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Agricultural credits and rehabilitation, emergency relief 8.

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Carried in the Department of the Interior appropriation act.

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EXCUSE CERTAIN PERSONS FROM RESIDENCE UPON HOMESTEAD LANDS DURING 1930 AND 1931 IN THE DROUGHT-STRICKEN AREAS

JANUARY 19, 1932.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. EVANS of Montana, from the Committee on the Public Lands, submitted the following

REPORT

[To accompany H. R. 268]

The Committee on the Public Lands, to whom was referred (H. R. 268) to excuse certain persons from residence upon homestead lands during 1930 and 1931 in the drought-stricken areas, having considered the same, report it favorably to the House and recommend that it do pass with the following amendment:

Line 1, page 2, strike out everything after "1931" and insert the following in lieu thereof: "and said entries shall not be open to contest or protest because of such absences: Provided, That the time of such actual absence shall not be deducted from the actual residence required by law, but an equivalent period shall be added to the statutory life of the entry."

The purpose of this measure is to afford relief to those homestead settlers and entrymen who were compelled, because of the serious drought, to leave their homesteads and seek a livelihood elsewhere. The bill, if enacted, will prevent the contesting and protesting of the entryman's claim and will extend the statutory life of the entry.

A letter, addressed to the chairman of the Committee on the Public Lands, from the Secretary of the Interior explaining the purposes of this legislation and containing his recommendation under date of January 12, 1932, is herein set out in full and made a part of this report for the information of the House.

DEPARTMENT OF THE INTERIOR,
Washington, January 12, 1932.

Hon. JOHN M. EVANS,

Chairman Committee on the Public Lands, House of Representatives.

MY DEAR MR. CHAIRMAN: In compliance with your request of December 30, 1931, for a report on H. R. 268, which is a bill that would excuse certain persons

from residence upon homestead lands during 1930 and 1931 in the droughtstricken areas, I transmit herewith a memorandum on the subject that has been submitted by the Commissioner of the General Land Office, in whose recommendation as to amendment of the bill I concur.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, January 8, 1932.

Memorandum for the Secretary.

H. R. 268, to excuse certain persons from residence on homestead lands during the years 1930 and 1931 in the drought-stricken areas, provides that any homestead settler or entryman who during the calendar years 1930 and 1931 found it necessary to leave his homestead to seek employment in order to obtain food and other necessaries of life for himself, family, and work stock because of serious drought conditions causing total or partial failure of crops, may, upon filing with the register proof of such conditions in the form of a corroborated affidavit, be excused from residence upon his homestead during all or part of the calendar years 1930 and 1931, and in making the final proof upon such an entry, absence granted under this act shall be counted and construed as constructive residence by said homesteader.

The large areas of public lands subject to homestead entry are situated in localities having scant or only moderate rainfalls and there is perhaps never a growing season during which drought in some section does not cause a partial or total crop failure. This condition is recognized by the general act of March 2, 1889 (25 Stat. 854), which authorizes a leave of absence for one year, and renewable if necessary, where a partial or total crop failure prevents the settler from securing support for himself and family from the land settled upon. settler however, in such cases is not credited with constructive residence.

The

A homesteader is not subject to contest for absences due to causes mentioned by said act of March 2, 1889, and while as stated the time absent under leaves granted pursuant to said act must be made up, the act of June 6, 1912 (37 Stat. 123), under which homestead entries are made, allows the homesteader to be absent for one or two periods aggregating not more than five months in each residence year and permits such absences to be counted as constructive residence upon the land.

I believe that the act of March 2, 1889, affords sufficient relief but if in the opinion of Congress additional legislation is necessary, I would interpose no objection to the enactment of the bill if amended by eliminating all that part following the figures 1931 in line 1, page 2, and substituting therefor the following: "and said entries shall not be open to contest or protest because of such absences: Provided, That the time of such actual absence shall not be deducted from the actual residence required by law, but an equivalent period shall be added to the statutory life of the entry." C. C. MOORE, Commissioner.

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1st Session

No. 186

TO AUTHORIZE THE EXCHANGE OF POTASSIUM-BEARING LANDS IN TOOELE COUNTY, UTAH, BETWEEN THE UNITED STATES AND PRIVATE OWNERS

JANUARY 19, 1932.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. COLTON, from the Committee on the Public Lands, submitted the following

REPORT

[To accompany H. R. 5062]

The Committee on the Public Lands, to whom was referred H. R. 5062, to authorize the exchange of potassium-bearing lands in Tooele County, Utah, between the United States and private owners, having considered the same, report it favorably to the House with the recommendation that it do pass without amendment.

The reason for the legislation is set forth in section 1 of the bill, by which the Secretary of the Interior is authorized, in his discretion, to accept for the United States, conveyance of title to lands later described in the bill, and now held in private ownership under fee patents, and to issue in exchange for that title patents to public lands of like character and of equal value and area, the scope of the bill being in terms confined to the single county of Tooele, State of Utah. As so set forth in said section of the bill, the object sought isin order to incourage and facilitate the development of lands in Tooele County, Utah, believed to contain potassium and associated minerals in commercial quantities, and in order to make it possible for the owners of land of that character in said county to consolidate their holdings into substantially compact form suitable for economic development, and in order to restore to public ownership lands in such compact form as to allow their economic development for said minerals. * * *

The lands now held in private ownership under Government patents, title to which may be reconveyed to the Government, and accepted by the Secretary of the Interior, are explicitly described in section 2 of the bill by legal subdivisions. Later in the same section is an equally definite description of public lands which may be patented by the Secretary of the Interior in exchange for those title to which is to be reconveyed to the Government.

As developed at the hearing upon this bill, and shown by the report of the Secretary of the Interior thereon, the material facts are substantially as below stated:

The land involved lies in the vicinity of the railroad station of Salduro, about due west of Salt Lake City, and near the Utah-Nevada

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