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SENATE

71st CONGRESS

2d Session

REPORT No. 1127

ADDITION OF CERTAIN LANDS TO THE LASSEN VOL

CANIC 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]

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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:

DEPARTMENT OF THE INTERIOR,

Washington, May 5, 1930. Hon. Don B. Colton, 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,

NATIONAL PARK SERVICE,

Washington, April 16, 1930. 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, Acing Secretary.

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Mr. WATSON, from the Committee on Finance, submitted the

following

REPORT

(To accompany H. R. 13174)

11,

The Committee on Finance, to whom was referred the bill (H. R. 13174) to amend the World War veterans'. act, 1924, as amended, having considered the same, report it back to the Senate with the following amendments and recommend that the bill do pass:

Amendment No. 1: Extending for one year time in which insurance suits may be instituted.

Amendment No. 2: Authorizing Attorney General to compromise insurance suits.

Amendment No. 3: Eliminating provision discontinuing payments of compensation to veterans who enlisted subsequent to November

1918. Amendment No. 4: Eliminating requirement that veteran be entitled to exemption from payment of Federal income tax before receiving disability allowance.

Certain typographical errors appearing in the House bill are corrected.

Following is an analysis of the bill, as amended, section by section:

Section 1: Section i of the bill amends section 5 of the act by directing that regulations relative to evidence shall provide that due regard be given to lay and other evidence not of a medical nature in connection with the adjudication of claims. It is the feeling of the committee that in certain border-line cases a more liberal evaluation of lay testimony. would enable the bureau to grant relief under the law. Although under existing law the bureau has the authority to consider such evidence in its proper light, it is felt that this amendment will constitute the express will of Congress regarding such evidence, and will enable the director of the bureau to issue more elastic regulations with regard thereto.

Section 2: Section 2 of the bill amends section 10 of the act by adding thereto a paragraph authorizing the director to secure such recreational facilities, supplies, and equipment for the use of patients in hospitals, and for employees at isolated stations, as he may deem necessary, and the appropriations made available for the carrying out of the present provisions of section 10, which relate to the furnishing of medical and hospital treatment, are authorized to be expended for this purpose. The bureau is authorized under existing legislation to provide recreational facilities for patients in hospitals, but has no authority to provide such facilities for employees. Many of the employees are stationed at isolated places, so far removed from facilities provided by municipalities or clubs that it is practically impossible for them to avail themselves thereot. The committee, therefore, believes that the director should be authorized to provide facilities as part of the hospital reservation where they are needed.

Section 3: Section 3 of the bill amends section 16 of the act and authorizes the refund of premiums paid beyond the date of maturity on war risk term insurance. The bureau has always refunded such premiums, but the Comptroller General recently held that the bureau appropriations were not available for such purpose. In view of the fact that no risk attached to the Government for the period covered by these premiums, and that it is the practice of commercial insurance companies under similar circumstances to refund premiums, it is believed that this amendment is proper.

Section 4: Section 4 of the bill amends section 19 of the act by authorizing the courts, as part of the judgment, to direct the refund of premiums. This amendment, which is in line with the preceding one, merely constitutes legislative approval of a practice carried on by the bureau prior to å recent decision of the Comptroller General.

Section 4 of the bill also amends section 19 of the act in the following respects:

(1) Extends the time for bringing suits on insurance claims for one year from the date of the approval of the amendatory act or the date the director disallows the claim, whichever is the later date.

(2) Authorizes the issuance of subpænas for witnesses who are required to attend trials and who live at a greater distance than 100 miles from the place where the case is to be tried. This provision is extremely important from the point of view of both the veteran and the Government, as under existing law it is necessary that the testimony of such witnesses be taken by depositions, which is highly unsatisfactory.

(3) Authorizes the payment of regular travel and subsistence allowances to attorneys of the bureau when assigned to assist at the trials of cases, and to employees of the bureau when ordered in writing by the director to appear as witnesses.

(4) Authorizes the director to order part-time and fee-basis employees of the bureau to appear as witnesses in suits against the Government under this section and to pay them in his discretion a fee in an amount not to exceed $20 a day.

(5) Authorizes official leave for bureau employees subpænaed to attend trials as witnesses for veteran plaintiffs in suits under this section. At the present time these employees are required in answering subpænas to take their time on annual leave. This is a hardship of which the committee believes they should be relieved.

(6) A paragraph is added to define the meaning of the term “claim" and the term “disagreement” as used therein. It has for its purpose

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