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AMEND SECTIONS 3 AND 4 OF THE ACT FOR THE REHABILITATION OF THE BITTER ROOT IRRIGATION PROJECT, MONTANA

May 1, 1935.—Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. KNUTE Hill, from the Committee on Irrigation and Reclama

tion, submitted the following

REPORT

[To accompany S. 946]

The Committee on Irrigation and Reclamation, to whom was re, ferred the bill (S. 946) to amend sections 3 and 4 of the act of July 31930, entitled “An act for the rehabilitation of the Bitter Root irrigation project, Montana”, having considered the same, report thereon with a recommendation that it do

pass. The bill in its present form has the approval of the Department of the Interior, as stated in the following letter from the Secretary:

DEPARTMENT OF THE INTERIOR,

Washington, April 24, 1935. Hon. COMPTON I. WHITE, Chairman Committee on Irrigation and Reclamation,

House of Representatives. My Dear MR. CHAIRMAN: I have received, with request for report, copy of 8. 946, to amend sections 3 and 4 of the act of July 3, 1930, entitled “An act for the rehabilitation of the Bitter Root irrigation project, Mont.," as passed by the Senate and containing the suggested amendments made in my report of February 25, 1935, to Hon. Alva B. Adams, Chairman of the Senate Committee on Irrigation and Reclamation.

There is nothing I wish to add to the report made to the chairman of the Senate committee. I therefore recommend favorable consideration of the act as passed by the Senate. Sincerely yours,

HAROLD L. ICKES,
Secretary of the Interior.

H. Repts., 74-1, vol. 2—37

The report made to the chairman of the Senate Committee on Irrigation and Reclamation, referred to in the above letter from the Secretary, is added and made a part of this report:

INTERIOR DEPARTMENT,

Washington, February 25, 1935. Hon. Alva B. ADAMS, Chairman Committee on Irrigation and Reclamation,

United States Senate. MY DEAR SENATOR ADAMS: I have received, with request for report, copy of S. 946, to amend sections 3 and 4 of the act of July 3, 1930, entitled "An act for the rehabilitation of the Bitter Root irrigation project, Montana."

Under the contract of August 24, 1931, between the United States and the Bitter Root irrigation district, entered into pursuant to the act of July 3, 1930 (46 Stat. 852), the district obligated itself to repay Government advances to the district for two distinct purposes: (1) Advances under subsection (1) of section 2 of the act for liquidating the district's bonded and other outstanding indebtedness and (2) advances under subsection (3) of section 2 of the act for construction betterment and repair work on the district's irrigation system. Section 3 of the act requires that all funds used or advanced shall be repaid to the United States with interest at the rate of 4 percent per annum from the date of such use or advancement until repaid.

The bill authorizes a segregation of the district's repayment obligation into two components, as above, and continues the requirement that interest be paid on the first component. Because of the unusual use of the Reclamation Fund in connection with the Bitter Root project, it is believed to be proper that interest be collected on the first component.

Apparently it is the intent of section 2 of the bill to relieve the district from paying interest on money advanced under component (2); i. e., money advanced for construction, betterment, and repair work. I am in favor of this, but suggest that the bill definitely state that the amount so advanced will be repaid without interest. I suggest that in line 18, page 2 of S. 946 the words “without interest" be inserted after the word “Statesand before the word “within."

The intent of the bill being to relieve the district of the payment of any interest on component (2), it becomes necessary to amend the language in the proviso in section 1 of the bill which language is the same as that used in S. 3116, passed by the Senate during the second session of the Seventy-third Congress, but which is now inappropriate as it inferentially refers to July 1, 1934, as being in the future. It is suggested that the proviso be amended to read as follows:

Provided, That all interest now due and unpaid on component (1) shall be added to and merged with the principal sum advanced under that component. Nothing herein contained shall be construed as authorizing a modification in said amendatory contract of the interest charges heretofore paid by the district under the contract of August 24, 1931."

The bill was referred to the Acting Director of the Bureau of the Budget who states that the proposed legislation with the amendments herein suggested would not be in conflict with the financial program of the President. Therefore I recommend favorable consideration of the bill with the above amendments. Sincerely yours,

HAROLD L. ICKES,

Secretary of the Interior.

TRANSFER OF PORTION OF LIGHTHOUSE RESERVATION

TO CITY OF GRAND HAVEN, MICH.

May 1, 1935.—Committed to the Committee of the Whole House on the state of

the Union and ordered to be printed

Mr. WARREN, from the Committee on Merchant Marine and Fish

eries, submitted the following

REPORT

(To accompany H. R 4239)

The Committee on Merchant Marine and Fisheries, to whom was referred the bill (H. R. 4239) to authorize the Secretary of Commerce to convey to the city of Grand Haven, Mich., certain portions of the Grand Haven Lighthouse Reservation, Mich., having had the same under consideration, report it back to the House without amendment and recommend that the bill do pass.

The Department of Commerce has approved the bill, and the reasons for its enactment are set forth in a letter from the Secretary of Commerce, dated April 15, 1935, together with an explanatory statement, as follows:

DEPARTMENT OF COMMERCE,

OFFICE OF THE SECRETARY,

Washington, D. C., April 15, 1935. Hon. S. O. BLAND, Chairman Committee on Merchant Marine and Fisheries,

House of Representatives, Washington, D. C. My Dear Mr. CHAIRMAN: Under date of January 21, 1935, the Chairman of the Committee on Interstate and Foreign Commerce, House of Representatives, requested the report of the Department concerning H. R. 4239, a bill authorizing the Secretary of Commerce to convey to the city of Grand Haven, Mich., certain portions of the Grand Haven Lighthouse Reservation, Mich.

Enclosed is a memorandum from the Commissioner of Lighthouses, this Department, concerning the above bill, in which I concur.

The Department has been informed that the property involved is not desired by any other agency of the Government. Sincerely yours,

DANIEL C. ROPER,

Secretary of Commerce.

а

DEPARTMENT OF COMMERCE,

BUREAU OF LIGHTHOUSES,

Washington, D. C., January 28, 1935. Memorandum for the Secretary of Commerce.

1. Reference is made to the Assistant Solicitor's memorandum of January 24, 1935, requesting report on H. R. 4239, a bill authorizing the Secretary of Commerce to convey to the city of Grand Haven, Mich., certain portions of the Grand Haven Lighthouse Reservation, Mich.

2. The property which it is proposed to transfer is now occupied by the city of Grand Haven under the terms of a revocable license which will expire on February 28, 1935, which provides for the same use of the premises as is covered in the proposed legislation, namely, for public street purposes. The license contains the following provision: That this license shall expire by its own limitation at the end of the 5-year period specified, at which time the right of occupancy will cease unless the licensee shall have in the meantime obtained authority from Congress for its continuance.

3. The question of transfer of the portions of the reservation occupied under the revocable license was taken up with the Bureau by Representative Carl E. Mapes on December 27, 1934, and in reply he was advised by the Bureau that this office would have no objection to the permanent transfer of the property to the city of Grand Haven if the necessary legislation was obtained.

4. The property is no longer required for lighthouse purposes and is a portion of the area acquired by purchase on March 7, 1838, at a cost of $120. It is serving a useful public purpose, and the Bureau recommends that favorable report be made on the bill should there be no objection.

G. R. PUTNAM,

Commissioner of Lighthouses. O

CONGRESS

AUTHORIZING AN APPROPRIATION TO PAY NON

INDIAN CLAIMANTS

May 1, 1935.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mrs. GREENWAY, from the Committee on Indian Affairs, submitted

the following

REPORT

[To accompany H. R. 7741)

The Committee on Indian Affairs, to whom was referred the bill (H. R. 7741) to authorize an appropriation to pay non-Indian claimants whose claims have been extinguished under the act of June 7, 1924, but who have been found entitled to awards under said act as supplemented by the act of May 31, 1933, having considered the same, report thereon with a recommendation that it do pass without amendment.

This bill has the approval of the Department as will be seen from the following letter from the Secretary of the Interior.

THE SECRETARY OF THE INTERIOR,

Washington, April 15, 1935. The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: This report is submitted in accordance with the proviso to section 3 of the act of May 31, 1933 (48 Stat. L. 108, 109), which act authorized an appropriation in the total sum of $232,086.80 to compensate non-Indian claimants who were found by the Pueblo Lands Board to have occupied and claimed land in good faith but whose claims were not sustained and whose occupation was terminated under the act of June 7, 1924 (43 Stat. L. 636), for the fair market value of lands, improvements appurtenant thereto, and water rights.

The proviso mentioned directs the Secretary of the Interior to report back to Congress any errors in the amount of award measured by the fair market value of the lands involved, and any errors in the omission of legitimate claimants for award, with evidence supporting his report and recommendations.

Two classes of appeals have been filed under this proviso; first, by non-Indian claimants whose claims for award were rejected by the Pueblo Lands Board on account of insufficient showing as to good faith, possession, or color of title; and, second, appeals by non-Indian claimants in whose favor awards were made, but who have applied for increased compensation.

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