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71st CONGRESS

2d Session

SENATE

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REPORT No. 924

TO AMEND THE FOURTH PROVISO TO SECTION 24 OF

THE IMMIGRATION ACT OF 1917, AS AMENDED

JUNE 16, 1930.---Ordered to be printed

Mr. KEYES (for Mr. GOULD), from the Committee on Immigration,

submitted the following

REPORT

[To accompany H. R. 9803]

The Committee on Immigration, to whom was referred the bill (H. R. 9803) to amend the fourth proviso to section 24 of the immigration act of 1917, as amended, having considered same, report it back to the Senate with amendments and recommends that the bill

do pass.

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On page 1, line 7, after the words "Immigration Service" insert the following words and officers and employees of the Naturalization Bureau and Naturalization Service".

On page 2, line 8, after the words “remains of” insert the words “such officers”. On page 2, line 8, after the words “other employees” strike out

" the words “of the Immigration Service":

The committee believes that the two field services of the Department of Labor, the Naturalization Field Service as well as the Immigration Field Service, should be given the benefits of this bill as it passed the House. It accordingly amends it to include the Naturalization Bureau and field service.

The report of the House committee follows and is made a part of this report.

(House Report No. 1237, Seventy-first Congress, second session) The Committee on Immigration and Naturalization, to which was referred the bill H. R. 9803, reports the same favorably and recommends that the bill do pass.

This is a bill to authorize the Secretary of Labor to reimburse inspectors or other employees of the immigration service for their own travel expenses and the expense of transferring their wives, dependent minor children and household effects up to 5,000 pounds, when detailed to foreign countries or transferred from one official station to another in the United States or in foreign countries, and to reimburse funeral expenses and expense of transporting to the United States the remains of inspectors and other employees who die while on foreign duty.

The fourth proviso of section 24 of the immigration act of 1917 already authorizes the Secretary of Labor to reimburse such expenses as regards foreign assignments in the immigration service, and this bill proposes to rewrite that proviso to cover transfers between official stations in the United States, and to authorize funeral expenses and cost of transporting remains of immigration officers who die in the Foreign Service.

The bill is recommended by the Department of Labor and the Bureau of Immigration, and the administrative reasons for the recommendations are set forth in the Annual Reports of the Secretary of Labor and the Commissioner General of Immigration.

The annual reports of the Secretary of Labor for the fiscal years 1925, 1926, and 1927 contain the recommendation, and it is renewed in his report for the fiscal year 1928. In his annual report for 1925 the Secretary stated:

“I heartily recommend to Congress the granting of authority, when such transfers are authorized for the good of the service, to pay the actual expense of removal of the dependents of the employee and his personal and household effects. These expenses are allowed to transferred employees of other departments."

In his annual report for the fiscal year 1926 the Secretary of Labor stated:

“In my annual report for 1925 I made reference to the necessity for authority to pay the transfer expenses of dependents and personal and household effects of employees transferred by the department from one office to another.

I can not repeat too strongly this recommendation."

In his annual report for the fiscal year 1927 the Secretary of Labor stated:

“Attention has been directed in other reports, and I particularly refer to the report for the fiscal year 1926, to the fact that no provision is made by law for paying the necessary travel expenses of field officers of the Immigration Service transferred to different stations. I wish to repeat, as heretofore, that authority should be granted to pay all necessary expenses, not only of the officer himself but for his family and goods, where, for the good of the Government itself, transfers between stations for more or less permanent stay are directed."

The Commissioner General of Immigration in his annual report for the fiscal year 1925 has included this recommendation, and has renewed it in his reports for the fiscal years 1926, 1927, 1928, and 1929. The report for 1929 recommends:

That provision be made for the reimbursement of immigration officers and employees for the expenses incurred by them in the moving of their families and household and personal effects, pursuant to official transfers in the line of duty to points within and without the United States. Ever-changing conditions in the Immigration Service render it imperative that personnel shall be shifted about with considerable frequency. For an officer or employee to be forced in the line of duty to move his family and household and personal effects, all at his own expense, is absolutely unjust and seriously curtails mobility. However, such legislation should be so framed as to provide for reimbursement solely upon authorization of the Commissioner General of Immigration, with the approval of the Secretary of Labor, where the transfer is made at the request of the employee."

Officers and employees of the Customs Service within the United States and foreign countries are reimbursed for transfer expenses for themselves and their household effects under the act of March 4, 1923 (U. S. C., title 19, par. 47).

Commissioned officers of the Public Health Service, Coast Guard, and Coast and Geodetic Survey, when permanently changed in station, receive expenses of transferring families and effects. Of course, the same is true of the Army, Navy, and Marine Corps.

The committee understands from the Department of Labor that the increased administrative expense, if this desirable measure of administration were passed, would probably not exceed $10,000 annually.

The committee is persuaded that, in order to make the most economical and effective use of the immigration personnel, which is widely scattered throughout 35 immigration districts in continental United States, distributed along both seaboards and both international boundaries, in Hawaii and Porto Rico, and also in foreign countries, the Department of Labor should be able to transfer its immigration personnel according to the best interests of the service, unhampered by the thought of inflicting undue financial hardship upon the officer concerned. It is believed that this bill will effect the necessary mobility of force and contribute directly to better and more uniform enforcement of the immigration laws.

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SENATE

71st CONGRESS

2d Session

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REPORT No. 925

ADDITION OF CERTAIN LANDS TO ROCKY MOUNTAIN

NATIONAL PARK, COLO.

JUNE 16, 1930.-Ordered to be printed

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

submitted the following

REPORT

[To accompany H. R. 11784)

The Committee on Public Lands and Surveys, to whom was referred the bill (H. R. 11784) to provide for the addition of certain lands to the Rocky Mountain National Park, in the State of Colorado, 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. 1520, 71st Cong., 2d sess.), which is appended hereto and made a part of this report, as follows:

The Committee on the Public Lands, to whom was referred the bill (H. R. 11784) to provide for the addition of certain lands to the Rocky Mountain National Park, in the State of Colorado, having considered the same, report favorably thereon and recommend that it do pass with the following amendments:

Page 1, line 4, after the word "upon" insert the following: “the recommendation of the Secretary of the Interior, and with respect to lands located in a national forest upon”.

Page 2, line 8, strike out the number "21" and substitute the number "20" in lieu thereof.

Page 2, line 19, after the number 14” and before the word "and" insert the number "23".

Page 2, line 20, after the number “3” and before the number “10” insert the word “and” and strike out the word and number "and 15" after the number "10".

Page 2, lines 21 and 22, strike out entire lines and substitute in lieu thereof the following: “Divide; that portion of section 15 lying east of the Continental Divide and on the eastern slope of Mount Nimbus; and that portion of section 22 lying on the eastern slope of Baker Mountain".

Page 3, line 2, strike out the word "section" and insert "sections 17 and". Page 3, line 3, after the word “Divide" insert the following: "and that part of section 29 lying outside the park boundary”.

8 R—71-2-VOL 2 66

Page 3, line 12, strike out all of section 2 and insert in lieu thereof the following:

“Sec. 2. That nothing herein contained shall affect any vested and accrued rights of ownership of lands or any valid existing claim, location, or entry existing under the land laws of the United States at the date of passage of this act, whether for homestead, mineral, rights of way, or any other purposes whatsoever, or any water rights and/or rights of way connected therewith, including reservoirs, conduits, and ditches, as may be recognized by local customs, laws, and decisions of courts, or shall affect the right of any such owner, claimant, locator, or entryman to the full use and enjoyment of his land.”

This legislation, if passed, will make the boundaries of the Rocky Mountain National Park conform along physiographic lines and allow a better development of the park-road system. These proposed additions will also greatly facilitate the administration of the park.

The proposed measure has the indorsement of the Secretary of Agriculture and the Secretary of the Interior, who inclosed a memorandum fully explaining the reasons and purpose of the bill. These letters and the memorandum are herein set out in full for the information of the House.

May 13, 1930 Hon. Don B. COLTON, Chairman Committee on the Public Lands,

House of Representatives. DEAR MR. COLTON: Reference is made to your letter of May 12 inclosing copy of H. R. 11784, “A bill to provide for the addition of certain lands to the Rocky Mountain National Park, in the State of Colorado," and asking for a report thereon.

The proposed legislation would authorize the President, on recommendation of the Secretaries of the Interior and of Agriculture, to add certain described lands, or any part thereof, to the Rocky Mountain National Park.

This department is without precise information as to whether the described lands should be given a national-park status, but since the proposed legislation would make additions to the park contingent on approval by the Secretaries of the Interior and of Agriculture, and therefore it is assumed that field investigations would be made before any recommendations were offered, this department can see no objection to the measure and recommends that it be given the approval of your committee. Sincerely yours,

R. W. DUNLAP, Acting Secretary.

DEPARTMENT OF THE INTERIOR,

Washington, May 16, 1930. Hon. Don B. Colton, Chairman Public Lands Committee,

House of Representatives. MY DEAR MR. Colton: In your letter of April 22, you requested a report on H. R. 11784, a bill to provide for the addition of certain lands to the Rocky Mountain National Park, in the State of Colorado.

The Director of the National Park Service has prepared a memorandum of the reasons for this proposed revision of the Rocky Mountain National Park boundaries. I fully concur in this memorandum, which I attach hereto for the information of the committee.

In planning road and trail development in Rocky Mountain National Park, which is being carried forward under appropriations made annually to the National Park Service in the appropriations bill carrying funds for the Interior Department, it is important that the President be granted the authority proposed by this pending legislation. It is not contemplated that all of the land authorized to be added to the Rocky Mountain National Park by this measure will be actually placed within its boundaries, but until surveys and plans of the road and trail system are completed it will not be possible to designate the tracts that must be added to the park in order to complete the improvements that are under way. Very truly yours,

Ray LYMAN WILBUR.

DEPARTMENT OF THE INTERIOR,

Washington, May 12, 1930. Memorandum for the Secretary.

Reference is made to letter of April 22, from the chairman Committee on the Public Lands, House of Representatives, inclosing copy of H. R. 11784, entitled "A bill to provide for the addition of certain lands to the Rocky Mountain National Park, in the State of Colorado,” with request for report thereon.

This if enacted into law, would of itself effect no ge in the boundary of the park but would simply authorize the President, upon the joint recommendation of the Secretaries of the Interior and of Agriculture, to extend the boundaries at several points to take in lands considered desirable for addition to the park in order to round out boundaries along physiographic lines to permit proper development of the park road system, and in general to afford better administration of the park.

The several areas described and which would be subject to the authorization of this bill are (1) the Never Summer Range addition, comprising approximately 14,144 acres, located adjacent to the west boundary and now within a national forest; (2) the Grand Lake addition, comprising approximately 960 acres, also on the west boundary and which would take into the park a part of Grand Lake; (3) the Fall River Valley addition, comprising approximately 520 acres, now forming a block-like indenture in the east boundary just above Estes Park; and (4) the Big Thompson Valley addition, comprising approximately 6,920 acres, also forming an indenture irregular in shape in the east boundary southwesterly from Estes Park.

The Never Summer Range addition would take into the park the headwaters of the Colorado River in the vicinity of the Never Summer Mountains. The Continental Divide, at the headwaters of the North Fork of the Colorado River, makes a U-shaped loop running northwest of Milner Pass. The basin contained in this loop is now about one-third in the park and two-thirds in the national forest. The present park boundary runs as an arbitrary line part way up the slope to the east of the river. This area is one of great scenic grandeur and geological interest, and comprises a natural unit of the park. It is also required to permit the new park road to be entirely within the park limits.

At present the park boundary in the vicinity of Grand Lake does not run down to or include any part of this beautiful lake, although the developments of the park operator providing hotel accommodations for the park visitors are planned in this vicinity outside the present park boundary. This addition would therefore bring into the park suitable flat land for such park developments as well as permit the extension of the park road system to the best advantage.

The two areas on the east boundary comprise lands in the Fall River and Big Thompson Valleys and are for the most part lands which were eliminated from the park by the act of June 9, 1926 (44 Stat., pt. 2, 712). At the present time, however, with greater developments of this park being undertaken by the Government since the question of jurisdiction in the park has been settled by the cession by the State of exclusive jurisdiction to the United States over the park, it is believed some of the lands formerly excluded from the park would be very desirable for park purposes and it may be found necessary after further study to bring some of these lands back into the park to permit proper development of the park entrance road system and in general to afford better administration. It is probable, however, upon more thorough study on the ground that only a very small portion of the lands described will be found necessary for addition to the park under the authorization of this bill.

Upon a review and a careful check of the language and land descriptions contained in this bill several inaccuracies have been found. In order to correct these it is suggested that the bill be amended as follows:

Page 1, line 4, after the word “upon” insert the following: “the recommendation of the Secretary of the Interior, and with respect to lands located in a national forest upon”.

Page 2, line 8, strike out the number “21” and substitute the number “20" in lieu thereof.

Page 2, line 19, after the number “14” and before the word "and" insert the number "23".

Page 2, line 20, after the number “3” and before the number “10” insert the word "and" and strike out the word and number “and 15" after the number 10”.

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