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AMENDING THE ACT PROVIDING FOR THE ADMISSION OF THE STATE OF IDAHO INTO THE UNION BY INCREASING THE PERIOD FOR WHICH LEASES MAY BE MADE OF PUBLIC LANDS GRANTED TO THE STATE BY SUCH ACT FOR EDUCATIONAL PURPOSES

JUNE 15, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. SANBORN. from the Committee on Public Lands. submitted the

following

REPORT

To accompany H. R. 4943|

The Committee on Public Lands, to whom was referred the bill (H. R. 4943) to amend the act providing for the admission of the State of Idaho into the Union by increasing the period for which leases may be made of public lands granted to the State by such act for educational purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

EXPLANATION OF THE BILL

H. R. 4943 amends the act providing for the admission of the State of Idaho into the Union by increasing the period for which leases may be made of public lands granted to the State for educational purposes. No expenditure of Federal funds is required.

This bill would amend section 5 of the enabling act for Idaho so as to permit the State to issue oil, gas, or other hydrocarbon leases on school lands granted to the State under the act, beyond the present 10-year limitation for so long thereafter as such product is produced. Section 5 of the enabling act authorized the leasing of the grant land for periods of not more than 5 years. Congress extended the grant to mineral lands under the act of January 25, 1927 (44 Stat. 1026. 43 U. S. C., sec. 870)

The act of February 6, 1942 (56 Stat. 48), amended the enabling act to authorize the issuance of leases for a term not longer than 10 years. This bill would eliminate the 10-year limitation with respect to the Issuance of oil, gas, or other hydrocarbon leases.

The amendment which would be made by this bill as to the term of mineral leases on school grant lands would tend to make it more in line with the provisions in section 17 of the Federal Mineral Leasing Act of February 25, 1920 (41 Stat. 437), as amended. Similar amendments have been made to the enabling act of other Western States, such as Montana and Washington.

The Committee on Public Lands believes that exploration work for oil and gas should be encouraged. Under the present 10-year restric tion, it is difficult to interest anyone in undertaking the expensive prospecting required.

The enactment of this legislation is recommended by the Department of the Interior, and Idaho State officials. The Idaho Legislature has memorialized Congress to enact this bill.

The Committee on Public Lands unanimously recommend the early passage of H. R. 4943.

Pursuant to the provisions of clause 2a, rule XIII, of the Rules of the House of Representatives, proposed changes in existing law are indicated below with the matter proposed to be omitted in black brackets, and the new matter proposed to be inserted in italic.

ACT OF FEBRUARY 3, 1890 (26 Stat. 215), AS AMENDED BY THE ACT OF FEBRUARY 6, 1942 (56 STAT. 48, CH. 36), An Act To Provide for the Admission of the STATE OF IDAHO INTO THE UNION

Second sentence of section 5:

But said lands may, under such regulations as the legislature shall prescribe. be leased for periods of not more than ten years, and in the case of an oil, gas, or other hydrocarbon lease, for as long thereafter as such product is produced.

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AUTHORIZING THE PURCHASE OF ADDITIONAL FARMING LAND FOR LEAVENWORTH PENITENTIARY

JUNE 15, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. HOBBS, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 4585]

The Committee on the Judiciary, to whom was referred the bill (H. R. 4585) to authorize the purchase of additional farming land for Leavenworth Penitentiary, having considered the same, report favorably thereon with an amendment and recommend that the bill do pass. The committee amendment is as follows:

At the end of the bill, page 1, line 8, change the period to a comma and add:

for use in connection with the operation of the United States penitentiary at Leavenworth, Kansas.

The purpose of this proposed legislation is to authorize the Attorney General to acquire approximately 640 acres of farming land for use in connection with the United States Penitentiary at Leavenworth, Kans. There is general authorization to provide for the expenditure of $35,000 a year for the purchase of land contiguous to the penitentiary, but the land on which an option is presently held is about 2 miles away from the borders of the penitentiary. Therefore, special legislation is needed. In a hearing before the subcommittee, the Director of Prisons, Hon. James V. Bennett, stated that the property is served by a developed road at the present time, so there would be no additional cost for roads or bridges.

The amendment was added to the bill to make clear that the land to be purchased is for the use of the penitentiary at Leavenworth, Kans.

There is set out below a summary statement of the Director of Prisons before Subcommittee No. 2 under date of June 1, 1949:

As stated in the Attorney General's transmittal letter to the Speaker of the House of Representatives, Leavenworth Penitentiary now has available for farming

purposes only 1,652 acres of land and is not able therewith to provide sufficient farm products to meet its requirements, particularly with respect to corn and beef. With the purchase of an additional 640 acres, we will be able to take a major step forward toward the goal of becoming self-sustaining at Leavenworth. Two hundred of the six hundred forty acres would be planted in corn and the majority of the remainder is available for pasture which would enable us to finish out feeder steers to a greater extent than we have in the past. eliminating the need for most of our commercial purchase of carcass beef.

The funds to be utilized for this purchase is a balance in our annual appropriation which expires June 30 and it is for this reason that we are urging prompt consideration both in the Senate-Senate bill 1730-and in the House as the option must be accepted by June 30, 1949, to obligate funds. Of course the option cannot be accepted until we receive congressional authorization through legislation. The enactment of the legislation was recommended by the acting assistant to the Attorney General in the following letter addressed to the Speaker of the House of Representatives:

DEPARTMENT OF JUSTICE,

OFFICE OF THE ASSISTANT TO THE ATTORNEY GENERAL,
Washington, April 12, 1949.

The SPEAKER, HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: The Department of Justice recommends the enactment of legislation authorizing the Attorney General to acquire on behalf of the United States approximately 640 acres of land for use in connection with the operation of the United States penitentiary at Leavenworth, Kans

At the present time the Leavenworth Penitentiary is farming approximately 1,652 acres of land, of which 835 acres are within the jurisdiction and control of the Department of Justice, 617 acres are farmed pursuant to revocable permit from the Department of the Army, and 200 acres are leased from private indi viduals. Nevertheless, the penitentiary is not able to provide sufficient farm products to meet all of its requirements, necessitating the expenditure of large sums of money to purchase sufficient produce to supplement its own production. Not only will the acquisition of the additional acreage effect a substantial saving in expenditures as a result of the increased production of farm produce for consumption within the penitentiary, but the land will serve as a valuable additional outlet for the employment of prisoners.

It is

The United States presently has an option which expires on November 1, 1949. for the purchase of acreage such as is required at a price of $50 per acre. the intention of this Department, if granted the authorization here requested, to exercise this option if a more advantageous purchase cannot be effected prior to that date.

A proposed bill to effectuate the foregoing recommendation is submitted for your consideration.

The Director of the Bureau of the Budget has advised that there is no objection to the submission of this recommendation.

Yours sincerely,

PETER CAMPBELL BROWN, Acting the Assistant to the Attorney General.

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