AMENDING SECTION 5 OF THE ACT APPROVED JULY 10, 1890, AS AMENDED, RELATING TO THE ADMISSION INTO THE UNION OF THE STATE OF WYOMING, SO AS TO PERMIT THE LEASING OF SCHOOL LANDS WITHIN SUCH STATE FOR MINERAL PURPOSES FOR TERMS IN EXCESS OF 10 YEARS JUNE 20, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. PETERSON, from the Committee on Public Lands, submitted the following REPORT [To accompany H. R. 2678) The Committee on Public Lands, to whom was referred the bill (H. R. 2678) to amend section 5 of the act approved July 10, 1890, as amended, relating to the admission into the Union of the State of Wyoming, so as to permit the leasing of school lands within such State for mineral purposes for terms in excess of 10 years, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. EXPLANATION OF THE BILL H. R. 2678 would amend section 5 of the act providing for the admission of the State of Wyoming into the Union so as to permit Wyoming to issue mineral leases for periods of over 10 years on land granted to the State by said act. No expenditure of Federal funds is required. This bill would permit the State to issue mineral leases on school land granted to the State under the enabling act beyond the present 10-year limitation for so long thereafter as mineral production continues. This conforms to the provisions in section 17 of the Federal Mineral Leasing Act of February 25, 1920 (41 Stat. 437), as amended. A similar amendment has been made to the respective enabling acts of Montana and Washington and is proposed for the State of Idaho. Pertinent comments from the favorable report of the Department of the Interior are set forth below and are made part of this report: This is in reply to the request of your committee for a report on H. R. 2678, a bill to amend section 5 of the act approved July 10, 1890, as amended, relating to the admission into the Union of the State of Wyoming, so as to permit the leasing of school lands within such State for mineral purposes for terms in excess of 10 years This is a companion bill to S. 805 I have no objection to the enactment of the bill. H. R. 2678 would amend section 5 of the enabling act for Wyoming (act of July 10, 1890, 26 Stat. 222) so as to permit Wyoming to issue mineral leases for periods of over 10 years on land granted to that State by the said act At present the term of such leases on the grant lands may not exceed 10 years. Section 4 of the enabling act granted to Wyoming sections 16 and 36 in every township for the support of the common schools Section 5 of the enabling act authorized the leasing of the grant lands for periods of not more than 5 years. Under section 13 of that act, mineral lands were exempted from the grant but 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 25, 1934 (48 Stat. 350) amended the enabling act to authorize the issuance of mineral and other leases for a term not longer than 10 years instead of the 5-year limitation in section 5 of the original enabling act. This bill would eliminate all limitations with respect to the term of mineral leases. The statutory limitation in the act of July 10, 1890, as amended, with respect to the term of mineral leases is in conformity with the former provisions of section 17 of the Federal Mineral Leasing Act of February 25, 1920 (41 Stat. 437), as amended March 4, 1931 (46 Stat. 1523). The limitation provision in the Mineral Leasing Act has been amended, however, by the act of August 21, 1935 (49 Stat. 674), and the act of August 8, 1946 (60 Stat. 951; 30 U S. C., sec. 226), so that section 17 of the Mineral Leasing Act now provides that oil and gas leases shall be issued for a definite term and shall continue so long thereafter as oil or gas is produced in paying quantities. I know of no reason which would militate against eliminating the existing provision which limits the term for mineral leases on school lands, as has already been done with respect to oil and gas leases on the public domain. Since this Department does not have jurisdiction over the lands after the State's title has become fixed, however, I feel that the matter of liberalizing the enabling act poses a policy question for congressional rather than departmental consideration. Enactment of H. R. 2678 is unanimously recommended by the Committee on Public Lands. RAMSEYER RULE 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 italics: SECTION 5 OF THE ACT OF JULY 10, 1890 (28 Stat. 664), AS AMENDED February 15, 1934 (48 STAT. 350) That all lands herein granted for educational purposes shall be disposed of only at public sale, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legislature shall prescribe, be leased for mineral, grazing, agricultural, or other purposes, provided that the term of agricultural and grazing leases shall not exceed 10 years; [mineral leases includ ing leases for exploration for oil and gas and the extraction thereof for a term not longer than ten years;] and such land shall not be subject to preemption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only. PROVIDING FOR THE CONVEYANCE TO THE STATE OF NEW YORK OF CERTAIN HISTORIC PROPERTY SITUATED WITHIN FORT NIAGARA STATE PARK JUNE 20, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. PETERSON, from the Committee on Public Lands, submitted the following REPORT (To accompany H. R. 4073] The Committee on Public Lands, to whom was referred the bill (H. R. 4073) to provide for the conveyance to the State of New York of certain historic property situated within Fort Niagara State Park, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. EXPLANATION OF THE BILL H. R. 4073 authorizes the Secretary of the Interior to transfer to the State of New York a tract of land containing 0.0074 acre on which stands the Father Millet Cross National Monument. No expenditure of Federal funds is required. The Department of the Interior recommends that this bill be enacted. The monument is situated in the middle of Fort Niagara State Park and could be more efficiently administered by the State of New York than by the Federal Government. The following report of the Department of the Interior explains in full the purpose of the bill: Hon. J. HARDIN PETERSON, DEPARTMENT OF THE INTERIOR, Chairman, Committee on Public Lands, OFFICE OF THE SECRETARY, Washington 25, D. C., June 3, 1949. House of Representatives. MY DEAR MR. PETERSON: Your committee has requested a report on H. R. 4073, entitled "A bill to provide for the conveyance to the State of New York of certain historic property situated within Fort Niagara State Park, and for other purposes." This bill would authorize the transfer to the State of New York of the tract of land, containing 0.0074 acre, and appurtenances thereon comprising the Father Millet Cross National Monument. The monument is situated in the middle of Fort Niagara State Park. We recommend the enactment of this proposed legislation. Father Millet Cross National Monument was established on September 5, 1925, by Presidential Proclamation pursuant to the so-called Antiquities Act of June 8, 1906 (34 Stat. 225). It commemorates Father Pierre Millet, seventeenth century missionary to the Indians, who first erected a cross on that site in 1688. Administrative jurisdiction over the monument was transferred from the War Department to this Department by Executive order in 1933 as part of the President's reorganization program However, it has never been practicable to assign personnel to the area or to undertake any program of development and it has become evident that this small area might more appropriately be administered by a local agency. Now that the State of New York administers the Fort Niagara State Park, which surrounds the monument, it would seem that the best public interest would be served if the monument property were to become a part of the State area. We are advised by the Bureau of the Budget that there is no objection to the submission of this report to your committee. Sincerely yours, OSCAR L. CHAPMAN, Under Secretary of the Interior. Enactment of H. R. 4073 is unanimously recommended by the Committee on Public Lands. O |