for the complete project. By this time it was evident that funds would not be sufficient to complete the drainage program if the necessary rehabilitation of existing irrigation canals and structures was performed. It was decided to complete the rehabilitation work and to finish only that part of the drainage system which would give the maximum benefit. The owners of the lands which were supposed to receive benefits from the drainage system were disappointed at the cessation of work. They had signed repayment contracts in good faith on the assumption that the construction program, as originally designed, would be completed. With the project incomplete, and with drains in many cases several miles away from their lands, they feel that it is only equitable and just that they be relieved of their obligations. This bill would cancel the sum of $23,090.62 expended for the drainage works intended to serve non-Indian-owned lands. The sum of $38,892.54 representing the charges that were assessable against the Indian lands within the drainage area was canceled October 15, 1943. In view of this cancellation and the failure of the drainage system adequately to restore the lands, it would be most difficult to effect collection of costs from the non-Indian landowners. H. R. 4070 was introduced at the request of the Secretary of the Interior. The Department's executive communication is set forth below in full and is made a part of this report: UNITED STATES DEPARTMENT OF THE INTERIOR, Hon. SAM RAYBURN, OFFICE OF THE SECRETARY, MY DEAR MR. SPEAKER: There are enclosed three copies of the order of October 15, 1943, canceling, subject to approval by Congress, the sum of $23,090.62 expended for drainage works to serve non-Indian-owned land under the Uintah Indian irrigation project, Utah. The cancellation was made under authority of the act of Congress approved June 22, 1936 (49 Stat. 1803). Pursuant to section 6 of the act, I also enclose a draft of proposed bill, which I recommend be enacted, to approve the cancellation. This proposed legislation was introduced in the Seventh-eighth Congress as H. R. 3555 and S. 1514; in the Seventy-ninth Congress as H. R. 2637, which was passed by the House April 13, 1946; and in the Eightieth Congress as H. R. 6376. The accompanying memorandum of information gives in detail the reasons for the cancellation. In the fall of 1938 a thorough investigation of the Uintah project was completed, pursuant to the provisions of the 1936 act. Subsequently, Congress passed the act approved May 28, 1941 (55 Stat. 209), section 1 (b) of which deferred collection of the drainage charges until December 1, 1943. After & subsequent examination of the project, it was concluded that the drainage system would not restore the alkaline and seeped lands to an economic state of productivity. The sum of $38,892.54 representing the charges that were assessable against the Indian lands within the drainage area was also canceled October 15, 1943. The cancellation was made under authority of the act of July 1, 1932 (47 Stat. 564); was reported to Congress October 15, 1943, and under the provisions of the 1932 act has become final. In view of this cancellation and the failure of the drainage system adequately to restore the lands, it would be most difficult to make collection of costs from the non-Indian landowners. Therefore, the enactment of this proposed legislation is urged. The Bureau of the Budget has advised me that there is no objection to the presentation of this proposed legislation to the Congress. Sincerely yours, JULIUS A. KRUG, Secretary of the Interior. Enactment of this legislation is unanimously recommended by the Committee on Public Lands. 1st Session No. 717 DELTA BRANCH EXPERIMENT STATION JUNE 1, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. COOLEY, from the Committee on Agriculture, submitted the following REPORT [To accompany H. R. 3680] The Committee on Agriculture, to whom was referred the bill (H. R. 3680) to authorize the Secretary of Agriculture to quitclaim 5.1 acres of land in Washington County, Miss., to the Mississippi State College, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. STATEMENT In 1934, Mississippi State College deeded to the United States two parcels of land at Stoneville, Miss. One parcel, containing about onefourth acre, was to be used as the site of an experimental cotton gin. The other parcel, of about 5.1 acres, was to be used for housing for the gin personnel. The deed contained a reversion clause which has been construed to apply to both parcels collectively. The gin was constructed and is still being used for the purpose for which the land was conveyed. The housing was never constructed, however, and the 5.1 acres deeded as a site for the housing has never been used for that purpose. Since the reversion clause in the deed has been construed to apply to both parcels collectively, however, this bill is necessary to permit the United States to return to the State college the 5.1 acres that is not being used for the purpose for which it was conveyed. Title to the land on which the gin is located will be retained in the United States. DEPARTMENT REPORT Following is a letter from the Secretary of Agriculture recommending approval of this bill: DEPARTMENT OF AGRICULTURE, Washington, May 17, 1949. House of Representatives. DEAR MR. COOLEY: Receipt is acknowledged of your letter of March 30, 1949, enclosing a copy of H. R. 3680, entitled "A bill to authorize the Secretary of Agriculture to quitclaim five and one-tenth acres of land in Washington County, Miss., to the Mississippi State College.' You request a report by the Department on this proposed legislation. On May 5, 1934, the Mississippi State College deeded to the United States of America two tracts of land at the Delta Branch Experiment Station, Stoneville, Miss. One of these tracts contained one-quarter of an acre, more or less, to be used as a site for an experimental cotton gin; the other tract contained 5.1 acres. more or less, to be used as a site to house personnel to be employed in connection with the operation of the cotton gin. The deed contained a clause as follows: "Said land is conveyed to the United States of America under the provisions of said act foresaid, to be used for a site for an experimental cotton gin and for house sites for housing personnel used in connection with the operation of said experimental cotton gin. And whenever it shall cease to be so used for so long a time as two years, then it shall revert to and become the property of the Mississippi State College." The experimental cotton gin was erected in due course on the one-quarter acre site, and has been in continuous use. The 5.1 acre site has never been used for the purposes for which it was donated to the Government. It has been held that the term "said land" in the reversion clause quoted above applies to both parcels collectively. So long as one of the parcels is being used in compliance with the terms of the conveyance, title to the unused parcel may not revert. The Mississippi State College deeded the tract covered by the proposed bill to the Government for a specific purpose, and with the mutual understanding that, if not used for that purpose, title would revert to the Mississippi State College. Due to technicalities in the wording of the original deed, apparently the approval of Congress is necessary to accomplish the return of this tract to the Mississippi State College. Inasmuch as the Department has never used this tract of land for the purpose for which conveyed, and has no plans to use the tract for this purpose in the foreseeable future, the Department recommends approval of the proposed legislation as embodied in H. R. 3680 to accomplish the obvious intent of the original conditional conveyance of this tract of land to the Government. The Bureau of the Budget advises that, from the standpoint of the program of the President, there is no objection to the submission of this report. Sincerely, CHARLES F. BRANNAN, Secretary. AUTHORIZING THE SALE OF CERTAIN LANDS TO THE SISTERS OF ST. JOSEPH IN ARIZONA, INC. JUNE 2, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. COOLEY, from the Committee on Agriculture, submitted the following REPORT [To accompany H. R. 3982] The Committee on Agriculture, to whom was referred the bill (H. R. 3982) to authorize the Secretary of Agriculture to sell certain lands to the Sisters of St. Joseph in Arizona, Inc., of Tucson, Ariz., to consolidate the Desert Laboratory Experiment Area of the SouthWestern Forest and Range Experiment Station, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. STATEMENT This bill authorizes the Secretary of Agriculture to sell about 16 acres of land belonging to the Southwestern Forest and Range Experiment Station to a Tucson, Ariz., hospital operated by the Sisters of St. Joseph, Inc. It also authorizes the Department to exchange lands with the State of Arizona so that approximately 870 acres of land owned by the State, which are now being used by the laboratory, will become part of the laboratory and experiment station property. The Department will give the State, in exchange for these lands, Forest Service land situated elsewhere in Arizona. and this will be used for the reconstruction elsewhere on the experiment station of a building now situated on the land to be sold. The land to be sold to the hospital will bring an estimated $15,000, DEPARTMENT REPORT Following is a letter from the Secretary of Agriculture recommending approval of this bill: Hon. HAROLD D. COOLEY, Chairman, Committee on Agriculture, DEPARTMENT OF AGRICULTURE, Washington, May 17, 1949. House of Representatives. DEAR MR. COOLEY: Receipt is acknowledged of your letter of March 30, 1949, enclosing a copy of H. R. 3680, entitled "A bill to authorize the Secretary of Agriculture to quitclaim five and one-tenth acres of land in Washington County, Miss., to the Mississippi State College." You request a report by the Department on this proposed legislation. On May 5, 1934, the Mississippi State College deeded to the United States of America two tracts of land at the Delta Branch Experiment Station, Stoneville, Miss. One of these tracts contained one-quarter of an acre, more or less, to be used as a site for an experimental cotton gin; the other tract contained 5.1 acres, more or less, to be used as a site to house personnel to be employed in connection with the operation of the cotton gin. The deed contained a clause as follows: "Said land is conveyed to the United States of America under the provisions of said act foresaid, to be used for a site for an experimental cotton gin and for house sites for housing personnel used in connection with the operation of said experimental cotton gin. And whenever it shall cease to be so used for so long a time as two years, then it shall revert to and become the property of the Mississippi State College.' The experimental cotton gin was erected in due course on the one-quarter acre site, and has been in continuous use. The 5.1 acre site has never been used for the purposes for which it was donated to the Government. It has been held that the term "said land" in the reversion clause quoted above applies to both parcels collectively. So long as one of the parcels is being used in compliance with the terms of the conveyance, title to the unused parcel may not revert. The Mississippi State College deeded the tract covered by the proposed bill to the Government for a specific purpose, and with the mutual understanding that, if not used for that purpose, title would revert to the Mississippi State College. Due to technicalities in the wording of the original deed, apparently the approval of Congress is necessary to accomplish the return of this tract to the Mississippi State College. Inasmuch as the Department has never used this tract of land for the purpose for which conveyed, and has no plans to use the tract for this purpose in the foreseeable future, the Department recommends approval of the proposed legislation as embodied in H. R. 3680 to accomplish the obvious intent of the original conditional conveyance of this tract of land to the Government. The Bureau of the Budget advises that, from the standpoint of the program of the President, there is no objection to the submission of this report. Sincerely, CHARLES F. BRANNAN, Secretary. |