74TH CONGRESS 1st Session } SENATE { REPORT No. 287 TO FURTHER EXTEND THE PERIOD OF TIME DURING WHICH FINAL PROOF MAY BE OFFERED BY HOMESTEAD AND DESERT-LAND ENTRYMEN MARCH 4 (calendar day, MARCH 8), 1935.-Ordered to be printed Mr. WAGNER, from the Committee on Public Land and Surveys, submitted the following REPORT [To accompany S. 1065] The Committee on Public Lands and Surveys, to whom was referred the bill (S. 1065) to further extend the period of time during which final proof may be offered by homestead entrymen, having carefully considered same, report favorably thereon with the following amendment which was suggested by the Secretary of the Interior: Insert the words "and desert land" between the last two words of the title. Facts concerning the proposed legislation are set forth in the favorable report of the Secretary of the Interior, under date of February 8, which is herewith attached and made a part of this report. Hon. ROBERT F. WAGNER, INTERIOR DEpartment, Washington, February 8, 1935. Chairman Committee on Public Lands and Surveys, United States Senate. MY DEAR MR. CHAIRMAN: I have received your letter of January 18, with which you enclosed a copy of S. 1065, a bill to further extend the period of time during which final proof may be offered by homestead entrymen. The bill proposes to further amend the act of May 13, 1932 (47 Stat. 153), as amended by the act of June 16, 1933 (48 Stat. 274), by striking out December 31, 1934, and inserting in lieu thereof December 31, 1935. The proposed amendment would make the act read as follows: "That the Secretary of the Interior is hereby authorized to extend for not exceeding two years the period during which annual or final proof may be offered by any person who has a pending homestead or desert-land entry upon public lands of the United States on which at the date of this Act or any date on or prior to December 31, 1935, under existing law, annual or final proof is required, showing residence, cultivation, improvements, expenditures, or payment of pur chase money as the case may be: Provided, That any such entryman shall be required to show that it is a hardship upon himself to meet the requirements incidental to annual or final proof upon the date required by existing law due to adverse weather or economic conditions: And provided further, That this Act shall apply only to cases where adequate relief is not available under existing law. "SEC. 2. The Secretary of the Interior is authorized to make such rules and regulations as are necessary to carry out the purposes of this Act." It is apparent that the benefits of the proposed bill are intended to be made available to desert land entrymen as well as to homestead entrymen. I therefore recommend that the words "and desert land" be inserted between the last two words of the title so as to make same read as follows: To further extend the period of time during which final proof may be offered by homestead and desert land entryman. The contemplated relief appears meritorious, and I therefore recommend that the bill be enacted into law. Sincerely yours. HAROLD L. ICKES, MARCH 4 (calendar day, MARCH 8), 1935.-Ordered to be printed Mr. SMITH, from the Committee on Agriculture and Forestry, submitted the following REPORT [To accompany H. R. 5221] The Committee on Agriculture and Forestry, to whom was referred the bill (H. R. 5221) to amend the Agricultural Adjustment Act with respect to rice, and for other purposes, having considered the same, report thereon with amendments, and as so amended recommend that the bill do pass. The committee amendments are as follows: On page 1, line 10, strike out "March 15" and insert in lieu thereof "April 1". Ôn page 2, line 2, strike out "March 15" and insert in lieu thereof "April 1". On page 2, line 17, strike out "March 15" and insert in lieu thereof "April 1". On page 3, line 23, strike out "and" and insert in lieu thereof a comma. On page 3, line 24, strike out "for the" and insert in lieu thereof "directly for a". On page 4, line 3, after the word "for", and preceding the comma following that word, insert "by application then pending". On page 4, strike out lines 18 to 24, both inclusive, and insert in lieu thereof a new section as follows: SEC. 7. Subsection (1) of section 8 of the Agricultural Adjustment Act, as amended, is amended by inserting at the end of the first sentence thereof the following new sentence: "In the case of rice, the Secretary, in exercising the discretion conferred upon him by this section to provide for rental or benefit payments, is directed to provide in any agreement entered into by him with any rice producer pursuant to this section, upon such terms and conditions as the Secretary determines will best effectuate the declared policy of the Act, that the producer may pledge for production credit in whole or in part his right to any rental or benefit payments under the terms of such agreement and that such producer may designate therein a payee to receive such rental or benefit payments." On page 5, line 7, insert after the word "tax" (to be included within the parentheses) a comma and the following: and provided no tax payment warrant has been previously issued with respect thereto or previously applied for by application then pending. On page 5, line 8, after the word "thereof" and preceding the comma following that word insert "at the rate in effect at the time of such issuance". On page 5, line 10, strike out "March 15" and insert in lieu thereof "March 31". On page 5, line 10, insert after "to" a comma and "or at the direction of". On page 5, line 11, strike out "March" and insert in lieu thereof "April". On page 5, line 12, strike out "15" and insert in lieu thereof "1". On page 5, lines 13 and 14, strike out the following: "(and with respect to which no tax payment warrant has been previously issued or applied for)". On page 5, line 17, strike out "he" and insert in lieu thereof “such processor or other person". On page 5, line 23, strike out "March 15" and insert in lieu thereof "April 1". On page 6, line 5, strike out "March 15" and insert in lieu thereof "April 1". On page 6, line 8, after "cover" insert "the tax on". On page 6, line 9, after the word "rice" and preceding the comma following that word insert "at the rate in effect at the time title was so transferred". On page 6, line 16, strike out "and redemption". On page 6, line 24, after the semicolon following "1934" add the word "and". On page 7, strike out lines 1 to 5, both inclusive. On page 7, line 6, strike out "(3)" and insert in lieu thereof “(2)” On page 7, line 10, after the comma following the word "in" insert "or". On page 7, line 11, strike out the comma and "or redeems". On page 7, line 11, after "warrant" insert "or the right of any person thereto ". On page 8, line 18, strike out "use, and/or redemption" and insert in lieu thereof "and/or use". On page 8, line 23, strike out "redemption" and insert in lieu thereof "transfer". On page 9, line 11, strike out the period following the word "commodities" and insert in lieu thereof a semicolon and the following: "and (2)." On page 10, line 3, strike out everything after the semicolon following the word "paid" and insert in lieu thereof the following: and with respect to any refund authorized under this section, the amount scheduled by the Commissioner of Internal Revenue for refunding shall be paid, any provision of law notwithstanding. EXPLANATION OF THE BILL This bill has been considered and passed by the House of Representatives and in view of the emergency existing with reference to this commodity, the committee fees that prompt action is necessary in order to carry out certain commitments of the Department of Agriculture. The proposed bill specifically provides for the following: (1) The levying of a processing tax beginning April 1, 1935. Without such provision in the law, a processing tax could not be made effective until the beginning of the next marketing year, August 1, 1935. (2) The issuance of tax-payment warrants to growers who hold rough rice from the 1933 and 1934 crops and to millers holding stocks of rough rice which have been purchased at the prices specified in the existing marketing agreements and licenses. These warrants may be used in the payment of the processing tax. (3) The elimination of a floor-stocks tax on clean rice now in the hands of millers, jobbers, retailers, or others in the trade who have stocks on hand in order to exempt from the tax all old-crop rice. The necessity for dealing with rice in the manner proposed in the bill lies in the fact that prices have been maintained during the current marketing season through marketing agreements and licenses at a level almost 1 cent per pound above world prices. In order to move the surplus into the channels of trade, it would probably be necessary to either terminate the marketing agreements and licenses at the effective date of the processing tax or reduce the prices specified in them. In either case it is expected that the market price would decline to the world-price level. If growers should not receive taxpayment warrants covering unsold rice, they would receive only the market price which would mean that those growers who had not sold prior to that time would receive substantially less than those growers who had sold. This would be inequitable. Unless the floor-stocks tax is eliminated and millers are issued tax-payment warrants covering rough rice purchased at prices specified in marketing agreements and licenses, practically no purchases would be made until the effective date of the tax. This would result in disorderly marketing conditions and would affect growers' interests adversely. Also, it would mean that those millers holding large stocks would be penalized. Should a floor-stocks tax be collected in the rice industry, the costs of the particular lots of rice held by millers and others in the trade at the time the processing tax becomes effective would be substantially more than the cost of rice sold by them prior to and purchased by them following the effective date of the tax. S. Repts., 74-1, vol. 1--21 |