S. 3412 was never reported out of the Senate Committee on Public Lands and Surveys.

(S. 1527)

On December 19, 1923, Senator Phipps introduced S. 1527:

[S. 1527, Sixty-eighth Congress, first session]

A BILL To vest title to school lands. in the State in which the lands are situated, if a proceeding is not instituted before the Department of the Interior within twelve years after the State is admitted to the Union, or within twelve years after the survey of the school-land sections was approved, to determine whether such lands were of known mineral character

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the case of the grant of school-land sections to a State, unless within twelve years after the State is admitted to the Union, or within twelve years after the survey of the school-land sections of a State has been approved by the Commissioner of the General Land Office, a proceeding is instituted before the Department of the Interior to determine whether such land was of known mineral character at the time the State was admitted to the Union, or at the time the survey was approved, absolute title in such land so granted shall be vested in the State in which the land is situated.

On February 20, 1924, Hon. Hubert Work, Secretary of the Interior, submitted the following report on S. 1527 to Hon. I. L. Lenroot, chairman of the Committee on Public Lands and Surveys:

Hon I. L. LENROOT,

INTERIOR DEPARTMENT, Washington, February 20, 1924.

Chairman Committee on Public Lands and Surveys,

United States Senate.

MY DEAR SENATOR LENROOT: I have your request of January 3, 1924, for a report on Senate bill 1527, which bill provides, in the case of the grant of school land sections to a State, unless within 12 years after the State is admitted into the Union, or within 12 years after the survey of the schoolland sections has been approved by the Commissioners of the General Land Office, a proceeding is instituted before the Department of the Interior to determine whether or not such land was of known mineral character at the date of the admission of the State into the Union or at the date of the approval of the survey, absolute title in such land so granted shall be vested in the State in which the land is situated.

The bill, if enacted into law, will add to school-land grants of nonmineral lands in designated sections, mineral lands not granted because of their known character as such at the time the grants would otherwise become effectivethis in derogation of the well-settled policy with respect to public lands, viz, that mineral lands and mineral deposits be disposed of, if at all, under the provisions of the mining laws of the United States.

It is the opinion of this department that these grants of nonmineral lands should not be thus supplemented and enlarged, and I therefore recommend that Senate bill 1527 be not enacted.

In connection with S. 671, I am to-day submitting draft of a measure designed to meet the situation with respect to school sections.

Sincerely yours,

S. 1527 is the same as H. R. 5210 (p. 133).

HUBERT WORK.

S. 1527 was not reported out of the Senate Committee on Public Lands and Surveys.

(H. R. 100)

On December 15, 1923, Congressman Morrow, of New Mexico, introduced H. R. 100:

[H. R. 100, Sixty-eighth Congress, first session]

A BILL Granting title to lands granted to the States and Territories in the aid of common or public schools

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands heretofore granted

as sections 16, 36, 2, or 32 to any State or Territory in the aid of common or public schools, whether mineral or nonmineral, not otherwise specifically reserved by the United States and free from valid, adverse claims of third parties, to which the title thereto has not as yet become definitely vested in said State or Territory, the United States does hereby relinquish unto any such State or Territory all its right, title, and interest therein.

H. R. 100 is the same as S. 376 (p. 127).

H. R. 100 was never reported out of the House Committee on Public Lands.

(H. R. 5210)

On January 10, 1924. Congressman Vaile, of Colorado, introduced H. R. 5210:

[H. R. 5210, Sixty-eighth Congress, first session]

A BILL To vest title to school lands in the State in which the lands are situated if a proceeding is not instituted before the Department of the Interior within twelve years after the State is admitted to the Union, or within twelve years after the survey of the school-land sections was approved, to determine whether such lands were of known mineral character

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the case of the grant of school-land sections to a State, unless within twelve years after the State is admitted to the Union, or within twelve years after the survey of the schoollands sections of a State have been approved by the Commissioner of the General Land Office, a proceeding is instituted before the Department of the Interior to determine whether such land was of known mineral character at the time the State was admitted to the Union, or at the time the survey was approved, absolute title in such land so granted shall be vested in the State in which the land is situated.

H. R. 5210 is the same as S. 1527 (p. 132).

On May 16, 1924, Hon. Hubert Work, Secretary of the Interior, submitted the following report on H. R. 5210 to Hon. N. J. Sinnott, chairman Committee on the Public Lands, House of Representatives:

DEPARTMENT OF THE INTERIOR,
Washington, May 16, 1924.

Hon. N. J. SINNOTT,

Chairman Committee on the Public Lands,

House of Representatives.

MY DEAR MR. SINNOTT: I have your request of May 12, 1924, for a report on H. R. 5210, which bill provides, in the case of the grant of school-land sections to a State, unless within 12 years after the State is admitted into the Union, or within 12 years after the survey of the school-land sections has been approved by the Commissioner of the General Land Office, a proceeding is instituted before the Department of the Interior to determine whether or not such land was of known mineral character at the date of the admission of the State intothe Union or at the date of the approval of the survey, absolute title in such land so granted shall be vested in the State in which the land is situated.

The bill, if enacted into law, will add to school-land grants of nonmineral lands in designated sections, mineral lands not granted because of their known character as such at the time the grant would otherwise become effective; this in derogation of the well-settled policy with respect to public lands, viz, that mineral lands and mineral deposits be disposed of, if at all, under the provisions of the mining laws of the United States.

This bill is identical with Senate bill 1527, upon which report was made by this department under date of February 20, 1924 (p. 132), and the opinion was expressed that these grants of nonmineral lands should not be thus supplemented and enlarged.

I therefore recommend that House bill 5210 be not enacted.

A draft of a measure designed to meet the situation with respect to school sections was submitted with report dated February 20, 1924, on Senate bill 671 (p. 129), a copy of which draft is herewith inclosed (p. 131).

Very truly yours,

HUBERT WORK.

H. R. 5210 was never reported out of the House Public Lands Committee.

SIXTY-NINTH CONGRESS

(S. 564)

On December 8, 1925, Senator Jones, of New Mexico, introduced S. 564:

[S. 564, Sixty-ninth Congress, first session]

A BILL Confirming in States and Territories title to lands granted by the United States in the aid of common or public schools

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of subdivision (b) of this section, the United States relinquishes to any State or Territory all right, title, and interest of the United States to the lands, irrespective of their character, granted to such State or Territory by numbered sections or otherwise for the support of or in the aid of common or public schools; unless land has been granted to, and/or selected by and certified to, any such State or Territory in lieu of and/or as indemnity land for any land so granted by numbered sections or otherwise, and in that case such relinquishment shall be limited to such indemnity or in lieu lands.

(b) Any lands included within a permanent reservation for national purposes, or subject to valid adverse claims of third parties, are excluded from the provisions of this act; and lands included within any military, Indian, or other reservation, or specifically reserved for water-power purposes, are included within the purposes of this act only from the date of extinguishment of such reservation and the restoration of such land to the public domain.

On January 5, 1926, Hon. Hubert Work, Secretary of the Interior, submitted the following report on S. 564, together with a draft of a substitute bill, to Hon. Robert N. Stanfield, chairman of the Committee on Public Lands and Surveys: DEPARTMENT OF THE INTERIOR, Washington, January 5, 1926.

Hon. ROBERT N. STANFIELD,

Chairman Committee on Public Lands and Surveys,

United States Senate.

MY DEAR SENATOR STANFIELD: I have your request of December 12, 1925, for a report on Senate bill 564, "Confirming in States and Territories title to lands granted by the United States in the aid of common or public schools," which bill provides that the United States relinquish to the State or Territory all right, title, and interest in said lands, irrespective of their character.

Such legislation would constitute an enlargement of the school land grants to the States by including all mineral lands in such school sections, which would be in direct contradiction of the intent of the school land grants, and in derogation of the well-settled policy with respect to public lands, viz, that mineral lands and mineral deposits be disposed of, if at all, under the provisions of the mining laws of the United States.

It is therefore recommended that Senate bill 564 be not enacted.

This department has heretofore earnestly recommended legislation providing for the issuance of patents to the several States for school section lands, in order to quiet titles therein and to prevent the uncertainty that has always existed in regard to title in the States to such granted lands. A draft of such a bill was prepared in this department and was transmitted with report dated February 20, 1924, on Senate bill 671, introduced December 10, 1923, in the Sixty-eighth Congress.

Senate bill 3412, following the draft of the bill suggested, was presented May 26, 1924, in the last Congress; at the close of the session no report thereon had been submitted.

The purpose of this substitute bill, as set forth in section 1 of the bill, is to provide for the issuance of United States patents to the several States in further assurance of and in confirmation of title in and to school section lands granted to them in place, and which have not been exchanged for other lands of the United States.

These grants of land in aid of public or common schools (section 16 in some of the States, sections 16 and 36 in others, and sections 2, 16, 32, and 36 in still others), are usually found in the enabling acts of the States, which, however, contain no provisions whereby the States may be given evidence of the title conveyed, by United States patent or otherwise, the statute making the grant operating as a conveyance as well, with respect to lands of the character and status subject to the grant.

Mineral lands, as a rule, are excepted from these grants, and in case school section lands are of known mineral character at the time the grant would otherwise become effective, such lands remain the property of the United States. This has resulted in much vexatious and costly litigation, as there is no statute of limitation which prevents inquiry at any time, either by way of Government preceedings or by private contest or protest, as to whether or not the title to school section land has vested in a State.

These grants take effect at the date thereof or at the date of admission of the State into the Union, as to lands surveyed prior to such dates. As to lands subsequently surveyed. the grants are effective from the date of acceptance of the survey by the Government (United States v. Morrison, 240 U. S. 192). In the absence of some provision by which the known condition of the specified sections, at the time when the grant takes effect, can be ascertained and adjudicated, the title of the State must remain in doubt and be subject to attack. A case in point is that of the United States v. Sweet (245 U. S. 563), wherein the State sold school-section land under a grant (act of July 16, 1894, 28 Stat. 107), which does not expressly exclude or include mineral lands. The land sold, however, was of known mineral character at the time the grant would otherwise have attached. The court denied the claim of title based on the transfer by the State.

This proposed legislation is in no wise mandatory on the States. No title, if vested, is disturbed. In this connection, and with special reference to mineral deposits, attention is called to the following statement found in the decision of the United States Supreme Court, March 28, 1921, case of State of Wyoming et al, v. United States (255 U. S. 489):

"The Land Department uniformly has ruled that the States acquire a vested right in all school sections in place which are not otherwise appropriated, and not known to be mineral, at the time they are identified by the survey-or at the date of the grant where the survey precedes it-regardless of when the matter becomes a subject of inquiry and decision, and that this right is not defeated or affected by a subsequent mineral discovery."

Section 2 of the proposed bill deals with school section lands in place, not granted because of their known mineral character at time of grant, but which, nevertheless, have been sold by the States. Provision is made therein for the acquisition of surface title by the transferees of the States, mediate or immediate, upon payment of the ordinary minimum price for Government lands, and for a preference right to lease the mineral deposits therein. The provisions of the section do not apply (1) to lands containing deposits of metalliferous minerals, nor (2) to lands withdrawn or reserved for governmental purposes on account of their mineral deposits. As to lands of the first class, not claimed by others, the purchaser from the State, if qualified, may make location and secure patent under the mining laws of the United States, and as to lands of the second class, the right and interest of the public are, of course, paramount. Under the terms of the bill it is believed that the rights of the Government as to these withdrawn lands may be protected.

Section 3 of the bill deals with the appropriation of moneys received, and is believed to be commendable.

Section 4 of the bill deals with grants of lands to States (other than those of school lands in place), which do not by the statutes themselves convey title or require patents to be issued. In such case the evidence of title given the State is a certified copy of the list of the lands selected, as approved by this department (section 2449 U. S. R. S.). This is a less desirable form of evidence of title than a United States patent, for which reason section 4 of the bill directs that future transfers of title from the United States to the States be made by United States patents.

It is believed that this substitute bill will fairly and adequately protect the interests of the States, of bona fide purchasers from the States, and of the United States. The necessity for such legislation can not be too strongly emphasized.

Under this substitute bill there may be an adjudication and final determination as to whether or not school section lands passed to a State under its grant, and if found to have passed a confirmatory patent, will issue as evidence of complete title in the State, secure and unassailable for all time, in the absence of plain mistake of fraud in procurement. Similar proceedings are now authorized by law and are had in the case of railroad grants; and in like manner in the case of every entry or selection under the agricultural land laws, there is a final adjudication and issuance of evidence of title where warranted. It is believed that the States should have the same evidence of title as the individual, viz, a United States patent.

In conclusion, it is recommended that legislation be enacted along the lines suggested, whether in the form of the substitute bill, a copy of which is inclosed, or in other form deemed by Congress more effective or appropriate. Very truly yours,

HUBERT WORK, Secretary.

A BILL Further to assure title to lands granted the several States, in place, in aid of public schools, and to quiet titles

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any State having a grant in place of designated sections of land for school purposes may file lists of selections of such lands claimed as inuring to it under such grant, upon payment to the register of the district land office within whose jurisdiction the selected lands are located of a fee of $2 for each selection of a section or part of a section of land. Upon determination by the Secretary of the Interior that any of the land so selected has been granted for the purpose aforesaid and not exchanged for other lands of the United States, patent shall issue to the State therefor in further assurance of and in confirmation of title: Provided, That nothing herein contained shall be so construed as to postpone the time of the attachment of the grant of such lands under the law existent at the time the State's right attached thereto, if it has attached, nor to deprive any court of jurisdiction it may now have to determine any controversy which may arise touching the title of the State or any of its assignees to any such land.

SEC. 2. That in any case wherein lands so designated have been heretofore purchased in good faith from any State and hereafter are found by final decree of a Federal court or by final judgment of the Secretary of the Interior or Commissioner of the General Land Office in proceedings initiated under the provisions of this act to have been of known mineral character at the time. the grant to the State would have otherwise attached, the transferees of the State, mediate or immediate, upon the payment of $1.25 per acre, shall have a right to a confirmatory patent from the United States with reservation of the mineral deposits in the lands to the United States, its grantees or permittees, to prospect for, mine, and remove the same, and a preference right to lease the mineral deposits in such lands from the United States in the manner provided by the laws governing the leases of such deposits in force at the time application to lease is filed: Provided, That the provisions of this section shall not apply to lands containing deposits of metalliferous minerals, nor to lands withdrawn or reserved for governmental purposes on account of their mineral deposits: Provided further, That the right of purchase and the preference right to lease claimed to be conferred by this section must be asserted, if at all, through formal applications filed within six months from the date of the final decree or judgment affecting the lands and mineral deposits to be so purchased or leased.

The Secretary of the Interior is authorized to prescribe such rules and regulations as may be necessary to carry the provisions of this and the preceding section into full force and effect.

SEC. 3. That 50 per cent of all moneys received from the sales and leases authorized by section 2 of this act shall be paid by the Secretary of the Treasury, after the expiration of the fiscal year, to the State within the boundaries of which the lands are located, said moneys to be used by such State for the support of common or public schools therein, and the balance thereof shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the act of Congress, known as the reclamation act, approved June 17, 1902. SEC. 4. That hereafter transfers of titles to the States by the United States of lands selected under grants made by Congress shall be by United States patent.