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SENATE

72D CONGRESS 1st Session

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REPORT No. 153

EXCUSING CERTAIN PERSONS IN DROUGHT-STRICKEN AREAS FROM RESIDENCE UPON HOMESTEAD LANDS DURING 1929, 1930, AND 1931

FEBRUARY 1, 1932.-Ordered to be printed

Mr. WALSH of Montana, from the Committee on Public Lands and Surveys, submitted the following

REPORT

[To accompany S. 279]

The Committee on Public Lands and Surveys, to whom was referred the bill (S. 279) to excuse certain persons from residence upon homestead lands during 1929, 1930, and 1931 in the drought-stricken areas, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendments:

On page 1, line 6, after the word "family" and the comma, strike out the word "and" at the end of the line and insert in lieu thereof the word "or"; and on the same page, in line 9, after the word "register" and before the word "proof" insert the words "of the district".

On page 2, line 4, after the word "absences" and before the period, insert a colon and the following proviso:

Provided, That the time of such actual absence shall not be deducted from the actual residence required by law, but an equivalent period shall be added to the statutory life of the entry.

This proviso was recommended by the Secretary of the Interior in his favorable letter of January 14, 1932, which sets forth facts concerning the proposed legislation, as follows:

Hon. GERALD P. NYE,

DEPARTMENT OF THE INTERIOR,
Washington, January 20, 1932.

Chairman Committee on Public Lands and Surveys, United States Senate. MY DEAR MR. CHAIRMAN: In compliance with your request of December 29, 1931, for a report on S. 279, which is a bill that would excuse certain persons from residence upon homestead lands during 1929, 1930, and 1931 in the droughtstricken areas, I transmit herewith a memorandum on the subject that has been

submitted by the Commissioner of the General Land Office, in whose suggestion as to amendment of the bill I concur.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

Memorandum for the Secretary.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, January 14, 1982.

Senate 279, to excuse certain persons from residence on homestead lands during the years 1929, 1930, and 1931, in the drought-stricken areas, provides that any homestead settler or entryman who during the calendar years 1929, 1930, and 1931 found it necessary to leave his homestead to seek employment in order to obtain food and other necessaries of life for himself, family, and work stock because of serious drought conditions, causing total or partial failure of crops, may, upon filing with the register proof of such conditions in the form of a corroborated affidavit, be excused from residence upon his homestead during all or part of the calendar years 1929, 1930, and 1931, and that said entries shall not be open to contests or protests because of such absences.

The large areas of public lands subject to homestead entry are situated in localities having scant or only moderate rainfalls, and there is perhaps never a growing season during which drought in some section does not cause a partial or total crop failure. This condition is recognized by the general act of March 2, 1889 (25 Stat. 854), which authorizes a leave of absence for one year, and renewable if necessary, where a partial or total crop failure prevents the settler from securing support for himself and family from the land settled upon. The settler, however, in such cases is not credited with constructive residence.

A homesteader is not subject to contest for absences due to causes mentioned by said act of March 2, 1889, and while, as stated, the time absent under leaves granted pursuant to said act must be made up the act of June 6, 1912 (37 Stat. 123), under which homestead entries are made, allows the homesteader to be absent for one or two periods aggregating not more than five months in each residence year and permits such absences to be counted as constructive residence upon the land.

I believe that the act of March 2, 1889, affords sufficient relief, but if in the opinion of Congress additional legislation is necessary, I would interpose no objection to the enactment of the bill if amended by adding to the bill the following:

"Provided, That the time of such actual absence shall not be deducted from the actual residence required by law, but an equivalent period shall be added to the statutory life of the entry." C. C. MOORE, Commissioner.

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Mr. FRAZIER, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany H. R. 6663]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 6663) to reserve certain land on the public domain in Utah for addition to the Skull Valley Indian Reservation, having considered the same, report favorably thereon with a recommendation that the bill do pass without amendment.

The facts are fully set forth in the report of the House Committee on Indian Affairs (H. Rept. No. 25, 72d Cong., 1st sess.), which is appended hereto and made a part of this report.

[House Report No. 25, Seventy-second Congress, first session]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 6663) to reserve certain land on the public domain in Utah for addition to the Skull Valley Indian Reservation, having considered the same, report thereon with a recommendation that it do pass without amendment.

This measure provides for withdrawal from homestead entry of 320 acres of public land in the State of Utah for the use of Indians on the Skull Valley Indian Reservation. It is now under temporary withdrawal pending action by Congress and is being used by the Indians. It is necessary for proper administration of the

reservation.

After consideration of the proposal your committee believes the bill should be enacted into law.

The favorable report of the Secretary of the Interior, which gives added details, is as follows:

DEPARTMENT OF THE INTERIOR,
Washington, December 30, 1981.

CHAIRMAN COMMITTEE ON INDIAN AFFAIRS,

House of Representatives.

MY DEAR MR. CHAIRMAN: Submitted herewith is the draft of a proposed bill to withdraw the south half of section 14, township 5 south, range 8 west, of the Salt Lake meridian, Utah, containing 320 acres, from the public domain for addition to the Skull Valley Indian Reservation.

By Executive orders of January 17, 1912, September 7, 1917, and February 15, 1918, a total of 18,640 acres of land in Utah was reserved for the benefit of the Indians of Skull Valley and such other Indians as the Secretary of the Interior may place thereon. The 320-acre tract recommended for withdrawal at this time adjoins other land included in the present reservation, is being utilized by the Indians in connection with their reservation activities, and its continued availability for use by them is necessary for the furtherance of their interests. In view of the provisions of the act of March 3, 1927 (Supp. U. S. C., title 25, sec. 398d), prohibiting the changing of boundaries of Indian reservations except by act of Congress, under date of September 2, 1931, this department reserved temporarily the above-described land from settlement, entry, or other disposition until the matter of its permanent withdrawal for the benefit of the Skull Valley Indians could be laid before Congress. Such temporary withdrawal was necessary in

order to prevent the land from being entered in the meantime under the public land laws.

This department recommends the enactment of legislation such as is contemplated by the attached draft of a bill.

Very truly yours,

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72D CONGRESS 1st Session

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SENATE

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REPORT No. 156

AUTHORIZING SALE OF LAND ON THE CAMP MCDOWELL INDIAN RESERVATION

FEBRUARY 1, 1932.—Ordered to be printed

Mr. ASHURST, from the Committee on Indian Affairs, submitted the

following

REPORT

[To accompany S. 1438]

The Committee on Indian Affairs, to whom was referred bill S. 1438, authorizing the sale of land on the Camp McDowell Indian Reservation to the city of Phoenix, Ariz., for use in connection with its water supply development, and for other purposes, having considered the same, report favorably thereon with recommendation that the bill do pass without amendment.

The matters involved in said bill were also brought to the attention of the subcommittee of the Senate Committee on Indian Affairs, now making a survey of conditions among the Indians of the United States, at its hearing on the 18th day of April, 1931, at Fort McDowell, Ariz., the testimony of witnesses appearing before the subcommittee and other evidence concerning the said subject on pages 8175 to 8226, part 17 of the printed hearings of the subcommittee.

The bill has the recommendation of the Secretary of the Interior, as set forth in his letter dated January 12, 1932, which letter and memorandum submitted by the Assistant Commissioner of Indian Affairs under date of January, 1932, is attached hereto and made a part hereof.

There is also appended hereto and made a part of this report correspondence between the officials of the Interior Department and the officials of the city of Phoenix.

Hon. LYNN J. FRAZIER,

DEPARTMENT OF THE INTERIOR,
Washington, January 12, 1982.

Chairman Committee on Indian Affairs, United States Senate.

MY DEAR MR. CHAIRMAN: In response to your request of December 16, 1931, for an opinion on S. 1438, which is a bill that would authorize the sale of land

2-10-32

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