Page images
PDF
EPUB

LAND TRANSFER TO CLEMSON COLLEGE

WEDNESDAY, JUNE 8, 1955

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON CONSERVATION AND CREDIT
OF THE COMMITTEE ON AGRICULTURE,

Washington, D.C. The subcommittee met at 11:15 a. m., pursuant to call, in room 1310, New House Office Building, Hon. W. R. Poage (chairman of the subcommittee) presiding.

Mr. Poate. Let us take up H. R. 4280 and the related bills. (H. R. 4280 and related bills are as follows:)

[H. R. 4280, 84th Cong., 1st sess.) A BILL To direct the Secretary of Agriculture to release on behalf of the United States

conditions in two deeds conveying certain submarginal lands to Clemson Agricultural College of South Carolina so as to permit such college, subject to certain conditions, to sell, lease, or otherwise dispose of such lands Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of subsection (c) of section 32 of the Bankhead-Jones Farm Tenant Act, as amended (7 U. S. C. 1011 (c)), the Secretary of Agriculture is authorized and directed, subject to the provisions of this Act, to release on behalf of the United States the conditions, contained in two deeds, both dated December 22, 1954, conveying certain submarginal lands in Anderson, Oconee, and Pickens Counties, South Carolina, to Clemson Agricultural College of South Carolina, which require that the lands conveyed be used for public purposes and provide for a reversion of such lands to the United States if at any time they cease to be so used.

SEC. 2. The Secretary shall release the conditions referred to in the first section only if the Clemson Agricultural College agrees

(a) that all proceeds from the sale, lease, or other disposition of the lands conveyed to it by such deeds shall be used by it exclusively for one or more of the following purposes: (1) the operation, development, or improvement of any of the lands not sold, leased, or disposed of by the college, (2) the development and advancement of agriculture, or (3) general research ;

(b) that all proceeds received from the sale, lease, or other disposition of such lands shall be maintained by the college in a separate fund and that the records of all transactions involving the use of such fund shall be open to inspection by the Secretary; and

(c) to pay to the United States any amount determined by the Secretary to be payable to the United States under section 3 of this Act. SEC. 3. If the Secretary finds, after notice and opportunity for a hearing, that any of the proceeds from the sale, lease, or other disposition of the lands conveyed to the college by such deeds were used by it for any purpose other than one of the purposes enumerated in section 2 (a), the college shall be liable to pay to, the Secretary, for deposit in the Treasury of the United States, an amount equal to the amount which the Secretary determines was so used. All proceedings under this section shall be held in compliance with the Administrative Procedure Act and the findings and determinations of the Secretary hereunder shall be subject to judicial review in the manner provided in that Act.

(H. R. 4285, 84th Cong., 1st sess.) A BILL To direct the Secretary of Agriculture to release, on behalf of the United States,

conditions in two deeds conveying certain submarginal lands to Clemson Agricultural College of South Carolina so as to permit such college, subject to certain conditions, to sell, lease, or otherwise dispose of such lands

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions of subsection (c) of section 32 of the Bankhead-Jones Farm Tenant Act, as amended (7 U. S. C. 1011 (c)), the Secretary of Agriculture is authorized and directed, subject to the provisions of this Act, to release on behalf of the United States the conditions, contained in two deeds, both dated December 22, 1954, conveying certain submarginal lands in Anderson, Oconee, and Pickens Counties, South Carolina, to Clemson Agricultural College of South Carolina, which require that the lands conveyed be used for public purposes and provide for a reversion of such lands to the United States if at any time they cease to be so used.

SEC. 2. The Secretary shall release the conditions referred to in the first section only if the Clemson Agricultural College agrees

(a) that all proceeds from the sale, lease, or other disposition of the lands conveyed to it by such deeds shall be used by it exclusively for one or more of the following purposes: (1) the operation, development, or improvement of any of the lands not sold, leased, or disposed of by the college, (2) the development and advancement of agriculture, or (3) general research;

(b) that all proceeds received from the sale, lease, or other disposition of such lands shall be maintained by the college in a separate fund and that the records of all transactions involving the use of such fund shall be open to inspection by the Secretary; and

(c) to pay to the United States any amount determined by the Secretary to be payable to the United States under section 3 of this Act. SEC. 3. If the Secretary finds, after notice and opportunity for a hearing, that any of the proceeds from the sale, lease, or other disposition of the lands conveyed to the college by such deeds were used by it for any purpose other than one of the purposes enumerated in section 2 (a), the college shall be liable to pay to the Secretary, for deposit in the Treasury of the United States, an amount equal to the amount which the Secretary determines was so used. All proceedings under this section shall be held in compliance with the Administrative Procedure Act and the findings and determinations of the Secretary hereunder shall be subject to judicial review in the manner provided in that Act.

[H. R. 4342, 84th Cong., 1st sess. ] A BILL To direct the Secretary of Agriculture to release on behalf of the United States

conditions in two deeds conveying certain submarginal lands to Clemson Agricultural College of South Carolina so as to permit such college, subject to certain conditions, to sell, lease, or otherwise dispose of such lands

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of subsection (c) of section 32 of the Bankhead-Jones Farm Tenant Act, as amended (7 U. S. C. 1011 (c)), the Secretary of Agriculture is authorized and directed, subject to the provisions of this Act, to release on behalf of the United States the conditions, contained in two deeds, both dated December 22, 1954, conveying certain submarginal lands in Anderson, Oconee, and Pickens Counties, South Carolina, to Clemson Agricultural College of South Carolina, which require that the lands conveyed be used for public purposes and provide for a reversion of such lands to the United States if at any time they cease to be so used.

Sec. 2. The Secretary shall release the conditions referred to in the first section only if the Clemson Agricultural College agrees

(a) that all proceeds from the sale, lease, or other disposition of the lands conveyed to it by such deeds shall be used by it exclusively for one or more of the following purposes : (1) the operation, development, or improvement of any of the lands not sold, leased, or disposed of by the college, (2) the development and advancement of agriculture, or (3) general research;

(b) that all proceeds received from the sale, lease, or other disposition of such lands shall be maintained by the college in a separate fund and that records of all transactions involving the use of such fund shall be open to inspection by the Secretary; and

(c) to pay to the United States any amount determined by the Secretary to be payable to the United States under section 3 of this Act. SEC. 3. If the Secretary finds, after notice and opportunity for a hearing, that any of the proceeds from the sale, lease, or other disposition of the lands conveyed to the college by such deeds were used by it for any purpose other than one of the purposes enumerated in section 2 (a), the college shall be liable to pay to the Secretary, for deposit in the Treasury of the United States, in amount ual to the amount which the Secretary determines was so used. All proceedings under this section shall be held in compliance with the Administrative Procedure Act and the findings and determinations of the Secretary hereunder shall be subject to judicial review in the manner provided in that Act.

[H. R. 4347, 84th Cong., 1st sess.) A BILL To direct the Secretary of Agriculture to release on behalf of the United States

conditions in two deeds conveying certain submarginal lands to Clemson Agricultural College of South Carolina so as to permit such college, subject to certain conditions, to sell, lease, or otherwise dispose of such lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions of subsection (c) of section 32 of the Bankhead-Jones Farm Tenant Act, as amended (7 U. S. C. 1011 (c)), the Secretary of Agriculture is authorized and directed, subject to the provisions of this Act, to release on behalf of the United States the conditions, contained in two deeds, both dated December 22, 1954, conveying certain submarginal lands in Anderson, Oconee, and Pickens Counties, South Carolina, to Clemson Agricultural College of South Carolina, which require that the lands conveyed be used for public purposes and provide for a reversion of such lands to the United States if at any time they cease to be so used.

SEC. 2. The Secretary shall release the conditions referred to in the first section only if the Clemson Agricultural College agrees

(a) that all proceeds from the sale, lease, or other disposition of the lands conveyed to it by such deeds shall be used by it exclusively for one or more of the following purposes : (1) the operation, development, or improvement of any of the lands not sold, leased, or disposed of by the college, (2) the development and advancement of agriculture, or (3) general research;

(b) that all proceeds received from the sale, lease, or other disposition of such lands shall be maintained by the college in a separate fund and that the records of all transactions involving the use of such fund shall be open to inspection by the Secretary; and

(c) to pay to the United States any amount determined by the Secretary to be payable to the United States under section 3 of this Act. SEC. 3. If the Secretary finds, after notice and opportunity for a hearing, that any of the proceeds from the sale, lease, or other disposition of the lands conveyed to the college by such deeds were used by it for any purpose other than one of the purposes enumerated in section 2 (a), the college shall be liable to pay to the Secretary, for deposit in the Treasury of the United States, an amount equal to the amount which the Secretary determines was so used. All proceedings under this section shall be held in compliance with the Administrative Procedures Act and the findings and determinations of the Secretary hereunder shall be subject to judicial review in the manner provided in that Act.

[H, R. 4398, 84th Cong., 1st sess. ] A BILL To direct the Secretary of Agriculture to release on behalf of the United States

conditions in two deeds conveying certain submarginal lands to Clemson Agricultural College of South Carolina so as to permit such college, subject to certain conditions, to sell, lease, or otherwise dispose of such lands

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions of subsection (c) of section 32 of the Bankhead-Jones Farm Tenant Act, as amended (7 U. S. C. 1011 (c)), the Secretary of Agriculture is authorized and directed, subject to the provisions of this Act, to release on behalf of the United States the conditions, contained in two deeds, both dated December 22, 1954, conveying certain submarginal lands in Anderson, Oconee, and Pickens Counties, South Carolina, to Clemson Agricultural College of South Carolina, which require that

67427562

the lands conveyed be used for public purposes and provide for a reversion of such lands to the United States if at any time they cease to be so used.

SEC. 2. The Secretary shall release the conditions referred to in the first section only if the Clemson Agricultural College agrees

(a) that all proceds from the sale, lease, or other disposition of the lands conveyed to it by such deeds shall be used by it exclusively for one or more of the following purposes : (1) the operation, development, or improvement of any of the lands not sold, leased, or disposed of by the college, (2) the development and advancement of agriculture, or (3) general research;

(b) that all proceeds received from the sale, lease, or other disposition of such lands shall be maintained by the college in a separate fund and that the records of all transactions involving the use of such fund shall be open to inspection by the Secretary; and

(c) to pay to the United States any amount determined by the Secretary to be payable to the United States under section 3 of this Act. SEC. 3. If the Secretary finds, after notice and opportunity for a hearing, that any of the proceeds from the sale, lease, or other disposition of the lands conveyed to the college by such deeds were used by it for any purpose other than one of the purposes enumerated in section 2 (a), the college shall be liable to pay to the Secretary, for deposit in the Treasury of the United States, an amount equal to the amount which the Secretary determines was so used. All proceedings under this section shall be held in compliance with the Administrative Procedure Act and the findings and determinations of the Secretary hereunder shall be subject to judicial review in the manner provided in that Act.

[H. R. 4465, 84th Cong., 1st sess. ] A BILL To direct the Secretary of Agriculture to release on behalf of the United States

conditions in two deeds conveying certain submarginal lands to Clemson Agricultural College of South Carolina so as to permit such college, subject to certain conditions, to sell, lease, or otherwise dispose of such lands

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions of subsection (c) of section 32 of the Bankhead-Jones Farm Tenant Act, as amended (7. U. S. C. 1011 (c)), the Secretary of Agriculture is authorized and directed, subject to the provisions of this Act, to release on behalf of the United States the conditions, continued in two deeds, both dated December 22, 1954, conveying certain submarginal lands in Anderson, Oconee, and Pickens Counties, South Carolina, to Clemson Agricultural College of South Carolina, which require that the lands conveyed be used for public purposes and provide for a reversion of such lands to the United States if at any time they cease to be so used.

SEC. 2. The Secretary shall release the conditions referred to in the first section only if the Clemson Agricultural College agrees

(a) that all proceeds from the sale, lease, or other disposition of the lands conveyed to it by such deeds shall be used by it exclusively for one or more of the following purposes : (1) the operation, development, or improvement of any of the lands not sold, leased, or disposed of by the college, (2) the development and advancement of agriculture, or (3) general research;

(b) that all proceeds received from the sale, lease, or other disposition of such lands shall be maintained by the college in a separate fund and that the records of all transactions involving the use of such fund shall be open to inspection by the Secretary; and

(c) to pay to the United States any amount determined by the Secretary to be apayable to the United States under section 3 of this Act. SEC. 3. If the Secretary finds, after notice and opportunity for a hearing, that any of the proceeds from the sale, lease, or other disposition of the lands conveyed to the college by such deeds were used by it for any purpose other than one of the purposes enumerated in section 2 (a), the college shall be liable to pay to the Secretary, for deposit in the Treasury of the United States, an amount equal to the amount which the Secretary determines was so used. All proceedings under this section shall be held in compliance with the Administrative Procedure Act and the findings and determinations of the Secretary hereunder shall be subject to judicial review in the manner provided in that Act.

Mr. PoAGE. Congressman Dorn, we will be glad to hear from you.

STATEMENT OF HON. W. J. BRYAN DORN, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF SOUTH CAROLINA

Mr. DORN. As you well know, I am appearing here in behalf of one

I of these bills. My bill happens to be H. R. 4280, I think all of the members of the South Carolina delegation introduced similar bills, and it has been introduced on the Senate side.

I want to be very brief, Mr. Chairman, but I would like to outline for you for just a moment some of the things that Clemson College is doing and has done for South Carolina and for the Nation.

Clemson is the largest college in South Carolina. It is a mechanical and agricultural engineering college and military college. It is a landgrant college and it is where all of the extension service is located and it is doing a wonderful job for the people of that area of the country.

In 1934 or 1935, in the depression, the Government bought up some marginal land in that immediate vicinity of Clemson College about 27,000 acres. They bought this land for anywhere from $3 to $5 an acre. The land was not fit for anything else. It was washing away. It was in that hill country on the Seneca

River and erosion was taking its toll so that the Government bought about 27,000 acres.

Clemson was more or less put in custody of the land because it was close by, but they did not have authority to do anything much with it.

During the war, some of the land was used for bomb range and things of that nature, but since the war it was leased to Clemson College by the Department of Agriculture for 99 years. Clemson, when they obtained this 99-year lease, started research there on some of the land in

grass, cattle, and irrigation, but as you can well imagine, it was a limited field for the college to work in. They did not have the funds, and one thing, of course, that held them up was that under the terms of the lease the Department of Agriculture had the authority to take back the land at any time they saw fit. Therefore, Clemson did not feel in a position to go ahead and develop this land as it should have been developed but they did do something in grass and trees and cattle and irrigation.

Then during this administration, Secretary Benson discontinued this 99-year lease and by Executive order turned this land over to Clemson under certain conditions, 27,000 acres.

That is the status of the situation at the present time. It has been turned over to Clemson College by the Department of Agriculure, by Executive order, for them to do anything they want to with it under certain conditions as stipulated by the Department of Agriculture.

This bill will permit Clemson to buy land in the outlying area and exchange it for some of this marginal land, this 27,000 acres, to swap or trade or buy some more in order to make the land contiguous, one body, so that they can handle it.

As it is, some of it is miles and miles away from the college and it is difficult for them to control all of this 27,000 acres under the present setup.

So that is the purpose of this bill: To empower Clemson to buy this land in closer to the college in one contiguous mass of land so that they can develop it as it should be developed.

In order to do that, they are asking permission to sell part of it and buy some other smaller tracts closer to the college owned by individuals.

« PreviousContinue »