DEPARTMENT OF THE INTERIOR, Memorandum for the Secretary. BUREAU OF RECLAMATION, There is herewith returned letter of January 13, from Hon. Addison T. Smith, chairman Committee on Irrigation and Reclamation, House of Representatives, requesting report on H. R. 200, a bill granting the consent of Congress to compacts or agreements between the States of Colorado, New Mexico, Utah, and Wyoming, with respect to the division and apportionment of the waters of the Colorado, Green, Bear or Yampa, the White, San Juan, and Dolores Rivers and all other streams in which such States or any thereof are jointly interested. The title of the bill is fully indicative of its purposes, with which I am in general accord. Attention, however, is invited to the following matters: The proviso appended at the end of section 1 is to the effect that any compact made shall be subsidiary to and subject to the terms of the Colorado River compact signed at Santa Fe, N. Mex., November 24, 1922, if and when approved. The words underscored imply that the Colorado River compact has not yet received approval, whereas the compact has been duly approved by six of the basin States and is now effective in accordance with the act of Congress of December 21, 1928 (45 Stat. 1057), known as the Boulder Canyon project act. It would seem, therefore, that the words underscored might properly be omitted. It is suggested that the bill if passed in its present form might possibly give rise to conflict. The bill provides for apportionment of the waters of certain named tributaries of the Colorado River and other streams in which such States are jointly interested, and provides that all agreements shall be subsidiary to the Colorado River compact. Some of the States named are jointly interested in streams other than tributaries of the Colorado River. For example, the States of Colorado and New Mexico are jointly interested (with Texas) in the waters of the Rio Grande, a compact commission has been set up to deal with this stream system, and a tentative compact has been formulated. This latter compact in nowise affects the Colorado River watershed. In addition the Rio Grande compact commission is constituted in a manner different from that prescribed by the present bill in section 2. Colorado and Wyoming are jointly interested in the North Platte River and its tributaries, to which the remarks concerning the Rio Grande watershed are equally applicable. It is possible that the language of the present bill is intended to be limited to streams in which all four of the States named are jointly interested. This, however, is negatived by the title, which refers to the States mentioned, or any thereof. It would be possible by slight amendments to avoid ambiguity or possible conflict should this be considered of sufficient importance, such result to be brought about by the following amendments: Eliminate the colon in line 4, page 2, and insert "except as to those streams for the apportionment of whose waters provision has been heretofore otherwise made." In line 5, page 2 of the bill, after the word "agreements" insert "relating to the Colorado River and its tributaries." ELWOOD MEAD, Commissioner. A similar measure was reported favorably and passed the House during the Seventieth Congress (H. R. 7028, Rept. No. 1751). О GRANTING CONSENT OF CONGRESS TO COMPACTS OR AGREEMENTS BETWEEN THE STATES OF COLORADO, NEBRASKA, AND WYOMING MARCH 7, 1930.-Referred to the House Calendar and ordered to be printed Mr. ARENTZ, from the Committee on Irrigation and Reclamation, submitted the following REPORT [To accompany H. R. 201] The Committee on Irrigation and Reclamation, to whom was referred the bill H. R. 201, introduced by Mr. Taylor of Colorado, granting the consent of Congress to compacts or agreements between the States of Colorado, Nebraska, and Wyoming with respect to the division and apportionment of the waters of the North Platte River and other streams in which such States are jointly interested, having considered the same, report favorably thereon with recommendation that it do pass with the following amendment: Page 2, line 4, after the words "United States", insert "from the Department of the Interior". The bill was referred to the Secretary of the Interior, and he transmits the attached memorandum from the Commissioner of Reclamation, in which reasons are given regarding the importance of enacting the legislation: Hon. ADDISON T. SMITH, DEPARTMENT OF THE INTERIOR, Chairman Committee on Irrigation and Reclamation, House of Representatives. MY DEAR MR. CHAIRMAN: In response to your request of January 13, for an opinion as to the merits of H. R. 201, there is transmitted herewith a memorandum submitted by the Commissioner of Reclamation. After a review of the situation I am in agreement with Commissioner Mead in his report upon the bill. Very truly yours, RAY LYMAN WILBUR, Secretary. Memorandum for the Secretary: DEPARTMENT OF THE INTERIOR, There is herewith returned letter of January 13 from Hon. Addison T. Smith, Chairman Committee on Irrigation and Reclamation, House of Representatives, requesting report on H. R. 201, a bill granting the consent of Congress to compacts or agreements between the States of Colorado, Nebraska, and Wyoming with respect to the division and apportionment of the waters of the North Platte River and other streams in which such States are jointly interested. Section 2 of the bill provides for participation in negotiations preliminary to a compact by a representative of the United States to be appointed by the President. The expenses of such representative are authorized to be paid from appropriations for cooperative and general investigations for the Bureau of Reclamation. In various other bills introduced looking to compacts on other streams provision has been made that the representative of the United States shall be appointed from the Department of the interior. In such cases it seems consistent to have the expenses of the representative of the United States, who presumably would be an employee of the Bureau of Reclamation, paid from appropriations made in connection with operations of that bureau. In these cases the bureau. would have a voice in and some control over such expenses. The present bill, however, unlike the others, does not provide that the representative of the United States shall be appointed from the Interior Department, and accordingly that department would have no voice in the negotiations or control over the expenses to be incurred by other agencies, but from appropriations made for the bureau for other and entirely different purposes. This does not seem appropriate. The expense of the representative, if appointed from some other department, should be borne either from appropriations made for that department or from the General Treasury. With appropriate amendments to meet the objections here recorded I regard the bill as satisfactory. ELWOOD MEAD, Commissioner. A similar measure was reported favorably from the committee during the Seventieth Congress, Report No. 1750. О TO AMEND SECTION 1 OF THE ACT ENTITLED "AN ACT TO PROVIDE FOR STOCK-RAISING HOMESTEADS, AND FOR OTHER PURPOSES," APPROVED DECEMBER 29, 1916 MARCH 7, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. ENGLEBRIGHT, from the Committee on the Public Lands, submitted the following REPORT [To accompany H. R. 3820] The Committee on the Public Lands, to whom was referred H. R. 3820, to amend section 1 of the act entitled "An act to provide for stock-raising homesteads, and for other purposes," approved December 29, 1916, having considered the same recommend that it do pass with the following amendment: Page 2, line 4, after the semicolon, strike out everything and insert the following: Provided further, That for the purposes of this act lands withdrawn or reserved solely as valuable for oil or gas, other than naval petroleum reserves, shall not be deemed to be appropriated or reserved unless such lands shall be within the limits of the geologic structure of a producing oil or gas field, and any patent therefor shall contain a reservation to the United States of all minerals in said lands, and the right to prospect for, mine, and remove the same. The section of the act of Congress approved December 29, 1916 (43 U. S. C. 291), which this legislation will amend, appears below. The part amended appears in italics: That from and after December 29, 1916, it shall be lawful for any person qualified to make entry under the homestead laws of the United States to make a stock-raising homestead entry for not exceeding six hundred and forty acres of unappropriated unreserved public land in reasonably compact form: Provided, however, That the land so entered shall theretofore have been designated by the Secretary of the Interior as "stock-raising lands.": Provided, further, That for the purposes of this act lands withdrawn or reserved solely as valuable for oil or gas, other than naval petroleum reserves, shall not be deemed to be appropriated or reserved unless such lands shall be within the limits of the geologic structure of a producing oil or gas field, and any patent therefor shall contain a reservation to the United States of all minerals in said lands, and the right o prospect for, mine, and remove the same. The purpose of this legislation may be determined from a letter and memorandum from the Secretary of the Interior which is set 3-20-30 out in this report completely for the information of the House. A second letter from the Secretary of the Interior recalling part of the amendment suggested in his first letter also appears below: DEPARTMENT OF THE INTERIOR, Washington, July 25, 1929. Hon. DON B. COLTON, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. COLTON: I have your letter of June 12, asking my report on H. R. 3820, a bill to amend existing laws providing for stock-raising homesteads, and for other purposes. I have the honor to transmit a memorandum submitted to me by the Commissioner of the General Land Office. You will note that certain amendments are made. If the bill is amended as suggested in the inclosed memorandum, I have no objection to its enactment. Very truly yours, RAY LYMAN WILBUR. DEPARTMENT OF THE INTERIOR, Memorandum for the Secretary. Washington. Reference is made to the request of Hon. Don B. Colton, chairman Committee on the Public Lands, of June 12, 1929, for a report on H. R. 3820, a bill to amend section 1 of the act entitled "An act to provide for stock-raising homesteads, and for other purposes," approved December 29, 1916. The purpose of the bill appears to be to authorize stock-raising homestead entries for lands within the petroleum reserves except such lands as are within the limits of geologic structures of producing oil and gas fields. The language of the proviso might be interpreted to make the law applicable as well to lands within the naval oil reserves and to lands within petroleum reserves which are also reserved for other purposes. That there may be no misunderstanding in this regard, I suggest that the proviso be amended by adding the word "solely" after "reserved" in line 6, page 2, of the bill, and the words "other than naval petroleum reserves" after the word "gas" in line 6. Primarily lands within the petroleum reserves should be held for prospecting for oil and gas, and in order to prevent interference with this object by homestead entrymen, especially by speculative entrymen, who would make entries in order to hinder prospecting or to secure from the prospector as much as possible under the compensation provision of the stock raising law, I suggest that the bill provide for the right to prospect and mine the reserved minerals without compensation to the surface claimant. In order to include these suggestions, the proviso should be amended to read: "That for the purposes of this act lands withdrawn or reserved solely as valuable for oil or gas, other than naval petroleum reserves, shall not be deemed to be appropriated or reserved unless such lands shall be within the limits of the geologic structure of a producing oil or gas field, and any patent therefor shall contain a reservation to the United States of all minerals in said lands, and the right to prospect for, mine, and remove the same without compensation to the homestead entry man, patentee, his heirs or assigns, for use and occupation of the lands in the prospecting for, mining, and removal of the minerals therefrom.' If the bill be amended as suggested, there seems to be no objection to its enactment. C. C. MOORE, Commissioner. Hon. DoN B. COLTON, DEPARTMENT OF THE INTERIOR, House of Representatives. Chairman Committee on the Public Lands, MY DEAR MR. COLTON: On July 25, 1929, in response to your request for report on H. R. 3820, I transmitted to you a memorandum submitted by the |