Mr. BUCHANAN. In this book it says "Acquisition of land." That would carry the idea that the $175,000 is solely for the acquisition of land. Mr. ANDERSON. Yes, sir; but the acquisition of land includes an examination of the land in the first place, the mapping of it, negotiations with the owner, title work, and so on. Mr. BUCHANAN. It includes the survey, abstract of title, examination of title, and so forth. I know it includes all that. Mr. HENDERSON. And also it includes the payment of the rental on the lands under lease, which, however, is not a considerable sum. Mr. BUCHANAN. It may include that, but the title does not carry it. Mr. HENDERSON. No, sir. Mr. BUCHANAN. Is the reason that you selected this tract of land for purchase while stopping the purchase of other land during this depression because the opportunity was presented to get it at what you considered a cheap price? Mr. HENDERSON. Yes, sir; at a very remarkably low figure. Mr. REDINGTON. It is rice land up there in the Sacramento Valley. Mr. HENDERSON. Good land suitable for refuges is very scarce in California. We have been looking all over the State to find an area that could be bought at any reasonable rate and this is the best project we have found. The State is equally enthusiastic about it but has not funds enough to carry it itself. Mr. BUCHANAN. I notice under this item, as well as under all others, I mean under this general subject, you carry "Investigation funds." Now, if this is a brand new proposition here, evidently this $6,000 for investigations refers to another refuge or other refuges aside from this. Mr. HENDERSON. Oh, yes. An examination of an area includes, first, an investigation of its value from the standpoint of the duck. That is, the amount of feed that is grown there at the present time, or the amount that can be raised there after the area has been developed. That is included under that item. We have examined many tracts in all parts of the country so far involving hundreds of thousands of acres from that standpoint, 3,000,000 altogether. If the land is found by the biologists to be suitable for refuge purposes, then it is examined by the acquisition branch from the standpoint of the land buyer. The examiner makes a careful appraisal, maps the area showing the different kinds of cover and the various improvements, an estimate is made, if necessary, of the cost of improvements, ditches or dykes that must be constructed, and an examination is made from every source possible to learn the actual fair price of the land. Mr. BUCHANAN. That is all leading up to the purchase of the land? Mr. HENDERSON. Yes, sir. Mr. BUCHANAN. So that, if you are not purchasing any new tracts you do not need that appropriation. Mr. HENDERSON. We would not need as much for that purpose but further studies should be made of existing refuges with a view of increasing their value. Mr. BUCHANAN. Suppose, for instance, the committee should knock out this $175,000 or knock out your proposition to buy this new refuge, would you need that $6,000? Miss SMITH. We examine the areas that are proposed for refuges but we wish also under this same investigation item, to make studies of existing refuges so as to improve the migratory bird food, cover, nesting sites, and so forth. We conduct studies to improve food and cover on all areas which we have acquired as well as examine proposed sites. We do both lines of work under this project. The refuges will not fulfill their highest purpose unless their food resources are developed. Mr. HENDERSON. If you should eliminate the entire item for purchase of additional land we would not be able to complete the work during this fiscal year on the purchases that are now under way. If we should have no appropriation at all for the acquisition of new land for the fiscal year 1934, we would still need our present force during that year. Just how long it would take to clean these areas can not be stated definitely because that depends largely upon action which must be taken in the Department of Justice. It takes a long time to get land purchases to the point where payment may be made. Mr. BUCHANAN. Let us draw this distinction, the land that the Government is obligated to purchase-I do not mean that they merely have options to exercise, whether or not they will purchase-I mean land the Government is obligated to purchase, such as land they have agreed to purchase depending upon the approval of title and such as land under condemnation proceedings. Let us assume the Congress will make an appropriation to complete those purchases but it will strike out the purchase of any other land that the Government obligation is not outstanding to purchase. Then, how much of this appropriation would you need? Mr. HENDERSON. I could not tell you offhand without analyzing it. Mr. BUCHANAN. That is why I wanted a breakdown of it. Mr. HENDERSON. I see. Of course, we understand that Congress must save all the money it can and we wish to cooperate and will gladly accept your decision, but in my judgment it would be very unwise to destroy our acquisition organization unless it is absolutely necessary. Mr. BUCHANAN. It is not my decision. It is the decision of the whole committee and the decision of the Congress. Mr. HENDERSON. Of course, we understand that and are quite ready to accept it. Mr. BUCHANAN. I am trying to bring out the facts to bring before the whole committee and let them determine the policy. Mr. REDINGTON. We will be glad to make that breakdown. Mr. BUCHANAN. Now, understand the breakdown should set forth how this appropriation can be cut provided every new purchase of land to which the Government is not obligated were cut out. Following is the breakdown of the four projects under the appropriation "Migratory bird conservation refuges" as included in the 1934 Budget: 1 assistant cadastral engineer.. Estimated for "Acquisition of land" project in 1934 Budget 4 junior foresters at $2,000 1. 2, 600 4 junior foresters and reservation wardens (4 months each), at $2,000- 8, 000 Total.... 1 senior transitman and reservation warden (6 months), at $2,000. 1 senior transitman (6 months), at $2,000- - - 2 transitmen (6 months), at $1,800.. 1 engineering draftsman.. 4 under engineering aides (5 months each), at $1,260_ Wages, temporary employees in surveying parties. Supplies, equipment, telephone, telegraph, and miscellaneous Travel. Leases... Purchase of land (1 tract) 1. Total... Less 8 per cent furlough reduction. Total... 4,775 3, 000 11, 750 8,000 97, 900 175,000 4,350 170, 650 Estimated for "Investigations of food resources of migratory bird refuge areas” in Field salaries: the 1934 Budget Departmental salaries: 1 assistant clerk (3 months), at $1,620... Estimated for "maintenance of migratory bird conservation refuges" in the 1934 Budget Departmental salaries: 1 assistant clerk (1 month), at $1,620.. Field salaries: 1 junior forester.... 4 junior foresters and reservation wardens, Blackwater, Crescent 1 senior transitman and reservation warden, Cape Romain refuge Totals... Wages: Temporary warden service at Benton Lake, Fallon, Salton Sea, and Long Lake refuges.. Posting refuges.. Patrolling refuges Towers for Crescent Lake, St. Marks, and Blackwater refuges... Total... Less 8 per cent furlough reduction Total $145 2,000 5, 330 1,000 8, 330 1, 025 500 2, 500 1, 500 14,000 700 13, 300 The migratory bird conservation act was passed by Congress to more effectively meet treaty obligations of the United States with Great Britain, for the protection of migratory birds, and to lessen the many dangers threatening them by the acquisition of areas to furnish sanctuaries. Appropriations were authorized covering a period of 10 years for this work. Serious curtailment of the estimates for 1934 would break down the organization trained in the highly technical and specialized functions of this work. If this trained personnel can not be continued, it will prevent carrying out contractual obligations already entered into under this and four other acts of Congress. It will also still further delay the program of refuge acquisition authorized under the migratory bird conservation act. Appropriations under this act, including the present fiscal year, are already $882,000 less than the amounts which were authorized by Congress. The operations incident to the acquisition of lands involve accurate and painstaking physical examinations and appraisals to determine their market values and and fitness for refuges. Experienced negotiators to purchase lands are required. Accurate boundary surveys of lands being purchased must be made by retracement of original public-land surveys and of pre-Revolutionary land-grant surveys. Titles must be examined for lands taken under contract. Land type maps, grant maps, and boundary and administrative maps must be compiled. Numerous other related and important functions fit in with these major operations. Incident to title examinations and conveyance of lands, physical examinations must be made of the properties to determine whether there is adverse possession or other form of unauthorized use tnat would cloud the titles. Common examples of adverse holdings are squatters, roads, buildings, transmission lines, pipe lines, fencing, or other unrecorded improvements. The preparation of accurate survey descriptions, survey maps, and maps showing underlying grants are required by the solicitor of the Department of Agriculture and by the Attorney General for lands yet to be acquired. Assistance in other ways must also be rendered to the solicitor and to the Department of Justice in fact finding to complete all cases satisfactorily. By reason of defective titles to certain lands under purchase contract, condemnation suits must be instituted. Examples are found on the Salton Sea Refuge in California, the Blackwater Refuge in Maryland, Swanquarter Refuge in North Carolina, the Long Lake Refuge in North Dakota, and possibly at the Crescent Lake Refuge in Nebraska. Where condemnation is necessary testimony must be given by experts of this Division on land values, property boundaries, and original land grants. The Spalding Ranch property in California, containing 5,609.29 acres, is under an agreement that provides for a rental of $1 per acre per year, and a purchase option at $17.20 per acre. Should the option be exercised the rental paid will be deducted from the purchase price. Very few of the lands now under contract have been conveyed to the United States, because of the present limited personnel and of the difficult titles encoun tered. These cases must be completed to fulfill the contractual obligations entered into. There are 15 tracts, containing 116,317 acres, now under contract of purchase that have not yet been conveyed to the United States. In three of these cases parts of the tracts have been acquired and title examination is being completed for the remaining parts. The other 12 cases are in various stages of completion as to surveys, mapping, and title examination preliminary to vesting of title in the United States. Of these lands there are 55,837 acres yet to be surveyed for title examinations, deed conveyance, and identification on the ground. To administer the refuges satisfactorily and to protect them against trespass it is essential to solidify, at the earliest opportunity, present refuge holdings by other acquisitions at the following refuges: Crescent Lake in Nebraska, Salton Sea in California, Bamforth Lake and Hutton Lake in Wyoming, Salt Plains in Oklahoma, St. Marks in Florida, Swanquarter in North Carolina, Blackwater in Maryland, and Long Lake in North Dakota. It is planned to carry on the necessary preliminary work to solidify these refuges as opportunity permits. It has also been planned during the interims that will occur in the essential work previously described to continue on a reduced scale the examinations of lands that are deemed suitable for refuges, so that when adequate appropriations are made there will be a wide field from which to select refuges. Purchases can thus be made of the maximum acreage at minimum cost with a consequent saving to the Government. The present personnel is required to fulfill most effectively the obligations already entered into, and to perform related functions in the acquisition of lands for refuges authorized by other legislation. This includes the Upper Mississippi Refuge, the Cheyenne Bottoms Refuge in Kansas, and the Bear River Refuge in Utah, and the Malheur Reservation in Oregon. The principal activity on the Upper Mississippi River Wild Life Refuge is the condemnation of lands to round out administrative units. Condemnation is necessary because price agreements with owners can not be reached and because titles are poor and ownership confused. The time taken, both legal and administrative, though comparatively large, is so coordinated with the other acquisition activities that all operations can be carried at a minimum cost. This can be accomplished, however, only by such coordination. The Cheyenne Bottoms Refuge is now in the process of condemnation because equitable price agreement can not be reached with landowners. There are 75 individual tracts on which appraisals have been made that will have to be checked preliminary to the trial. Personnel now employed under the migratory bird conservation act have been occupied with this project and are thoroughly conversant with all factors bearing on the condemnation. This project can not continue to carry alone the personnel required to prosecute the case successfully unless inordinate expense is incurred. The Government would thus suffer in other respects if estimates under the migratory bird conservation act were curtailed. The Malheur reservation project in Oregon has called for an extraordinary amount of field work to determine the status of the lands, and to present all evidence to the special master of the United States Supreme Court in the suit brought by the United States to determine title to lands within the refuge. Though field proceedings have been extensive, the overhead costs have been held to a low level because the personnel employed under the migratory bird conservation act have been used on this work also in order to take advantage of their special knowledge on the intricacies that have arisen. These men are also being repeatedly used by the Department of Justice to furnish expert information and maps to develop the Government's case. There is still much work to be done on the Malheur project, both in the field and in Washington. Neither the field work nor the supervision can be given without having available the personnel facilities of the migratory bird conservation act unless inordinate expenses are to be incurred under additional appropriations. On the Bear River Refuge in Utah certain land acquisitions are yet to be consummated. Technical questions pertaining to reliction rights, both survey and legal, have arisen here that have required the services intermittently of the experts engaged on work under the migratory bird conservation act. The situation is similar to the Malheur project so far as adequate supervision and expert knowledge is concerned. Beside engaging in examinations, purchase negotiations, title examinations, and surveys of privately owned lands, the personnel have been employed on the examination of public lands which, when found satisfactory are withdrawn |