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establishment at the port of New York to the United States. As a result of that legislation a joint board of appraisal was appointed to determine the value of the property to be transferred. The commission authorized by the New York State law of April 27, 1916, took appropriate steps to designate representatives of the State to make an appraisal of the property, and the Secretary of the Treasury, acting on the authority contained in section 5 of the act approved June 19, 1906, also designated representatives in behalf of the United States. As a result of the joint appraisal a valuation of $1,395,275 was agreed upon as being reasonable, and Congress in the sundry civil act of 1921 made an appropriation of that amount for the purchase of the New York State quarantine property, located at the port of New York. Steps were taken, upon the approval of the sundry, civil act of 1921, for the transfer of the station, but on account of delays incident to the proving of the title, this was not effected until March 1, 1921.

In view of 1920–21, however, a very serious emergency arose at the port of New York because of the widespread prevalence of typhus in Europe and the continued arrival at the port of New York of typhus-infected vessels. The facilities at the quarantine station were wholly inadequate, and it was necessary, in order that the public health of the country be properly protected, that increased facilities be provided. In view of the imminence of the transfer of the property to Federal control, the State authorities were reluctant to undertake any additional expense for improvements to the station. Under such circumstances, however, the Surgeon General of the Public Health Service deemed it proper to set forth the situation to the Governor of New York, and as a result of that communication the State authorities undertook the authorization and erection of the sterilizing plant in question. A copy of this communication is attached.

In view of the above facts, I recommend the passage of this legislation, and in this connection it may be added that this matter has been presented to the Director of the Bureau of the Budget, who advises that the proposed legislation is not in conflict with the financial program of the President. Very truly yours,

A. W. MELLON,

Secretary of the Treasury. Hon. CHARLES L. UNDERHILL, Chairman Committee on Claims,

House of Representatives.

TREASURY DEPARTMENT,

Washington, March 4, 1926. DEAR MR. CHAIRMAN: Receipt is acknowledged of your communication of February 24, 1926, requesting that your committee be advised as to the opinion of this department concerning bill, H. R. 677, for the relief of the State of New York.

In reply I have to advise you that pursuant to a prior call from your committee for report on this bill, there was forwarded to you under date of February 27, 1926, a communication from this department presenting certain information relating to the claim of the State of New York covered by H. R. 677 and recommending the passage of the proposed legislation. A copy of this report is inclosed herewith for your information. Very truly yours,

A. W. MELLON,

Secretary of the Treasury. Hon. CHARLES L. UNDERHILL, Chairman Committee on Claims,

House of Representatives.

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CONGRESS

CONFERRING AUTHORITY TO FIX THE SIZE OF FARM

UNITS ON DESERT-LAND ENTRIES

FEBRUARY 1, 1930.-Referred to the House Calendar and ordered to be printed

Mr. Smith of Idaho, from the Committee on Irrigation and Recla

mation, submitted the following

REPORT

(To accompany H. R. 1186)

The Committee on Irrigation and Reclamation, to whom was referred the bill (H. R. 1186) to amend section 5 of the act of June 27, 1906, conferring authority upon the Secretary of the Interior to fix the size of farm units on desert-land entries when included within national reclamation projects, having considered the same, report thereon with the recommendation that it do pass with the following amendment:

Page 2, line 11, after word “relinquish”, insert "within a reasonable time after notice as the Secretary may prescribe and not less than two years".

The reasons for the passage of the measure grow out of the fact that as withdrawals are made for reclamation projects under the national reclamation laws some lands are included that are in private ownership or that have been entered under the desert land law and have not passed to patent.

Under existing law the Secretary of the Interior, prior to the commencement of construction work upon a project, is authorized to require owners of private lands to dispose of any acreage at a price fixed by the Secretary of the Interior in excess of the acreage defined as adequate for a farm unit upon the particular project. The Secretary of the Interior is without authority, however, to require entrymen under the desert land act to reduce their holdings below 160 acres.

In the interest of uniformity and of closer settlement, it seems desirable that when reclamation projects are undertaken by the Federal Government, the Government ought to be given authority to define the acreage of farm units so that reclamation would be carried forward in the interest of the largest number of people and not for the benefit of a limited number of landowners or persons who had made entry upon land and had not yet received patent when such entries were in acreages in excess of the prescribed unit.

The pending bill (H. R. 1186) has been recommended for passage by the Secretary of the Interior, Ray Lyman Wilbur, in a letter addressed to the chairman of the Committee on Irrigation and Reclamation, dated December 14, 1929; also by the Commissioner of Reclamation, Elwood Mead, in a memorandum for the Secretary of the Interior, dated December 9, 1929.

A similar bill was recommended for passage by the former Secretary of the Interior, Hubert Work, in the Seventieth Congress, in a report dated April 13, 1929.

The documents referred to herein are made a part of this report for the convenience of the House.

DEPARTMENT OF THE INTERIOR,

Washington, December 14, 1929. CHAIRMAN COMMITTEE ON IRRIGATION AND RECLAMATION,

House of Representatives. DEAR MR. CHAIRMAN: I am in receipt of your request of December 5 for a report on H. R. 1186.

In this connection there is transmitted herewith a memorandum from the Commissioner of Reclamation; also a copy of a letter addressed to you by Secretary Work on April 13, 1928, reporting upon H. R. 12779, Seventieth Congress, first session, which is an identical bill. I am glad to concur in the recommendation that H. R. 1186 be enacted into law. Very truly yours,

Ray Lyman WILBUR, Secretary.

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DEPARTMENT OF THE INTERIOR,

BUREAU OF RECLAMATION,

Washington, December 9, 1929. Memorandum for the Secretary. Subject: Report on H. R. 1186, entitled “A bill to amend section 5 of the act

of June 27, 1906, conferring authority upon the Secretary of the Interior to fix the size of farm units on desert-land entries when included within national reclamation projects.”

Reference is made to letter addressed to you December 5, 1929, and referred to this office for report to you from the chairman of the House Committee on Irrigation and Reclamation submitting a copy of the above-described bill.

H. R. 1186 is identical with H. R. 12779, Seventieth Congress, first session, upon which the department submitted report under date of April 13, 1928. Copy of this report is inclosed for convenient reference. I recommend that a favorable report be made upon the bill. The letter of December 5, 1929, is returned herewith.

Elwood MEAD, Commissioner.

DEPARTMENT OF THE INTERIOR,

Washington, April 13, 1928. Hon. ADDISON T. SMITH, Chairman Committee on Irrigation and Reclamation,

House of Representatives. MY DEAR MR. SMITH: Your letter of April 9, 1928, has been received inclosing for report a copy of H. R. 12779, “To amend section 5 of the act of June 27, 1906, conferring authority upon the Secretary of the Interior to fix the size of farm units on desert-land entries when included within national reclamation projects."

The bill proposes to amend section 5 of the act of June 27, 1906 (34 Stat. 519). This section deals with desert-land entries which, after being allowed, are included within the exterior limits of a withdrawal of land for the construction of a reclama

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tion project. The Government development in the vicinity of the desert-land entries often interferes with the entrymen's plans for making improvements or for reclaiming their land, and section 5 of the existing act of June 27, 1906, allows the desert-land entrymen in such cases to obtain an extension of time, and later to obtain a water right from the Government project, if carried to completion.

The existing act provides that if in such case the desert-land entryman obtains a water right from the Government project, he must reduce his holdings to 160

H. R. 12779, if enacted, would require the desert-land entrymen in such cases to reduce their holdings to the area fixed by the Secretary of the Interior as sufficient for the support of a family. This area, on projects like the Owyhee, where the quality of the land is excellent, and the growing season is long, is often less than 160 acres, and the change in the law is therefore desirable, in the interest of closer settlement. The amendment would also require the desert-land entryman who depends upon the Government project for a water supply to comply with the regulations of the department applicable to the irrigable land of the project generally.

In line 5 of the second page of the bill the word "theretofore" is substituted for "heretofore” in the existing law. This seems to be necessary, as otherwise the entryman would be denied credit for improvements placed on his holdings subsequently to June 27, 1906, a result not intended at the present time. Line 10, page 2, change "action" to "act”. I recommend the favorable consideration of the bill. Very truly yours,

HUBERT WORK.

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