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

following

REPORT..

[To accompany S. 4864.]

The Committee on Public Lands, to whom was referred the bill (S. 4864) to amend section 3 of an act entitled "An act to provide for the leasing of coai lands in the Territory of Alaska, and for other purposes," approved October 24, 1914, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment:

Strike out all after the enacting clause and insert the following in lieu thereof:

That section 3 of the act entitled "An act to provide for the leasing of coal lands in the Territory of Alaska, and for other purposes," approved October 24, 1914, be, and the same is hereby, amended by adding to said section the following proviso:

"And provided further, That where prospecting or exploratory work is necessary to determine the existence or workability of coal deposits in any unclaimed, undeveloped area in Alaska, the Secretary of the Interior may issue prospecting permits for a term of not to exceed four years, under such rules and regulations and conditions as to development as he may prescribe, to applicants qualified under this act, for not exceeding 2,560 acres, and if within the time specified in said permit the permittee shows to the Secretary of the Interior that the land contains coal in commercial quantities, the permittee shall be entitled to a lease under this act for all or any part of the and in his permit."

This legislation was initiated and recommended by the Interior Department in the following letters from the Secretary of that department. The suggested amendment has been incorporated in the bill.

DEPARTMENT OF THE INTERIOR, Washington, January 14, 1921. MY DEAR SENATOR: There is inclosed herewith a copy of a proposed amendment to section 3 of the Alaska coal leasing act of October 20, 1914 (38 Stat., 741).

In support of the proposed amendment I quote from the report of group 2 of the Interdepartmental Alaska Board, to whom the matter was referred for consideration, the report having been subsequently approved by said board:

"Your committee, to which was referred a recommendation that legislation be enacted providing for a prospecting permit on coal lands in Alaska similar to the provision of the law applicable to the public-land States, has considered this matter and recommends that the Secretary of the Interior be advised that this board recommends the enactment of such legislation.

"The present law for leasing coal lands in Alaska assumes that only known coal lands are to be leased and no provision is made whereby a prospector may acquire a preference right if he discovers a new field. It has been the experience of those who have taken leases in the known coal fields that large amounts have to be expended in prospecting before they can plan comprehensive development. Anyone who goes into a new region to prospect for coal has no assurance that he will be able to secure a lease on the land if he should prove the existence of coal in commercial quantities. I believe that a period of not exceeding four years should be allowed during which time the permittee shall have exclusive right to prospect for coal, subject, of course, to regulations guaranteeing diligence and safeguarding the interests of the Government.

"There are many places in Alaska where indications of coal have been reported, and if prospectors are given some assurance that their efforts will be rewarded they will no doubt make an attempt to prove the value of the land for coal. A similar provision in the public-land States has resulted in much prospecting and development in new fields and no doubt the result in Alaska will be the same.

"The need for coal on the Pacific coast is so well known as to make comment unnecessary and any action that will encourage prospecting and development of new fields should be strongly urged."

I concur in this recommendation and would appreciate your introducing the proposed amendment in the Senate with a view toward obtaining an early enactment. Cordially, yours, JOHN BARTON PAYNE, Secretary.

Hon. REED SMOOт,

Chairman Committee on Public Lands,

United States Senate.

DEPARTMENT OF THE INTERIOR,

Washington, January 28, 1921.

Hon. REED SMOOT,

Chairman Committee on Public Lands,

United States Senate.

MY DEAR SENATOR: January 14, 1921, I forwarded recommendation that section 3 of the act of October 24, 1914 (38 Stat., 741), be amended so as to authorize the Secretary of the Interior to issue prospecting permits for the purpose of determining the existence or workability of coal deposits in Alaska. The amendment was in the form of a reenactment of section 3 of the act. My attention has just been directed to the fact that the body of said section 3 contains certain provisos with respect to old claims, and fixes a time limit for their disposition, which limit has long since expired, and that the reenactment of the entire section might raise some question in connection with such claims. I therefore suggest that, instead of reenacting the entire section, the desired result may be best secured by the following amendment:

"That section 3 of the act entitled "An act to provide for the leasing of coal lands in the Territory of Alaska, and for other purposes," approved October 24, 1914, be and the same is hereby amended by adding to said section the following proviso:

"And provided further, That where prospecting or exploratory work is necessary to determine the existence or workability of coal deposits in any unclaimed, undeveloped area in Alaska, the Secretary of the Interior may issue prospecting permits for a term of not to exceed four years, under such rules and regulations and conditions as to development as he may prescribe, to applicants qualified under this act, for not exceeding 2,560 acres, and if within the time specified in said permit the permittee shows to the Secretary of the Interior that the land contains coal in commercial quantities, the permittee shall be entitled to a lease under this act for all or any part of the land in his permit.'"

Cordially, yours,

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

REPORT.

[To accompany S. 4710.]

The Committee on Public Lands, to whom was referred the bill (S. 4710) to authorize the Commissioner of the General Land Office to dispose of certain trust funds in his possession, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

This legislation was initiated and recommended by the Interior Department in the following letter from the Acting Secretary of that department:

Hon. REED SMOOT,

DEPARTMENT OF THE INTERIOR,
Washington, December 16, 1920.

Chairman Committee on Public Lands, United States Senate.

MY DEAR SENATOR: When the Oklahoma town-site boards of trustees were abolished under the act of July 7, 1898 (30 Stat., 674), there were in the hands of the trustees moneys which had been received for the assessments upon lots in a large number of town sites and moneys deposited to pay the expense of contests over lots in said town sites which were unapplied and unearned. There were some 40 town sites disposed of by said trustees, but in some of the town sites, perhaps about half of them, there were no surplus moneys. After the sale of lots and the payment of the expenses in town site of Pawnee the department held (21 L. D. 52, syllabus) that--"Money derived from the assessment of lots and left in the hands of the trustees on the completion of their trust, should be returned in just proportion to the person from whom it was collected

In accordance with said decision a clerk of the General Land Office was detailed to ascertain the names and addresses of the purchasers, that the said moneys might be returned to them. After making a careful investigation to find the persons so entitled, and after disbursing to all who had applied after duly published notice given, there was still found to be left in the hands of the Commissioner of the General Land Office as ex officio trustee for said town sites, the sum of $348.51, derived from assessments and $275.08 contest funds, aggregating $623.59 which had not been applied for.

The lots in said town sites were disposed of under the provisions of the act of May 14, 1890 (26 Stat., 109), and the joint resolution of Congress of September 1, 1893 (28 Stat., 11), and the lots were practically all disposed of between the dates of said acts and the 1st of January, 1899, when the Commissioner of the General Land Office became ex officio town-site trustee, to complete the unfinished work of said boards. It appears after diligent search and due publication that the parties entitled to the return of said moneys can not be found, and, in order to finally dispose of the moneys mentioned and relieve the Commissioner of the General Land Office from the care and custody of said moneys, it is deemed best to have legislation enacted in accordance with the proposed bill herewith presented. I therefore ask that the bill be introduced and receive favorable action if it meets your approval.

Cordially, yours,

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