CONVEYING CERTAIN LANDS TO THE STATE OF ALABAMA FOR VOCATIONAL OR OTHER EDUCATIONAL USES DECEMBER 11, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. Yon, from the Committee on the Public Lands, submitted the following REPORT [To accompany H. R. 12094] The Committee on the Public Lands, to whom was referred the bill (H. R. 12094) to provide for conveyance of certain lands in the State of Alabama to vocational or other educational uses, rather than to park or game-preserve purposes, or to dispose of the lands upon condition that they shall be used for educational purposes only, having considered the same, recommend that it do pass with the following amendments: Page 2, line 20, after the word "States," strike out the period and in lieu thereof insert a colon and the following: Provided, That there shall be reserved to the United States all gas, oil, coal, or other mineral deposits found at any time in the said lands and the right to prospect for, mine, and remove the same: Provided further, That there is expressly reserved to the United States, its permittees or licensees, the right to enter upon. take or use any or all of said lands for power purposes in accordance with the terms and conditions of section 24 of the Federal Water power act (41 Stat. 1063). SEC. 2. The act entitled "An act to provide for conveyance of certain lands in the State of Alabama for State park and game preserve purposes," approved February 17, 1927, is hereby repealed. Amend the title so as to read: A bill to provide for conveyance of certain lands in the State of Alabama to vocational or other educational uses or to dispose of the lands upon condition that they shall be used for such purposes. In compliance with paragraph 2 (a), of Rule XIII of the Rules of the House of Representatives, existing law proposed to be repealed by the bill is shown below. An act entitled "An act to provide for conveyance of certain lands in the State of Alabama lor State park and game preserve purposes," approved February 17, 1927 (44 Stat. 1104) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby author ized and directed upon payment of $1.25 per acre to transfer and convey to the State of Alabama subject to valid existing rights, including rights heretofore granted to Henry T. Henderson and associates by act of Congress approved June 30, 1906, the following described parcels of land: In township 8 south, range 9 east, Huntsville meridian, lots 1, 2, 3, and 4, section 1, lots 1, 2, and 3, section 2, lots 1 and 2, section 10, lots 1, 2, 3, 4, 5, and 6, section 11, lot 1, section 12, lots 1, 2, and 3, section 14, lots 1, 2, 3, and 4, section 15, lots 1, 2, 3, and 4, section 22, lots 1, 2, 3, and 4, section 23, lots 1 and 2, section 26, east half northeast quarter, lots 1, 2, 3, 4, and 5, section 27, lot 1, section 28, lots 1, 2, 3, and 4, section 33, and lots 1 and 2, section 34, containing one thousand six hundred and twenty-five and nineteen one-hundredths acres more or less, the same to be held and made available permanently by said State as a State park and game preserve under such rules and regulations as may be necessary and proper for use thereof by the public: Provided, That should the State of Alabama fail to keep and hold the said land for park and game preserve purposes or devote it to any use inconsistent with said purposes, then at the option of the Secretary of the Interior, after due notice to said State and such proceeding as he shall determine, title to said land shall revert to and be reinvested in the United States: Provided further That there shall be reserved to the United States all gas, oil, coal, or other mineral deposits found at any time in the said lands and the right to prospect for, mine, and remove the same. SEC. 2. There is expressly reserved to the United States, its permittees or licensees, the right to enter upon, take or use any or all of said lands for power purposes in accordance with the terms and conditions of section 24 of the Federal water power act (41 Stat. 1063). The bill conveys to the State of Alabama the same lands as granted to that State under the act of February 17, 1927. This measure repeals the act of February 17, 1927, and grants to the State of Alabama these lands to vocational and other educational uses. The reason for this legislation is more fully explained in a letter addressed to the chairman of the Public Lands Committee of the House of Representatives, under date of June 18, 1930, from the Secretary of the Interior inclosing a memorandum from the Commissioner of the General Land Office. This letter and memorandum are herein set out in full for the information of the House. Hon. DoN B. COLTON, DEPARTMENT OF THE INTERIOR, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. CHAIRMAN: With further reference to your request of June 4 for a report on H. R. 12094, to provide for conveyance of certain lands in the State of Alabama to vocational or other educational uses, etc., there is transmitted herewith a memorandum from the Commissioner of the General Land Office. After a review of the proposed measure I agree with Commissioner Moore Very truly yours, RAY LYMAN WILBUR Secretary. DEPARTMENT OF THE INTERIOR, Memorandum for the Secretary: The land described in H. R. 12094 is situated in the northeastern part of Alabama in a gorge of Little River known locally as Mays Gulf. It is reported as valuable for water power development, and appears to be coal in character. The act of February 17, 1927 (44 Stat. 1104), provided for the acquisition of the identical tracts by the State of Alabama for park and game refuge purposes. Prior to the approval of the aforesaid act of February 17, 1927, the entire area had been withdrawn for power-site purposes and also for classification and in aid of legislation. You were advised by letter of April 15, 1930, from Representative Miles C. Allgood, that the State of Alabama refused to buy the lands in Mays Gulf for park purposes, but that plans were being considered to devote the lands to vocational and other educational purposes rather than park uses. You advised the Representative that there was no objection to the enactment of a law which would permit the State of Alabama after purchase to devote the area described in the said act to vocational or other educational uses, and suggested that this purpose might be accomplished by amending the act of February 17, 1927. The bill under consideration is evidently intended to amend the act of February 17, 1927. There is nothing, however, to indicate such intention except the title of the bill, and it is doubtful whether if enacted the bill would repeal the act of February 17, 1927, or merely provide another means through which the State of Alabama could acquire title to the lands. Moreover, the act of February 17, 1927, contained a proviso "That there shall be reserved to the United States all gas, oil, coal, or other mineral deposits found at any time within the said lands, and the right to prospect for, mine, and remove the same;" and section 2 of the said act expressly reserved "to the United States, its permittees or licensees, the right to enter upon, take, or use any or all of said lands for power purposes in accordance with the terms and conditions of section 24 of the Federal water power act (41 Stat. 1063)." Both the proviso and the second section of the act of February 17, 1927, above mentioned, are omitted from the bill. If it is the purpose to provide a second act under which the land may be acquired without repealing the first act, it is suggested that the following words in the title be omitted from the bill: "Rather than to park or game preserve purposes. If, however, it is the purpose to substitute a new law in lieu of the act of February 17, 1927, the bill should be changed so as to expressly amend said act. At While I see no objection whatever to the enactment of legislation which would permit the State to devote the lands to vocational or other educational purposes instead of park uses, it should be made certain whether the bill is intended as a substitute for the act of February 17, 1927, or as an independent measure. any event the bill should not be enacted unless it contains the proviso carried in the act of February 17, 1927, and the section 2 of said act herein before mentioned. C. C. MOORE, Commissioner. O 3d Session No. 2095 NEEDLES ROCKS WILD LIFE REFUGE DECEMBER 11, 1930.-Referred to the House Calendar and ordered to be printed Mr. ARENTZ, from the Committee on Indian Affairs, submitted the following REPORT [To accompany H. R. 13276] The Committee on Indian Affairs, to whom was referred the bill (H. R. 13276) to establish the Needles Rocks Wild Life Refuge, having considered the same, report thereon with a recommendation that it do pass without amendment. This measure authorizes the establishment of the Needles Rocks Wild Life Refuge, reserving the lands described for the use of the Department of Agriculture as a refuge and breeding ground for birds. The proposed reservation is composed of a group of barren rock formations, located in Pyramid Lake, from whose surface they project. At present the "Needles" are extensively used for nesting purposes by certain species of wild birds. As Pyramid Lake is located within the Pyramid Lake Indian Reservation, the matter was taken up with the Interior Department, and a report was received to the effect that the "Needles" are not used by the Indians in any way, and that the Interior Department has no objections to the proposed plan of setting the islands aside for bird. refuge purposes. The situation is clearly set forth in the following letter received from the acting Secretary of Agriculture: Hon. SCOTT Leavitt, Chairman Committee on Indian Affairs, House of Representatives. JUNE 26, 1930. DEAR MR. LEAVITT. I am inclosing for the consideration of your committee draft of proposed bill to establish the Needles Rocks Wild Life Reservation. This proposed reservtion is located in Pyramid Lake, within the Pyramid Lake Indian Reservation, Nev. These so-called "Needles" are a group of rock formations, incapable of being surveyed, which project above the water level of Pyramid Lake and are extensively used for nesting purposes by certain species of wild birds. The group comprises some 8 or 10 such areas. |