CONGRESSIONAL RECORD - SENATE

from the Secretary of the Senate, which

was read and ordered to lie on the table:

UNITED STATES SENATE,

OFFICE Or THE SECRETARY,

June 8, 1956.

To the PRESIDENT or THE SENATE:

Attached hereto is a sealed envelope from

the President of the United States addressed to the President of the Senate of

the United States, said to contain a veto

message on the joint resolution (S. J. Res.

135) for payment to Crow Indian Tribe for

right-of-way for Yellowtail Dam and Reservoir, Hardin unit, Missouri River Basin

project, Montana-Wyoming.

In view of the fact that, as shown by the

official records of my office, the 10-day period during which the President, under

the Constitution, had to act upon the joint

resolution will expire at midnight tonight,

and the Senate having adjourned on yesterday until Monday next, I received the

veto message today at 2:35 p. m., under

authority of the decision of the Supreme

Court of the United States in the case of

Wright v. United States (302 U. S. 573) on January 17, 1938.

Respectfully,

FELTON M. JOHNSTON,

Secretary of the Senate.

PAYMENT TO CROW INDIAN TRIBE

FOR RIGHT-OF-WAY FOR YELLOWTAIL DAM AND RESERVOIRVETO MESSAGE (S. DOC. NO. 128)

The PRESIDENT pro tempore laid before the Senate the following message

from the President of the United States,

which was read, and, with the accompanying joint resolution, referred to the

Committee on Interior and Insular Affairs, and ordered to be printed:

To the United States Senate:

I return herewith, without my approval, Senate Joint Resolution 135, for

payment to Crow Indian Tribe for rightof-way for Yellowtail Dam and Reservoir, Hardin unit, Missouri River Basin

project, Montana-Wyoming.

The joint resolution would pay the

Crow Indian Tribe, Montana, $5 million as "just compensation" for certain tribal

lands required for the construction, operation, and maintenance of the Yellowtail Dam and Reservoir. The area of

the land comprises 5,677.94 acres and

such additional land as the Secretary

of the Interior determines to be required

for the construction of minimum basic

recreational facilities for the accommodation of the public, which it is understood will increase the total area to somewhat more than 6,000 acres.

In essence, this resolution culminates

a decade of negotiation and disagreement between the Department of the Interior and the Crow Indians with respect

to the amount of compensation to be

paid to the tribe for lands required for

the Yellowtail Dam and Reservoir, for

which the initial construction appropriation was made in the fiscal year 1956

and for which an additional $10,850,000 was included in the budget for the fiscal

year 1957.

The standard of payment for land acquired by the Government is "just compensation," or "fair market value."

However, I recognize that, as a matter of

policy, the Federal Government has made

awards in excess of "just compensation"

In other cases involving Indian lands.

If the Congress determines that it wishes

to provide for an extra payment in this

case, it should not be done under the

claim that it is "just compensation."

The amount, the method for computing

It, and the equitable justification for it,

should be clearly established on acceptable premises. Neither the resolution

nor the legislative history does this.

According to my information, the acquisition by the United States of the

land contemplated will not interfere with

the tribal life, except as to a small area

used for grazing, and will not displace

any of the members of the tribe since

the area is not inhabited and consists

almost wholly of inaccessible land,

largely of bare, precipitous canyon walls.

Thus, the only justification for an additional sum over and above "just compensation" arises from the value of the

land as a power site. General principles

of constitutional law exclude power site

values in determining "just compensation" as the Supreme Court recently

reiterated in United States v. Twin City

Power Co., January 23, 1956.

A statutory settlement of this kind

of controversy might be acceptable if

soundly and equitably premised and if

it reflected a substantial measure of

agreement between parties to the dispute. I regret that the extravagant

nature of the award contemplated by

Senate Joint Resolution 135 requires this

action which may cause some additional

delay in proceeding with the construction of the Yellowtail unit. It is my

hope that the Congress can approve a

statutory settlement which will permit

expeditious action to proceed with the

construction of this much-needed project.

For these reasons, I have withheld my

approval from this measure.

DWIGHT D. EISENHOWER.

THE WHITE HOUSE, June 7, 1956.

LEAVE OF ABSENCE

Mr. PAYNE. Mr. President, I ask

unanimous consent that the junior Senator from North Dakota [Mr. YOUNG] be

granted leave of absence from the Senate beginning today and extending

through Friday of this week.

The PRESIDENT pro tempore. Without objection, leave is granted.

COMITTEE MEETINGS DURING

SENATE SESSION

On request of Mr. JOHNSON of Texas,

and by unanimous consent, the Internal

Security Subcommittee of the Committee

on the Judiciary was authorized to meet

during the session of the Senate today.

On request of Mr. ERVIN, and by unanimous consent, the Interstate and Foreign Commerce Committee was authorized to sit during the session of the Senate today.

LIMITATION OF DEBATE DURING

MORNING HOUR

Mr. JOHNSON of Texas. Mr. President, since the Senate has met today following an adjournment, of course, under

the rule, there will be the usual morning hour. I ask unanimous consent that

there be a limitation of 2 minutes on statements made during the morning

hour.

The PRESIDENT pro tempore. Without objection, it is so ordered.

EXECUTIVE COMMUNICATIONS, ETC.

The PRESIDENT pro tempore laid before the Senate the following letters,

which were referred as indicated:

PLANS FOR WORKS OF IMPROVEMENT ON WATERSHED PROTECTION AND FLOOD PREVENTION

A letter from the Director, Bureau of the

Budget, Executive Office of the President,

transmitting, pursuant to law, plans for

works of improvement on watershed protection and flood prevention (with accompanying papers); to the Committee on Agriculture and Forestry.

REPORT ON BORROWING AUTHORITY

A letter from the Director, Office of Defense Mobilization, Executive Office of the

President, transmitting, pursuant to law, a report on borrowing authority, for the quarter ended March 31, 1956 (with an accom- panying report); to the Committee on Banking and Currency.

LAWS ENACTED By THIRD GUAM LEGISLATURE

A letter from the Assistant Secretary of

the Interior, transmitting, pursuant to law,

copies of laws enacted by the Third Guam

Legislature, 1956 (second regular session)

(with accompanying papers); to the Committee on Interior and Insular Affairs.

AMENDMENT OF AIR COMMERCE ACT OF 1926, RELATING TO THE SALE OF GOODS AND SERVICES IN CERTAIN CASES

A letter from the Secretary of the Air

Force, transmitting a draft of proposed legIslation to amend section 5 of the Air Com- merce Act of 1926 to authorize the sale of

goods and services by any department or independent establishment to the owner of an aircraft or his agent in an emergency,

and for other purposes (with an accompanying paper); to the Committee on Interstate

and Foreign Commerce.

DEVELOPMENT, MARKETING, AND DISTRIBUTION

OF DOMESTIC FISHERY RESOURCES

A letter from the Assistant Secretary of

the Interior, transmitting a draft of pro- posed legislation to encourage the development, marketing, and distribution of domestic fishery resources of the United States,

and for other purposes (with an accompanying paper); to the Committee on Interstate

and Foreign Commerce.

REPORT OF BACKLOG OF PENDING APPLICATIONS

AND HEARING CASES, FEDERAL COMMUNICATIONS COMMISSION

A letter from the Chairman, Federal Communications Commission, Washington, D. C.,

transmitting, pursuant to law, a report on backlog of pending applications and hearing cases in that Commission, as of April 30,

1956 (with an accompanying report); to the

Committee on Interstate and Foreign Com- merce.

KIM CHUNG HI

A letter from the Secretary of the Army,

transmitting a draft of proposed legislation for the relief of Kim Chung Hi (with an ac- companying paper); to the Committee on the

Judiciary.

REPORT ON ADMINISTRATION OP FOREIGN

AGENTS REGISTRATION ACT

A letter from the Acting Attorney General, transmitting, pursuant to law, a report

of the Attorney General on the administration of the Foreign Agents Registration Act

of 1938, as amended, for the calendar year

1955 (with an accompanying report); to the

Committee on the Judiciary.

1956 9939