AMENDING THE FOURTH AND FIFTH PROVISOS OF SECTION 2 OF THE ACT ENTITLED "AN ACT TO PROMOTE THE MINING OF COAL, PHOSPHATE, OIL, OIL SHALE, GAS, AND SODIUM ON THE PUBLIC DOMAIN" MAY 29, 1944.- Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. BARRETT, from the Committee on the Public Lands, submitted the following REPORT [To accompany S. 1335] The Committee on the Public Lands, to whom was referred the bill (S. 1335) to amend the fourth and fifth provisos of section 2 of the act entitled "An act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain", approved February 25, 1920 (41 Stat. 437, 438; 30 U. S. C., secs. 201, 202), having considered the same, report favorably thereon without amendment and recommend that the bill do pass. EXPLANATION OF THE BILL S. 1335 was referred to the House Committee on the Public Lands after it had been amended in the Senate Committee on Public Lands and Surveys and passed the Senate. Under the provisions of section 2 of the Mineral Leasing Act of February 25, 1920 (41 Stat. 437, 438; 30 U. S. C., secs. 201, 202), a railroad can receive or hold a permit for each 200 miles of railroad line but the permit for each 200 miles must be in the State within which the said 200 miles is located. There is no limit on the acreage which the railroad company can hold at the present time. Under this bill the limitation is on the acreage rather than the number of miles and brings it in line with previous amendments to the Mineral Leasing Act. The need of coal for railroad transportation is particularly acute at the present time and the proposed modification of the limitation was suggested in the belief that it would facilitate the operation of railroads which use coal for fuel. The bill was amended by the Senate committee in accordance with the recommendations of the Secretary of the Interior whose report is hereinbelow set forth in full and made a part of this report. Hon. CARL A. HATCH, THE SECRETARY OF THE INTERIOR, Chairman, Committee on Public Lands and Surveys, United States Senate. MY DEAR SENATOR HATCH: Further reference is made to your letter of July 13, requesting a report on S. 1335, a bill "To amend the act entitled 'An act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain', as amended." The purpose of the bill is to remove the limitation as to the maximum number of coal leases or permits which may be held by a company or corporation operating a common carrier railroad in any State, and to limit the total area that such companies or corporations may lease in all States to 10,240 acres. This proposal in placing the limitation on acreage rather than on the number of leases conforms with the amendment to section 27 of the Mineral Leasing Act of February 25, 1920 (41 Stat. 437), made by the act of April 30, 1926 (44 Stat. 373), which effected a corresponding change as to mineral leases other than those held by railroad companies under the coal provisions of the act. Furthermore, the proposed amendment would afford the railroad companies a better opportunity to obtain coal deposits suited to their particular needs. To accomplish the objective, it is unnecessary to amend in its entirety section 2 of the act of February 25, 1920 (30 U. S. C., secs. 201, 202). It may be achieved merely by amending the fourth and fifth provisos of the section. The context of the bill differs in some respects from the language of section 2 so far as it relates to the other provisions of the section, but a revision of these other provisions is unnecessary, and the bill, accordingly, should be confined to an amendment of the fourth and fifth provisos. The bill also contains a provision relative to extensions of coal permits. Such a provision should have been omitted since the act of March 9, 1928 (45 Stat. 251, 30 U. S. C., sec. 201a), authorizes the Secretary of the Interior to grant an extension of time for a period of 2 years on any coal permit issued under section 2 of the act of February 25, 1920, supra. I shall interpose no objection to the enactment of legislation to amend the fourth and fifth provisos of the section in question for the purpose specified herein. A draft of such legislation is transmitted herewith and it is recommended that its provisions be substituted for the present title and text of S. 1335. The Bureau of the Budget has informed me that there is no objection to the presentation of this report or to the proposed legislation to amend the fourth and fifth provisos of section 2 of the act of February 25, 1920, supra. Sincerely yours, HAROLD L. ICKES, Secretary of the Interior. The committee went into it rather thoroughly and it appeared that this solution was fair and just. CHANGES IN EXISTING LAW In accordance with clause 2a of rule XIII of the House of Representatives, proposed changes in existing law are indicated below, with matter proposed to be omitted shown in black brackets and new matter proposed to be inserted printed in italics. And provided further, That no company or corporation operating a commoncarrier railroad shall be given or hold a permit or lease under the provisions of this Act for any coal deposits except for its own use for railroad purposes; and such limitations of use shall be expressed in all permits and leases issued to such companies or corporations; and no such company or corporation shall receive or hold under permit or lease more than ten thousand two hundred and forty acres in the aggregate nor more than one permit or lease for each two hundred miles of its railroad lines served or to be served from such coal deposits [within the State in which said property is situated,] exclusive of spurs or switches and exclusive of branch lines built to connect the leased coal with the railroad, and also exclusive of parts of the railroad operated mainly by power produced otherwise than by steam: And provided further, That nothing [herein] in this section shall preclude such a railroad of less than two hundred miles in length from securing [and holding] one permit or lease [hereunder] thereunder but no railroad shall hold a permit or lease for lands in any State in which it does not operate main or branch lines. о AUTHORIZING THE ACQUISITION, REHABILITATION, AND OPERATION OF THE FACILITIES FOR THE PUBLIC IN THE OLYMPIC NATIONAL PARK, WASH. MAY 29, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. PETERSON of Florida, from the Committee on the Public Lands, submitted the following REPORT [To accompany H. R. 1654) The Committee on the Public Lands, to whom was referred the bill (H. R. 1654) to authorize the acquisition, rehabilitation, and operation of the facilities for the public in the Olympic National Park, in the State of Washington, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: After the enacting clause and beginning on line 3, page 1, with the word "That" strike out the entire bill through the word "Company" on page 2, line 21 and insert the following: That the Secretary of the Interior is hereby authorized, in his discretion, to acquire by purchase at prices deemed by him reasonable, the buildings, structures, furniture, fixtures, and any other real or personal property of the Olympic Recreation Company and the Olympic Chalet Company within the Olympic National Park in the State of Washington. SEC. 2. That for the purposes of this Act, there is hereby authorized to be appropriated not to exceed the sum of $35,000. EXPLANATION OF THE BILL The proposed legislation would authorize the Secretary of the Interior to acquire certain private resort properties in the Olympic National Park which were constructed prior to the establishment of the park. Acquisition of these properties by the Federal Government would promote the efficient administration of the park generally. Their continued ownership and use for private purposes are not consistent with the establishment and administration of the Olympic National Park as a wilderness area. H. Repts., 78-2, vol. 3- -74 The bill was amended by the committee so as to include the property owned by the Olympic Recreation Co. in the park along with that property owned by the Olympic Chalet Co. The amendment was agreeable to the Representative who introduced the bill. This legislation would authorize the Secretary of the Interior, in his discretion, to acquire the property at prices deemed to be reasonable and if the prices were not reasonable he would not be compelled to buy it and at the same time it limits the amount of the appropriation. A letter from the Secretary of the Interior addressed to the chairman of the Committee on the Public Lands advised that he had no objection to the passage of the bill, if amended, said letter being herein below made a part of this report. Hon. J. HARDIN PETERSON, Chairman, Committee on the Public Lands, House of Representatives, Washington, D. C. MY DEAR MR. PETERSON: Further reference is made to the request of your committee for a report on H. R. 1654, entitled "A bill to authorize the acquisition, rehabilitation, and operation of the facilities for the public in the Olympic National Park, in the State of Washington, and for other purposes." If H. R. 1654 receives favorable consideration by the Congress, I recommend that it be amended in accordance with the enclosed revised draft of the bill. In the event of enactment, it is not planned by this Department to request an appropriation for the purposes in question until after the war. This proposed legislation would authorize the Secretary of the Interior to acquire certain private resort properties in the Olympic National Park which were constructed prior to the establishment of the park. While H. R. 1654 would authorize the purchase of the property of one concern, the Olympic Chalet Co., the revised draft of bill, submitted herewith, provides also for the purchase of similar property owned by the Olympic Recreation Co. in the park. Acquisition of these properties by the Federal Government would promote the efficient administration of the park generally. Their continued ownership and use for private purposes are not consistent with the establishment and administration of the Olympic National Park as a wilderness area. It is understood by this Department that the private owners are agreeable to Federal acquisition of their holdings in the park. The sum of $35,000 provided in the bill would appear to be adequate for this purpose. However, before funds are appropriated, it would be advisable to make an appraisal of the holdings. The revised draft of the bill does not contain those provisions which are contained in H. R. 1654 that relate to the operation of the facilities to be acquired or those provisions in the bill which would establish certain requirements with regard to the granting of privileges within the park. I believe that the existing statute with regard to such matters, the act of August 25, 1916 (39 Stat. 535; 16 U. S. C., sec. 3), as amended, should continue for the present to be followed in the granting of privileges in the national parks. This report has been submitted to the Bureau of the Budget and I have been advised by that Bureau that the enactment of the legislation, either in the form proposed in H. R. 1654 or if revised as suggested by the substitute draft of bill, would not be in accord with the program of the President. Sincerely yours, HAROLD L. ICKES, Secretary of the Interior. The suggested amendment is as follows and is included in this bill: A BILL To authorize the acquisition of certain privately owned property within the Olympic National Park, in the State of Washington, 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 the Interior is hereby authorized, in his discretion, to acquire by purchase at prices deemed by him reasonable, the buildings, structures, furniture, fixtures, and any other real or personal property of the Olympic Recreation Company and the Olympic Chalet Company within the Olympic National Park in the State of Washington. SEC. 2. That for the purposes of this Act, there is hereby authorized to be appropriated not to exceed the sum of $35,000. |