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AMEND SECTIONS 1 AND 2 OF THE ACT OF MARCH 3, 1891PROTECTION OF WATERSHEDS GIFT OF CERTAIN LANDS IN CLAYTON COUNTY, IOWA-MISSISSIPPI RIVER WILD LIFE AMENDMENT-BEAL NURSERY AT EAST TAWAS, MICH.-BEAR RIVER MIGRATORY BIRD REFUGE NEW USES OF COTTON-TOBACCO STATISTICS-EXPANDING FOREIGN SERVICE-PLANT QUARANTINE ACT AMENDMENT

HOUSE OF REPRESENTATIVES,
COMMITTEE ON AGRCIULture,
Monday, February 27, 1928.

The committee met at 10 o'clock a. m., Hon. Gilbert N. Haugen (chairman) presiding.

[H. J. Res. 140, Seventieth Congress, first session]

JOINT RESOLUTION To amend sections 1 and 2 of the act of March 3, 1891

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 1 and 2 of the act of March 3, 1891 (Twenty-sixth Statutes at Large, page 833), be amended by adding, after the word "cattle," as it occurs in lines 4 and 6 of section 1 and in lines 2 and 5 of section 2, a comma followed by the words "horses, sheep, goats, or swine," so said that sections as hereby amended shall read as follows:

"That the Secretary of Agriculture is hereby authorized to examine all vessels which are to carry export cattle, horses, sheep, goats, or swine from the ports of the United States to foreign countries, and to prescribe by rules and regulations or orders the accommodations which said vessels shall provide for export cattle, horses, sheep, goats, or swine as to space, ventilation, fittings, food and water supply, and such other requirements as he may decide to be necessary for the safe and proper transportation and humane treatment of such animals.

"SEC. 2. That whenever the owner, owners, or master of any vessel carrying export cattle, horses, sheep, goats, or swine shall willfully violate or cause or permit to be violated any rule, regulation, or order made pursuant to the foregoing section the vessel in respect of which such violation shall occur may be prohibited from again carrying cattle, horses, sheep, goats, or swine from any port of the United States for such length of time, not exceeding one year, as the Secretary of Agriculture may direct, and such vessel shall be refused clearance from any port of the United States accordingly."

The CHAIRMAN. The committee has met this morning to take up the consideration of a number of bills. Most of them are department bills.

We had up for consideration the other day H. J. Res. 140, and we held it up for a few days, in order that Mr. Jones might make an inquiry. The resolution is one to amend sections 1 and 2 of the act of March 3, 1891, in regard to the exportation of cattle, etc.

Mr. JONES. I will say, Mr. Chairman, that I have heard from the associations and others that I took it up with, and they all replied

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that they had no objection to the bill. So I have no objection at all to it.

I will state, Mr. Chairman, that the attorney for the Texas and Southwestern Cattle Raisers Association is in town, and that I believe is the largest association of its kind in America. He said that he thought the bill was all right.

Mr. WILLIAMS. I move that the bill be reported out.

The CHAIRMAN. Without objection, the bill will be considered read and will be reported out favorably, with the amendments suggested. Now, Mr. Woodruff introduced a bill (H. R. 357), that was reported in the last Congress and also passed the House; and now it has been passed by the Senate; but in order to conform to the suggestion made by the Bureau of the Budget, it may be necessary to amend it. It authorizes an appropriation of $2,000,000 a year for the protection of watersheds of navigable streams.

Mr. ANDRESON. Does that include the extra $1,000,000?

Mr. WOODRUFF. The Budget Bureau has already transmitted to the House a request for $1,000,000 for the current year; so that it will not be necessary to include that here.

The CHAIRMAN. No; that will not be necessary.

Without objection, we will take up the Senate bill (S. 1181), and the clerk will read it.

(The clerk read the bill, S. 1181:)

[S. 1181, Seventieth Congress, first session]

AN ACT Authorizing an appropriation to be expended under the provisions of section 7 of the act of March 1, 1911, entitled "An act to enable any State to cooperate with any other State or States, or with the United States, for the protection of the watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers," as amended Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated, out of any money in the United States Treasury not otherwise appropriated, to be expended under the provisions of section 7 of the Act of March 1, 1911 (Thirty-sixth Statutes, page 961), as amended by the Acts of March 4, 1913 (Thirty-seventh Statutes, page 828), June 30, 1914 (Thirty-eighth Statutes, page 441), and the Act of June 7, 1924 (Public, 270), available upon the passage and approval of this bill, $1,000,000; available July 1, 1928, $2,000,000; available July 1, 1929, $3,000,000; available July 1, 1930, $4,000,000; available July 1, 1931, $4,000,000; available July 1, 1932, $5,000,000; available July 1, 1933, $5,000,000; available July 1, 1934, $5,000,000; available July 1, 1935, $5,000,000; available July 1, 1936, $6,000,000; in all for this period, $40,000,000, to be available until expended: Provided, That, except for the protection of the headwaters of navigable streams or the control and reduction of floods therein, no lands shall be purchased under the appropriations herein authorized in excess of one million acres in any one State.

The CHAIRMAN. As I understand it, the bill provides $2,000,000 a year for the next two years?

Mr. WOODRUFF. The one passed last year was only for a two-year program.

The CHAIRMAN. Yes.

Mr. WOODRUFF. Now, this covers more than a two-year program. The CHAIRMAN. But it was suggested that we meant to cover just a two-year program.

Mr. WOODRUFF. This does not cover the same thing as the McSweeney bill, does it?

The CHAIRMAN. No; this is different.

Mr. CLARKE. This is for the purchase of additional land, and the McSweeney bill is for scientific work and tests.

Mr. ANDRESEN. Colonel Greeley, under the provisions of this bill, how much land do you propose to purchase in the Superior National Forest in Minnesota?

Colonel GREELEY. The program there calls for about 700,000 acres as the ultimate purchase, in Superior National Forest.

Mr. ANDRESEN. And some of that purchase will be made under this bill?

Colonel GREELEY. Yes.

The CHAIRMAN. The question is, shall the bill be amended by substituting the Senate bill?

Mr. ANDRESEN. I move that that be done.

Mr. CLARKE. I second the motion.

(The motion was unnanimously adopted.)

The CHAIRMAN. The question now comes upon reporting the bill favorably.

(Upon motion duly seconded, it was unanimously decided to report the bill favorably.)

HOUSE JOINT RESOLUTION 215

The CHAIRMAN. We have a resolution here (H. J. Res. 215) to authorize the Secretary of the Agriculture to accept a gift of certain lands in Clayton County, Iowa, for the purposes of the Upper Mississippi River wild life and fish refuge act. Will you explain that, Mr. Henderson?

Mr. HENDERSON. Mr. Chairman, I have not personally been over that land, but I will be very glad to have Mr. Sherman describe it to you, if you would like to have him do so.

Mr. ASWELL. Where is it located?

The CHAIRMAN. Whoever describes this, I will ask him to be very brief, as we have many other bills.

Mr. SHERMAN. I am not familiar with the legislation.

The CHAIRMAN. They simply donated the land to the United States, and this is to authorize Secretary of Agriculture to accept it. The clerk will read the bill, and also the letter of the Secretary of Agriculture.

(The clerk read the resolution (H. J. Res. 215) and the letter from the Secretary of Agriculture, as follows:)

[H. J. Res. 215, Seventieth Congress, first session]

JOINT RESOLUTION To authorize the Secretary of Agriculture to accept a gift of certain lands in Clayton County, Iowa, for the purposes of the upper Mississippi River wild life and fish refuge act Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture be, and hereby is, authorized to accept on behalf of the United States from James B. Munn, of New York City, New York, a gift of certain lands in Clayton County, Iowa, described as Government lot 1, section 23, township 94 north, range 3 west, fifth principal meridian, fifth-eight and fifty one-hundredths acres; north half Government lot 2, section 23, township 94 north, range 3 west, fifth principal meridian, twenty-four and thirty one-hundredths acres; part of Government lot 1, section 11, township 94 north, range 3 west, fifth principal meridian, eleven acres; Government lot 4, section 11, township 94 north, range 3 west, fifth principal meridian, forty-five and forty-five one-hundredths acres; Government lot 3, section 35, township 95 north, range 3 west, fifth principal meridian, sixtyeight and forty one-hundredths acres; Government lot 4, section 35, township 95 north, range 3 west, fifth principal meridian, thirty-five acres; south part Government lot 2, section 35, township 95 north, range 3 west, fifth principal

meridian, twenty-eight acres; part of north half, section 27, township 95 north, range 3 west, fifth principal meridian, one hundred and thirty-six and seventysix one-hundredths acres; part of southwest quarter, section 22, township 95 north, range 3 west, fifth principal meridian, forty-nine acres; part of east half section 22, township 95 north, range 3 west, fifth principal meridian, thirty-one and fifty-nine one-hundredths acres. Total area, four hundred and eighty-eight acres, including all the buildings and improvements thereon and all rights, easements, and appurtenances thereunto appertaining; and upon acceptance of said lands by the Secretary of Agriculture they shall become a part of the upper Mississippi River wild life and fish refuge established pursuant to the authority contained in the upper Mississippi River wild life and fish refuge act approved June 7, 1924.

Hon. GILBERT N. HAUGEN,

Chairman Committee on Agriculture,

House of Representatives.

DEAR MR. HAUGEN: I am inclosing for the consideration of your committee draft of a proposed resolution to authorize the Secretary of Agriculture to accept a gift of certain lands in Clayton County, Iowa, as described in the resolution for the purposes of the act entitled, “An act to establish the Upper Mississippi wild life and fish refuge," approved June 7, 1924 (43 Stat. 650).

Parts of the lands in T. 94 N., R. 3 W., are above high water. The lands in sections 22 and 27, T. 95 N., R. 3 W., are on the high hills near McGregor, Iowa. They are more or less overgrown with original timber and are especially attractive for upland migratory birds. The parcel in section 35, T. 95 N., R. 3 W., embraces the famous Pike's Peak, an excellent lookout point which would be of great value for that use in connection with fire and other protection of the refuge. The lands offered by Mr. James B. Munn, of New York City, embrace a total area of 488 acres and with the improvements thereon are estimated to be worth thirty or forty thousand dollars. Much of the land is not subject to overflow as it extends up into the hills bordering the river bottom which embraces the land authorized for acquisition under the refuge act. The inclusion of this high land would have the desirable result of lending variety to the refuge. It adjoins the low lands embraced in the refuge and is of great value for administrative as well as for general refuge purposes.

Owing to his interest in the objects of the refuge, Mr. James B. Munn has expressed his desire to donate the lands mentioned to the Government for refuge purposes. If it meets with the approval of your committee we hope that the joint resolution providing for the acceptance of this gift may be placed before Congress.

A similar letter is being sent to Hon. Charles L. McNary, chairman Committee on Agirculture and Forestry, United States Senate.

Sincerely,

R. W. DUNLAP, Acting Secretary.

Mr. ASWELL. Mr. Chairman, is that land free of mortgage?

The CHAIRMAN. As I understand it, these people who are donating the land live in New York, and they have interests in this national forest property. The land has an elevation of about 500 feet. It is on the Mississippi River, and adjoins the 340,000 acres that we have there now.

(On motion duly made and seconded, it was unanimously ordered that the bill be reported favorably.)

[H. J. Res. 200, Seventieth Congress, first session]

JOINT RESOLUTION To amend section 10 of the act entitled "An act to establish the upper Mississippi River wild life and fish refuge," approved June 7, 1924

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 10 of the act entitled "An act to establish the upper Mississippi River wild life and fish refuge," approved June 7, 1924 (Forty-third Statutes at Large, page 650), as amended by joint resolution of March 4, 1925 (Forty-third Statutes at Large, page 1354), be, and the same is hereby, amended by substituting in lieu of the proviso therein contained the

following: "Provided, That the Secretary of Agriculture shall not pay for any land or land and water a price, which, when added to the price of land or land and water heretofore contracted to be purchased, shall exceed an average cost of $10 per acre.

"

Mr. ANDRESEN. In line with that last bill, Mr. Chairman, the committee will recall that some gentlemen from the Biological Survey appeared here about two weeks ago, regarding this same act, "Upper Mississippi River wild life and fish refuge act," and requested authority to increase the average amount paid for lands from $5 an acre to $10 an acre. The representative of that bureau stated that they had purchased all the land they could get for $5 an acre, and requested that additional authority to increase the average price. He stated, and the record will so show, that it would not require any additional authorization of appropriation to get the extra land necessary on the increase in the average price of $10 an acre. And I prepared a resolution to permit that increase.

The CHAIRMAN. There is no such limitation as that in the act, is there? The act provided that it should be purchased within a certain time.

Mr. ANDRESEN. There is such a limitation in the act now; I have compared it.

The CHAIRMAN. Then you know.

Mr. ANDRESEN. Yes; there is a specific limitation. Now, the resolution which I introduced at the request of the department increases that average price, so that they can not pay more than $10 average an acre for the land. But they will not need any more money to get the land that they have to buy.

The CHAIRMAN. Well, they are going to cut down the acreage. Tell us all about it. How much do you propose to buy? Are you going to set aside the lands that are heavily timbered?

STATEMENT OF W. C. HENDERSON, ASSOCIATE CHIEF BIOLOGICAL SURVEY, DEPARTMENT OF AGRICULTURE

Mr. HENDERSON. Yes, sir; they have been set aside. The Government lands there amount 24,963 acres; they have all been set aside. Mr. ASWELL. Have you bought that much?

Mr. HENDERSON. Yes, sir.

Mr. ASWELL. And paid for it?

Mr. HENDERSON. No, sir. Up to the end of December last, we had actually paid for 16,867 acres, and had under contract 22,692 acres additional.

Mr. ASWELL. What do you mean by "under contract"?

Mr. HENDERSON. Under contract to purchase, when the title is approved.

The CHAIRMAN. How much do you contemplate purchasing?

Mr. HENDERSON. Somewhere about 80,000 acres. It has all been appraised, and the appraisal shows prices running from below $6 an acre to a little above $16 an acre. So we believe that, for an average of $10 an acre, we will be able to complete the project without increasing the appropriation.

The CHAIRMAN. There are some islands that are more valuable than that, are they not?

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