83D CONGRESS 2d Session } SENATE { REPORT No. 1492 AMENDING SECTIONS 201 (a) AND 207 (a) OF THE JUNE 2 (legislative day, MAY 13), 1954.-Ordered to be printed Mr. BUTLER of Nebraska, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany H. R. 6888] The Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 6888) to amend sections 201 (a) and 207 (a) of the Hawaiian Homes Commission Act, having considered the same, report favorably thereon without amendment, and with the recommendation that the bill do pass. PURPOSE OF THE BILL The purpose of this bill is to permit the Hawaiian Homes Commission, as a part of its program of making lands available to native Hawaiians, to lease irrigated lands suitable for grazing but not for crop production, in tracts of between 40 and 100 acres. Under existing law pastoral lands may be leased to such native Hawaiians, but not in tracts of less than 100 acres. Since certain of the lands of the Commission are suitable for irrigated pastures, and such pastures have a carrying capacity greater than other pastoral lands under the jurisdiction of the Commission, a smaller area is required to meet the needs of a single family. The bill is approved by the Department of the Interior, and there is no objection by the Bureau of the Budget. The report of the House committee, which gives full details on the situation and includes the report of the Interior Department, is as follows: H. R. 6888 amends the Hawaiian Homes Commission Act of 1920, as amended, by adding a new category of "not less than 40 nor more than 100 acres of irrigated pastoral lands" that may be granted a lessee. No expenditure of Federal funds is involved. Section 207 of the Hawaiian Homes Commission Act (48 U. S. C. 701) presently authorizes the Commission to lease to native Hawaiians the right to the use and occupancy of Hawaiian homelands within the following acreage limits per lessee: (1) Not less than 1 nor more than 40 acres of agricultural lands; (2) Not less than 100 nor more than 500 acres of first-class pastoral lands; (3) Not less than 250 nor more than 1,000 acres of second-class pastoral lands; or (4) Not more than 1 acre of any class of land to be used as a residence lot. The additional category proposed in H. R. 6888 is requested by the Governor and by the Legislature of the Territory of Hawaii. The Department of the Interior has submitted a favorable report which is set forth below in full. Hon. A. L. MILLER, DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D. C., April 22, 1954. Chairman, House Committee on Interior and Insular Affairs, House of Representatives, Washington, D. C. MY DEAR DR. MILLER: Further reference is made to your letter to me dated January 18, 1954, requesting a report on H. R. 6888, the bill to amend section 207 (a) of the Hawaiian Homes Commission Act, 1920. The bill has been approved by the Hawaiian Homes Commission, and I recommend its enactment as written, subject to the amendments hereinafter suggested. This bill was introduced pursuant to Joint Resolution No. 32, Hawaii Session Laws, 1953, approved by the Governor on May 19, 1953. It amends section 207 (a) of the Hawaiian Homes Commission Act of 1920 (48 U. S. C. A. par. 701) by granting to the Hawaiian Homes Commission the additional right to lease "not less than 40 nor more than 100 acres of irrigated pastoral lands.' The Hawaiian Homes Commission has under its jurisdiction available lands which are suitable for irrigated pastures, and it has been found in the development of the cattle industry that pasturage of cattle on irrigated pastures is economically feasible and advisable. The carrying capacity of such pastures is greater than pastoral land, and therefore, to meet the needs of a single family, a smaller area is required than that provided for pastoral land. Since the bill, as introduced, does not define the term "irrigated pastoral lands," it is suggested that the following amendments be adopted: 1. The title should be changed to read: "To amend sections 201 (a) and 207 (a) of the Hawaiian Homes Commission Act." 2. On page 2, after line 16 (but before sec. 2), the following should be inserted: "SEC. 2. Subsection (a) of section 201 of the Hawaiian Homes Commission Act, 1920, is hereby amended by adding a paragraph (8) to read as follows: "(8) The term 'irrigated pastoral land' means land not in the description of agricultural land but which, through irrigation, is capable of carrying more livestock the year through than first-class pastoral land." 3. On page 2, line 17, delete "2" and substitute "3" therefor. The Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely yours, FRED G. AANDAHL, Assistant Secretary of the Interior. The correcting amendments proposed by the Department have been adopted by the committee. This bill implements a policy of long standing with regard to leasing of Territorial lands and should not be confused with the committee's recognized policy of patenting public domain lands within the continental United States under reclamation, desert land, or other entry. CORDON RULE In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, H. R. 6888, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): SECTION 207 OF THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED (48 U. S. C. A. Par. 701) (a) The Commission is authorized to lease to native Hawaiians the right to the use and occupancy of a tract or tracts of Hawaiian home lands within the following acreage limits per each lessee: (1) not less than one nor more than forty acres of agricultural lands; or (2) not less than one hundred nor more than five hundred acres of first-class pastoral lands; or (3) not less than two hundred and fifty nor more than one thousand acres of second-class pastoral lands; or (4) not less than forty nor more than one hundred acres of irrigated pastoral lands; (5) not more than one acre of any class of land to be used as a residence lot: Provided, however, That, in the case of any existing lease of a farm lot in the Kalanianaole Settlement on Molokai, a residence lot may exceed one acre but shall not exceed four acres in area, the location of such area to be selected by the lessee concerned: Provided, further, That a lease granted to any lessee may include two detached farm lots located on the same island and within a reasonable distance of each other, one of which, to be designated by the Commission, shall be occupied by the lessce as his home, the gross acreage of both lots not to exceed the maximum acreage of an agricultural or pastoral lot, as the case may be, as provided in this section. SECTION 201 OF THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED (48 U. S. C. A., PAR. 692) (a) When used in this subchapter (1) The term "commission" means the Hawaiian Homes Commission; (2) The term "public land" has the same meaning as defined in paragraph (3) of section 663 of this title; (3) The term "fund" means the Hawaiian home loan fund; (4) The term "Territory" means the Territory of Hawaii; (5) The term "Hawaiian home lands" means all lands given the status of Hawaiian home lands under the provisions of section 698 of this title; (6) The term "tract" means any tract of Hawaiian home lands leased, as authorized by section 701 of this title, or any portion of such tract; [and] (7) The term "native Hawaiian" means any descendant of not less than onehalf part of the blood of the races inhabiting the Hawaiian Islands previous to 1778 [.]; and (8) The term "irrigated pastoral land" means land not in the description of agricultural land but which, through irrigation, is capable of carrying more livestock the year through than first-class pastoral land. 83D CONGRESS 2d Session } SENATE { REPORT No. 1493 AUTHORIZING THE SALE OF CERTAIN LAND IN ALASKA TO THE HARDING LAKE CAMP, INC., OF FAIRBANKS, ALASKA, FOR USE AS A YOUTH CAMP AND RELATED PURPOSES JUNE 2 (legislative day, MAY 13), 1954.-Ordered to be printed Mr. BUTLER of Nebraska, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany S. 2900] The Committee on Interior and Insular Affairs, to whom was referred the bill (S. 2900) to authorize the sale of certain land in Alaska to the Harding Lake Camp, Inc., of Fairbanks, Alaska, for use as a youth camp and related purposes, having considered the same, report favorably thereon with amendments and with the recommende tion that the bill, as amended, do pass. The amendments are as follows: On page 1, line 3, after the word "Incorporated," insert "an Alaska nonprofit corporation,". On page 1, line 9, strike out the language after the colon on line 9 and all of line 1, and on page 2, strike out lines 1 and 2 and in lieu thereof insert the following: southeast quarter of the southwest quarter (SE 1⁄4 SW 1⁄4) and all of Lot Five (5), section 7, township 6 south, range 5 east, Fairbanks meridian, Alaska, U. S. Survey 1901, Salchaket Townsite Plat. On page 2, beginning at line 3, strike out all of section 2 and insert in lieu thereof the following: SEC. 2. The conveyance shall be made upon the payment by the said organization for the land at a price to be fixed by the Secretary of the Interior through appraisal, after taking into consideration the purpose for which the land is to be used: Provided, That the conveyance hereby authorized shall not include any land covered by a valid existing right initiated under the public lands laws: Provided further, That the coal and other mineral deposits in the land shall be reserved to the United States, together with the right to prospect for, mine, and remove the same under applicable laws and regulations to be prescribed by the Secretary of the Interior. |