on Corregidor.

Mr. POTTER. Mr. President, I certainly would not object to placing a suitable memorial in the Philippines, at Cor

regidor, but I think one of the great objections to the creation of a new commission, irrespective of how laudable the purpose of its creation may be, is that there is a commission already established which has authority and responsibility to carry out the very objective which is now sought to be attained through the creation of another commission. Because of that, I shall have to object.

The PRESIDING OFFICER. Objection is heard.

Mr. WILEY. Mr. President, will the Senator withhold his objection for a moment?

Mr. POTTER. I withhold the objection temporarily.

Mr. WILEY. The Senator from Michigan no doubt understands that the members of the proposed commision are not to be paid salaries. The bill calls for no appropriation, and no expense is involved. I may say that in the House of Representatives Mr. RICHARDS introduced a similar bill. In the minds of those of us who have given consideration to the subject it was thought that it would be a good gesture, particularly at this time, when the Philippine Islands themselves are so to speak, on the outer ramparts in the Far East.

Mr. POTTER. I say to the distinguished Senator from Wisconsin that I have a high regard for the citizens of the Philippines, but if we were to carry the principle to its ultimate conclusion, the principle underlying the bill, we would establish commissions in practically every country for the purpose of doing what the American Battle Monuments Commission is authorized to do. Since there is a commission authorized to carry out the very program which the Senator from Wisconsin is advocating, I think it folly to confuse the situation by the creation of another commission.

Mr. WILEY. There is something to that argument, but I think the Philippines present a unique problem, which calls for special treatment. Everyone realizes what Corregidor means in our history, and also what it has meant in the history of the Philippines. The proposal represents merely a step in what we consider to be the proper direction. The idea was that the monument would be built through public subscription by the American people and by the people of the Philippines, who were to be called upon to assist in the project. But the thought, first, was that this commission, in conjunction with the Government of the Philippines, could cooperate to create the sentiment, the spirit, or whatever one may wish to call it, and capitalize on it, in the hope that it would make for better international relations from the human standpoint. That is why the bill was introduced.

Mr. POTTER. There is in the Philippines an office of the Battle Monuments Commission, and I am certain that we should have their recommendations as to the establishment of a new commission to carry out the job which the Battle Monuments Commission is authorized to do and for which it is responsible. While the arguments advanced by the distinguished Senator from Wisconsin are very persuasive, I still must ask that the bill go over.

The PRESIDING OFFICER. The bill will be passed over.

Mr. WILEY. Mr. President, I ask unanimous consent to have printed in the RECORD at this point a brief statement on this subject.

There being no objection, the statement was ordered to be printed in the RECORD, as follows:

STATEMENT BY SENATOR WILEY REGARDING THE CORREGIDOR-BATAAN MEMORIAL COMMISSION

S. 1744 authorizes the President to appoint a commission of nine members, three each from the Senate, the House, and from members of the public, to be known as the Corregidor-Bataan Memorial Commission. The Commission will serve without pay and for a period of 4 years. In cooperation with any similar agency which the Philippine Government may create, the Commission's task will be to study, and report on the possible location and erection of a replica of the Statute of Liberty or other suitable memorial on the island of Corregidor in Manila Bay.

The Commission is directed to report to the President within 1 year after its appointment on the results of its activities and this report is to be transmitted to the Congress. No appropriations are requested for the erection of the memorial.

Corregidor, the Senate will recall, was the scene of a brave and magnificent fight by American and Philippine soldiers, sailors, and marines marines against overwhelming odds. A memorial there would be a fitting symbol of the debt we owe to the valiant men who laid down their lives for us in the Philippines during World War II. Such a monument would also symbolize the close friendship between the Philippines and the United States.

JOINT OPERATION OF NOGALES SANITATION PROJECT BY INTERNATIONAL BOUNDARY AND

WATER COMMISSION

The bill (S. 498) to authorize an agreement between the United States and Mexico for the joint operation and maintenance by the International Boundary and Water Commission, United States and Mexico, of the Nogales sanitation project, and for other purposes, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That the Secretary of State is authorized, notwithstanding any other provision of law and subject to the conditions provided in this act, to enter into an agreement with the appropriate official or officials of the United Mexican States for the operation and maintenance by the International Boundary and Water Commission, United States and Mexico, of the Nogales sanitation project, located at Nogales, Ariz., and Nogales, Sonora, Mexico, heretofore constructed by the said Commission, which agreement shall contain such provisions relating to a division between the two Governments of the costs of such operation and maintenance, or of the work involved therein, as may be recommended by said Commission and approved by the Government of Mexico and by the Secretary of State on behalf of the Government of the United States: Provided, That no such agreement shall be entered into until the governing body of the city of Nogales, Ariz., has given assurances satisfactory to the Secretary of State that it will, so long as such agreement remains in force, contribute an equitable proportion, as determined by the United States section of said Commission, subject to the approval of the Secretary of State,

of the costs of such operation and maintenance allocated to the United States.

SEC. 2. There is authorized to be appropriated to the United States section, International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to defray such costs as may accrue to the United States arising out of any such agreement for the operation and maintenance of such project: Provided, That funds heretofore appropriated to the Department of State under the heading "International Boundary and Water Commission, United States and Mexico”, shall be available for expenditure for the purposes of this act: Provided further, That any moneys received from the United Mexican States under the terms of any such agreement shall be available for expenditure in connection with any appropriations which may be available or which may be made for the purposes of this act: And provided further, That moneys received from the city of Nogales, Ariz., pursuant to the provisions of this act shall be available for expenditure in connection with any appropriations which may be available or which may be made available for the purposes of this act.

Mr. WILEY. Mr. President, I ask unanimous consent to have printed in the RECORD at this point a statement prepared by me on the subject of the Nogales sanitation project.

There being no objection, the statement was ordered to be printed in the RECORD, as follows:

STATEMENT BY SENATOR WILEY ON NOGALES SANITATION PROJECT

Senate bill 498 authorizes the Secretary of State to enter into an agreement with Mexico looking toward the operation and maintenance of the Nogales Sanitation project by the International Boundary and Water Commission, United States and Mexico. The Commission built the project and the costs were devided equally between the United States and Mexico. The United States share of the burden was borne by the Federal Government.

The project is now nearing completion and the problem of maintenance and operation has to be settled. Past experience with similar border communities has shown that because of the international character of the problem and the technical experience of the Boundary Commission, operation of the facilities by the latter was the most adequate solution. Such operation was authorized by the 81st Congress for like projects at Douglas, Ariz., and Calexico, Calif., and has proven successful. The Committee on Foreign Relations recommends that the same solution be applied to the Nogales project.

The bill also authorizes the appropriation of such sums as may be necessary to pay the United States share of this operation. The Department of State estimates that the annual cost will be about $15,000 for the next 10 years with Mexico paying half of this amount. The city of Nogales is to pay 75 percent of the United States cost, this making the estimated annual cost to the Federal Government approximately $1,875. Since $1,875. the Federal Government has spent about $235,000 building the facility, the amount seems reasonable to protect and safeguard the Federal investment in the Nogales Sanitation project. The identical bill, Senate bill 960, was passed by the Senate last year but died in the House.

TOLL BRIDGE ACROSS ST. MARYS RIVER, MICH.

The bill (H. R. 4302) to revive and reenact the act entitled "An act authorizing the State of Michigan, acting