SENATE 72D CONGRESS 1st Session } { REPORT No. 365 CONVEYANCE OF LAND ON FENWICK ISLAND, DEL., FOR ROADWAY PURPOSES MARCH 2 (calendar day, MARCH 3), 1932.-Ordered to be printed Mr. JOHNSON, from the Committee on Commerce, submitted the following REPORT [To accompany S. 283] The Committee on Commerce, to whom was referred the bill (S. 283) to provide for conveyance of a certain strip of land on Fenwick Island, Sussex County, State of Delaware, for roadway purposes, having considered the same, report favorably thereon, and recommend that the bill do pass without amendment. The bill has the approval of the Department of Commerce as will appear by the annexed communications, which are made a part of this report. DEPARTMENT OF COMMERCE, Hon. HIRAM W. JOHNSON, Chairman Committee on Commerce, United States Senate, Washington, D. C. MY DEAR SENATOR: Reference is made to S. 283, being a bill to provide for conveyance of a certain strip of land on Fenwick Island, Sussex County, State of Delaware, for roadway purposes, and upon the merits of which your committee has asked the views of this department. For your information, there is inclosed herewith a copy of a report received from the Commissioner of Lighthouses, regarding this bill. The Bureau of the Budget has informed this department that the bill is not in conflict with the President's financial program, and also that the property in question is not needed by any other Government activity. Very truly yours, E. F. MORGAN, Acting Secretary of Commerce. Memorandum to the Secretary of Commerce: DECEMBER 22, 1931. With reference to the memorandum of the assistant to the solicitor dated December 18 and accompanying bill S. 283 proposing the conveyance of a portion of Fenwick Island Lighthouse Reservation, Del., to the Levy Court of Sussex County for roadway purposes: A revocable license was granted by the department under date of November 1, 1930, to the Levy Court of Sussex County, State of Delware, for the purpose of building the roadway in question which Sussex County had found necessary in order to continue an improved roadway to connect with the main roads of the county. The strip of land covered by the bill is not required for lighthouse purposes and the transfer of same to Sussex County appears advantageous to the Government. It is accordingly recommended, if the department sees no objection thereto, that no objection be made to the passage of the bill. Bill S. 283 is returned herewith as requested. G. R. PUTNAM, Commissioner of Lighthouses. 72D CONGRESS 1st Session } SENATE { REPORT No. 366 CONFIRMATION OF SELECTION OF CERTAIN LANDS BY ARIZONA FOR BENEFIT OF UNIVERSITY OF ARIZONA MARCH 2 (calendar day, MARCH 3), 1932.-Ordered to be printed Mr. ASHURST, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany S. 2428] The Committee on Public Lands and Surveys, to whom was referred the bill (S. 2428) to provide for the confirmation of a selection of certain lands by the State of Arizona for the benefit of the University of Arizona, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The facts regarding the proposed legislation are set forth in the favorable letter of the Secretary of the Interior, under date of January 25, 1932, as follows: Hon. GERALD P. NYE, DEPARTMENT OF THE INTERIOR, Chairman Committee on Public Lands and Surveys, United States Senate. MY DEAR MR. CHAIRMAN: In response to your request of January 12 for an opinion as to the merits of S. 2428, which is a bill providing for the confirmation of a selection of certain lands by the State of Arizona for the benefit of the University of Arizona, I transmit herewith a memorandum on the subject that has been submitted by the Commissioner of the General Land Office. The department will interpose no objection to the passage of the bill. Sincerely yours, RAY LYMAN WILBUR, Secretary. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, January 20, 1932. Memorandum for the Secretary: S. 2428 proposes to authorize and direct the Secretary of the Interior to approve the selection, by the State of Arizona, of the S. 1⁄2 NE. 4, N. 1⁄2 SE. 1⁄4 and W. sec. 9, T. 14 S., R. 16 E., G. and S. R. M. SR-72-1-VOL 1- 41 This bill is identical with H. R. 7122, upon which a memorandum was submitted to the department January 18, 1932, making favorable report thereon, as follows: "It is found that these lands, aggregating 480 acres, were selected by the State of Arizona July 7, 1930, in Phoenix list No. 068540, under the grant for university purposes made by the act of Congress approved June 20, 1910 (36 Stat. 557). "This selection was held for cancellation by decision of this office dated August 13, 1931, for the reason that the lands are embraced within the Fort Lowell Abandoned Military Reservation, appraised March 14, 1904, at $1.25 per acre, opened to entry under the provisions of the act of August 23, 1894 (28 Stat. 491), and not therefore subject to selection by the State under the grant named. "Under the provisions of the said act of 1894, lands within the limits of the abandoned military reservation are opened to settlement under the public land laws and to homestead entry, 'Provided, That persons who enter under the homestead law shall pay for such lands not less than the value heretofore or hereafter determined by appraisement, nor less than the price of the land at the time of the entry, and such payment may, at the option of the purchaser, be made in five equal installments, at times and at rates of interest to be fixed by the Secretary of the Interior.' "By telegram dated September 4, 1931, the State made showing that these lands were desired for the purpose of preserving to posterity large cactus groves located thereon and requested the withdrawal of these lands from all forms of disposal pending the enactment of necessary legislation. "These lands were thereupon withdrawn by Executive order of September 14 1931, pending legislation, and October 1, 1931, the State filed appeal from the decision of this office dated August 13, 1931. Action by the department upon the appeal was deferred, pending the contemplated legislation. "These lands have been examined in the field and have been reported by the examiner to be of nonmineral character. "Although the existing law provides that these lands shall be disposed of only upon payment therefor at $1.25 per acre, in view of the showing made as to the purpose for which the lands are sought by the State, and inasmuch as the area of these lands under the legislation proposed would be charged to the grant heretofore made for university purposes, I offer no objection to the passage of the bill. "The foregoing is in harmony with your letter of November 12, 1931, to Senator Hayden concerning this selection." C. C. MOORE, Commissioner. |