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TO AMEND AN ACT TO EXTEND THE MINING LAWS TO THE DEATH VALLEY MONUMENT IN CALIFORNIA

Mar 13, 1935.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. STUBBS, from the Committee on the Public Lands, submitted

the following

REPORT

(To accompany H. R. 4024)

The Committee on the Public Lands, to whom was referred the bill (H. R. 4024) to amend an act of Congress approved June 13, 1933 (48 Stat. 139), entitled "An act to extend the mining laws of the United States to the Death Valley Monument in California", after careful consideration of the same, reports favorably thereon with the recommendation that the bill do pass the House without amendment.

Facts concerning the proposed legislation are set forth in the favorable report of the Secretary of the Interior under date of January 9, 1935, which report is hereinbelow set out in full and made a part of this report, as follows:

DEPARTMENT OF THE INTERIOR,

Washington, January 9, 1935. CHAIRMAN COMMITTEE ON PUBLIC LANDS,

House of Representatives. MY DEAR MR. CHAIRMAN: Enclosed herewith is a draft of a proposed bill amending an act of Congress approved June 13, 1933 (48 Stat. 139), entitled "An Act to extend the mining laws of the United States to the Death Valley Monument in California.”

Said act of June 13, 1933, provides:

“That the mining laws of the United States be, and they are hereby, extended to the area included within the Death Valley National Monument in California, or as it may hereafter be extended, subject, however, to the surface use of locations, entries, or patents under general regulations to be prescribed by the Secretary of the Interior."

The effect of the present act on titles to be issued thereunder to mining claims in Death Valley National Monument is obscure and ambiguous. It is not clear from the language of the act what authority either as proprietor or sovereign the United States could exercise over such land after it was patented under the general mining law, as such patents invest the patentee with an absolute title and possession to the surface of the claim. Moreover, with the passage of title jurisdiction over the land passes to the State in the absence of previous cession thereof to the Federal Government. It is apparent, however, from the provisions of the act that Congress intended to grant to the Secretary of the Interior authority to regulate the surface use of mineral locations, entries and patents within Death Valley National Monument.

It is believed that the proposed bill, which allows location, entry, and patent under the mining laws for mineral deposits, with provision for necessary use of the surface, will more clearly and effectually accomplish the ends contemplated by Congress in extending the mining laws of the United States to the Death Valley National Monument.

In view of the facts presented, it is respectfully requested that the proposed bill be placed before the House of Representative for appropriate action. Sincerely yours,

HAROLD L. ICKES,

Secretary of the Interior.
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CONVEY LANDS TO CLACKAMAS COUNTY, OREG., FOR

PUBLIC-PARK PURPOSES

May 13, 1935.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. Mott, from the Committee on the Public Lands, submitted the

following

REPORT

(To accompany H. R. 5058]

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The Committee on the Public Lands, to whom was referred H. R. 5058, to convey certain lands to Clackamas County, Oreg., for publicpark purposes, after careful consideration of same, report favorably thereon with the recommendation that the bill do pass the House with the following committee amendments:

Line 4, strike out the words "convey by quitclaim deed” and substitute in lieu thereof the following language: “issue a patent”.

Line 5, following the comma after the word "States” insert "for”. Line 14, change the comma to a semicolon and insert the following:

Provided, That there shall be reserved to the United States, its patentees or their transferees, the right to cut and remove therefrom the merchantable timber, reserving to Clackamas County, Oregon, when such sale is made under the provisions of the Act of June 9, 1916 (39 Stat. 218), a preference right to purchase the timber at the highest price bid.

Add the following section, to be known as "section 2”:

Sec. 2. The Secretary of the Interior shall prescribe all necessary regulations to carry into effect the foregoing provisions of this Act.

Facts concerning the proposed legislation are set forth in the favorable report of the Secretary of Interior, under date of April 2, 1935, and the favorable report of the Chairman of the Federal Power Commission, under date of April 5, 1935, which reports are hereinbelow set out in full and made a part of this report, as follows:

DEPARTMENT OF THE INTERIOR,

Washington, April 2, 1935. Hon. RENÉ L. DEROUEN, Chairman Committee on the Public Lands,

House of Representatives. MY DEAR MR. DEROUEN: I have received your letter of March 19, requesting a report on H. R. 5058, a bill proposing to authorize the Secretary of the Interior to convey by quitclaim deed to Clackamas County, Oreg., the SySWY, and the WYNE/SW/ sec. 11, T. 3 S., R. 4 E., Willamette meridian, Oregon, for public park purposes. This bill is identical with S. 628, upon which a report was submitted to the Chairman Committee on Public Lands and Surveys, United States Senate, on February 21.

All of the land in said section 11 except the SWYNWY and NWYSWY formerly within the grant to the Oregon & California Railroad Co. revested in the United States under the act of June 9, 1916 (39 Stat. 218). Said revested area is also embraced in Water Power Designation No. 14 and Powersite Reserve No. 661, and in addition thereto contains a considerable amount of timber.

There is a deficit of approximately $9,000,000 in the Oregon and California Land Grant Fund with which the revested lands are chargeable and for this reason the timber should be paid for at the appraised price.

The usual method of passing title by the Government is by patent and it is suggested therefore that there be inserted in line 4 in place of the words "convey by quitclaim deed” the word “patent”, and that the following be added after the word “States", line 14: Provided, That before any patent issues Clackamas County shall pay to the United State. the appraised price for the timber on the WYNĖMSW and SYSW% said sec. 11, the money so paid to be deposited in the Oregon and California Land Grant Fund, for distribution in the manner provided by section 10 of the act of June 9, 1916 (39 Stat. 218).

This Department has no objection to offer to the enactment of the bill, with the suggested amendments, provided that the Federal Power Commission, which has jurisdiction over the development of power, interposes no objection to such disposition of the land. Sincerely yours,

HAROLD L. ICKEB,

Secretary of the Interior.

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FEDERAL POWER COMMISSION,

Washington, April 5, 1935. Hon. RENÉ L. DEROUEN, Chairman Committee on the Public Lands,

House of Representatives. MY DEAR MR. CHAIRMAN: Receipt is acknowledged of your letter of April 2, 1935, requesting a report on H. R. 5058, a bill to convey certain lands to Clackamas County, Oreg., for public-park purposes, introduced by Mr. Mott, of Oregon.

It is noted that this bill is identical with 8. 628, upon which a report was made to the Chairman of the Committee on Public Lands and Surveys of the Senate, on March 4, 1935. As stated in my letter to Senator Wagner, the Commission has made a study of the bill and its purport, and finds that the potential power involved is too small for commercial development and use. It, therefore, offers no objection to the enactment of the bill. Yours very cordially,

FRANK R. McNINCH, Chairman,

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MOUNT BAKER NATIONAL FOREST, WASH.

May 13, 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 the Public Lands, submitted

the following

REPORT

[To accompany H. R. 5282]

The Committee on the Public Lands, to whom was referred the bill (H. R. 5282) to extend the provisions of the Forest Exchange Act to lands adjacent to the Mount Baker National Forest, in the State of Washington, after careful consideration of same, 'reports favorably thereon with the recommendation that the bill do pass the House with the following committee amendment:

Line 6, after the words "six miles of the" insert the word "present”.

Facts concerning the proposed legislation are set forth in the favorable report of the Secretary of Agriculture, under date of April 16, 1935, which is hereinbelow set out in full and made a part of this report, as follows:

DEPARTMENT OF AGRICULTURE,

Washington, D. C., April 16, 1935. Hon. RENÉ L. DEROUEN, Chairman Committee on the Public Lands,

House of Representatives. DEAR MR. DEROUEN: Receipt is acknowledged of your letter of April 1, transmitting a copy of the bill H. R. 5282, "to extend the provisions of the Forest Exchange Act to lands adjacent to the Mount Baker National Forest, in the State of Washington", and requesting a report thereon by this Department.

At the time the Mount Baker National Forest was established the practice was to fix boundaries which would exclude the lands largely in private ownership. Such lands ordinarily were most productive and accessible, and in large measure are integral parts of natural units of forest management partly within the national forest. As time has gone on the merchantable timber on a great deal of such land has been cut and removed, leaving no incentive for continued private effort to prevent and suppress forest fires. In some cases where the timber has not yet been removed it most effectively could be utilized in connection with adjoining national forest stumpage. In some cases the private lands outside the boundaries control important rights-of-way; in others they create unusual conditions of trespass.

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