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SENATE

74TH CONGRESS

1st Session

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REPORT
No. 16

TO AMEND THE MINING ACT OF MAY 10, 1872, AS

AMENDED

JANUARY 21, 1935.-Ordered to be printed

Mr. Logan, from the Committee on Mines and Mining, submitted

the following

REPORT

[To accompany S. 575)

The Committee on Mines and Mining, to whom was referred a bill (S. 575) to amend the Mining Act of May 10, 1872, as amended, have considered the same and report thereon with amendments, and as so amended recommend that the bill do pass.

Amend by inserting after the word "Where” in line 5 on page 1 and before the word "land" the word "unreserved".

The bill provides for the location and patenting of certain lands of the United States and Alaska for mill sites and for landing fields and for airports. The provisions of the bill are explained in a letter from the Federal Power Commission to the Honorable William E. Borah of March 8, 1934, which is as follows:

FEDERAL POWER COMMISSION,

Washington, March 8, 1934. Hon. WILLIAM E. BORAH,

United States Senate, Washington, D. C. DEAR SENATOR BORAH: My attention is called to the bill S. 2836, introduced by you February 20 and referred to the Committee on Mines and Mining, which provides for location and patenting of certain lands of the United States for mill sites and for landing fields and for airports. The bill does not exclude reserved lands, and, should it become law, might expose many valuable power sites of the Government to entry and patent as mill sites. And, while 20 acres, as allowed in the bill for a single claim, might appear to be too small for landing-field purposes, it would be possible, through collusion of a number of persons, to acquire the necessary acreage for such purposes. Land suitable for landing sites would probably be comparatively level, and it may easily happen that they would lie upon the floor of an important reservoir site, reserved to the Government. If patented they might acquire a great "nuisance value" which would prove a practical hindrance to the subsequent development of power, irrigation, or flood control.

To guard against such consequences, may I suggest for your consideration that the bill be amended by inserting the word "unreserved” after the word "where" in line 5, page 1, of the bill.

If the objection may occur to you that landing fields may be desired on reserved lands it seems to me that this objection might be satisfactorily met by the addition of a section providing for leasing, by the Secretary of the department concerned, of lands needed for such purposes.

The amendments suggested would seem to preserve and protect power resources without impairing the other purposes of your bill, and it is hoped that these suggestions may commend themselves to your favorable consideration. Cordially yours,

FRANK R. McNinch, Chairman. The letter of the Secretary of the Interior, bearing date April 10, 1934, addressed to the chairman of the Committee on Mines and Mining, is as follows:

DEPARTMENT OF THE INTERIOR,

Washington, April 10, 1934. Hon. M. M. Logan, Chairman Committee on Mines and Mining,

United States Senale. MY DEAR SENATOR LOGAN: By letter of March 19 you submitted for report a copy of S. 2836, entitled "A bill to amend the Mining Act of May 10, 1872, as amended.” The bill would amend section 2337, United States Revised Statutes to provide for location "as mill site claims” of not exceeding 20 acres of public land for the purpose of ore-reduction works or other equipment for working and treatment of ores, "including landing fields and airports”, payment to the United States to be made within 5 years from date of location, and full payment for the claim to be made at the rate of $5 per acre or fraction thereof.

Section 2337, which is a part of the Mining Act of May 10, 1872, authorizes patents for not exceeding 5 acres of nonmineral land used and occupied by the owner of a mining claim for mining and milling purposes, or by the owner of a quartz mill or reduction works on the land. Mill sites under this section are auxiliaries to the working of mining claims, and the right of possession before patent is obtained is dependent upon actual occupancy and use for mining and milling purposes. The purchase price is $5 per acre. This provision of the mining law serves a useful purpose, and I know of no reason for a change thereof. Under it the owner of a mining claim or group of claims can locate and hold a mill site for the convenient working of the claims and w thout making any payment or securing patent until he desires to patent his mining claims. A tract of 5 acres may ordinarily be sufficient, but the owner of a group of claims can locate and hold such number of mill sites as will satisfy his needs.

Since landing fields and airports have little relevancy to mining operations, it does not seem appropriate to attempt to accomplish the purpose of this bill by amending a section of the mining laws. If Congress considers that there is a need for legislation authorizing the acquisition of lands for private landing fields and airports, it would appear that this should be effected by an independent measure. Provision for leasing public lands for use as public airports, and for their withdrawal for the establishment of beacon lights and other air-navigation facilities, is made by the act of May 24, 1928 (45 Stat. 728). I recommend that the bill be not enacted. Sincerely yours,

HAROLD L. ICKES, Secretary of the Interior.

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Mr. PITTMAN, from the Committee on Foreign Relations, submitted

the following

REPORT

· [To accompany S. 411)

The Senate Committee on Foreign Relations, having had under consideration the bill (S. 411) to authorize an annual appropriation of $10,000 to pay the pro rata share of the United States of the expenses of the Pan American Institute of Geography and History at Mexico City, report the same without amendment and recommend that it do pass.

For the information of the Senate, there is attached hereto a letter under date of June 7, 1934, to the chairman, from Hon. Wilbur J. Carr, Assistant Secretary of State, together with an explanatory statement mentioned in Mr. Carr's letter setting forth the reasons for this legislation, which letter and statement are, respectively, as follows:

DEPARTMENT OF STATE,

Washington, D. C., June 7, 1934. Hon. KEY PITTMAN,

Chairman Committee on Foreign Relations, United States Senate. MY DEAR SENATOR: Pursuant to Secretary Hull's conversation with you over the telephone this morning, I enclose:

1. Draft of a bill to authorize an annual appropriation of $10,000 to pay the pro rata share of the United States of the expenses of the Pan American Institute of Geography and History at Mexico City.

2. An explanatory statement briefly setting forth the reasons for this legislation.

Secretary Hull would be grateful if you would introduce the bill in the Senate and for anything which you may be able to do to insure its enactment. Sincerely yours,

WILBUR J. CARR.

8. Repts., 74-1, vol. 1

JUNE 7, 1934. Memorandum-The Pan American Institute of Geography and History.

The Sixth International Conference of American States, held at Habana, Cuba, from January 16 to February 20, 1928, adopted a resolution

1. To create a Pan American Institute of Geography and History.

2. The purpose of the Institute should be to serve for the coordination, distri bution, and publication of geographical and historical studies in the American States and to serve as an organ of cooperation between the geographical and historical institutes of America in order to facilitate the study of the publications which concern geography and history and to initiate and coordinate investigations which require the cooperation of several countries and to direct scientific discussion.

3. The Institute should be formed by all the American States represented through a delegation named by each Government, each delegation being entitled to one vote.

4. The Institute to be financially supported through annual quotas to be fixed by the assembly of the Institute itself, with the approval of the respective Governments.

5. Publications of the Institute would be required to be in the Spanish, English, French, and Portuguese languages.

By the subsequent action of the governing board of the Pan American Union, Mexico City was designated as the seat of the Institute, and the Government of Mexico erected a building to accommodate the organization.

In September 1929 the preliminary assembly of the Institute was held at Mexico City.

In December 1932 the first congress of the Institute met at Rio de Janeiro, at which meeting the statutes of the Institute were modified to provide for quotas of $200 for countries with less than 2,000,000 population to $10,000 for countries of 50,000,000 or more inhabitants. Under the statutes approved at the congress of Rio de Janeiro the annual quota of the United States would be $10,000.

The Government of Mexico has erected a building to accommodate the Institute and, with the exception of one annual quota received from Brazil, the Dominican Republic, and Honduras, has met all the expense of maintaining the Institute since its organization.

Since its inception the Institute has prepared a topographical map of Honduras and arranged for sessions which were held at Mexico City in 1929 and at Rio de Janeiro in 1932.

This is the first organization of a Pan American character to be established in Mexico. In view of the very generous provision made by Mexico for the Institute and the appropriate and handsome building which it has erected for the use of the Institute, the fact that the next meeting of the inter-American delegates to the Institute is scheduled to take place at Washington in 1935 and the gratification with which Mexico, as well as the other members of the Pan American Union would view the support of the project by the United States, it is believed to be important that the Congress should enact legislation authorizing an annual contribution of $10,000 to the support of the Institute.

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