72D CONGRESS 1st Session } SENATE { REPORT No. 502 VACATING WITHDRAWALS OF PUBLIC LANDS UNDER RECLAMATION LAW, WITH RESERVATION OF RIGHTS, WAYS, AND EASEMENTS APRIL 4, 1932.-Ordered to be printed Mr. NYE, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany H. R. 8087] The Committee on Public Lands and Surveys, to whom was referred the bill (H. R. 8087) authorizing the Secretary of the Interior to vacate withdrawals of public lands under the reclamation law, with reservation of rights, ways, and easements, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. This bill was introduced at the request of the Secretary of the Interior, as set forth in the report of the House Committee on the Public Lands (H. Rept. No. 349, 72d Cong., 1st sess.), which also sets forth facts concerning the proposed legislation, as follows: [House Report No. 349, Seventy-second Congress, first session] The Committee on the Public Lands, to whom was referred the bill (H. R. 8087) authorizing the Secretary of the Interior to vacate withdrawals of public lands under the reclamation law, with reservation of rights, ways, and easements, having considered the same, report it favorably to the House with the recommendation that it do pass with the following amendments: Page 2, line 1, strike out the words "vacate such withdrawal" and in lieu thereof insert the words "open the land to location, entry and patent under the general mining laws." Page 2, line 15, strike out the word "to" and insert in lieu thereof the words "which shall". Page 2, line 16, after the word "recorded" insert the following: "In the county records and United States local land office". Page;, line 4, strike out the word "may" and insert in lieu thereof the word "shall". This bill was introduced at the request of the Secretary of the Interior. A copy of his letter submitting draft of the bill appears as follows: Hon. JOHN M. EVANS, DEPARTMENT OF THE INTERIOR, Chairman House Committee on the Public Lands, Washington, D. C. DEAR MR. EVANS: Under authority of the Federal reclamation laws there have been withdrawn from time to time areas of land which are likely to be used or needed for or in connection with the construction of reclamation projects. In some instances areas alleged to be valuable for minerals could be restored to disposition under the general mining laws, but it is necessary in order to protect the future needs and interests of the Government and of their successors on the reclamation projects, to reserve certain ways, rights, or easements, and in some instances to reserve the right to take and remove from the lands materials for use in construction. These reservations would not interfere with the development and extraction of the minerals and such a practice, if permissible under the law, would, it is believed, be of material benefit to the Government and the would-be mineral developers. There has been prepared and is herewith submitted, a draft of a measure designed to permit the Secretary of the Interior in such cases in his discretion, to restore lands from withdrawal, subject to appropriate reservations, and/or stipulations or agreements. I transmit a copy of same for your consideration and for introduction if you deem same advisable. Very truly yours, RAY LYMAN WILBUR, Secretary. The purpose of this bill is to permit the Secretary of the Interior in his discretion to subject to location, entry, and patent, under the general mining laws, public lands of the United States containing valuable deposits of minerals, but which are at present withdrawn from development and acquisition because included within the limits of withdrawals made pursuant to section 3 of the reclamation act approved June 17, 1902 (32 Stat. 389). Section 3 of the act cited authorized the Secretary of the Interior to withdraw from public entry lands which might be required for any contemplated irrigation works and directed that he should restore such lands to their former status when in his judgment the lands are no longer required for the purpose of the act. Under this authority there have been withdrawn from time to time large areas of land in the Western States which it was thought might be used or needed for or in connection with the construction of reclamation projects. They remain withdrawn because of the thought that at some time in the future, portions thereof may be required either for inclusion in reservoir sites, for the location and operation of canals and laterals, headquarters for ditch riders or other uses connected with construction, operation, and maintenance of such projects. Other lands, it is thought, may be needed at some time in the future as a source of materials, sand, gravel, rock, or earth to be utilized in future construction work. In the meantime exploration of the lands for mineral deposits and their location, entry, and patent under the general mining laws would not interfere with the possible future reclamation use if they could be disposed of under proper stipulations and conditions reserving the right to use any or all of the lands so located, entered, or patented at any time in the future for or in connection with reclamation uses and purposes including the right to take and remove from the lands materials for use in the construction of irrigation works. The bill provides for appropriate stipulations and conditions to be contained in contracts to be executed by the mineral claimants, to be noted in the local and general land offices, and to be incorporated in the entry or patent when made or issued. In other words, the purpose of this legislation is to permit of a dual use. One, the reclamation use whenever and to the extent needed in the future construction, operation, and maintenance of reclamation works and, two, development of the mineral resource subject to appropriate limitations and conditions. The committee has suggested the following amendments designed to strengthen and clarify the bill: The first amendment is to strike from line 1, page 2, of the bill, the words "vacate such withdrawal" and insert in lieu thereof the words "open the lands to location, entry, and patent under the general mining laws." The second amendment is to strike out the word "to" in line 15, page 2, and insert the words "which shall." To insert in line 16, page 2, after the word "recorded," the words "in the office of the county recorder and in the United States local land office." The purpose of this amendment is to make mandatory the execution, acknowledgement, and recordation of a contract to protect the future reclamation use and to require that it be placed of record for the information of the public, both in the office of the local county recorder and of the register of the United States local land office. The third amendment substitutes the word "shall" for the word "may" in line 6, page 3, so as to specifically require the Secretary of the Interior to prescribe rules and regulations enforcing the provisions of the act. Your committee believes that the enactment of the legislation is in the public interest and that under it mineral development may be permitted without detriment to operations under the reclamation projects, present or proposed, for which the withdrawals were made. The measure has the approval of the Secretary of the Interior and of the heads of the two bureaus directly affected, the Reclamation Bureau and the General Land Office. O 72D CONGRESS 1st Session } SENATE { REPORT No. 503 ADJUSTMENT OF BOUNDARIES OF CHELAN NATIONAL FOREST, WASH. APRIL 4, 1932.—Ordered to be printed Mr. NYE, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany S. 3711] The Committee on Public Lands and Surveys, to whom was referred the bill (S. 3711) to authorize the adjustment of the boundaries of the Chelan National Forest, in the State of Washington, and for other purposes, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: At the end of the bill, page 2, line 6, after the word "President" and before the period, insert a colon and the following proviso: Provided, however, That nothing contained herein shal. affect prior valid existing claims or entries or prior existing withdrawals or reservations This amendment was suggested by the Secretary of the Interior in his favorable letter of March 18, 1932, and with the favorable letter of the Secretary of Agriculture, under date of March 1, 1932, is set forth herein, 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 February 19, 1932, for a report on S. 3711, a bill to authorize the adjustment of the boundaries of the Chelan National Forest, in the State of Washington, and for other purposes, I transmit herewith a memorandum on the subject that has been submitted by the Commissioner of the General Land Office. After a review of the proposed measure, I agree with the commissioner. Very truly yours, RAY LYMAN WILBUR, Secretary. |