Page images
PDF
EPUB

driveway by departmental order of April 29, 1919, under the provisions of the act of December 29, 1916 (39 Stat. 862).

Said lot 9 of section 30 is traversed by a natural-gas pipe-line right-of-way granted March 5, 1931, to the Southern Union Gas Co. of New Mexico, under the provisions of section 28 of the act of February 25, 1920 (41 Stat. 437).

It further appears that the land involved is within a proposed grazing district under the provisions of the act of June 28, 1934 (48 Stat. 1269), known as the "Taylor Grazing Act."

This bill is similar to S. 2247, upon which the Chairman Committee on Public Lands and Surveys, United States Senate, has requested a report.

Inasmuch as a patent is the customary evidence of the passing of title from the Government, it is suggested that the word "patent" be substituted for the words "quitclaim deed", in line 4 of the bill.

In view of the public purpose for which the land is desired and in view of the small area involved, I shall interpose no objection to the enactment of the proposed legislation, with the suggested amendment.

Sincerely yours.

T. A. WALTERS,
Acting Secretary of the Interior.

=

O

74TH CONGRESS HOUSE OF REPRESENTATIVES 1st Session

AUTHORIZE THE SALE BY THE UNITED STATES TO THE MUNICIPALITY OF HOT SPRINGS, N. MEX., THE NORTHEAST HALF OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE 4 WEST, HOT SPRINGS, N. MEX.

MAY 15, 1935.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. DEMPSEY, from the Committee on the Public Lands, submitted the following

REPORT

[To accompany H. R. 7024]

The Committee on the Public Lands, to whom was referred the bill (H. R. 7024) to authorize the conveyance by the United States to the municipality of Hot Springs, N. Mex., the northeast half of the southeast quarter and the northeast quarter of the southwest quarter of section 6, township 1 south, range 4 west, Hot Springs, N. Mex., after careful consideration of same, report favorably thereon with the recommendation that the bill do pass the House with the following committee amendments:

Amend the title of the bill by striking out the word "conveyance" and substitute in lieu thereof the word "sale", and by changing the figure "1" following the word "township" to the figure "14".

Line 4, strike out the word "convey" and insert in lieu thereof the word "patent".

Line 4, after the comma following the words "New Mexico" insert the following language: "upon payment by such city of a purchase price at the rate of $1.25 per acre,".

Line 7, strike out the words "Hot Springs" and insert in lieu thereof the following language: "New Mexico principal meridian”.

Line 9, change the period to a comma after the word "course" and add the following: "subject to the highway right-of-way shown on a map approved by the Department of the Interior on December 13, 1933.

Facts concerning the proposed legislation are set forth in the favorable report of the Secretary of the Interior under date of April 23,

H. Repts., 74-1, vol. 2-54

1935, which report is hereinbelow set out in full and made a part of this report, as follows:

Hon. RENÉ L. DEROUEN,

THE SECRETARY OF THE INTERIOR,
Washington, D. C., April 23, 1935.

Chairman Committee on the Public Lands,

House of Representatives.

MY DEAR MR. DEROUEN: Receipt is acknowledged of your letter of March 29, requesting report upon H. R. 7024, a bill to authorize the conveyance by the United States to the municipality of Hot Springs, N. Mex., of a tract of land in sec. 6, T. 14 S., R. 4 W., New Mexico principal meridian, for a recreational site and municipal golf course.

Although the land in question is in a reclamation withdrawal in connection with the Rio Grande irrigation project, the passage of the bill will not interfere with the operation of the project, and the setting aside of the tract for recreational site will be of benefit to the local community; therefore, I favor the enactment of the bill with certain amendments.

It is customary, when such land is conveyed to a State or municipality for recreation purposes, to provide for the payment of a purchase price or consideration. This is always required when land or the use thereof is conveyed under the Recreational Act of June 14, 1926 (44 Stat., pt. 2, p. 741). For this reason I believe that the bill should be amended so as to require the payment of $1.25 per acre, which is the usual minimum price. I recommend, therefore, that the following words be inserted after line 4: "upon payment by such city of a purchase price at the rate of $1.25 per acre,”.

The records of this department show that on December 13, 1933, the department approved the transfer of a highway right-of-way over this land to the New Mexico State Highway Commission under the provisions of section 17 of the act of November 9, 1921 (42 Stat. 212). I therefore suggest that the following words be inserted after the word "course" in line 9: "subject to the highway right-of-way shown on a map approved by the Department of the Interior on December 13, 1933, pursuant to the provisions of section 17 of the act of November 9, 1921 (42 Stat. 212)."

The following formal changes are also desirable:

The title of the bill should be amended to read as follows:

"To authorize the sale by the United States to the municipality of Hot Springs, N. Mex., the north half of the southeast quarter and the northeast quarter of the southwest quarter of sec. 6, T. 14 S., R. 4 W., New Mexico principal meridian, New Mexico."

In line 4, the word "convey" should be stricken out and the customary word "patent" should be inserted.

In line 5 "northeast" should be stricken out and "north" inserted.

In line 7 "Hot Springs" should be stricken out and "New Mexico principal meridian" inserted.

If these amendments are made, I recommend that the bill be enacted.

Sincerely yours,

[ocr errors][merged small][merged small]

TO FURTHER EXTEND THE PERIOD OF TIME DURING WHICH FINAL PROOF MAY BE OFFERED BY HOMESTEAD AND DESERT-LAND ENTRYMEN

MAY 14, 1935.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. DEMPSEY, from the Committee on the Public Lands, submitted the following

REPORT

[To accompany H. R. 3814]

The Committee on the Public Lands, to whom was referred the bill (H. R. 3814) to further extend the period of time during which final proof may be offered by homestead entrymen, after careful consideration of same, report favorably thereon with the recommendation that the bill do pass the House with an amendment, as follows:

Amend the title of the bill by adding after the word "homestead" the words "and desert-land".

An identical bill, S. 1065, passed the Senate on March 29, 1935. Facts concerning the proposed legislation are set forth in the favorable report of the Secretary of the Interior under date of April 22, 1935, which report is hereinbelow set out in full and made a part of this report, as follows:

Hon. RENÉ L. DEROUEN,

DEPARTMENT OF THE INTERIOR,
Washington, April 22, 1935.

Chairman Committee on the Public Lands,

House of Representatives.

MY DEAR MR. CHAIRMAN: I have received your letter of March 26, with which you enclosed a copy of H. R. 3814, a bill to further extend the period of time during which final proof may be offered by homestead entrymen.

The bill proposes to further amend the act of May 13, 1932 (47 Stat. 153), as amended by the act of June 16, 1933 (48 Stat. 274), by striking out "December 31, 1934", and inserting in lieu thereof "December 31, 1935."

The proposed amendment would make the act read as follows:

"That the Secretary of the Interior is hereby authorized to extend for not exceeding two years the period during which annual or final proof may be offered by any person who has a pending homestead or desert-land entry upon public lands of the United States on which at the date of this Act or on any date on or

prior to December 31, 1935, under existing law, annual or final proof is required, showing residence, cultivation, improvements, expenditures, or payment of purchase money as the case may be: Provided, That any such entryman shall be required to show that it is a hardship upon himself to meet the requirements incidental to annual or final proof upon the date required by existing law due to adverse weather or economic conditions: And provided further, That this Act shall apply only to cases where adequate relief is not available under existing law. "SEC. 2. The Secretary of the Interior is authorized to make such rules and regulations as are necessary to carry out the purposes of this Act."

It is apparent that the benefits of the proposed bill are intended to be made available to desert land entrymen as well as to homestead entrymen. I, therefore, recommend that the words "and desert land" be inserted between the last two words of the title so as to make same read as follows: "To further extend the period of time during which final proof may be offered by homestead and desertÎand entrymen."

The contemplated relief appears meritorious, and I, therefore, recommend that the bill be enacted into law.

A bill containing the same provisions is pending in the United States Senate, S. 1065, on which similar report was made on February 8, 1935.

Sincerely yours,

[merged small][ocr errors]
« PreviousContinue »