not be construed to exempt or relieve such applicant or entryman from payment of any lawful fees, commissions, purchase moneys, water charges, or other sums due to the United States, or its successors in control of the reclamation project, in connection with such lands.' The bill as thus amended by the committee reads as follows: "A BILL To amend the act of March 1, 1921 (41 Stat., 1202), entitled "An act to authorize certain homestead settlers or entrymen who entered the military or naval service of the United States during the war with Germany, to make final proof of their entries." "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act approved March 1, 1921 (Forty-first Statutes, 1202), be amended to read as follows: "That any bona fide settler, applicant, or entryman under the homestead laws of the United States, or any desert-land entryman whose entry is subject to the provisions of the act of June 17, 1902 (Thirty-second Statutes, page 388), who, after settlement, application, or entry, and prior to November 11, 1918, enlisted or was actually engaged in the United States Army, Navy, or Marine Corps during the war with Germany, who has been honorably discharged and because of physical incapacities due to the service is unable to return to the land, may make final proof, without further residence, improvement, cultivation, or reclamation, at such time and place as may be authorized by the Secretary of the Interior, and receive patent to the land by him so entered or settled upon, subject to the provisions of the act or acts under which such settlement or entry was made: Provided, That no such patent shall issue prior to the conformation of the entry to a single farm unit, as required by the act of August 13, 1914 (Thirty-eighth Statutes, 686): And provided further, That this act shall not be construed to exempt or relieve such applicant or entryman from payment of any lawful fees, commissions, purchase moneys, water charges, or other sums due to the United States, or its successors in control of the reclamation project, in connection with such lands.'” The bill was submitted by the chairman of this committee to the Secretary of the Interior for a report. The Department of the Interior reported favorably thereon, with a suggested amendment. The amendment suggested by the Secretary of the Interior has been adopted by the committee. The report of the Department of the Interior is herein set out in ful! for the information of the House, as follows: Hon. N. J. SINNOTT, Chairman Committee on the Public Lands, DEPARTMENT OF THE INTERIOR, House of Representatives. MY DEAR MR. SINNOTT: Reference is made to your letter of October 26, 1921, transmitting copy of H. R. 8815, with request for report. The proposed measure is entitled "A bill to authorize certain homestead settlers or entrymen on United States reclamation projects who entered the military or naval service of the United States during the war with Germany to make final proof of their entries." The act of March 1, 1921 (Public, No. 351, 66th Cong.), gives to certain entrymen who were veterans of the World War and were incapacitated in service the right to secure patent to public lands without further meeting the requirements of the homestead laws regarding residence, improvement, and cultivation. H. R 8815 would amend this act by also eliminating as to such veterans the provisions regarding reclamation under Federal irrigation projects. Therefore it is believed the proposed measure should be in the form of an amendment to the act of March 1, 1921, and the following draft is suggested: "AN ACT To amend the act of March 1, 1921 (Public, No. 351, Sixty-sixth Congress), entitled 'An act to authorize certain homestead settlers or entrymen who entered the military or naval service of the United States during the war with Germany to make final proof of their entries."" "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act approved March 1, 1921 (Public, No. 351, Sixtysixth Congress), be amended to read as follows: "That any bona fide settler, applicant, or entryman under the homestead laws of the United States, or any desert-land entry; man, whose entry is subject to the provisions of the act of June 17, 1902 (Thirty-second Statutes, page 388), who, after settlement. application, or entry, and prior to November 11, 1918, enlisted or was actually engaged in the United States Army, Navy, or Marine Corps during the war with Germany, who has been honorably discharged and because of physical incapacities due to the service is unable to return to the land, may make final proof, without further residence, improvement, cultivation, or reclamation, at such time and place as may be authorized by the Secretary of the Interior, and receive patent to the land by him so entered or settled upon, subject to the provisions of the act or acts under which such settlement or entry was made: Provided, That no such patent shall issue prior to the conformation of the entry to a single farm unit, as required by the act of August 13, 1914 (Thirty-eighth Statutes, 686): And provided further, That this act shall not be construed to exempt or relieve such applicant or entryman from payment of any lawful fees, commissions, purchase moneys, water charges, or other sums due to the United States, or its successors in control of the reclamation project, in connection with such lands." It is noted that H. R. 8815 does not include ex-service desert-land entrymen whose lands are within a Federal irrigation project. It would seem that they are entitled to any beneficial legislation of this kind equally with homestead entrymen. It is believed that it should be specially provided in such legislation that no patent shall issue prior to the conformation of the entry to a farm unit, and further that such an entryman is not to be relieved from the payment of all lawful fees, commissions, purchase moneys, and charges as provided in the above draft. If the proposed measure be changed to conform with the above suggestions it is believed that it should be enacted into law. Respectfully, E. C. FINNEY, Acting Secretary. The act of March 1, 1921, Public, No. 351, Sixty-sixth Congress (41 Stat., 1202), is as follows: "[PUBLIC-No. 351-66th Congress.] "[H. R. 13592.] "AN ACT To authorize certain homestead settlers or entrymen who entered the military or naval service of the United States during the war with Germany to make final proof of their entries. "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any settler or entryman under the homestead laws of the United States, who, after settlement, application, or entry and prior to November 11, 1918, enlisted or was actually engaged in the United States Army, Navy, or Marine Corps during the war with Germany, who had been honorably discharged and because of physical incapacities due to service is unable to return to the land, may make proof, without further residence, improvement, or cultivation, at such time and place as may be authorized by the Secretary of the Interior, and receive patent to the land by him so entered or settled upon: Provided, That no such patent shall issue prior to the survey of the land. "Approved, March 1, 1921." The entries referred to in the proposed legislation are those which were made subject to the conditions and limitations of the reclamation act of June 17, 1902, and amendments thereof. The proposed legislation is to place homestead entrymen and desert land claimants under reclamation projects in the same position as homestead claimants were placed under and by virtue of the provisions of the act of March 1, 1921. The following decision of the Commissioner of the General Land Office shows the necessity for the proposed legislation as it affects homesteaders and desert land entrymen under United States reclamation projects under the act of June 17, 1902, and amendments thereof. The decision of Commissioner Hon. William Spry, of date August 3, 1921, is as follows: DEPARTMENT OF THE INTERIOR, REGISTER AND RECEIVER, Bellefourche, S. Dak. SIRS: On April 23, 1917, Claude E. Barber made homestead entry 015942, for farm unit G, or lots 2, 3, 4, and SE. SW. sec. 30, T. 9 N., R. 7 E., B. H. M., subject to the reclamation act of June 17, 1902 (32 Stat., 388), and situated within the Bellefourche irrigation project. This office is in receipt of a letter dated June 22, 1921, from said entryman inquiring as to what steps are necessary on the part of an entryman to secure the benefits of the act of March 1, 1921. (Public, 351.) In answer to his inquiry, you are instructed to forward to the entryman the inclosed copy of Circular 745, containing said act of March 1, 1921, and the regulations thereunder, which include a statement of the procedure necessary to obtain the benefits of said act. You are hereby instructed that in the event he submits the proof required under said act and the same be found regular by your office, you will transmit such proof to this office with your monthly returns without issuing final certificates on the entry. See paragraph 51, General Reclamation Circular. Upon receipt of such proof here it will be examined and if found satisfactory will be accepted as sufficient under the ordinary provisions of the homestead law as modified by the act of March 1, 1921, above mentioned, and notice of such acceptance will be sent to the claimant through the local land office. However, this entry was made subject to the conditions and limitations of the reclamation act of June 17, 1902, and the act of March 1, 1921, is in effect an amendment of the homestead law and does not abrogate the provisions of the reclamation act. These two laws are separate and distinct, and the conditions as to reclamation of onehalf the irrigable area and payment of water charges are conditions not of the homestead law but are imposed by the act of June 17, 1902, on entries of lands within reclamation projects, as a further or additional requirement. In support of the legal principle involved in this interpretation, see 45 Land Decisions, 61-65. Therefore, if such homestead proof under the act of March 1, 1921, be found sufficient by this office, no further residence on the land will be required, but before final certificate and patent can lawfully issue it will be necessary that final affidavit be submitted, approved by the project manager, showing reclamation of one-half the irrigable area of the entry and payment of all fees, commissions, and water charges to date of such proof. See paragraphs 59-60 of the General Reclamation Circular. No time being specifically prescribed by law within which the final affidavit of reclamation shall be submitted, it is assumed that it was intended to grant only such reasonable period of time as might be required for such purpose and that, while the claimant may delay proof of reclamation until the expiration of the time fixed for making payment of the last installment of construction charges under the reclamation act, as provided in sections 1 and 2 of the act of August 13, 1914 (38 Stat., 686), he must nevertheless submit such proof of reclamation within a reasonable time thereafter. You will forward a copy of this letter to the entryman by ordinary mail, inclosing therewith a copy of the General Reclamation Circular and of Circular 745. Very respectfully, Approved: Amend the title to read as follows: WILLIAM SPRY, Commissioner. E. C. FINNEY, First Assistant Secretary. "A bill to amend the act of March 1, 1921 (Forty-first Statutes, page 1202), entitled 'An act to authorize certain homestead settlers or entrymen who entered the military or naval service of the United States during the war with Germany to make final proof of their entries.' "' SENATE. 67TH CONGRESS, 2d Session. { REPORT No. 520. EXCHANGE OF CERTAIN LANDS, TAHOE NATIONAL FOREST, CALIF. FEBRUARY 23 (calendar day, FEBRUARY 28), 1922.-Ordered to be printed. Mr. SMOOт, from the Committee on Public Lands and Surveys, submitted the following REPORT. [To accompany H. R. 8832.] The Committee on Public Lands and Surveys, to whom was referred the bill (H. R. 8832) to provide for the exchange of certain lands of the United States in the Tahoe National Forest, Calif., for lands owned by William Kent, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. Report No. 497 from the House Committee on the Public Lands sets forth fully the purpose of this legislation in the following language: [House Report No. 497, Sixty-seventh Congress, second session.] The Committee on the Public Lands, to whom was referred the bill (H. R. 8832) to provide for the exchange of certain lands of the United States in the Tahoe National Forest, Calif., for lands owned by William Kent, having considered the same, report it back to the House with one amendment, and as thus amended with the recommendation that it do pass. 1. In line 6, page 5, change the word "forty-two" to "fifty-two." The bill was submitted by the chairman of this committee to the Secretaries of Agriculture and Interior for report. Both departments reported favorably thereon. The reports of both departments are herein set out in full for the information of the House, as follows: Hon. N. J. SINNOTT, DEPARTMENT OF AGRICULTURE, Chairman Committee on the Public Lands, House of Representatives. DEAR MR. SINNOTT: Reference is made to your letter of October 29, receipt of which was acknowledged under date of October 31, requesting a report on House bill 8832, a bill to provide for the exchange of certain lands of the United States in the Tahoe National Forest, Calif., for lands owned by William Kent. The proposed legislation if enacted would allow the United States to exchange approximately 5 acres of land now in public ownership within the Tahoe National Forest for an equal acreage of privately owned lands in the same locality. The reasons for the desired legislation are as follows: Some two years ago Hon. William Kent, formerly a Representative in Congress from the State of California, donated to the United States a tract of 23.38 acres on the shores of Lake Tahoe within the Tahoe National Forest, Calif. The purpose of the donation was to provide land on which a free public camp ground might be established on the shore of Lake Tahoe. There was no publicly owned land in the vicinity available for this purpose. Partly through private contributions this land has been improved for camping purposes and during the last two seasons has been visited by a great number of automobile parties. It has been found, however, that the portion of the ground fronting on the fake does not afford the best bathing facilities nor the most desirable conditions for the construction of a small wharf, which is essential in connection with the best use of the area for boating. Mr. Kent, therefore, purposes to grant in lieu of this strip another strip of equal acreage which is more desirable in that it will afford better bathing and wharfage facilities and will also allow persons to pass from the camp grounds to the lake with less possibility of intruding on other privately owned lands. The objects of this arrangement are in the interests of the public and entirely unselfish on the part of Mr. Kent. In my judgment the measure is most meritorious and its enactment into law would materially enhance the value of the camp ground, which is rapidly becoming one of the most important and attractive camping places in that part of California. Very truly, yours, HENRY C. WALLACE, Secretary. DEPARTMENT OF THE INTERIOR, Hon. N. J. SINNOTT, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. SINNOTT: I am in receipt, by your reference, of H. R. 8832, a bill to provide for the exchange of certain lands of the United States in the Tahoe National Forest, Calif., for lands owned by William Kent, and you are advised that the records of the General Land Office show that all the lands, those to be relinquished as well as those to be selected, were withdrawn on June 24, 1912, under the act of June 17, 1902 (32 Stat., 388), for the Truckee-Carson project. The bill, in describing the land to be relinquished and that to be selected, makes reference to "Sunnyside tract, property of N. D. Rideout," presumably identified by local survey, and neither tract can be identified in accordance with the Government survey. It is to be observed that a portion at least of the Sunnyside tract which it is proposed to grant to Mr. Kent is in section 19, T. 15 N., R. 17 E., Mount Diablo meridian, granted to the Central Pacific Railroad under the acts of July 1, 1862, and July 2, 1864, and patented April 18, 1870. There is no record in this department of the reconveyance of said land to the Government, but a copy of a letter from the.Secretary of Agriculture dated October 25, 1921, and addressed to Hon. John E. Raker, House of Representatives, has been submitted, stating that in 1919 Mr. Kent donated to the United States Government a tract of 23.38 acres, on the shore of Lake Tahoe, within the Tahoe National Forest, and that the purpose of the donation was to provide ground for a public camp on Lake Tahoe; that it subsequently developed that a portion of the lands so designated fronting on the lake does not afford the best bathing facili ties, nor the most desirable facilities for the construction of a wharf, which is essential to the best use of the area; that Mr. Kent proposed to grant, in lieu of this tract not found available, "another strip of equal acreage extending from the northeast corner of the main body of the donated land." The Secretary concluded that the exchange would be in the public interest. Available information indicates that the word "forty-two," in line 6, page 5, should be changed to "fifty-two." This department has no objection to interpose to the enactment of the bill, which appears to be in the public interest. Sincerely, E. C. FINNEY, Acting Secretary. |