ADDITIONS TO OREGON, SIUSLAW, AND CRATER NATIONAL FORESTS, OREG. OCTOBER 28, 1919.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. SINNOTT, from the Committee on the Public Lands, submitted the following REPORT. [To accompany H. R. 8028.] The Committee on the Public Lands, to whom was referred the bill (H. R. 8028) to add to the Oregon, Siuslaw and Crater National Forests in Oregon certain tracts of lands for the protection of the water supply of the cities of Ashland, Corvallis, Dallas, and Oregon City, having carefully considered the same, report the bill back to the House, with certain amendments, with the recommendation that as amended the bill do pass. The committee offered the following amendments: On page 2, line 7, after the word "Forests" insert the following: "subject to all laws affecting national forests." On page 3, line 17, strike out the words "Forest Service, Department" and insert in lieu thereof the word "Secretary." On page 3, line 20, strike out the words "Forest Service" and insert in lieu thereof the word "Secretary." On page 3, line 18, strike out the word "sold" and insert in lieu thereof the word "cut." On page 3, line 21, strike out the words "sell and," also the words. "to the highest bidder." In the title of said bill, in line 1, strike out the words "reserve as parts of" and insert in lieu thereof the words "add to." In the last line of said title, change the period following the word "States" to a comma and add the following words: "and for other purposes." The lands which it is proposed to add to these national forests are small areas of the lands formerly granted to the Oregon & California Railroad Co., but which were revested in the United States by an H R-66-1-vol 2-35 act of Congress approved June 9, 1916 (39 Stat. L., 218-223), pursuant to a decision of the Supreme Court of the United States rendered June 21, 1915 (238 U. S., 303-439). The cities mentioned in the bill own their water systems, and have constructed pipe lines of considerable length to the intakes in the mountains from which their water supplies are derived, in order to obtain an adequate quantity of pure water for the use of their citizens. Each city is confined to its present source of supply for the reason that there is no other source from which it can secure water from mountain streams. The lands which the bill proposes to add to the natural forests are intermingled with other lands from which they obtain water, and are absolutely necessary in order to provide an adequate amount of pure water. These lands are largely forested. If they are cut over and burned over, as a natural consequence the water supplies will become contaminated, the quantity now available during the summer seasons will be greatly reduced, and the regularity of flow will be seriously impaired; instead of being stored in the mountains for summer use, as it now is, by percolation into natural reservoirs, if the natural forest cover is destroyed, the precipitation will run rapidly from the areas deprived of such cover and be wasted. Some of the cities, and especially Corvallis, the seat of the Oregon Agricultural College, suffer now from a scarcity of water in unusually dry summers. These cities have made municipal improvements, including paving, construction of sewers and of the water systems, and for other municipal purposes, and have issued bonds to provide payment therefor to such an extent that they have practically reached the legal limit of indebtedness, and for the present are not in a position to purchase these lands. There is precedent for this action. One precedent arises in connection with these same Oregon & California lands. Congress passed an act approved October 21, 1918, by which it added to the Oregon National Forest an area of about 11,000 acres, which largely exceeds the total of the areas described in this bill, for the protection of the water supply of the city of Portland, Oreg. (40 Stat. L., 1015.) The Secretary of Agriculture submitted in connection with that transfer the following report: Hon. SCOTT FERRIS, DEPARTMENT OF AGRICULTURE, Chairman Committee on Public Lands, House of Representatives. DEAR MR. FERRIS: Receipt is acknowledged of a copy of the bill H. R. 6971, "To reserve as a part of the Oregon National Forest certain lands that were revested in the United States pursuant to the decision of the Supreme Court of the United States in the case of the Oregon & California Railroad Co. against the United States," together with a letter to you from Hon. C. N. McArthur and a report upon the measure made by the Secretary of the Interior. In your letter you request that this department send such suggestion as it may desire to make. As indicated by its title, the bill proposes that somewhat less than 11,000 acres of lands formerly granted the Oregon & California Railroad Co., and which have become revested in the United States, be made a part of the Oregon National Forest. In the report made by the Interior Department it is shown that the purpose of this addition is to help preserve the purity of the water used by the municipality of Portland, Oreg. About 30 years ago the officials and citizens of the city of Portland, realizing the importance of protecting the watershed used by the municipality, sought to have approximately six townships in what is now the Oregon National Forest reserved from entry and disposition. This embraced the land through which the Bull Run River and its tributaries extends from Bull Run Lake close to the Cascade Divide, westerly toward the city of Portland. This effort resulted in the proclamation of June 17, 1892, which established this area as the Bull Run Forest Reserve. In an endeavor to grant further protection to this area Congress passed the act of April 28, 1904 (33 Stat., 526), which prohibits grazing and trespass upon the Bull Run area and excludes all persons therefrom, except forest officers and Federal and State officials, and employees of the Portland water board in the discharge of their duties. Prior to the reservation of this land in 1892 the Oregon & California Railroad Co. made selections in what is now the Bull Run area of alternate sections of land. These, as stated by the Secretary of the Interior, comprise 10,760.73 acres. Checkerboard fashion, they extend over much of the eastern point of the Bull Run Reservation and lie, for the most part, on the Bull Run drainage. Prior to the passage of the act of June 9, 1916 (39 Stat., 218), which revested them in the Government, title to these areas was in the railroad company. While the lands were in railroad ownership neither this department nor the city officials had any jurisdiction whatever to administer them. They therefore presented an opportunity for contamination of the watershed, which could not be prevented except through the courtesy of the railroad. The city officials of Portland have always jealously guarded this watershed to prevent pollution of the water supply, and this department has given every possible aid in protecting and administering the Bull Run watershed, recognizing always that the highest use of these lands was for municipal watershed purposes. While all parts of these O. & C. lands are not directly on the drainage of the Bull Run River, their administration in connection with the watershed is highly essential. Without it, adequate protection from fire or use could not be maintained. Furthermore, in addition to the lands which lie on the watershed of Bull Run River, some of them are on the drainage of the Little Sandy River. Although at the present time the Portland city water supply is obtained wholly from Bull Run River, it is understood that more comprehensive plans are contemplated by the city officials which will take in the waters from the Little Sandy. To permit any of these lands to be disposed of under the terms of the act of June 9, 1916, would no doubt interfere with the city's plan for a permanent future water supply. For the most part these lands are rough and mountainous, too steep for cultivation, and their principal use will always be for timber production or watershed protection. They are similar in this respect to the other lands within the Bull Run Reservation. This department feels that all of the railroad lands within the Bull Run area, which have become revested in the United States, should be added to the forest as a measure of protection for the water supply of the city of Portland, and therefore approves the bill in its present form. Very truly, yours, D. F. HOUSTON, Secretary. This committee reported favorably on a similar bill, H. R. 12770, in the third session of the Sixty-fifth Congress on January 2, 1919, Report No. 883. The pending bill differs from the former bill only in the inclusion of provision for the city of Ashland, and in a slightly different arrangement in the interest of clearness. The Secretaries of Interior and Agriculture have submitted favorable reports upon the measure, and on the measures pending in the preceding Congress for the same purpose, as follows: DEPARTMENT OF THE INTERIOK, Hon. N. J. SINNOTT, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. SINNOTT: In response to your request therefor, report is made on H. R. 8028, as follows Said bill, entitled "A bill to reserve as parts of the Oregon, Siuslaw, and Crater National Forests in Oregon certain lands that were revested in the United States pursuant to the decision of the Supreme Court in the case of the Oregon and California Railroad Company against the United States," proposes to add to said forests certain lands described therein for the conservation and protection of the water supplies of the cities of Oregon City, Dallas, Corvallis, and Ashland, Oreg., which are within the limits of the grant by the United States to the Oregon & California Railroad Co., and the title to which was revested in the United States by the act of June 9, 1916 (39 Stat., 218). The tracts described in the bill which are proposed to be reserved for the benefit of Oregon City, Dallas, and Corvallis were the subject of legislation proposed in H. R. 12770, Sixty-fifth Congress, upon which a report was made by me October 4, 1918, recommending the approval of the bill upon its amendment as therein indicated. A copy of said report is hereto attached. The tracts described in the bill which are proposed to be reserved for the benefit of the city of Ashland, Oreg., were the subject of legislation proposed in H. R. 11550, Sixty-fifth Congress, upon which a report was made by me January 11, 1919, in which it was stated that with the amendments suggested the bill met with my approval. A copy of said report of January 11, 1919, is also attached. In addition to the data contained in said reports as to the status of the lands described therein, I am informed that the records of the General Land Office show that the SE. of sec. 33, T. 7 S., R. 6 W., proposed to be reserved for the benefit of the city of Dallas, is included in water-power designation No. 14 by departmental order dated December 12, 1917, and was included in power-site reserve No. 661 by Executive order dated December 12, 1917. The NE., N. 1 NW. sec. 19, NE. sec. 27, NW. NW. 1, S. NW. †, S. Į NE. sec. 29, and SE. NW. 1, E. SW. 1, and E. sec. 31, T. 4 S., R. 5 E., were included in water-power designation No. 14 by departmental order dated December 12, 1917, but have not been formally included in a power-site reserve. It is further shown that H. R. 12770 was reported upon favorably on January 2, 1919, by the Committee on the Public Lands, with certain suggestion amendments, and ordered printed. So far as the records of this department show, no action was taken on H. R. 11550. The bill now under consideration, H. R. 8028, is a consolidation of the provisions of said H. R. 12770 and 11550 and embodies all the amendments to the former bills suggested by the Secretary of Agriculture and by me. Having in mind the purposes intended to be served by the proposed legislation, I would recommend the same to your favorable consideration. Cordially, yours, Hon. SCOTT FERRIS, F. K. LANE, Secretary. DEPARTMENT OF THE INTERIOR, House of Representatives. Chairman Committee on the Public Lands, MY DEAR MR. FERRIS: In response to your request therefor report is made on H. R. 11550 as follows: Said bill, entitled "A bill to reserve as part of the Crater National Forest in Oregon certain lands formerly a part of the grant to the Oregon and California Railroad Company but revested in the United States in accordance with a decision of the Supreme Court of the United States recorded in two hundred and thirty-eighth United States Reports, page 393," proposes to add to the Crater National Forest the tracts of land therein described for the protection of the water supply of the city of Ashland, Oreg. The records of the General Land Office show that the tracts described, the E. sec. 19, E. NW. 1, E. SW., and E sec. 21, T. 39 S., R. 1 E., Willamette meridian, Oregon, were patented to the Oregon & California Railroad Co. under its grant by the act of July 25, 1866 (14 Stat., 239), and title thereto was revested in the United States under the provisions of the act of June 9, 1916 (39 Stat., 218). All of the tracts revested in the United States were classified as agricultural except the SE. NE. † and S. SE. sec. 19, which were reported as containing more than 300,000 feet board measure of timber on each 40-acre subdivision, and were therefore classified as timberland. There is some timber on the subdivisions classified as agricultural, less than 300,000 feet board measure on each 40-acre subdivision, which is reported by the cruisers as being valuable only for posts and cordwood. It is further shown that the tracts immediately adjoin the exterior limits of said Crater National Forest in said township. It also appears from data available in the General Land Office that these tracts are located on or immediately adjacent to Ashland Creek and its tributaries 2 or 3 miles from the city of Ashland and are valuable for watershed protection purposes. It would therefore seem to be advisable that they should not be permitted to pass into private ownership under the provisions of said act of June 9, 1916, and I would therefore interpose no objection to the reservation proposed by said bill. In this connection, however, attention is directed to the fact that the Government must under the provisions of the act of June 9, 1916, reimburse the railroad company at the rate of $2.50 per acre for all the lands taken over by the United States thereunder, and that the reservation proposed, by withholding these lands and the timber thereon from disposition, will reduce the total proceeds to be received by the Government from the sales of such timber or lands prescribed for the revested area. It will also, in the event of a surplus remaining from such proceeds after the net amount due the railroad company and the sum paid for accrued taxes have been deducted, necessarily reduce the portion of such surplus allotted to the State of Oregon, and materially that which Jackson County would receive, which is to be apportioned from the net amount of the proceeds from the sales of timber and lands, as well as the amounts to be credited from such surplus to the reclamation and general funds as provided in section 10 of said act. For this reason I believe that the timber should be sold where it can be done without material damage to the water supply and would therefore recommend that the bill be amended by adding thereto a section 2, reading as follows: "SEC. 2. That when the Forest Service, Department of Agriculture, finds that merchantable timber may be sold from the above-described lands without detriment to the purity of or depletion of the water supply of Ashland, said Forest Service is hereby authorized to sell and dispose of to the highest bidder such merchantable timber on the lands added to said national forest by section 1 hereof and the entire proceeds of such sale shall be deposited in the Treasury of the United States in a special fund designated as 'The Oregon and California land-grant fund,' referred to in section 10 of the said act of June 9, 1916, and be disposed of in the manner therein designated: Provided, That in the event any of said lands are eliminated from said forest as not necessary for the purposes for which this reservation is made they shall be disposed of in the manner provided for by said act of June 9, 1916.” While no objections are interposed to the general purposes of the bill, the lands not necessary for the protection of the water supply of said city of Ashland should be excluded from the provisions thereof and be disposed of in the manner prescribed by said act of June 9, 1916. It is believed that the Forest Service, Department of Agriculture, will be in a position to advise your committee as to what portion, if any, of said lands is not necessary for the purposes named. As the administration of the national forest is under the jurisdiction of the Secretary of Agriculture, I would therefore suggest a reference of the bill to him for specific information as to the area necessary for the proposed protection of the water supply of said city of Ashland and for such other recommendations as he may deem proper. With the amendment above suggested the bill meets with my approval. ALEXANDER T. VOGELSANG, DEPARTMENT OF THE INTERIOR, Hon. SCOTT FERRIS, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. FERRIS: In response to your request therefor, report is made upon H. R. 12770 as follows: Said bill, entitled "A bill to reserve as part of the Oregon and Siuslaw National Forests in Oregon certain lands that were revested in the United States pursuant to the decision of the Supreme Court of the United States in the case of the Oregon and California Railroad Company against The United States," proposes to add to said forests certain lands therein described in order to prevent the depletion and contamination of the water supply of the cities of Corvallis, Dallas, and Oregon City, Oreg The records of the General Land Office show that the tracts described, aggregating in area 8,008.07 acres, were patented to the Oregon & California Railroad Co. under its grant by the act of July 25, 1866 (14 Stat., 239), and title thereto was revested in the United States under the provisions of the act of June 9, 1916 (39 Stat., 218). The tracts in T. 4 S., R. 5 E., are within the exterior limits of the Oregon National Forest, but were not affected by the various proclamations establishing said forest, for the reason that they were patented to the railroad company and therefore excepted from the terms of the proclamation establishing said forest reservation. The tracts in T. 5 S., R. 4 E., adjoin said Oregon National Forest on the west. The tracts in T. 7 S., R. 6 W., are about 11 miles east of the eastern line of the Siuslaw National Forest boundary, in T. 7 S., R. 8 W., and the tracts in T. 12 S., R. 7 W., are 8 miles east of the eastern boundary of said Siuslaw National Forest, in T. 12 S., R. 9 W., Willamette meridian, Oregon. |