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In conformity with clause 2a of Rule XIII of the House there is herewith printed the statute proposed to be amended showing the language proposed to be repealed in brackets [] and the language proposed to be inserted in italics:

The State of Michigan is divided into two judicial districts to be known as the eastern and western districts of Michigan. The eastern district shall include the territory embraced on the 1st day of July, 1910, in the counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Genesee, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, Shiawassee, and Tuscola, which shall constitute the northern division; also the territory embraced on the date last mentioned in the counties of Branch, Calhoun, Clinton, Hillsdale, Ingham, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, Saint Clair, Sanilac, Washtenaw, and Wayne, which shall constitute the southern division of said district. Terms of the district court for the southern division shall be held at Detroit on the first Tuesdays in March, June, and November; for the northern division, at Bay City on the first Tuesdays in May and October, and at Port Huron in the discretion of the judge of said court and at such times as he shall appoint therefor. There shall also be held a special or adjourned term of the district court at Bay City for the hearing of admiralty causes, beginning in the month of February in each year. The western district shall include the territory embraced on the 1st day of July, 1910, in the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft, which shall constitute the northern division; also the territory embraced on the said date last mentioned in the counties of Allegan, Antrim, Barry, Benzie, Berrien, Cass, Charlevoix, Eaton, Emmet, Grand Traverse, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford, which shall constitute the southern division of said district. Terms of the district court for the southern division shall be held at Grand Rapids on the first Tuesdays in March [June] May, [October] September, and [December] November; and for the northern division, at Marquette on the [second]】 first Tuesdays in April and [September;] October and at Sault [Saint] Sainte Marie on the [second] first Tuesdays in January and [July] June. All issues of fact shall be tried at the terms held in the division where such suit shall be commenced. Actions in rem and admiralty may be brought in whichever division of the eastern district service can be had upon the res. Nothing herein contained shall prevent the district court of the western division from regulating by general rule the venue of transitory actions either at law or in equity, or from changing the same for cause. The clerk of the court for the western district shall reside and keep his office at Grand Rapids, and shall also appoint a deputy clerk for said court held at Marquette, who shall reside and keep his office at that place. The marshal for said western district shall keep an office and a deputy marshal at Marquette. The clerk of the court for the eastern district shall keep his office at the city of Detroit, and shall appoint a deputy for the court held at Bay City, who shall reside and keep his office at that place. The marshal for said district shall keep an office and a deputy marshal at Bay City, and mileage on service of process in said northern division shall be computed from Bay City.

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TREE PLANTING ON NATIONAL FORESTS

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

Mr. HAUGEN, from the Committee on Agriculture, submitted the

following

REPORT

[To accompany H. R. 5410]

The Committee on Agriculture, to whom was referred the bill (H. R. 5410) authorizing the Secretary of Agriculture to enlarge tree-planting operations on national forests east of the Rocky Mountains, and for other purposes, having considered the same, report thereon with a recommendation that it do pass with the following amendments:

Page 1, lines 5 and 6, strike out the words "east of the one hundred and second meridian of longitude".

Page 2, line 2, strike out "$150,000" and insert "not to exceed $250,000".

Page 2, line 3, after "1933," insert the words "not to exceed". Page 2, lines 3 and 4, strike out "for each fiscal year thereafter," and insert "for the fiscal year ending June 30, 1934, not to exceed". Page 2, lines 8 and 9, strike out the words "east of the one hundred and second meridian of longitude".

Strike out all of section 3 and insert the following:

SEC. 3. The Secretary of Agriculture may, when in his judgment such action will be in the public interest, require any purchaser of national forest timber to make deposits of money, in addition to the payments for the timber, to cover the cost to the United States of (1) planting (including the production or purchase of young trees), (2) sowing with tree seeds (including the collection or purchase of such seeds), or (3) cutting, destroying, or otherwise removing undesirable trees or other growth, on the national forest land cut over by the purchaser, in order to improve the future stand of timber: Provided, That the total amount so required to be deposited by any purchaser shall not exceed, on an acreage basis, the average cost of planting (including the production or purchase of young trees) other comparable national forest lands during the previous three years. Such deposits shall be covered into the Treasury and shall constitute a special fund, which is hereby appropriated and made available until expended to cover the cost to the United States of such tree planting, seed sowing, and forest improvement work, as the Secretary of Agriculture may direct: Provided, That any portion of any deposit found to be in excess of the cost of doing said work shall, upon the determination that it is so in excess, be transferred to Miscellaneous Receipts, Forest Reserve Fund, as a national forest receipt of the fiscal year in which such transfer is made.

It will be noted that the bill as reported by the committee is in amended form, and that the Department of Agriculture favors the enactment of the bill with certain amendments as indicated in the letter from the Acting Secretary of Agriculture, under date of February 21, 1930, wherein certain amendments in title and sections 1 and 2 of the bill are suggested.

The letter of the Acting Secretary of Agriculture is printed in full, together with a memorandum by the forester, discussing the effect of this bill, if enacted, on the work of national forest development and administration:

Hon. GILBERT N. HAUGEN,

Chairman Committee on Agriculture,

DEPARTMENT OF AGRICULTURE, Washington, D. C., February 21, 1930.

House of Representatives.

DEAR MR. HAUGEN: I have your letter of December 17, requesting that this department submit a report on bill H. R. 5410, entitled “A bill authorizing the Secretary of Agriculture to enlarge tree-planting operations on national forests east of the Rocky Mountains, and for other purposes."

Sections 1 and 2 of the bill would, if enacted into law, authorize the department to prepare for and to undertake reforestation by planting or seeding on national forests east of the one hundred and second meridian of longitude on the scale possible under appropriations, proposed to be authorized for the purpose, of $150,000 for the fiscal year ending June 30, 1932, $300,000 for the fiscal year ending June 30, 1933, and $400,000 for each fiscal year thereafter, and would make these appropriations available for the additional protection, care, and improvement of the resulting plantations or young growth.

The need for an increase in national forest planting is most acute east of the one hundred and second meridian. The department believes, however, that an authorization such as is proposed in the bill should not be restricted to any particular portion of the country, even if, as in this case, conditions appear to justify placing the first increases in the activity in some particular region. I am, therefore, inclosing, for your consideration as an amendment, a substitute text of the title and of sections 1 and 2 of the bill. This proposed amendment would make the bill apply to all national forests, would make the sums authorized to be appropriated maxima rather than fixed amounts, and, after providing for authorizations for appropriations for a period during which a program of expansion in the planting activity could be carried out and approximate stabilization could be reached, would authorize appropriations of such sums as may be necessary for each fiscal year thereafter. The department believes these changes desirable to bring the proposed legislation into harmony with the usual procedure in fiscal matters.

The change from a regional to a general basis, as provided in the recommended amendment of sections 1 and 2 of the bill, would make necessary increases in the authorizations for appropriations and an extension of the period during which it is proposed to increase the activity if appropriations are made in the full amounts authorized. This is primarily because there are between 1,500,000 and 2,000,000 acres needing to be planted on the national forests west of the one hundred and second meridian. Under the proposed amended text, the authorizations for the fiscal years 1932, 1933, and 1934 would, if followed by appropriations of the full amounts authorized, enable the department to carry out the same program for planting on the national forests east of the one hundred and second meridian as would be possible if the bill were enacted without amendment and were followed by appropriations in the full amounts authorized; and in addition would enable the necessary preparatory work to be done on western national forests in anticipation of further increases in appropriations in subsequent fiscal years under the authorizations for the fiscal years 1935, 1936, and 1937.

I also inclose a memorandum by the forester discussing the effect of this bill, if enacted, on the work of national forest development and administration. The department favors the enactment of the bill with the indicated amendments of the title and of sections 1 and 2.

Sincerely yours,

R. W. DUNLAP, Acting Secretary.

[Proposed amendment to the title and to secs. 1 and 2 of H. R. 5410]

A BILL Authorizing the Secretary of Agriculture to enlarge tree-planting operations on national forests and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is hereby authorized to establish forest-tree nurseries and do all other things needful in preparation for planting on national forests on the scale possible under the appropriations authorized by this act: Provided, That nothing in this act shall be deemed to restrict the authority of the said Secretary under other authority of law. SEC. 2. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1932, not to exceed $300,000; for the fiscal year ending June 30, 1933, not to exceed $450,000; for the fiscal year ending June 30, 1934, not to exceed $600,000; for the fiscal year ending June 30, 1935, not to exceed $1,000,000; for the fiscal year ending June 30, 1936, not to exceed $1,500,000; for the fiscal year ending June 30, 1937, not to exceed $2,000,000; and for each fiscal year thereafter such amounts as may be necessary, to enable the Secretary of Agriculture to establish and operate nurseries, to collect or to purchase tree seed or young trees, to plant trees, and to do all other things necessary for reforestation by planting or seeding on national forests, and for the additional protection, care, and improvement of the resulting plantations or young growth.

FEBRUARY 6, 1930.

There has as yet been no legislation by Congress expressing a policy for the scale on which tree planting on national forests should be carried out. Also, there is urgent need for legislation. which will facilitate the work of caring for plantations and which will enable us to obtain the planting of some timbersale areas on which conditions make it best to clear, cut, and replant. These needs would be met by the enactment of H. R. 5410 with the proposed amendments to the title and to sections 1 and 2.

Sections 1 and 2 of the bill as introduced would express a policy as to the scale of planting operations on the forests east of the one hundred and second meridian, now containing about 600,000 acres of land needing planting, to which areas additions are being made as lands are acquired under the Weeks law (36 Stat. 961) as amended by the Clarke-McNary law (43 Stat. 653). The need for an expansion in national forest planting is most acute in this portion of the country, to enable the Forest Service to make productive the burned or otherwise denuded lands which have been or are being acquired. During the fiscal year ended June 30, 1929, the National Forest Reservation Commission approved for purchase 143,024 acres in Michigan, Wisconsin, and Minnesota, of which about half, or approximately 70,000 acres, ought to be planted promptly; and there were over 11,000 acres of similar land approved for purchase in the purchase areas in the more eastern and southern States, as minor but inseparable parts of larger acquisitions.

In addition, there are between 1,500,000 and 2,000,000 acres on the national forests west of the one hundred and second meridian, mostly old burns on lands reserved from the public domain on which the need for planting is less urgent only because of their greater distance from the larger centers of wood consumption. The proposed amendment to H. R. 5410 would make the bill express the policy of Congress toward the expansion of planting work for these western areas as well as for the more eastern.

The current (fiscal year 1930) appropriation for planting on national forests is $210,000, and that proposed for the fiscal year 1931 in the appropriation bill now before Congress is $225,000. It is planned to use the increase of $15,000 to expand the work in the Lake States and in the eastern national forests. The planting activities under these appropriations are conducted, by major continuing regional projects, with allotments approximately as follows:

Planting burned areas in northern Idaho and western Montana, nursery at Haugan, Mont

Planting burns, chiefly on city watersheds, in Colorado and Wyoming, nurseries at Monument, Colo., and near Cheyenne, Wyo.--. Planting burns in California, nursery at Susanville, Calif

$48, 000

35, 000

Planting chiefly old burns in Washington and Oregon, nursery near
Carson, Wash.........

15, 000

Planting open sandhills on the Nebraska National Forest, Nebr., nursery at Halsey, Nebr...

30, 000

17, 000

HR-71-2-vol. 2- - 72

Planting on the national forests in the Lake States, nurseries at Cass
Lake, Minn., and East Tawas, Mich..

Planting burns and abandoned fields in the national forests of the East
and South, chief nursery at Parsons, W. Va., and small nurseries else-
where...

Total....

1840, 000

125, 000

210, 000

On this scale of appropriations it is possible to plant between 20,000 and 25,000 acres annually. With over 2,000,000 acres needing planting, and with this area being increased in the Lake States and in the East through the acquisition of areas so badly burned or denuded that planting is necessary to make the land productive, it seems obvious that an expansion of the planting activity as proposed in the bill H. R. 5410, with the recommended amendment, is necessary. The last lines of section 2 would, if the bill were enacted, enable the department to use the appropriations when necessary for "additional protection, care, and improvement of the resulting plantations or young growth." It is necessary in some cases after the young trees have become established to free them from competition with worthless brush or tree weeds, or to give them special protection against fire through the construction of fire lines, or to meet emergencies caused by the unexpected development of pests, such as insects or diseases. Work of these kinds can frequently be done most advantageously by the temporary laborers hired for continuing the planting operation on near-by areas. Âuthority to use, for the purpose of preserving or improving plantations after their establishment, money appropriated in accordance with the authorizations proposed in this bill would be of aid in making national-forest plantations most productive.

Section 3 of the bill provides in brief that purchasers of national forest timber may be required by the terms of their contracts to make deposits of money which the department will use to assure the establishment of desirable stands of new growth on the area cut over, and to make refunds of any overpayments. The language of the section is analogous to that in the act of August 11, 1916 (39 Stat., 462), which authorizes similar deposits for the purpose of disposing of brush and other débris resulting from timber-cutting operations on national forests, which authority has greatly facilitated the work of this department in national forest administration. If section 3 is enacted into law, it will not be the plan to require such deposits from all purchasers but only to use the authority in those cases in which planting or the destruction of trees or brush which will interfere with desirable new growth is necessary in order to keep the land most productive.

R. Y. STUART, Forester.

The expenditures contemplated by the amended bill as suggested by the Acting Secretary of Agriculture would not be in conflict with the financial program of the President as evidenced by the letter of the Director of the Bureau of the Budget to the Secretary of Agriculture, dated February 21, 1930, and printed in full below:

BUREAU OF THE BUDGET,
February 21, 1930.

MY DEAR MR. SECRETARY: I have your letter of February 10, 1930, submitting a copy of your proposed report to the chairman of the Committee on Agriculture, House of Representatives, on H. R. 5410, entitled "A bill authorizing the Secretary of Agriculture to enlarge tree-planting operations on national forests east of the Rocky Mountains, and for other purposes," in which you recommend the enactment of the bill with certain amendments of the title and sections 1 and 2 whereby there would be authorized appropriations of not to exceed certain amounts for a period of six years and necessary amounts thereafter to provide for a tree-planting program for all national forests.

You are advised that the expenditures contemplated by your proposed amendment to this bill would not be in conflict with the financial program of the President.

Very truly yours,

The SECRETARY OF AGRICULTURE.

J. CLAWSON ROOP, Director.

1 The prospective increase of $15,000 in the appropriation for the fiscal year 1931 will be divided between these projects.

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