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MAY 20 (legislative day, April 24), 1940.-Ordered to be printed

Mr. KING, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany S. 3900]

The Committee on the Judiciary, to whom was referred the bill (S. 3900) requiring approval by the Attorney General of the validity of title to lands purchased by the United States for the erection of public buildings thereon, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass.

The general purpose of the bill is to permit the acquisition by the United States of certain low-value lands, such as denuded forest lands and submarginal agricultural areas, without applying the former strict provisions of the law requiring the written opinion of the Attorney General in favor of the validity of the title, where there are infirmities. of a character which would probably not be asserted and would not affect the rights of the United States in the land so acquired. The committee has amended the bill as introduced to exempt the Tennessee Valley Authority from the operations of its provisions. This amendment was requested by such Authority and it is concurred in by the Department of Justice.

The attached letter by the Attorney General to the chairman of the committee explains the purpose of the bill.

Hon. HENRY F. ASHURST,
Chairman, Senate Judiciary Committee,

DEPARTMENT OF JUSTICE, Washington, D. C., April 30, 1940.

United States Senate, Washington, D. C.

MY DEAR SENATOR: There is transmitted herewith a draft of a bill to amend section 355 of the Revised Statutes to authorize the Attorney General to approve the title to "low-value" lands and interests in lands acquired by or on behalf of the United States subject to infirmities.

Section 355 of the Revised Statutes (U. S. C., title 40, sec. 255) governing the approval of title in land acquisition, except in certain specific instances, in effect

prohibits such acquisition unless the Attorney General renders an opinion "in favor of the validity of title." In the interpretation of this provision over a long period of years, it has been established that a valid title is one free of any infirmi ties. Frequently in the acquisition of large areas of submarginal, logged-off and other low "value" lands, it has been necessary to eliminate infirmities in the title by condemnation or other judicial proceedings, entailing in many instances the expenditure of funds in excess of the value of the land itself.

Practical considerations make it desirable that the Government should be able to purchase "low value" lands for conservation projects, rural rehabilitation, land retirement, national parks, national forests, and other similar purposes, without the delay and expense involved in the removal of title infirmities, provided such action will not jeopardize the interests of the United States. In the event that, subsequently to the purchase of the land, it should become necessary to remove title infirmities, resort may then be had to condemnation or other proceedings. In order to eliminate, so far as possible, the delay and expense now incident to the acquisition of "low value" lands, the proposed legislation would authorize the approval of title by the Attorney General, in the case of such "low value" lands, subject to infirmities. Appropriate safeguards adequate to protect the interests of the United States are included in the proposed bill.

I recommend the enactment of the legislation.
With kind regards,

Sincerely,

ROBERT H. JACKSON,

Attorney General.

O

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MAY 20 (legislative day, APRIL 24), 1940-Ordered to be printed

Mr. THOMAS of Oklahoma, from the Committee on Appropriations, submitted the following

REPORT

[To accompany H. R. 9209]

The Committee on Appropriations, to whom was referred the bill (H. R. 9209) making appropriations for the Military Establishment for the fiscal year ending June 30, 1941, and for other purposes, report the same to the Senate with various amendments, and present herewith information relative to the changes made.

Amount of bill as passed House..
Amount added by Senate (net)..

Amount of bill, as reported to Senate..
Amount of regular and supplemental estimates for

1941____

Amount of appropriations, 1940.

The bill as reported to the Senate

Exceeds the estimates for 1941.

Exceeds the appropriations for 1940--

$784, 999, 094. 00

712, 712, 274.00

1, 497, 711, 368.00

1, 478, 127, 118. 00 851, 473, 245.00

19, 584, 250. 00 646, 238, 123.00

The bill as reported to the Senate is based upon the regular estimates contained in the Budget for 1941, amounting to $853,356,754, in Senate Document Numbered 191, amounting to $13,000,000, and the military part of House Document Numbered 753, amounting to $611,770,364, totaling in all, $1,478,127,118.

In addition to cash appropriations there was included in the documents referred to above contractual authority amounting to $345,010,136; of this amount the committee has recommended the inclusion of $323,229,636, distributed as follows:

Procurement of airplanes--

Military posts---

Ordnance equipment-.

Chemical warfare

Seacoast defenses..

Signal Corps---
Emergency fund

Total...

$103, 300, 000. 00

6, 000, 000, 00 133, 774, 679.00 2,036, 910.00 10, 418, 047.00 1,700,000.00 66, 000, 000.00

323, 229, 636. 00

The committee in recommending a total appropriation of $1,497,711,368 has followed the Budget and the Department's recommenda tions very closely. The Budget estimates (regular and supplemental), however, were based upon an enlisted strength of approximately 255,000, while the committee's bill contains funds sufficient for an enlisted strength of 280,000, the authorized strength of the Army. To provide for the additional enlisted strength of 25,000 men, the committee has added in the aggregate $50,000,000 to the bill. In adding $3,727,451 to the appropriation for "Military posts" for housing for the additional enlisted men, the committee feels that only construction of a temporary character should be undertaken at this time.

The amounts requested by the War Department for inclusion in the bill by the Senate were distributed as follows:

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Analysis of supplemental estimate of May 16, 1940, for the Military Establishment

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