United States Congressional Serial Set

The Public Lands Committee, which has had under consideration H. R. 10668, being a bill to repeal section 4 of the act of Congress approved June 11, 1906, returns said bill with recommendation that certain amendments be adopted and that as so amended the bill pass. That before the word "be," in line 6, the following be inserted: "as amended by the act of February eighth, nineteen hundred and seven (Statutes at Large, volume thirty-four, page eight hundred and eighty-three), and by the act of July third, nineteen hundred and twelve (Statutes at Large, volume thirty-seven, page two hundred and thirty-nine)."

Strike out the word "Provided," in line 6.

Strike out the word "that" in line 7 and insert in lieu thereof the word "all"; and in said line 7 strike out the words "forest reserves" and insert in lieu thereof the words "a national forest."

Insert after the word "shall," in line 8, the words "be and." In line 10, after the word "six," add the words "and acts amendatory thereof and supplementary thereto."

The act of June 11, 1906, permitted the making of homestead entries on agricultural lands within national forests, and but one exception was made in that general forest reserve homestead bill. Section 4 eliminated the right to file homestead entries in the Black Hills. Forest Reserve in Lawrence and Pennington Counties in South Dakota to persons occupying lands therein prior to January 1, 1906. The act of February 8, 1907 (34 Stat., 883), and the act of July 3, 1912 (37 Stat., 188), raised the elimination with respect to certain townships within the reserve, and it is now proposed to entirely do away with this one exception and put all agricultural lands in forest

reserves in Lawrence and Pennington Counties in South Dakota under the general provisions of the forest reserve homestead act as are the agricultural lands of other forest reserves.

There is added to and made a part of this report letters from the honorable Secretary of the Interior and the honorable Secretary of Agriculture.

DEPARTMENT OF THE INTERIOR,

Washington, February 23, 1916.

Hon. SCOTT FERRIS,

Chairman Committee on the Public Lands,

House of Representatives.

MY DEAR MR. FERRIS: I have the honor to acknowledge receipt of H. R. 10668, proposing the repeal of section 4 of the act of June 11, 1906 (34 Stat., 233), which reads as follows:

"That no homestead settlements or entries shall be allowed in that portion of the Black Hills Forest Reserve in Lawrence and Pennington Counties in South Dakota except to persons occupying lands therein prior to January first, nineteen hundred and six, and the provisions of this act shall apply to the said counties in said reserve only so far as is necessary to give and perfect title of such settlers or occupants to lands chiefly valuable for agriculture therein occupied or claimed by them prior to the said date, and all homestead entries under this act in said counties in said reserve shall be described by metes and bounds survey."

The said act of June 11, 1906, grants to the Secretary of Agriculture the authority to examine and list agricultural tracts within national forests, and it is suggested if this has not already been done that the Secretary of Agriculture be called upon for a report on the said bill. Attention is called to the fact that the said section 4 not only prevents the making of homestead entries therein by persons other than those who Occupied the lands prior to January 1, 1906, but it also provides that all homestead entries within Lawrence and Pennington Counties within Black Hills National Forest shall be described by metes and bounds survey. Reference is also made to the act

of February 8, 1907 (34 Stat., 883), and the act of July 3, 1912 (37 Stat., 188), amending said section 4, act of June 11, 1906, so as to permit the listing and homestead entry within certain portions of said counties by persons other than those who occupied the lands so listed and restored, prior to January 1, 1906.

This department sees no reason why said H. R. 10668 should not be enacted into law.
Cordially, yours,
FRANKLIN K. LANE, Secretary.

Hon. SCOTT FERRIS,

FEBRUARY 21, 1916.

Chairman Committee on the Public Lands,

House of Representatives.

DEAR MR. FERRIS: Receipt is acknowledged of a copy of bill (H. R. 10668) relating to the repeal of section 4 of the act of June 11, 1906 (34 Stat., 233), inclosed with your letter of February 5, 1916, requesting that the department submit a report thereon, together with suggestions and recommendations as it may desire to make.

There is no objection by the department to the repeal of section 4 of the act of June 11, 1906. It is understood that this section was originally intended to safeguard placer mining interests in the Black Hills region. Such caution does not appear to be necessary, and it would be possible to open to homestead entry a number of tracts of agricultural land in that region if the special limitation of the forest homestead act, contained in section 4, were repealed.

Section 4 of the act of June 11, 1906, has been amended by the act of February 8, 1907 (34 Stat., 883), and by the act of July 3, 1912 (37 Stat., 188). It is therefore suggested that after the words "forest reserves," appearing in lines 5 and 6, the following be added: "as amended by the act of February eighth, nineteen hundred and seven (Statutes at Large, volume thirty-four, page eight hundred and eighty-three), and by the act of July third, nineteen hundred and twelve (Statutes at Large, volume thirty-seven, page two hundred and thirty-nine)."

It is also suggested that a period be substituted for the colon after" repealed," in line 6, and that "Provided," in the same line, be canceled.

In line 7 it is suggested that the word "all" be substituted for "that," and that "a national forest" be substituted for "forest reserves" in the same line.

Since the lands within the national forests in Pennington and Lawrence Counties, except as excluded by the acts of February 8, 1907, and July 3, 1912, have never been subject to the general provisions of the act of June 11, 1906, it is suggested that "be and" be inserted after the word "shall" in line 8.

Certain provisions of the act of August 10, 1912 (37 Stat., 287), relate to lands listed under the act of June 11, 1906, and in order that there may be no possible doubt as to the purport of the last part of the bill, it is suggested that a comma be substituted for the period after the word "six" in line 10, and that the following be added: "and acts amendatory thereof and supplementary thereto."

In this connection attention is called to the fact that there is now pending before your committee a measure (H. R. 8807) providing for the reservation of necessary rights of way across lands opened to entry under the forest homestead act. Consideration has been given to the advisability of directly providing in this measure for the reservation of necessary rights of way across the lands which this bill is designed to open to homestead entry. However, in the interest of simplicity of legislation, it has been considered best to leave this proviso to be taken care of by the general measure now before your committee. Therefore, with the addition of the words suggested in the preceding paragraph, this measure meets with the hearty approval of this department, it being clearly understood that this recommendation is not inconsistent with the approval of H. R. 8807 and the view expressed regarding its urgency.

Very truly, yours,

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United States Congressional Serial Set, Ausgabe 6904