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work to be received in the 1961 and 1962 fiscal years. The estimate of 39,483 tracts to be received during the 1961 and 1962 fiscal years is the largest number of tracts that have ever been estimated for 2 fiscal years. If this estimate is correct we should receive approximately 20,000 tracts during the 1962 fiscal year which would be more than the Division has received in any fiscal year since 1914.
There is attached as exhibit No. 3 a statement which shows the condemnation tracts and acres pending, as well as the balance on deposit in the courts, for each of the acquiring agencies as of June 30, 1960.
B. Indian claims, involved in 463 suits still pending before the Indian Claims Commission and the Court of Claims, continue to constitute a major factor in the workload of the Division. The amounts for which recovery is sought total many billions of dollars. For reasons briefly below noted, the progress made in the handling of these cases is utterly incapable of any accurate statistical measurement. Practically all of these cases involve extremely difficult and novel questions of law, and tedious time-consuming factual research. The expenses of litigation, such as expert witness fees, court reporting, etc., in defending these claims run into large sums of money. It is oversimplification to say that, generally the cases are tried piecemeal in three basic parts: (1) those aspects involved in the determination of liability, if any; (2) the issues as to the amount of the gross liability; and (3) the question of offsets, if any, to arrive at net liability.
Instead of granting the Division's request for a $500,000 supplemental appro priation for the 1961 fiscal year to hire appraisers in the three Indian claims cases in California, the Congress enacted legislation allowing either party to appeal to the Court of Claims from any interlocutory determination by the Commission establishing liability of the United States. This means that a decision by the Commission can now be appealed to the Court of Claims prior to the completion of the case. If the Government's appeal in the California cases is not sustained or is only partially sustained it will be necessary to submit a request for a supplemental appropriation for this unusually large expenditure because no funds are included in this request for that appraisal.
Of the 463 cases ending in the Indian Claims Section, liability has been determined on 74 cases involving approximately 327 million acres of land. This leaves 389 cases where a decision must be made by the Commission as to whether the Government is liable and if so the area involved. In the great majority of these cases it will be necessary to spend large sums of money to hire historians, ethnologists, anthropologists, etc.
In order to try to expedite the disposition of these 463 claims the Commission has set a calendar for a 3-year period of 33 cases per year. This means that the Division will be required to employ appraisers, historians, ethnologists, etc., in most of these cases during the next 3-year period. In view of this action by the Commission, it is estimated that our uncontrollable expenses for the Indian Claims Section will increase materially.
C. General litigation :
1. Water resources litigation involves all matters relating to the Government's interest in rights to the use of water, water resources, and stream pollution (a comparatively new Federal function of far-reaching consequences). The cases are of the utmost importance and affect the policy of the Government and the economy of millions of American citizens in their relation to the development of water resources. Some of these cases are of such magnititude and importance that it is necessary to assign more than one attorney to a case. Because of the increasing water problem, it is anticipated that the number of this type of case will increase during the 1962 fiscal year.
Another important phase of this work is the consideration that must be given to interstate and international compacts involving the waters of interstate and international streams. These compacts require the approval by Congress and are extremely complicated by reason of the many conflicting interests involved, including the interest of the Federal Government in a fiduciary capacity and otherwise.
2. Other litigation involves natural resources of all kinds, boundary disputes, claims under the Tucker Act, actions in trespass and eviction, suits to quiet title, injunctions, and suits for declaratory judgments involving real property and interests therein. This litigation resulted in the collection of $506,522.93 during the 1960 fiscal year and the recovery or protection of land in the name of the United States valued at $5,115,084.30. Claims defended amounted to $18,487,731.74 on which judgments were allowed in the amount of $959,428.52. Claims against the United States pending in the Court of Claims as of June 30, 1960, amounted to $52,744,047.
Exhibit No. 4, attached, is a workload statement of the principal litigation sections of the Division for the years 1955 to 1960, inclusive. (Other sections are Appellate, which handles the appeals originating in the Lands Division ; Legislation and General, which reviews and submits reports on legislative bills, looks after general research and correspondence, etc.; Appraisal, which reviews and advices with respect to appraisals obtained in the work of the other litigation sections; and Administrative, which looks after the divisional personnel matters, supplies, statistical, bookkeeping, and general “housekeeping.”) This exhibit shows the amount of work received and closed each fiscal year, and the number of cases or matters pending at the end of the years stated.
There is no way in which the Division can control its volume of incoming work but it must be prepared at all times expeditiously to handle whatever quantity of litigation is received.
Since an average of more than 312 years elapses from the filing of a complaint in condemnation until the final disposition of the case, it is apparent that the cases received in 1 year substantially affect the volume of business to be handled during the several subsequent years.
When property is taken for public use the property owner is entitled to receive just compensation for it as speedily as the amount can be properly determined and paid, and it is equally important to the general public that the Government's interest shall be fully protected against the unjustified cost of rash haste on the one hand or interest charges due to avoidable delays on the other hand.
In view of the present and prospective workload of the Lands Division, it is felt that the amount requested for the 1962 fiscal year is the absolute minimum required.
EXHIBIT No. 1.–Tracts received, closed, pending-acres and parcels acquired
cost 1944 to 1960 fiscal years, inclusive
Cost of parcels
1900 1959 1958 1957 1955. 1955. 1954 1953. 1952 1951 1950. 1949 1948. 1917 1946. 1915. 1944.
16, 453 18, 858 16, 223 16, 971 19, 706 11, 357 11, 884 17, 953 16, 159 18, 015 14, 389 11, 777 8, 386 5. 865 6,089 10, 466 26, 619
17, 876 16, 554 15, 954 15, 509 13,627 13, 744 13, 302 20, 740 16. 283 14, 434 14, 863 12, 862 10, 574 14, 261 17, 588 25, 019 34,823
38, 423 39, 846 37, 542 37, 273 35, 811 29, 732 32, 119 33, 537 36, 324 36, 448 32, 867 33, 341 34, 323 36, 511 44, 907 56, 406 70, 959
401, 388 456, 639 668, 835 753, 710 595, 679 448, 233 580, 418 626, 426
$128, 209, 884. 82
13, 356, 928
1,333, 940, 053.01 reational Area..
Exhibit No. 2.-Land acquisitions by acquiring agencies during 1961 and 1962
1 The best informed estimate that could be made by Department of Defense representatives is an overall 31,400 tracts for both agencies.
Exhibit No. 3.- Report of cases, tracts, acres pending and balance on deposit for
each agency as of June 30, 1960
Atomic Energy Commission.
1 18 466
359 1, 294
8 274 170
1 1 26
6 17 66 2
26 2, 385 2, 5.52 12, 757
22 1,543 5, 688
1 140 78 71 279 344
$459, 249. 46
76, 339 32 5, 169, 293. 68 5, 302.835. 41 29,048, 547, 28
139, 432. 82 4, 549, 501. 27 4, 400,951. 31
5, 133. 48 75, 559. 82 467, 441.99 551, 784.37 1, 452. 87
219. 42 113, 631.63 258, 672. 21
3.00 2, 739.98 2, 180. 33
121. 91 6, 711. 37 35, 490.81
100.00 754,998. 11 116, 158, 78
62, 262.36 12, 275, 409. 20 1,088, 074, 12
1, 593, 480. 47
68, 988,711. 47
EXHIBIT No. 4.-Lands Division workload, 1955 through 1960
Mr. ROONEY. They indicate that the request is in the amount of $3,695,000, which means a requested increase of $273,700 over the amount appropriated to date in the current fiscal year.
We have with us Mr. Ramsey Clark, distinguished son of a distinguished father, the Assistant Attorney General-designate in charge of the Lands Division. It is a pleasure to welcome you here, Mr. Clark.
Mr. CLARK. Thank you very much.
father was Attorney General of the United States, and we still have an affinity because he still visits us in connection with the budget for the Supremo Court of the United States, and was here one day last week.
BIOGRAPHY OF MR. RAMSEY CLARK
It is customary at this point to inquire as to your background as the new Assistant Attorney General.
Mr. CLARK. Yes, sir.
I was born in Texas in 1927. I attended public schools in Texas, Washington, D.C., and Los Angeles, Calif. I graduated from high school here in Washington, Woodrow Wilson High School, and joined the Marines during my senior year in high school in 1945.
I was discharged from the Marine Corps in 1946, and proceeded at that time to the University of Texas, commencing my college education there in February 1947. In June of 1949 I received my B.A. degree from the University of Texas. I left the University of Texas at that time and went to the University of Chicago where, in December 1950, I received a master of arts degree in American history and a law degree from the Law School at the University of Chicago.
In January 1951, I returned to Texas, took the bar examinations in March, and was admitted to the bar of the Supreme Court of Texas in May of 1951.
Since that time I have been in private practice in Dallas, Tex. I was first associated with the law firm of Clark, Coon, Holt & Fisher in Dallas. I have been associated with the same law firm until my resignation a week ago Friday. At the time of my resignation the firm was Clark, Reed & Clark.
I was married in 1949 to Georgia Welch, of Corpus Christi, Tex. I have two children. We belong to the Presbyterian Church.
Mr. Rooney. That is very interesting. I take it you will have these two professionals alongside you answer whatever questions there may be, or do you wish to address yourself to this budget?
Nr. CLARK. I am sure it will expedite your business, sir, if Mr. Williams and Mr. Rogers answer your questions.
WITHIN-GRADE PROMOTIONS AND PERSONNEL BENEFITS
Mr. Rooney. Gentlemen, the increases are set forth on page 16–3 of these justifications. As a practical matter, there is not anything we can do with regard to the first of the two items which make up the requested $273,700, to wit, $14,700. This is entirely for withingrade promotions. What are personnel benefits? That is a new
Mr. ROGERS. That refers to retirement, group health, and group insurance.
Mr. Brown. That is an all-encompassing term, Mr. Chairman. It includes retirement fund contributions, health benefit contributions, and life insurance contributions.
Mr. Rooney. What happens with regard to an item in the previous Division, the Civil Division, where you do not mention health benefits, page 15-3, where all it says is retirement fund contributions?
Mr. Brown. That should have been the same thing there. It represents exactly the same types of increases.
Mr. Rooney. So up to now when we have mentioned retirement fund contributions in the various items, they include health?
Mr. Brown. That is right.
Mr. Rooney. You would rather that they be called all-inclusively "Personnel benefits"; is that it?
Mr. Brown. That is right.
COST OF APPRAISERS AND EXPERTS
Mr. ROONEY. The balance of this amount is alleged to be due to "rising cost of appraisers, experts, and so forth, $259,000.” What about this, Mr. Williams?
Mr. Williams. In the first place, you have to approach that problem in the light of our pending work and the anticipated work that we will receive in the future, particularly for the year 1962. Pend