[H. Rept. No. 689, 83d Cong., 1st sess.] The purpose of this bill is to quiet title to approximately 208 acres of land in Plumas County, Calif., in the claimant, C. A. Lundy. No expenditure of Federal funds would result from its enactment. In May 1877, the United States issued a patent under the mining laws of the Mammoth Gold Mining Co. for some 252.95 acres of land, including 208. 19 acres to which Mr. Lundy now wishes to quiet title. Mr. Lundy is the successor in interest to the Mammoth Gold Mining Co. Since obtaining what he believed to be clear title to the property in 1931, he has remained in continuous possession, operated, built on, leased, and sold parts of it, and paid taxes thereon under the laws of California. Mr. Lundy's difficulties arise from challenges to the title of his predecessors in interest by other private parties. Subsequent to issuance of patent to the Mammoth Gold Mining Co in 1877, ownership of the Mammoth quartz mine was the subject of court decisions. In Lakin v. Dolly and Lakin v. Roberts (53 Fed. 333 (1891) and 54 Fed. 461 (1893)) the courts dismissed an action of ejectment against certain persons who had settled on particular lands within the patented area which were part of the town of Johnsville, Calif. The court held that the patent was "absolutely null and void as to the excess over 300 feet and can be collaterally attacked in a court of law." This limitation reduces the mining claim to about 17 acres in area. The lands which are sought by Mr. Lundy under H. R. 2779 cover that area beyond the 300-foot limit within the mining claim as described in the patent of May 18, 1877, with the exception of the lands within the town of Johnsville. Mr. Lundy, in good faith and in reliance upon his ownership and that of his predecessors in interest for nearly 75 years, has spent approximately $250,000 of his own money, together with his time and effort, in improving this property. committee unanimously recommends the enactment of H. R. 2779. The The favorable reports of the Department of Agriculture and the Department of the Interior are set forth below in full and further explain the purpose of the proposed legislation. DEPARTMENT OF AGRICULTURE, Hon. A. L. MILLER, Chairman, Committee on Interior and Insular Affairs, House of Representatives. DEAR MR. MILLER: This is in reply to your request for a report on H. R. 2779, a bill to provide for perfecting the title of C. A. Lundy to certain lands in the State of California heretofore patented by the United States. This bill would direct the Secretary of the Interior to convey by quitclaim deed to C. A. Lundy, of Blairsden, Calif., all of the right, title, and interest of the United States in and to approximately 208 acres of land in Plumas County, Calif. This land lies within the boundaries of the Plumas National Forest. In May 1877 the United States issued a patent under the mining laws to the Mammoth Gold Mining Co. for some 252.95 acres of land, including 208.19 acres to which Mr. Lundy now wishes to quiet title. The patent included the ESE1⁄4NW4 sec. 24, T. 22 N., R. 11 E., Mount Diablo meridian, but did not include the E1⁄2SENW1⁄4 sec. 23 referred to in the bill. From the records of this Department it appears that Mr Lundy's interest is in the tract covered by the patent; this report is on that premise. The 208 acres appeared upon the records of the Department of the Interior as patented lands at the time the Plumas National Forest was established in 1905, and they still appear that way. As such they would not be considered nationalforest lands, and have not been so administered. Mr. Lundy's difficulties appear to arise out of challenges to the title of his predecessors in interest by other private parties. Subsequent to issuance of patent to the Mammoth Gold Mining Co. in 1877, ownership of the Mammoth quartz mine was the subject of court decisions. Two of these appear to have a direct bearing on Mr. Lundy's title and are the source of his concern: (1) In 1891 in the case of Lakin v. Dolly (53 Fed. 333), the court held that the patent issued to the Mammoth Gold Mining Co. was null and void as to lands in the town of Johnsville; and (2) in an appeal from that decision the United States Circuit Court of Appeals affirmed the earlier decision and, further, said the entire patent, coverwhich ing 252.95 acres, was null and void except as to approximately 17 acres, were the basis for the mining location and patent. Although the question of title to the entire 252.95 acres was not actually before the court, Mr. Lundy feels that the court by its action placed a cloud upon his title as to the 208 acres covered by the bill. Since Mr. Lundy makes no claim to the 27.08 acres in the town of Johnsville and since he seeks no relief as to the 17.68 acres in the lode area, the bill covers only the remaining 208.19 acres of the 252.95 embraced in the patent. This Department's interest in the lands described in H. R. 2779 arises out of the fact that, if the patent is null and void as to the 208 acres claimed, this land would be part of the Plumas National Forest Mr. Lundy has been paying taxes on the property covered by the bill since 1931 when he acquired it. No protest has been made by this Department to any occupancy and use of the land by Mr. Lundy or his predecessors. The Department recognizes the equities supporting Mr. Lundy's claim and favors enactment of legislation which would result in quieting Mr Lundy's title. If the Congress grants relief to Mr. Lundy, the bill should be amended in the following manner to correct the error in description referred to above: Page 2, lines 1 and 2, revise to read: "53 and the east half of the southeast quarter of the northwest quarter of section 24, and lot 12 of section 23". 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 yours, TRUE D. MORSE, Acting Secretary. Hon. A. L. MILLER, DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington 25, D. C., June 26, 1953. Chairman, Committee on Interior and Insular Affairs, House of Representatives, Washington 25, D. C. MY DEAR MR. MILLER: This is in reply to the request of your committee for a report on H. R. 2779, a bill to provide for perfecting the title of C. A. Lundy to certain lands in the State of California heretofore patented by the United States. 8. 923 is the companion bill in the Senate. I have no objection to the enactment of this bill, but suggest a minor correction in the description of the lands affected by the bill. H. R. 2779 would direct the Secretary of the Interior to convey to one C. A. Lundy over 200 acres of public land in secs. 23 and 24, T 22 N., R. 11 E., Mount Diablo meridian, California, in Plumas County. Patent No. 2284 was issued under the United States mining laws for these lands on May 18, 1877, to the Mammoth Gold Mining Co. The patent conveyed a gold-bearing quartz lode mining claim approximately three-quarters of a mile wide, including 252.95 acres of land. Under section 2320 of the Revised Statutes, United States mining laws (30 U. S. C., 1946 edition, sec. 23) lode mining claims are limited to "three hundred feet on each side of the middle of the vein at the surface." In Lakin v. Dolly and Lakin v. Roberts (53 Fed. 333 (1891) and 54 Fed. 461 (1893)) the courts dismissed an action of ejectment against certain persons who had settled on particular lands within the patented area which were part of the town of Johnsville, Calif. The court held that the patent was "absolutely null and void as to the excess over 300 feet and can be collaterally attacked in a court of law." This limitation reduces the mining claim to about 17 acres in area. The lands which are sought by Mr. Lundy under H. R. 2779 cover that area beyond the 300-foot limit within the mining claim as described in the patent of May 18, 1877, with the exception of the lands within the town of Johnsville. Mr. Lundy has submitted a statement to this Department alleging that he did not know of the defect in his title until "the fall of 1951." The general legislation under which relief in such cases may be afforded color-of-title applicants is the act of December 22, 1928 (43 U. S. C., 1946 ed. sec. 1068 et seq.). To meet the requirements of this act the applicant must have cultivated or improve the lands. This Department does not know to what extent Mr. Lundy has improved these lands. There is pending before the Senate, however, a bill, H. R. 1308, to liberalize the provisions of the Color of Title Act so as to authorize the Secretary of the Interior to allow a color-of-title application if supported by evidence of payment of taxes by the claimant and his predecessrs for a period commencing before 1901. No mineral reservation would be required, moreover, if the color-of-title claim commenced before that time. From available information, it would appear that Mr. Lundy could meet with the requirements of that ill. Both the existing Color of Title Act and H. R. 1308 follow the policy of requiring some compensation to the Federal Government. Since $1,265 was actually paid for the 252.95 acres patented, in accordance with the $5 per acre payment required under the United States mining laws, it would appear inequitable to require any further payment. In Of course, if the Congress should act favorably on legislation like li. R. 1308, there would appear to be no need for action on special bills like H. R. 2779. view of Mr. Lundy's equities, however, this Department would not oppose the enactment of this special bill for his relief. H. R. 2779 should be amended to correct the description of the lands covered by the bill by inserting at line 1, page 2. immediately after the number "12" the following: "of section 23,"; and at line 2, page 2, by striking out the number "23," and inserting in lieu thereof the number "24." The Bureau of the Budget has advised that there is no objection to the submission of this report to your committee. Sincerely yours, GRANTING THE CONSENT OF CONGRESS TO THE NEGOTIATION BY THE STATES OF NEBRASKA, WYOMING, AND SOUTH DAKOTA OF CERTAIN COMPACTS WITH RESPECT TO THE USE OF WATERS COMMON TO TWO OR MORE OF SAID STATES JULY 14 (legislative day, JULY 6), 1953.-Ordered to be printed Mr. BUTLER of Nebraska, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany S. 1197] The Committee on Interior and Insular Affairs, to whom was referred the bill (S. 1197) granting the consent of Congress to the negotiation by the States of Nebraska, Wyoming, and South Dakota of certain compacts with respect to the use of waters common to two or more of said States, having considered the same, report favorably thereon with an amendment, and with the recommendation that the bill, as amended, do pass. Page 2, line 15, after the word "Congress.", insert the following: Nothing contained in any compact negotiated under this Act shall be construed as affecting the obligations of the United States of America to Indian tribes. effect PURPOSE OF THE BILL The bill gives consent of the Congress to negotiation of a compact between the States of Nebraska, South Dakota, and Wyoming, to agreement upon the uses of the waters of Niobrara River and tributaries. The bill recognizes that usable waters of the basin include both surface and ground flows, not heretofore a necessary element in most interstate compacts. The participation of a representative of the United States is provided, as is customary, and a time limitation for the authorization is set at 5 years. The committee noted a suggestion by the Interor Department that the bill be amended to include a proviso to protect Indian uses and their rights, and on consideration, agrees that the suggested amendment would not affect adversely the nature of the agreement sought. Further detailed information is carried in the favorable report o the Department of the Interior, July 9, 1953, which report is herein below set forth in full and made a part of this report. Hon. HUGH BUTLER, DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington 25, D. C., July 9, 1953. Chairman, Committee on Interior and Insular Affairs, United States Senate, Washington 25, D C. MY DEAR SENATOR BUTLER: You have requested a report from this Department on S 1197, a bill granting the consent of Congress to the negotiation by the States of Nebraska, Wyoming, and South Dakota of certain compacts with respect to the use of waters common to two or more of said States. This bill is similar in text to a number of other bills dealing with the negotiation of compacts for the equitable apportionment of the waters of interstate streams that have become law over the past 2 or 3 decades. The bill provides, as have similar bills in the past, for the appointment of Federal representatives to participate in the compact negotiations. It also provides that the consent of the Congress to any compact which is arrived at must be had before the compact becomes effective. Although I am not aware of any serious problems existing or likely to arise with respect to the waters covered by the bill-that is, the Niobrara River, Ponca Creek, and ground-water basins common to Nebraska Wyoming, and South Dakota or any two of them-I perceive no objection to the enactment of S. 1197. The only novel feature of S. 1197 is its inclusion of provision for the negotiation of compacts with respect to the development and use of ground-water basins common to the compacting States. I may point out, with respect to this feature of the bill that the process of obtaining adequate basic data essential to the negotiation of a practicable and intelligent ground-water compact is likely to be very time consuming and expensive. Unless such data are already available, which I understand is not the case here, a great deal of time would be required to obtain necessary information. It is not to be expected that the States would negotiate a compact covering ground waters without sound factual information. but in the event they did it is unlikely that this Department could report favorably on the resulting document. I may also point out that it is probable that interested groups will shortly be seeking authorization of certain Federal developments on the Niobrara River. The feasibility of these developments will not depend on the negotiation of a Niobrara compact. It is to be hoped, therefore, that if they are otherwise worthy projects their construction will not be held up pending the negotiation of such an instrument. Should your committee decide to report favorably on S. 1197, I recommend that it be amended to include, at an appropriate point, a sentence along these lines: "Nothing contained in any compact negotiated under this Act shall be construed as affecting the obligations of the United States of America to Indian tribes." Similar language has been rather common in compacts which have been negotiated in the past with respect to waters in which the Indians may have an interest. The presence of such an interest in some of the waters here involved is illustrated by the fact that the Keyapaha River, a tributary of the Niobrara, rises on the Rosebud Indian Reservation in South Dakota and a limited area on the reservation (about 200 acres) has been developed, through use of the waters of the Keyapaha and its tributaries, in garden tracts. The Bureau of the Budget has advised that there is no objection to the submission of this report to your committee. Sincerely yours, FRED G. AANDAHL, Assistant Secretary of the Interior. |