80TH CONGRESS 2d Session SENATE { REPORT No. 1596 AUTHORIZING THE SECRETARY OF THE INTERIOR TO CONVEY A CERTAIN PARCEL OF LAND IN ST. LOUIS COUNTY, MINN., TO THE UNIVERSITY OF MINNESOTA JUNE 11 (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. 2676] The Committee on Interior and Insular Affairs, to whom was referred the bill (S. 2676) to authorize the Secretary of the Interior to convey a certain parcel of land in St. Louis County, Minn., to the University of Minnesota, having considered the same, report favorably thereon without amendment and with the recommendation that the bill do pass. The purpose of the bill is to authorize the Secretary of the Interior to donate and convey to the University of Minnesota the interests of the United States in the property designated as the Duluth fish cultural station on the Lester River in Duluth, Minn. The station includes 5.17 acres of land, of which only 0.35 acre was purchased by the United States at a cost of $1,000, the balance of the property having been donated by the city of Duluth. The station was established pursuant to the Sundry Civil Appropriations Act of August 4, 1886. and the necessary buildings were constructed shortly thereafter. The facilities at Duluth proved to be inadequate for the propagation of legal-sized fish, primarily because the water supply is not particularly suitable for year-round operations. Because of this, and because appropriations for these purposes have been limited, the station was closed in the latter part of the 1947 fiscal year, and it is not believed that it would be in the best interest of the United States to reactivate this particular fish cultural station. On the other hand. the properties can be utilized by the University of Minnesota in expanding the activities of the Duluth branch of the University of Minnesota. Further information regarding this project is carried in the favorable report of the Interior Department to the chairman of the Senate Committee on Interior and Insular Affairs, under date of June 4, 1948, which is herein below set forth in full and made a part of this report. S. Repts., 80-2, vol. 4- 54 DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY; Washington 25, D. C., June 4, 1948. Hon. HUGH BUTLER, Chairman, Committee on Interior and Insular Affairs, United States Senate. MY DEAR SENATOR BUTLER: Reference is made to your request for a report on S. 2676, a bill to authorize the Secretary of the Interior to convey a certain parcel of land in St. Louis County, Minn., to the University of Minnesota. I have no objection to the enactment of the proposed legislation. The bill would authorize the Secretary of the Interior to donate and convey to the University of Minnesota the interests of the United States in the property designated as the Duluth fish cultural station on the Lester River in Duluth, Minn. The station includes 5.17 acres of land, of which only 0.35 acre was purchased by the United States at a cost of $1,000, the balance of the property having been donated by the city of Duluth. The station was established pursuant to the Sundry Civil Appropriations Act of August 4, 1886, and the necessary buildings were constructed shortly thereafter. Originally the station was established as a lake trout and whitefish rearing unit for the purpose of hatching eggs and liberating fry or small lake trout fingerlings in Lake Superior. Although the station produced large numbers of fry and fingerlings over a period of years, it has been determined that this type of operation is not particularly effective in maintaining and improving the catch of the Great Lakes commercial fisheries. As a result the station turned to the propagation of small brook and rainbow trout fingerlings for stocking the North Shore streams. However, the facilities at Duluth proved to be inadequate for the propagation of legal-sized fish primarily because the water supply is not particularly suitable for year-round operations. Because of this, and because appropriations for these purposes have been limited, the station was closed in the latter part of the 1947 fiscal year, and it is not believed that it would be in the best interest of the United States to reactivate this particular fish cultural station. On the other hand, the properties can be utilized by the University of Minnesota in expanding the activities of the Duluth branch of the University of Minnesota. In view of the imminent consideration by your committee of S. 2676, this report is being submitted without prior clearance by the Bureau of the Budget. Therefore, no commitment can be made as to the relationship of the views expressed herein to the program of the President. Sincerely yours, WILLIAM E. WARNE, Acting Secretary of the Interior. PERMITTING, SUBJECT TO CERTAIN CONDITIONS, MINING LOCATIONS UNDER THE MINING LAWS OF THE UNITED STATES WITHIN THAT PORTION OF THE HARNEY NATIONAL FOREST DESIGNATED AS A GAME SANCTUARY JUNE 11 (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. 2867 The Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 2867) to permit, subject to certain conditions. mining locations under the mining laws of the United States within that portion of the Harney National Forest, designated as a game sanctuary, and for other purposes, having considered the same, report favorably thereon without amendment and with the recommendation that the bill do pass. The purpose of this bill is to give unquestionable legal status to a policy which has been in effect since 1938 with regard to the removal of minerals important to the national defense from the Custer State Park Game Sanctuary in the Harney National Forest, which had been previously designated as a game sanctuary. The policy followed was established in 1938 under authority of a letter from the Secretary of Agriculture, as follows: Hon FRANCIS CASE, House of Representatives. DEPARTMENT OF AGRICULTURE, DEAR MR. CASE: Further reference is made to your letter of January 31 and to my reply of February 19, 1938, relating to authorizing mining within the Custer State Park Game Sanctuary, Harney National Forest, S. Dak The Department has given very careful consideration to your suggestion that mining within this game sanctuary be authorized under permits which would contain conditions to adequately protect the wildlife within the area and to the peti tion of the Custer State Park Board of April 23, 1938, addressed to this Department and signed by the chairman and other two members of the board, concurring in your recommendation. The conclusion has been reached that it would be feasible and in the public interest to permit mining under free special-use permits within portions of the Custer State Park Game Sanctuary, Harney National Forest. subject to appropriate conditions in the permits to protect the wildlife and other public interests within this game sanctuary. The Forest Service, through the forest supervisor at Custer, S. Dak., will prepare and issue the necessary permits. It is understood that no permits will be issued affecting lands within 660 feet of any Federal, State, or county highway, and that no milling operations shall take place on publicly owned lands within the game sanctuary. I trust this arrangement will prove satisfactory to the interested citizens of your State. Sincerely, H. A. WALLACE, Secretary. In a recent opinion of the Solicitor, it was testified before the committee that the policy instituted in 1938 was beyond the powers. vested in the Department of Agriculture. This bill gives authority to the Department to continue that policy in the public interest. The wisdom of the policy has never been questioned since it was first instituted. During the war, large quantities of strategic minerals, particularly mica, were mined from these lands. South Dakota became the second largest producer of mica in the United States because of the quantities of this highly strategic mineral obtained at the Harney National Forest. This bill does not permit the building or operation of mills. It only permits mining operations. There is already a considerable capital investment in these operations which merits protection by law for their continuance. There is great national need for all the minerals obtained in this location. H. R. 2867 will continue in effect the protective features of administrative policy which have been carried out with respect to preventing stream pollution, construction of mills, disturbance of wildlife, etc. The House Committee on Public Lands amended the original bill by adding a new section 2, for the purpose of facilitating administration of the wildlife sanctuary. The favorable reports of the Department of the Interior and the Department of Agriculture, to the chairman of the House Committee on Public Lands, are hereinbelow set forth in full and made a part of this report. Hon. RICHARD J. WELCH, DEPARTMENT OF THE INTERIOR, Chairman, Committee on Public Lands, House of Representatives. MY DEAR MR. WELCH: This is in further reply to your request for a report on H. R. 2867, a bill to permit, subject to certain conditions, mining locations under the mining laws of the United States within that portion of the Harney National Forest, designated as a game sanctuary, and for other purposes. I have no objection to the enactment of this bill. The bill would permit mining locations under the general mining laws within the Custer State Park Game Sanctuary in the Harney National Forest in South Dakota. The locator would obtain the right to occupy and use the surface area necessary for his operations and to use timber and mineral deposits necessary for the operations. No patent, however, would be issued for the location. The mining operations would be subject to such rules and regulations as the Secretary of Agriculture may deem necessary to further the purpose of the sanctuary. The Secretary would also be authorized to prohibit mining operations within 660 feet of any Federal, State, or county road and within such other areas where the location of mining claims would not be in the public interest. Various other safeguards to protect the surface use and timber are provided. The surface and surface resources in the Custer State Park Game Sanctuary. created pursuant to the act of June 5, 1920 (16 U. S. C. sec. 675), are under the primary jurisdiction of the Secretary of Agriculture who also administers the game sanctuary. I am informed that the Department of Agriculture has no objection to the bill since it feels that adequate safeguards are provided therein to permit the protection of game and to prevent the destruction of the sanctuary as such. While I do not favor the authorization of activities within game sanctuaries which would impair their usefulness for wildlife purposes, in this particular instance, since the official administering the land believes that such impairment would not result from the passage of the bill, I interpose no objection to it. I must emphasize, however, that this should not be construed as a general concurrence by the Department with this type of legislation. since conditions may be considerably different in other instances. In view of the fact that your committee has requested an immediate report on H. R. 2867, this letter has not been submitted to the Bureau of the Budget for consideration. Therefore no commitment can be made concerning the relation of the foregoing views with the program of the President. Sincerely vours. OSCAR L. CHAPMAN, Acting Secretary of the Interior DEPARTMENT OF AGRICULTURE, Chairman. Committee on Public Lands, Hon. RICHARD J. WELCH, House of Representatives. DEAR MR. WELCH: Reference is made to your letter of April 1 in which you requested this Department to report on H. R 2867, a bill to permit, subject to certain conditions, mining locations under the mining laws of the United States within that portion of the Harney National Forest. designated as a game sanctuary, and for other purposes. The Custer State Park Game Sanctuary, which is a part of the Harney Nationa Forest, S. Dak., was established by the act of June 5 1920 (41 Stat 986), as amended, for the purpose of setting aside the area for the protection of game animals and birds and as a breeding place therefor. The act of June 5, 1920, also effected the withdrawal of the lands from location and entry under the mining aws of the United States. The Custer State Park Game Sanctuary is in a mineralized region and exploitation of these mineral resources is of considerable importance to local industry. The development of minerals may be permitted in certain portions of the sanctuary provided that exploitation of minerals is subordinated to the primary purpose of game protection. The limitations placed on location and mining by the proposed legislation and the authority it vests in the Secretary of Agriculture to control the operations are sufficient to fully protect the primary purpose for which the Custer State Park Game Sanctuary was established, while at the same time permitting mineral development of benefit to local industry. This Department believes that the proposed legislation will be in the public interest and recommends its enactment. It has not been possible in the time available for the preparation of this report to submit it to the Bureau of the Budget for review and comment Sincerely. O CLINTON P. ANDERSON, Secretary |