DEPARTMENTAL SERVICE

Due to the reorganization of the Division, the needs for additional personnel in the central office are as follows:

This personnel is necessary inasmuch as it amounts to replacements. The work attending such positions has been performed up to the present time by Public Works Administration personnel.

The duties of the examiner require that the incumbent shall be an experienced attorney with ability to examine and review reports as to the sufficiency of the evidence and facts concerning alleged violations of law, completeness of facts and evidence in administrative matters, and to make recommendations both as to criminal prosecution and corrective administrative measures. During the fiscal year 1936 over 13,000 reports of investigations were made, all of which must clear through the examiner.

At the present time no funds are provided for a secretary to the Assistant Director, and this position has heretofore been paid for out of emergency funds. The estimates are also increased to provide the service of a messenger, since the Division has up to the present time depended upon Public Works Administration personnel for this service.

WASHINGTON FIELD OFFICE-ESTABLISHMENT OF HEADQUARTERS FIELD UNIT

It is proposed to establish a headquarters field unit at Washington, D. C., including the following personnel:

3 special agents, at $3,200.... 1 stenographer..

$9,600 1, 620

11, 220

The above special agents will be appointed at large, subject to duty throughout the entire continental United States, its Territories and island possessions.

The special agents will be required to conduct special audits of concessionaires' accounts throughout the entire national park system, and will conduct routine annual audits of the 52 concessionaires in the national parks and monuments in the East, 21 of which are located at Hot Springs, Ark., 3 at Acadia National Park, Maine, 11 in Great Smoky National Park, N. C. and Tenn., and 5 in Shenandoah National Park, Va. There are also 12 small concessionaires located in the national monuments and military parks in the East as follows: 1 at Chickamauga and Chattanooga National Military Park, 1 at Shiloh National Military Park, 2 at Colonial National Monument, 2 at Fort Marion National Monument, 2 at George Washington's Birthplace, and 1 at the Statue of Liberty in New York Harbor. There are also three concessionaires in the National Capital parks in Washington, D. C. In addition to the auditing necessary to be done for the National Park Service, at the present time there are over 1,000 guardianship accounts that need auditing for the Indian Service. This work was recently begun and out of eight cases that have been audited there have been cash shortages found in seven, with sufficient evidence upon which to base criminal prosecution. It is proposed that the additional special agents will take care of this work in addition to the increasing number of special investigations requested by the tribal attorneys for both the Five Civilized Tribes and the Osage Tribe in Oklahoma. The special agents in the Washington field office will also be assigned to special investigations requested by the Office of the Secretary, together with the special personnel investigations arising in both the departmental and field services of the Interior Department.

There are vacant public lands remaining undisposed of in the States of Alabama, Arkansas, Florida, Louisiana, Michigan, Mississippi, and Wisconsin in widely scattered tracts. Entry of these lands must be made at and all other related business transacted with the General Land Office at Washington, D. C., as there are no district offices in the States named. There has been an increasing number of complaints requiring investigation concerning the cutting of timber from these public lands in trespass. There are also cases for investigation arising on these public

used to perform, that were no longer needed, and the General Land Office today is very much behind in its work. A simple thing lik the withdrawal of public lands dumped thousands of cases into the General Land Office to adjudicate, and various instances of that kind occur which change the character of an activity, but they de not diminish its work.

Mr. O'NEAL. I think that the public is badly spoiled, Mr. Burlew and I think that we have got to do something about it. I do not know where it can be started, or whether very much can be changed, but it does seem to me that every department, as far as it can, should recommend that certain work be dispensed with or reduced where the interest of the Government, from the standpoint of economy, is af stake.

In all of the Appropriations Committee meetings in which I have sat, I have never yet heard anyone come up and say that they felt that their work is not worth the money that they are putting into it, and that they think it is in the interest of the country to cut it out. I think that it would be a very happy day when we get to the point where we could get that point of view.

DIVISION OF INVESTIGATIONS

Mr. SCRUGHAM. We come next to the Division of Investigations which is somewhat a continuation of this discussion. That will be found on page 10 of the bill and on page 9 of the justification.

(The item covering this activity, and the justification therefor, are as follows:)

For investigating official matters under the control of the Department of the Interior; for protecting timber on the public lands, and for the more efficient execution of the law and rules relating to the cutting thereof; for protecting publie lands from illegal and fraudulent entry or appropriation; for adjusting claims for swamplands and indemnity for swamplands; and for traveling expenses of agents and others employed hereunder, $436,100, including not exceeding $30,500 for personal services in the District of Columbia; not exceeding $40,000 for the purchase, exchange, operation, and maintenance of motor-propelled passenger-carrying vehicles and motorboats for the use of agents and others employed in the field service; and not to exceed $5,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Secretary of the Interior, who shall make a certificate of the amount of such expenditure as he may think it advisable not to specify, and every such certificate shall be deemed a suthcient voucher for the sum therein expressed to have been expended.

JUSTIFICATIONS OF ESTIMATES-SALARIES AND EXPENSES, DIVISION OF INVESTI

GATIONS

This appropriation is required to conduct the regular investigative work of the Division of Investigations.

The Division of Investigations is entrusted with the duty of keeping the Department, its bureaus, offices, and divisions, advised of the condition of various activi ties; of the investigation of all matters relating to alleged viclations of law; of cooperation with the Department of Justice in the prosecution of cases affecting the Department of the Interior; the auditing of accounts of concessionaires in rational parks; and such other work as has been carried on by investigators of the several bureaus prior to the consciidation of this work in one division.

A total increase of $44,400 is requested to cover additional personnel in the centrs' office of the Division on the Department pay roll in the amount of $7,000; the ests) Dis) mert of a headouarters field office in Washington in the amount of $11,300, and at increase in the field service in the four western field divisions in the amount of $25,100.

DEPARTMENTAL SERVICE

De to the reorganization of the Division, the needs for additional personnel in entral office are as follows:

The

Ta personnel is necessary inasmuch as it amounts to replacements. attending such positions has been performed up to the present time by .: Works Administration personnel.

The duties of the examiner require that the incumbent shall be an experienced ey with ability to examine and review reports as to the sufficiency of the ence and facts concerning alleged violations of law, completeness of facts and >re in administrative matters, and to make recommendations both as to rai prosecution and corrective administrative measures. During the fiscal Trar 1936 over 13,000 reports of investigations were made, all of which must clear *gh the examiner.

At the present time no funds are provided for a secretary to the Assistant tor, and this position has heretofore been paid for out of emergency funds. I estimates are also increased to provide the service of a messenger, since Division has up to the present time depended upon Public Works Adminisat personnel for this service.

WASHINGTON FIeld office-ESTABLISHMENT OF HEADQUARTERS FIELD UNIT as proposed to establish a headquarters field unit at Washington, D. C., ing the following personnel:

perial agents, at $3,200... eographer..

$9,600 1,620

11, 220

The above special agents will be appointed at large, subject to duty throughout entire continental United States, its Territories and island possessions. De special agents will be required to conduct special audits of concessionaires' ts throughout the entire national park system, and will conduct routine audits of the 52 concessionaires in the national parks and monuments in Last, 21 of which are located at Hot Springs, Ark., 3 at Acadia National Park, Maine, 11 in Great Smoky National Park, N. C. and Tenn., and 5 in randoah National Park, Va. There are also 12 small concessionaires located - national monuments and military parks in the East as follows: 1 at Chickaa and Chattanooga National Military Park, 1 at Shiloh National Military Park, 2 at Colonial National Monument, 2 at Fort Marion National Monument, George Washington's Birthplace, and 1 at the Statue of Liberty in New Harbor. There are also three concessionaires in the National Capital parks Wastangton, D. C. In addition to the auditing necessary to be done for the anal Park Service, at the present time there are over 1,000 guardianship ants that need auditing for the Indian Service. This work was recently and out of eight cases that have been audited there have been cash shortAnd in seven, with sufficient evidence upon which to base criminal prose

It is proposed that the additional special agents will take care of this addition to the increasing number of special investigations requested by The trial attorneys for both the Five Civilized Tribes and the Osage Tribe in Ama. The special agents in the Washington field office will also be assigned a investigations requested by the Office of the Secretary, together with special personnel investigations arising in both the departmental and field *** of the Interior Department.

ere are vacant public lands remaining undisposed of in the States of Alabama, sas, Florida, Louisiana, Michigan, Mississippi, and Wisconsin in widely scattracta Entry of these lands must be made at and all other related business arted with the General Land Office at Washington, D. C., as there are no tres in the States named. There has been an increasing number of comaring investigation concerning the cutting of timber from these public Add trespass. There are also cases for investigation arising on these public

lands in the States named such as fraudulent homestead entries and appraisals of isclated tracts and swamp lands.

During the fiscal year 1936 there were 106 homestead entries investigated, 10 appraisals made, and 111 investigations of trespass on the lands mentioned above. These investigations have been made by agents detailed from the western field divisions, with resultant arrearages in the work of these divisions.

REQUIREMENTS TO BRING FIELD WORK TO CURRENT BASIS

The field investigative work of the Division has never been kept on a current basis since the establishment of the Division in 1933. There has been an enormous increase in the work in the four western field divisions due principally to developments following the passage of the act of June 28, 1934 (Taylor Grazing Act) and its amendment by the act of June 26, 1936. Section 15 of this act was amended by section 5 of the act of June 26, 1936, and provides for the leasing of public lands for grazing purposes. Under departmental regulations of January 8 and July 28, 1936, the duty of making field investigations relative to applications for lease has been placed with the Division of Investigations. The lands subject to lease are disconnected and isolated tracts outside of grazing districts which are administered by the Division cf Grazing. The law, as amended, provides for certain preferences; in order to determine these, field investigation must be made. Investigation is also necessary to determine the rental value of the land, its livestock-carrying capacity, etc. There are approximately 3,500 of these applications pending investigation at the present time; new applications are being filed daily and the work is increasing. Aside from the imperative necessity of investigating these applications in order to meet the requirements of law, the United States will receive a return as a result of the work by securing the correct rental value of lands leased.

There has also been a marked increase in number of homestead entries to be investigated, due principally to the inauguration of the regulation of grazing on the public lands. Prior to the initiation of the grazing regulation the public generally was inclined to be passive with regard to alleged fraudulent entries. Since grazing regulation has commenced, however, potential users of the public lands have made numerous complaints regarding such alleged fraudulent entries. The withdrawal of public lands by the Executive order of November 26, 1934, has made it necessary to conduct field investigations relative to alleged settlements | prior to the withdrawal by virtue of which an exception from the effect of the withdrawal is claimed.

The increase in mining in the West, due to national policies, has caused an increase in the number of applications for mineral patent, concerning which field investigations are necssary.

Also the authorization by Congress of the Central Valley project in California makes it necessary to conduct field examinations as to mineral in the central valleys of California and the surrounding hills.

There has been an increase in the number of timber trespass cases, and with the necessity of protecting watersheds and grazing lands, particularly in grazing districts, for the proper conservation of the grazing resources it is extremely important that this work be given all possible attention. It has been necessary to conduct a large number of investigations for the Division of Grazing, both as to applications for grazing permit and as to alleged grazing trespasses. For proper grazing administration it is extremely important that investigations as to grazing trespass be made promptly and without delay, as unless steps are taken to stop a trespass promptly grazing regulations is useless.

On June 30, 1935, there were pending in the four western field divisions 3,940 cases; during the fiscal year 1936, 8,678 cases were investigated, and yet, on June 30, 1936, there were pending 7,295 cases, so that the volume of pending work had almost doubled by the end of the year although more than twice the number of cases were investigated during the year than were pending at the beginning. It is impossible to handle the work, much of which provides a revenue to the United States, with the existing force. The increase of $26,100 provides for an addition of five special agents in the western field divisions. The sum necessary for personal services is $14,800. The increase provides for the purchase of five new automobiles in the amount of $3,000 and $2,500 for the operation, maintenance, and repair of same, including storage charges, and $5,800 for travel and per diem for the additional special agents, and for necessary inspection trips to the field by the Director and Assistant Director.

SOURCES OF FUNDS FOR THE DIVISION OF INVESTIGATIONS

Mr. SCRUGHAM. Is the Division of Investigations being paid in any way from funds other than the Interior Department appropriation at this time?

Mr. BURLEW. Yes, sir; the Secretary in 1933 consolidated all of the investigative activities of the Interior Department, of which there were, I believe, four or five, under one head, and appointed a director. The Bureau of the Budget later approved that, and Congress appropriated for it. Then the P. W. A. came into existence, and, the Secretary placed the P. W. A. investigative work, which was very large in volume, under this same director, so that we had a consolidated Division of Investigations for the Department of the Interior and for P. W. A.

Through the administrative policy, there was an intermixture of work performed by these special agents. In other words, the P. W. A. agent would do Interior Department work, or the Department agent would do P. W. A. work. As a matter of fact, through a lack of increase in funds for the Interior Department, over this period of years from 1933 there was more and more work being done by the P. W. A. for Interior.

Finally, when the former director of the division left the service, the Secretary wiped out the consolidation of the two divisions, so that he is now operating Interior under a director of investigations and P. W. A. under a director of investigations.

Now, through necessity, we have not yet been able to avoid using some P. W. A. special agents on Interior work, although we are conscientiously trying to do it. We were left with a staff of three people in Washington when this separation occurred.

Mr. SCRUGHAM. I can readily understand the importance of such a branch, and have no desire to cripple the work, but we would like a clear-cut delineation of what is to be paid from the Interior Department appropriation and what is to be paid from moneys of other activities.

FUNCTIONS OF THE DIVISION OF INVESTIGATION

Mr. BURLEW. I will say that this work has been going on in the Interior Department for about 60 years, and it is not the keyhole type of detective work at all.

This will show you the work performed

Mr. SCRUGHAM. Does that include audits?

Mr. BURLEW. It includes audits of concessionaires in parks, of accounts in the Indian Service, and mineral investigations and homestead investigations. The staff is composed mainly of lawyers, geologists, mining engineers, irrigation engineers, and auditors.

Mr. SCRUGHAM. How are the guardianship accounts handled in the Indian Service?

Mr. BURLEW. They are being audited by the Division of Investigations. In the eight guardianship accounts that we have so far audited, we found seven with irregularities, and we got an additional staff to perform that work. You see, the Interior staff had been allowed to remain on an even basis with practically no increase for about 4 years, so that we are very much handicapped now. We have, as I say, three people in Washington under the present appropriation for that work.