AUTHORIZING THE EXTENSION OF LEASES OF CERTAIN LAND IN THE TERRITORY OF HAWAII JUNE 4 (legislative day, JUNE 1), 1948.-Ordered to be printed Mr. BUTLER, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany H. R. 6229] The Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 6229), to authorize the extension of leases of certain land in the Territory of Hawaii, having considered the same, report favorably thereon without amendment and with the recom mendation that the bill do pass. The purpose of the bill is to afford relief to persons who were lessees of federally owned water-front property in the Territory of Hawaii damaged by the tidal wave of April 1, 1946, by permitting a discretionary (not mandatory) extension of their leases for a period not to exceed 21 years from the date of the tidal wave. The commissioner of public lands in Hawaii is prohibited by acts of the Territorial legislature from issuing leases with renewal clauses in them, and he is also required to make all transfers of Government lands (construed to include leases) by public auction. Therefore, this legislation is necessary to authorize him to renew a lease, and to grant the new one without public auction. Ordinarily, the Territorial legislature, having approved the existing prohibition, could also remove it. However, section 73 (c) of the Organic Act of Hawaii, enacted by the Congress of the United States, says that the land laws of Hawaii shall remain in force and effect until Congress provides otherwise. This has been interpreted to mean that Hawaii cannot change any provision of its land laws without congressional approval. The tidal wave of April 1, 1946, resulted in extensive damage and destruction to the improvements erected on water-front property. Lessees have had to invest substantial sums in repairing and replacing such improvements. Under the circumstances, it would seem appropriate that additional time should be given these persons in which to realize proper amortization on their original investment and the additional investment that has been made necessary as a result of the destructive tidal wave. The favorable report of the Interior Department to the chairman of the House Committee on Public Lands, under date of April 22, 1948, is hereinbelow set forth in full and made a part of this report. Hon. RICHARD J. WELCH, DEPARTMENT OF THE INTERIOR, Washington 25, D. C., April 22, 1948. Chairman, Committee on Public Lands, House of Representatives. MY DEAR MR. WELCH: I should like to take this opportunity to express my views on H. R. 6229, a bill to authorize the extension of leases of certain land in the Territory of Hawaii. I recommend the enactment of this bill. The object of H. R. 6229 is to give some relief to persons who were lessees of water-front property damaged by the tidal wave of April 1, 1946, and who had invested substantial sums in repairing or replacing damaged or destroyed improvements on their property. The bill would authorize the commissioner of public lands of the Territory of Hawaii, notwithstanding any provision of the organic act of Hawaii or of the laws of the Territory of Hawaii, to extend the terms of such leases for a period not to exceed 21 years from the date of the tidal wave. At present, the commissioner of public lands of the Territory is prohibited by section 4544 of the Revised Laws of Hawaii (1945) from renewing such leases. Ordinarily, the Legislature of Hawaii, having put the prohibition into the law, could also remove it. However, section 73 (c) of the organic act of Hawaii, enacted by Congress, says that the land laws of Hawaii shall remain in force and effect until Congress provides otherwise. This is interpreted as meaning that Hawaii cannot change any provision of its land laws without approval by Congress. That is why congressional authorization is required before the commissioner of public lands may take any action to renew these leases. In view of the imminent consideration of H. R. 6229 by your committee, this report has not been submitted to the Bureau of the Budget for its consideration. Therefore, I am unable to state the relationship of the views expressed herein to the program of the President. Sincerely yours, OSCAR L. CHAPMAN, Under Secretary of the Interior. O 80TH CONGRESS 2d Session } SENATE { REPORT No. 1499 AUTHORIZING THE ISSUANCE OF A LAND PATENT TO CERTAIN PUBLIC LANDS SITUATED IN THE COUNTY OF KAUAI, T. H., FOR SCHOOL PURPOSES JUNE 4 (legislative day, JUNE 1), 1948.-Ordered to be printed Mr. BUTLER, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany H. R. 6252] The Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 6252) to authorize the issuance of a land patent to certain public lands, situated in the county of Kauai, Territory of Hawaii, for school purposes, having considered the same, report favorably thereon with the following amendment and with the recommendation that the bill, as amended, do pass. On page 1, line 7, before the number "118," insert the following number "117,". The purpose of this bill is to authorize the Commissioner of Public Lands of the Territory of Hawaii, with the consent of the Governor of Hawaii, to issue a land patent to the Roman Catholic bishop of Honolulu, for certain public lands in the county of Kauai, for the erection thereon of school facilities. These lands, which include four small lots, were originally sold at public auction in 1938 as house lots. The applicable Territorial laws require that a suitable dwelling must be erected upon such lots within 3 years from the date of sale upon penalty of forfeiture for noncompliance. The Territorial laws also prohibit subsequent alienation of such lands without the written consent of the commissioner of public lands or the Governor. No dwellings were erected upon these lots within the 3-year period. Between August 1946, and January 1947, the original vendors sold the lots to Father Joseph Rubeck on behalf of the Catholic Church in Hawaii. He purchased the lots in good faith with the intention of utilizing them for school purposes, unaware of the fact that they were restricted to residential purposes and that they were subject to forfeiture for lack of compliance by the vendors with the building requirement and for their failure to obtain the consent of the commissioner of public lands and the Governor to the sale. Both the commissioner of public lands and the Governor of Hawaii feel that the acquisition of the lands by the Catholic Church for school purposes is in the public interest. The church proposes to expend $75,000 to expand its present building facilities in the area to accommodate an additional 250 students in an elementary school now providing education for 105 students. The commissioner and the Governor, however, are powerless to convey title to the lands in question, inasmuch as Congress must approve any proposed change in the Territorial land laws. This bill, accordingly, would authorize the issuance of a land patent to the Catholic Church so that the sale may be completed, and permit the lands to be used for school purposes. The bill has been amended, in compliance with the request of the Interior Department to the chairman of the Senate Committee on Interior and Insular Affairs, under date of May 20, 1948, to include lot 117, which was inadvertently omitted from the original bill. The favorable report of the Interior Department above referred to is hereinbelow set forth in full and made a part of this report. 80TH CONGRESS 2d Session } SENATE { REPORT No. 1500 VALIDATING CERTAIN CONVEYANCES OF THE OREGON SHORT LINE RAILROAD CO. AND THE UNION PACIFIC RAILROAD CO AND WAIVING, RELINQUISHING, AND DISCLAIMING ALL TITLE AND ALL RIGHT OF REVERTER AND FORFEITURE OF THE UNITED STATES OF AMERICA TO THE LANDS DESCRIBED IN SAID CONVEYANCES JUNE 4 (legislative day, JUNE 1), 1948.—Ordered to be printed Mr. BUTLER, from the Committee on Interior and Insular Affairs, submitted the following REPORT To accompany S. 2371 The Senate Committee on Interior and Insular Affairs, to whom was referred the bill (S. 2371), validating certain conveyances of the Oregon Short Line Railroad Co. and the Union Pacific Railroad Co. and waiving, relinquishing, and disclaiming all title and all right of reverter and forfeiture of the United States of America to the lands described in said conveyances. having considered the same. report favorably thereon without amendment and with the recommendation that the bill do pass. By agreement between the United States and the Shoshone and Bannock Indians residing on the Fort Hall Indian Reservation, Idaho, ratified by the act of September 1. 1888 (25 Stat. 452), the said Indians agreed to surrender and relinquish to the United States title to certain lands comprising an area of 1,840 acres (which is now within the city limits of the city of Pocatello, Idaho), saving and excepting so much of the above-mentioned tract which had been relinquished to the United States for the use of the Utah & Northern and Oregon Short Line Railways (Union Pacific Railroad Co.). The tract of land so relinquished, except the said railroad right-of-way, was surveyed, laid into lots and blocks as a town site (Pocatello), and sold by the Government at public auction to the highest bidders. The funds which arose from such sale of lots and the railroad rightof-way was deposited in the Treasury of the United States to the credit of said Indians bearing interest at the rate of 5 percent per annum so long as said sum remained in the Treasury. The Secretary of the Interior under said act was authorized and empowered to |