it is granted, and abandons it for a period or more than one year, it may be forfeited back to the United States. Following are the Executive order and report of the Secretary of the Interior referred to above: EXECUTIVE ORDER NO. 5222- CALIFORNIA THE WHITE HOUSE, Under authority of the act of Congress approved June 25, 1910 (36 Stat. 847), as amended by the act of August 24, 1912 (37 Stat. 497), it is hereby ordered that the public lands in the following described areas in the State of California be, and they are hereby, temporarily withdrawn from settlement, location, sale, or entry, subject to the conditions of said acts, and subject to valid existing rights, for classification and in aid of proposed legislation to authorize the city of Napa, Calif., to purchase said lands for the protection of the watershed of the municipal water system of said city: W. 1⁄2 SW. 4 sec. 5, SE. 4 SE. 4 sec. 6, NE. 1⁄4 NE. 1⁄4 sec. 7, Ě. 1⁄2 NW. 1⁄4, W. 1⁄2 NE. 4 sec. 8, T. 6 N., R. 3 W., Mount Diablo meridian, California. This order shall continue in full force and effect unless and until revoked by the President or by act of Congress. Hon. DON B. COLTON, HERBERT HOOVER. DEPARTMENT OF THE INTERIOR, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. CHAIRMAN: With further reference to your request of February. 26 for a report on H. R. 5292, which would authorize the city of Napa, Calif., to purchase certain public lands for the protection of its water supply, I transmit 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. H. R. 5292 proposes to grant to the city of Napa, Calif., the W. 1⁄2 SW. sec. 5, SE. 4 SE. 4 sec. 6, NE. NE. 4 sec. 7, E. 1⁄2 NW. 4, W. 1⁄2 NE. 1⁄4 sec. 8, T. 6 N., R. 3 W., Mount Diablo meridian, California, upon payment of $1.25 per acre, for the protection of the water supply of said city. The land was withdrawn on November 12, 1929, by Executive Order No. 5222, under the act of June 25, 1910 (36 Stat. 847), as amended by the act of August 24, 1912 (37 Stat. 497), in aid of legislation to authorize the city of Napa to purchase said land for the protection of the water system of said city. The records of this office show the land to be vacant and unappropriated, and I see no objection to the enactment of the bill. C. C. MOORE, Commissioner. There has been filed with the committee a statement of Mayor Charles E. Trower, of the city of Napa, Calif., indicating the desire of the city to purchase this land. The statement is attached hereto and made a part of this report. REASONS SUBMITTED TO CONGRESSIONAL COMMITTEE OF CONGRESS OF THE UNITED STATES BY CITY OF NAPA IN SUPPORT OF ITS APPLICATION TO PURCHASE CERTAIN PUBLIC LAND IN NAPA COUNTY, CALIF. City of Napa, Calif., desires to purchase the following public land in Napa County, Calif., at the price of $1.25 per acre, to protect the water supply of said city: W. 11⁄2 SW. 4 of sec. 5, SE. 4 SE. 4 of sec. 6, NE. 4 NE. 4 of sec. 7, E. 1⁄2 NW. 4 of sec. 8, W. 1⁄2 of NE. 4 of sec. 8, T. 6 N., R. 3 W., Mount Diablo meridian. The following reasons are hereby respectfully submitted to the congressional committee of Congress of the United States by city of Napa, Calif., in support of said application to purchase said public land: First. Said land is all, or nearly all, within the watershed of the municipal water system of city of Napa, and most or all of said land drains into the water supply of city of Napa. The land lies within a short distance, to wit, from a quarter to three-quarters of a mile, or thereabouts, from city of Napa reservoir. Accordingly, if cattle or other stock should be permitted to wander over the land, they would tend to pollute the water supply of the people of said city. Second. The supplying of water to the inhabitants of a city is a public use, and therefore said land should not continue to be open to entry. If said land should be acquired by a settler under the homestead law, city of Napa might be obliged to pay a high purchase price, or might be obliged to condemn the land in order to acquire title to the same. Third. Said land is not suitable for farming. As the land is rugged, rocky, and steep, it is not suitable for farming, and as there is very little soil on the land, it is not suitable for grazing. It is largely covered with small brush, and the trees are small and of little or no value. Fourth. Said land contains no mineral deposits so far as known. CITY OF NAPA, NOVEMBER 18, 1929. O SR-71-2-VOL 286 71ST CONGRESS 2d Session } SENATE { REPORT No. 1127 ADDITION OF CERTAIN LANDS TO THE LASSEN VOLCANIC NATIONAL PARK, CALIF. JUNE 27, 1930.-Ordered to be printed Mr. McNARY, from the Committee on Public Lands and Surveys, submitted the following REPORT [To accompany H. R. 10582] The Committee on Public Lands and Surveys, to whom was referred the bill (H. R. 10582) to provide for the addition of certain lands to the Lassen Volcanic National Park in the State of California, 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. 1550, 71st Cong., 2d sess.), which is appended hereto and made a part of this report, as follows: [House Report No. 1550, Seventy-first Congress, second session] The Committee on the Public Lands, to whom was referred the bill (H. R. 10582) to provide for the addition of certain lands to the Lassen Volcanic National Park in the State of California, having considered the same, report favorably thereon and recommend that it do pass with the following amendments: Page 1, line 11, after the word "park", strike out the period and insert a colon and the following: “Provided, That no privately owned lands shall be added to the park prior to the vesting in the United States of title thereto." Page 2, after section 2, insert the following: "SEC. 3. 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 has the approval of the Secretary of the Interior and the Secretary of Agriculture, as shown in the following letters: Hon. DoN B. COLTON, DEPARTMENT OF THE INTERIOR, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. COLTON: In response to your request for a report on H. R. 10582, to provide for the addition of certain lands to the Lassen Volcanic National Park in the State of California, I transmit herewith a memorandum in regard to this proposed legislation from the Director of the National Park Service. Upon consideration of this memorandum by the Director of the Bureau of the Budget, he has advised that the proposed legislation would not be in conflict with the financial program of the President if amended to contain a proviso to the effect that no privately owned lands within the proposed addition shall be added to the park prior to the vesting in the United States of title to such lands. This may be accomplished by adding the following proviso at the end of section 1 of the bill: "Provided, That no privately owned lands shall be added to the park prior to the vesting in the United States of title thereto." Very truly yours, RAY LYMAN WILBUR. DEPARTMENT OF THE INTERIOR, Memorandum for the Secretary. Reference is made to undated letter from the chairman Committee on the Public Lands, House of Representatives, transmitting a copy of H. R. 10582, a bill to provide for the addition of certain lands to the Lassen Volcanic National Park in the State of California, with request for report thereon. This bill proposes to authorize the President, upon the joint recommendation of the Secretary of the Interior and the Secretary of Agriculture, to add lands totaling approximately 5,160 acres, or such part thereof as, in his discretion, may be considered necessary, to the Lassen Volcanic National Park, Calif. This land adjoins the southeastern boundary of the park and is now within the Lassen National Forest. The area includes the northern portion of Mount Kelly and the southern slopes of Mount Harkness, both of which are fairly heavily timbered, and also Warner Valley, the most important natural entrance to the park proper. Surveys of the proposed park road system, recently completed by the Bureau of Public Roads, show that it will be necessary, in order to properly locate the main road serving this section of the park, for it to extend for a distance of approximately 3 miles entirely outside of the present park boundary. In order that this road be properly controlled and protected it is essential that the park boundary be extended southward so that it may be wholly included within the park. Furthermore, the entire park area, as now constituted, is at a high elevation and contains no lands of valley character sutiable for the development of hotels, camps, and other tourist facilities. The addition of Warner Valley to the park would provide this additional desirable feature and at the same time provide suitable areas for the development of such facilities. While the bulk of the lands proposed for addition to the park are in private ownership, it is not intended that they be added to the park until means are available for their acquisition by the United States. It is believed, however, that authority should be had for adding all or a part of them, as may be desirable, if and when they are acquired. In view of the above, it is recommended that H. R. 10582 receive favorable consideration by Congress. HORACE M. ALLBRIGHT, Director. APRIL 24, 1930. Hon. DoN B. COLTON, Chairman Committee on the Public Lands, House of Representatives. DEAR MR. COLTON: Receipt is acknowledged of your letter of April 11, requesting the views of this department with reference to the bill (H. R. 10582) to provide for the addition of certain lands to the Lassen Volcanic National Park in the State of California. The lands described in the bill are within the Lassen National Forest, and, aside from those in private ownership, are now under the administration of this department as national forest lands. It has been the policy and plan of this department to so administer the lands as to utilize their economic values without impairment of their productive quality or recreational value, and further studies and fact determinations should be made before final conclusions are reached as to the necessity for a change in the present status. However, the bill H. R. 10582, by providing for the joint recommendation of the Secretaries of the Interior and of Agriculture, leaves the way open for the most satisfactory adjustment of national park and national forest boundaries, consequently this department knows of no objection to its enactment. Sincerely yours, C. F. MARVIN, Acting Secretary. |