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71ST CONGRESS

SENATE

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REPORT No. 841

BRIDGE ACROSS THE MISSOURI RIVER, NEBRASKA CITY,

NEBR.

May 29 (calendar day, JUNE 5), 1930.-Ordered to be printed

Mr. HOWELL, from the Committee on Commerce, submitted the

following

REPORT

(To accompany S. 4583)

The Committee on Commerce, to whom was referred the bill (S. 4583) to amend the act entitled "An act authorizing the construction of a bridge across the Missouri River opposite to or within the corporate limits of Nebraska City, Nebr.," approved June 4, 1872, having considered the same, report favorably thereon, and recommend that the bill do pass without amendment.

The bill has the approval of the Departments of War and Agriculture as will appear by the annexed communication.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., June 4, 1930 Hon. Hiram W. JOHNSON, Chairman Committee on Commerce,

United States Senate. DEAR SENATOR: Receipt is acknowledged of your letter of May 27, transmitting a copy of a bill (. 4583) with request that the committee be furnished with such suggestions touching its merits and the propriety of its passage as the department might deem appropriate.

This bill would amend section 1 of the act of June 4, 1872, which authorized the construction of a bridge across the Missouri River opposite to or within the corporate limits of Nebraska City, Nebr., such amendment to be effective upon the construction and opening for highway use of a bridge across the Missouri River at or near Nebraska City authorized by act approved April 23, 1928, to be built by the Interstate Bridge Co., its successors and assigns. The effect of the amendment is that upon the completion of the construction and opening of a bridge for highway use under the act of April 23, 1928, the present owner of the bridge constructed under the act of June 4, 1872, shall be relieved of further obligation to maintain the same except for railroad use. The proposed amendment is without objection so far as this department is concerned. Sincerely,

R. W. DUNLAP, Acting Secretary.

WAR DEPARTMENT,

Washington, June 2, 1980. Respectfully returned to the chairman Committee on Commerce, United States Senate.

So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration of the accompanying bill, S. 4583, Seventy-first Congress, second session, to amend the act entitled' "An act authorizing the construction of a bridge across the Missouri River opposite to or within the corporate limits of Nebraska City, Nebr.,” approved June 4, 1872.

F. TRUBEE DAVISON,

Acting Secretary of War. O

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May 29 (calendar day, JUNE 6), 1930.—Ordered to be printed

Mr. Smoot, from the Committee on Public Lands and Surveys,

submitted the following

REPORT

[To accompany H. R. 3203)

The Committee on Public Lands and Surveys, to whom was referred the bill (H. R. 3203) to authorize the city of Salina and the town of Redmond, State of Utah, to secure adequate supplies of water for municipal and domestic purposes through the development of subterranean water on certain public lands within said State, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

The facts are fully set forth in the report of the House Committee on the Public Lands (H. Rept. No. 764, 71st Cong., 2d sess.), which is appended hereto and made a part of this report, as follows:

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(House Report No. 764, Seventy-first Congress, second session) The Committee on the Public Lands, to whom was referred the bill (H. R. 3203) to authorize the city of Salina and the town of Redmond, State of Utah, to secure adequate supplies of water for municipal and domestic purposes through the development of subterranean water on certain public lands within said State, having considered the same, report it to the House favorably and recommend that it do pass with the following amendments:

Page 2, line after the word "are”, insert a comma and the following: “subject to any valid existing rights initiated under the public land laws” and another

Page 2, line 10, after the word “operations”, strike out the period and insert a colon and the following:

Provided, That the operations hereby authorized shall be commenced within five years from the date of this act: Provided further, That the lands hereby withdrawn shall be used for the purposes herein indicated and if the said lands shall cease to be so used, said lands shall revert to the status occupied prior to the date of this act.”

The information before the committee discloses that the city of Salina and the town of Redmond, State of Utah, are unable to secure adequate supplies of water for domestic purposes from any known source. This legislation, if enacted, would permit them to drill for water on the lands described in the hopes of developing an adequate water supply and protecting them in the use after the water is found

Communications from the Secretary of the Interior and the Secretary of Agriculture are herein set out in full for the information of the House.

DEPARTMENT OF THE INTERIOR,

Washington, February 8, 1930. Hon. Don B. COLTON, Chairman Committee on Public Lands,

House of Representatives. MY DEAR MR. CHAIRMAN: There is transmitted herewith, in response to your request of January 7, for an opinion as to the merits of H. R. 3203, a memorandum subinitted by the Commissioner of the General Land Office. After a review of the situation, I am in agreement with Commissioner Moore in his favorable report upon the bill. Very truly yours,

Ray LYMAN WILBUR, Secretary.

GENERAL LAND OFFICE,

Washington, January 15, 1930. Memorandum for the Secretary.

H. R. 3203 proposes to withdraw certain public land described therein and permit the city of Salina and the town of Redmond, Utah, to conduct drilling operations to secure water and make other necessary use of the land for the storage and transportation of water derived from such drilling operations.

It is thought that the bill should be amended by inserting a time limit for carrying out the operations mentioned and by making provision for the restoration of the land if it should not be used for the purpose for which it was withdrawn.

The land mentioned in T. 21 S., R. 2 E., is unsurveyed and as there may be existing claims not known to this office to all or part of said land, it is suggested that the withdrawal should be made subject to any valid existing rights initiated under the public land laws.

The land is within the Manti National Forest, having been withdrawn by orders issued in 1903 and 1912. For this reason it is suggested that further report should be secured from the Department of Agriculture.

C. C. MOORE, Commissioner.

JANUARY 21, 1930. Hon. Don B. COLTON, Chairman Committee on the Public Lands,

House of Representatives. DEAR MR. COLTON: Reference is made to your letter of January 13, inclosing copy of H. R. 3203, a bill to authorize the city of Salina and the town of Redmond, State of Utah, to secure adequate supplies of water for municipal and domestic purposes through the development of subterranean water on certain public lands within said State, and asking for a report thereon.

The proposed legislation would withdraw from all forms of entry and appropriation under the land laws of the United States certain described lands aggregating 1,240 acres lying within the boundaries of the Fishlake National Forest, State of Utah, which lands may be used by the towns of Salina and Redmond in developing a supply of water for domestic and municipal uses. It is understood that an adequate supply of surface water can not be obtained for the needs of these towns and that they, therefore, contemplate the driving of wells from which an artificial flow is hoped to be obtained. The towns are interested in protecting any water supply which they may secure in the manner proposed. The use of the national forest lands in question for this purpose is recognized as one of the highest uses to which they can be put. The obtaining of water for the needs of these two municipalities is a matter of highest importance to the communities. This department knows of no reason why any objection should be made to the proposed use of these national forest lands, and, therefore, recommends that favorable consideration be given to H. R. 3203.

The enactment of the legislation would not impose any financial burden on the department. Sincerely yours,

R. W. DUNLAP, Acting Secretary. O

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SENATE

71st CONGRESS

ad Session

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REPORT No. 844

AUTHORIZING SECRETARY OF INTERIOR TO ISSUE PATENTS FOR LANDS HELD UNDER COLOR OF TITLE

MAY 29 (calendar day, JUNE 6), 1930.-Ordered to be printed

Mr. BRATTON, from the Committee on Public Lands and Surveys,

submitted the following

REPORT

[To accompany S. 4308]

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The Committee on Public Lands and Surveys, to whom was referred the bill, S. 4308, having considered the same, report favorably thereon with recommendation that it pass with the following amendments:

On page 1, line 5, strike out the words "not known to be mineral”. On page 2, line 9, after the colon, insert the following:

Provided further, That coal and all other minerals contained therein are hereby reserved to the United States; that said coal and other minerals shall be subject to sale or disposal by the United States under applicable leasing and mineral land laws, and permittees, lessees, or grantees of the United States shall have the right to enter upon said lands for the purpose of prospecting for and mining such deposits:

The bill, as introduced, is identical with the act approved June 8, 1926. It authorizes the Secretary of the Interior to issue a patent or patents to a tract or tracts of public land in the State of New Mexico, not exceeding in the aggregate 160 acres, in cases where such land has been held in good faith, and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than 20 years under claim or color of title, upon which valuable improvements have been placed and/or some part thereof has been reduced to cultivation, such patent or patents to issue upon payment of $1.25 per acre. The bill, as thus amended, reserves all minerals to the United States.

Upon the enactment of the act approved June 8, 1926, many holders of small claims in New Mexico, under color of title, proceeded to submit proof in quest of patent. Some completed their proofs and secured patents. Others were in process of so doing, when the general act approved December 22, 1928, became a law. The Secretary of the Interior held that such general law repealed, by implication, the special act applicable to New Mexico, and thus declined to issue further patents at the price of $1.25 per acre, but exacted payment

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