Owners of land in Monroe County who attempted to mortgage their land to the Government, or sell it and guarantee perfect title, took advantage of the act of February 16, 1929, during the 5 years it was in force. Other landowners who had no occasion to investigate the title to the land-which they presumed they cwneddid not get the benefits of the act of February 16, 1929. The proof before the committee was to the effect that there landowners who had occupied and cultivated this land for generations could not be convinced that they did not own the land and, therefore, that this was one of the reasons why all of them did not come in under the law and pay $1.25 an acre and the cost of making the showing to the Department of the Interior required by the law. The committee was advised by a representative of the Department of the Interior that 5 persons have made application to secure patents to their land and in compliance with the instructions of the Department have filed application under the act of December 22, 1928 (45 Stat. 1069). Only one of these cases has reached the point of final decision before the Department. That is the case of Mrs. Anna Nickel (G. L. O. 07054), a widow, who is the owner, as she presumed, of 54.58 acres of land, her title originating in these French claims and for which no patent has ever been issued by the Government. Mrs. Nickel complied with the act of December 22, 1928, in every particular and pursued the course laid down by the Interior Department to a conclusion. The Department of the Interior under date of November 4, 1939, advised the attorney for Mrs. Nickel fully in the premises and concluded as follows: "From the evidence presented it is believed that the applicant has made a sufficient showing to entitle her to a preference right to purchase the land applied for under the act of December 22, 1928. The lots have been appraised at the rate of $30 per acre, making a total appraised price for the two lots of $1,641.60. "The applicant is hereby allowed 30 days from receipt of notice hereof within which to deposit the price of the land in this office, failing in which, or of other action or appeal, she will forfeit her right to the land under this application." It will be observed that the Department ordered this woman to pay $1,641.60 to the Government within 30 days, or be foreclosed from even taking advantage of the act of December 22, 1928. The Department, however, has considerately granted a stay to Mrs. Nickel pending the outcome of this proposed legislation. In these circumstances the Representative in Congress from the district in which this land is situated appealed to the Department of the Interior and, after conferences with the Department, introduced the bill H. R. 7736. The chairman of the committee thereupon requested a report from the Department of the Interior on this bill and that report is as follows: Hon. RENÉ L. DEROUEN, Chairman, Committee on the Public Lands, INTERIOR DEPARTMENT, Washington, February 17, 1940. House of Representatives. MY DEAR MR. DEROUEN: I have received your request of January 15 for a report on H. R. 7736, Seventy-sixth Congress, entitled "A bill authorizing the Secretary of the Interior to issue patents for lands held under color of title," in Michigan. I recommend that the proposed legislation be not enacted. The bill provides that persons holding public lands in Michigan under color of title may secure patents therefor upon the payment of $1.25 per acre. It was apparently introduced on behalf of five persons who claim to be the present owners of certain public lands in Monroe County, Mich. There is now in effect the act of December 22, 1928 (45 Stat. 1069), commonly known as the Color of Title Act. This act provides for the sale of public lands in any part of the country at an appraised price of not less than $1.25 per acre. The general Color of Title Act is similar to the proposed bill except that the proposed bill provides for a uniform price of $1.25 per acre for all cases in Michigan. Any person would be able to acquire title under the general act on the same showing as would be necessary under the proposed act. The proposed act is, therefore, not considered necessary. Furthermore, it seems to be a discrimination to allow persons in Michigan to pay a flat rate of $1.25 per acre while persons in other parts of the country, with equally meritorious claims, must pay an appraised price of not less than $1.25 per acre. The Director of the Bureau of the Budget has advised me that there is no objection to the presentation of this report. Sincerely yours, A. J. WIRTZ, Acting Secretary of the Interior. Hearings were held before the committee and a representative from the Department appeared and explained the position of the Department. The committee is of the opinion that the bill should be enacted because: 1. The Federal Government is not asserting title to these "lost lands" to be affected by this legislation. 2. These small tracts of land dotting different farms throughout Monroe County are parts of parcels that have been claimed, occupied, improved, and on which the present occupants and their predecessors in title have paid taxes for more than 100 years. In short, these occupants presumed that they were the owners of said lands during all this time and in this belief the Government apparently supported them, or at least in no way questioned their title. 3. The apparent cause of the present title difficulty is undoubtedly due to an oversight on the part of the original claimants in that they failed to properly describe the land assigned to them by the Government and to file the formal proof in the proper land office, and this more than 100 years ago. 4. It would seem inequitable and unjust to compel occupants of the land like the Widow Nickels to pay $30 an acre at this time in order to secure patents from the Government. 5. The act of December 22, 1928 (45 Stat. 1069), referred to in the recent letter from the Department of the Interior contemplates the purchase from the Government of land throughout the United States where the conditions are such, and the equities are such, that a present appraisement of the land will do justice to the Government and to the citizen. 6. The enactment of this law follows a precedent rather than establishing one. As a practical matter this bill places upon the statute books no new law, but does revive the act of February 16, 1929, for a period of 5 years. о 76TH CONGRESS 3d Session } SENATE { REPORT No. 1748 LEASING CERTAIN OF THE PUBLIC LANDS TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FOR THE EXTRACTION OF SODIUM CHLORIDE JUNE 3 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. ADAMS, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany H. R. 6831] The Senate Committee on Public Lands and Surveys, to whom was referred the bill (H. R. 6831) to authorize the Secretary of the Interior to lease certain of the public lands to the Metropolitan Water District of Southern California for the extraction of sodium chloride for waterconditioning purposes, having considered the same report, favorably thereon with the following amendment and with the recommendation that the bill, as amended, do pass: Page 2, line 1, after the word "sodium" insert the word "solely". Page 2, line 2, strike out the word "purposes." and insert the following: purposes: Provided, That nothing in this act shall be construed to empower the said district to produce sodium chloride or any other valuable deposit in said lands for commercial purposes. Facts concerning this proposed measure are contained in the report of the Secretary of the Interior to the chairman of the Committee on the Public Lands of the House of Representatives, which report is herein below set forth in full and made a part of this report.. Hon. RENÉ L. DEROUEN, DEPARTMENT OF THE INTERIOR, Chairman, Committee on the Public Lands, House of Representatives. MY DEAR MR. DEROUEN: My letter of June 17, you submitted for a report a copy of H. R. 6831 entitled, "A bill to authorize the Secretary of the Interior to lease certain of the public lands to the Metropolitan Water District of Southern California for the extraction of sodium chloride for water-conditioning purposes." I have no objection to the enactment of this bill. Under the provisions of the act of February 25, 1920 (41 Stat. 437), as amended by the act of December 11, 1928 (45 Stat. 1019), the Secretary of the Interior is authorized to grant permits to prospect for chlorides and other salts of sodium and to lease lands containing such deposits owned by the United States, to citizens of the United States or associations of such citizens or corporations organized under the laws of the United States, or any State or Territory thereof. By the terms of the bill the Metropolitan Water District of Southern California would be qualified to take and hold permits and leases of sodium deposits, but only for the extraction of sodium chloride for water-conditioning purposes. It would thus be afforded opportunity to secure the sodium chloride it may need for such purposes at the cost of mining the same plus the rents and royalties payable to the United States required to be paid under the leasing law. The Director of the Bureau of the Budget has advised me that there is no objection to the presentation of this report. Sincerely yours, JUNE 3 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. ADAMS, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany H. R. 9274] The Senate Committee on Public Lands and Surveys, to whom was referred the bill (H. R. 9274) to amend the act entitled "An act to provide for the establishment of the Cape Hatteras National Seashore in the State of North Carolina, and for other purposes,' approved August 17, 1937 (50 Stat. 669), having considered the same, report favorably thereon without amendment and with the recommendation that the bill do pass. Further facts concerning this proposed measure are contained in the letter of the Secretary of the Interior to the chairman of the Committee on the Public Lands of the House of Representatives which is hereinbelow set forth in full and made a part of this report. Hon. RENÉ L. DEROUEN, DEPARTMENT OF THE INTERIOR, Chairman, Committee on the Public Lands, House of Representatives. MY DEAR MR. CHAIRMAN: Further reference is made to your request for the views of this Department on H. R. 9274, entitled "A bill to amend the act entitled 'An act to provide for the establishment of the Cape Hatteras National Seashore in the State of North Carolina, and for other purposes,' approved August 17, 1937 (50 Stat. 669)." I recommend that H. R. 9274 be enacted. The proposed legislation would amend the Cape Hatteras National Seashore Act of August 17, 1937, in two particulars: First, by permitting hunting within certain portions of the Federal area to be established at Cape Hatteras; and, second, by redesignating the area to be established as the Cape Hatteras National Seashore recreational area. Since enactment of the legislation authorizing establishment of the Cape Hatteras National Seashore, it has been brought to the attention of this Department that there is considerable sentiment for the continuance of hunting in the Federal area authorized to be established at Cape Hatteras. Limited use of the area for |