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2d Session

No. 723

AUTHORIZING THE SECRETARY OF THE INTERIOR TO DISPOSE, BY SALE, OF CERTAIN PUBLIC LAND IN THE STATE OF FLORIDA

FEBRUARY 19, 1930.-Committed to the Committee of the Whole House and ordered to be printed

Mr. YoN, from the Committee on the Public Lands, submitted the

following

REPORT

[To accompany H. R. 8418]

The Committee on the Public Lands, to whom was referred the bill (H. R. 8418) authorizing the Secretary of the Interior to dispose, by sale, of certain public land in the State of Florida, having considered the same, report it back to the House favorably with the recommendation that it do pass with the following amendment:

Line 6, strike out the numeral "7" and the comma after it. The reasons for this legislation is fully explained in a letter from the Secretary of the Interior and a memorandum prepared by the Commissioner of the General Land Office and which are herein set out in full for the information of the House.

DEPARTMENT OF THE INTERIOR,
Washington, February 7, 1930.

Hon. DON B. COLTON,

Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. CHAIRMAN: There is transmitted herewith, in response to your request of January 14 for an opinion as to the merits of H. R. 8418, a memorandum submitted by the Commissioner of the General Land Office. After a review of the situation, I am in agreement with Commissioner Moore in his report upon the bill.

Very truly yours,

RAY LYMAN WILBUR, Secretary.

Memorandum for the Acting Secretary.

By letter of January 14, 1930, Hon. Don B. Colton, chairman Committee on the Public Lands, House of Representatives, transmitted a copy of H. R. 8418, authorizing and directing the issuance of a patent to Alma Laird for lots 5, 6, 7,

and 8, section 32, and lot 4, section 31, township 2 south, range 17 west, Tallahassee meridian, Florida, bordering on Lake Powell, upon the payment of $1.25 an acre within six months after the passage of the act.

The said land was erroneously omitted from the original survey and subsequently surveyed as public land of the United States, as shown by supplemental plat of survey approved January 29, 1924, and officially filed in the land office at Gainesville, Fla., on June 6, 1924.

Under date of May 22, 1924, all unappropriated lands in sections 30, 31, and 32 of said township were withdrawn by Executive Order No. 4014 in view of legislation proposed in H. R. 8522, introduced April 7, 1924. It provided for the disposition of Florida and Wisconsin lands of the character herein considered, but became a law only as to Wisconsin. (See act of February 27, 1925, (43 Stat. 1013).)

It appears from the correspondence on file in the General Land Office that Alma Laird alleged that she and her predecessors in title have claimed the land under consideration since the year 1893, and that valuable improvements have been erected thereon. However, it also appears that on May 6, 1929, one Hilliard C. Cain was allowed to make homestead entry Gainesville 021908 for lot 7, of said section 32, township 2 south, range 17 west, containing 34.26 acres, and that after publication in the Panama City Weekly for seven weeks of notice of the entry final certificate was issued thereon November 15, 1929.

With the possible exception of said lot 7, it appears that if Mrs. Laird could establish her color of title claim as alleged she might be able to obtain title from the Government under the act of December 22, 1928 (45 Stat. 1069), which authorizes issuance of patents for land held under color of title for more than 20 years, with valuable improvements or cultivation. However, notwithstanding the color of title act, if the committee is satisfied that Alma Laird is the owner of the aforesaid lots (with the exception of said lot 7), I will interpose no objection to the enactment of the proposed legislation. C. C. MOORE, Commissioner.

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STATE OF ALABAMA

FEBRUARY 19, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. ALMON, from the Committee on Roads, submitted the following

REPORT

[To accompany S. 2093]

The Committee on Roads, to which was referred the bill (S. 2093) for the relief of the State of Alabama for the damage to and destruction of roads and bridges by the floods of 1929, having considered the same, report favorably thereon, with the following amendment, and recommend that as amended the bill do pass.

The amendment is as follows:

On page 3, line 2, strike out the period and insert a colon and the following:

Provided further, That no portion of this appropriation shall be used except on highways and bridges now in the Federal-aid highway system in Alabama, or the necessary relocation of such roads and bridges.

This amendment does not alter the purpose of the bill, but makes it applicable to the existing laws and regulations governing the expenditures of money by the Federal Government in cooperation with the several States, on the roads of the Federal-aid system of highways, and is the result of the recommendation of the favorable report of the Department of Agriculture sent to the committee on February 17, 1930, and which also contained a statement that this legislation does not conflict with the financial program of the President. The committee was unanimous in its report on this bill.

This bill authorizes an appropriation of $1,660,000 by the Federal Government as an aid to the State of Alabama in the repairing and reconstruction of roads and bridges damaged or destroyed by the unusual floods of 1929 and is similar to laws enacted for the relief of the States of New Hampshire, Vermont, and Kentucky. Following is the complete report of the Secretary of Agriculture:

Hon. CASSIUS C. DOWELL,

FEBRUARY 17, 1930.

Chairman Committee on Roads, House of Representatives. DEAR MR. DOWELL: Receipt is acknowledged of your letter of February 8, with which was inclosed a copy of S. 2093 with request for a report thereon and such views relative thereto as the department may desire to communicate.

This bill would authorize an appropriation of $1,660,000 as a reimbursement or contribution in aid from the United States to the State of Alabama for moneys expended in repairing and reconstructing roads and bridges damaged and destroyed by the floods of 1929, and also for expenditure hereafter in the restoration or reconstruction of roads and bridges on the Federal aid highway system so damaged or destroyed under rules and regulations to be prescribed by the Secretary of Agriculture. Any portion of the sum proposed to be authorized would become available when the State of Alabama shows to the satisfaction of the Secretary of Agriculture that either before or after the approval of this act it has expended or made available for expenditure for the same purpose a like sum from State funds. Out of any appropriations made for carrying out the provisions of the bill this department would be authorized to use not to exceed 22 per cent for the purpose of meeting administrative expenses.

Following the floods in Alabama during the month of March, 1929, the Bureau of Public Roads, upon request, made an investigation to determine the damages which resulted to roads and bridges on the Alabama system of Federal aid highways. Based upon data obtained by this investigation, there was made an estimate of the cost of restoration or reconstruction work necessary, as follows: 1. Restoration of roadway aid projects on Federal aid system within flooded area to same type.......

2. Restoration of bridges on Federal aid projects on Federal aid system within flooded area and provision for additional openings. 3. Estimated restoration of roadway of non-Federal aid projects on Federal aid system within flooded area to same type.

4. Estimated restoration of bridges on non-Federal aid projects on Federal aid system within flooded area and additional openings... 5. Estimated 40 miles of original type destroyed requiring restoration to higher type, at $25,000 per mile..

Total.....

--

$560, 000

535, 000 460,000

580, 000

1, 000, 000

3, 135, 000

Item 5 immediately above has reference to sections of highways upon which the original type was obliterated and where traffic will justify an increased cost. Such sections are relatively short, varying from about 50 to possibly 3,000 feet in length, and probably aggregating 27 miles of Federal-aid projects on the Federal-aid system and 13 miles of non-Federal-aid projects on said system. The greater degree of destruction wrought on these sections was due to the waters cutting into fills adjacent to bridges and culverts, and to other similar reasons. The foregoing estimates do not include any damage which occurred on other than the Federal-aid highway system. Neither do they include any damage which occurred outside of the area of extraordinary flood. It was found that the flood crests rose from 4 to 16 feet above previous records. Great damage was undoubtedly suffered and it would seem beyond question that it was caused by extraordinary flood conditions. It is believed, however, that any relief provided by the Federal Government should be confined upon the roads embraced in the system of Federal-aid highways. The language of the bill as it passed the Senate apparently would not confine reimbursement for work already done to restoration or reconstruction work performed on the system of Federal-aid highways. It is suggested, therefore, that if it is the intention of Congress that the entire appropriation which the bill would authorize shall be confined to roads and bridges on the system of Federal-aid highways, whether paid as reimbursement for work already done or expended in future construction the language of the bill should be changed so as to clearly indicate such intent. Otherwise the department would

recommend favorable action on the bill.

When this bill was pending in the Committee on Post Offices and Post Roads of the Senate, this department was requested to make a report thereon and at that time submitted a copy of the bill to the Bureau of the Budget pursuant to Circular No. 49 of that bureau. By letter dated January 6, 1930, the Director of the Bureau of the Budget advised this department that the expenditures contemplated by this proposed legislation would not be in conflict with the financial program of the President.

Sincerely,

R. W. DUNLAP,

Acting Secretary of Agriculture.

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