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1974/12/26 S2343 Land Conveyance Idaho
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1974/12/26 S2343 Land Conveyance Idaho
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The original documents are located in Box 16, folder "1974/12/26 S2343 Land Conveyance Idaho" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 16 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library APPROVED ACTION THE WHITE HOUSE Last Day: December 30 WASHINGTON postalin Colorado December 23, 1974 12/26 to archive 12/30 MEMORANDUM FOR THE PRESIDENT FROM: KEN COLE SUBJÉCT: S. 2343 - Land Conveyance, Idaho Attached for your consideration is S. 2343, sponsored by Senator McClure, which would clear the title to a small tract of land by directing that the Secretary of Interior convey it, by quitclaim deed, to the City of Coeur d'Alene, Idaho. OMB recommends approval and provides you with additional background information in its enrolled bill report (Tab A). Max Friedersdorf and Phil Areeda both recommend approval. RECOMMENDATION That you sign S. 2343 (Tab B). This DEC APPROVED 26 STATES UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 DEC 2 0 1974 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill S. 2343 - Land conveyance, Idaho Sponsor - Sen. McClure (R) Idaho Last Day for Action December 30, 1974 - Monday Purpose Directs the Secretary of the Interior to convey certain lands to the city of Coeur d'Alene, Idaho. Agency Recommendations Office of Management and Budget Approval Department of the Interior No objection Discussion Under a 1904 Act, the Department of the Interior conveyed approximately 20 acres of land to the city of Coeur d'Alene, Idaho, subject to the condition that the tract be used exclusively as a public park. However, sometime before World War II a four-lane highway was constructed over a portion of the 20 acre park which cut off from the park a triangular tract comprising 7/100 acre. After the city determined that this small tract of land was not suitable for park purposes, it exchanged the isolated tract for land contiguous to the rest of the park land which had been acquired under the 1904 Act. 2 The triangular tract has been in private ownership for over 30 years and the city is attempting to clear title to it at the request of its present owners. This small tract is presently surrounded by private land and the four-lane highway -- it is not suitable for park purposes. The enrolled bill would clear the title to the small tract of land cited above by directing that the Secretary of the Interior convey it, by quitclaim deed, to the city of Coeur d'Alene, Idaho. As enrolled, S. 2343 conforms with the recommendations made by the Department of the Interior in its reports to the Congress on the legislation. Assistant Director for Legislative Reference Enclosures BERALE FORD EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 Warren Nundrido DEC 2 0 1974 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill S. 2343 - Land conveyance, Idaho Sponsor - Sen. McClure (R) Idaho Last Day for Action December 30, 1974 - Monday Purpose Directs the Secretary of the Interior to convey certain lands to the city of Coeur d'Alene, Idaho. Agency Recommendations Office of Management and Budget Approval Department of the Interior No objection Discussion Under a 1904 Act, the Department of the Interior conveyed approximately 20 acres of land to the city of Coeur d'Alene, Idaho, subject to the condition that the tract be used exclusively as a public park. However, sometime before World War II a four-lane highway was constructed over a portion of the 20 acre park which cut off from the park triangular tract comprising 7/100 acre. After the city determined that this small tract of land was not suitable for park purposes, it exchanged the isolated tract for la contiguous to the rest of the park land which had been acquired under the 1904 Act. THE WHITE HOUSE 813 ACTION MEMORANDUM WASHINGTON LOG NO.: 805 Date: December 20, 1974 Time: 9:30 p.m. ok FOR ACTION: Mike Duval note CC (for information): Warren Hendriks Max Friedersdorf Jerry Jones Phil Areeda or FROM THE STAFF SECRETARY DUE: Date: Tuesday, December 24 Time: noon SUBJECT: Enrolled Bill Rep08#3 Land Conveyance, Idaho 52343 ACTION REQUESTED: For Necessary Action x For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor, West Wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President STATE OF THE INTERIOR United States Department of the Interior OFFICE OF THE SECRETARY March 3, 1849 WASHINGTON, D.C. 20240 DEC 20 1974 Dear Mr. Ash: This responds to your request for our views on the enrolled bill S. 2343, "To authorize the Secretary of the Interior to convey, by quitclaim deed, all right, title, and interest of the United States in and to certain lands in Coeur d'Alene, Idaho, in order to eliminate a cloud on the title to such lands." We would have no objection to the President's approval of the enrolled bill. S. 2343, as enrolled, would quitclaim, without consideration, a triangular tract of land comprising 7/100 of an acre to the city of Coeur d'Alene, Idaho. The land is part of a 20-acre parcel donated to the city under the Act of April 28, 1904, 33 Stat. 485. The Act donated the land for municipal and park purposes, but this restriction was not specifically phrased as a reverter. Over 30 years ago the small triangular tract was separated from the rest of the 20 acre parcel by a four lane highway. At approximately that time the city determined that the triangular tract was no longer suitable for municipal or park purposes and conveyed it into private ownership in exchange for land contiguous to the rest of the 20-acre tract. Although the city did not receive the land specifically subject to. a reverter, it is questionable whether it had the authority to exchange it or any part of it. There is therefore a cloud on the title to. the triangular tract. Because the exchange was for land that is used for municipal and park purposes, it was in essence in accord with the general purpose of the 1904. Act. Sincerely yours, M DEC Jack so Horton Assistant BECEINED Secretary of the Interior Honorable Roy L. Ash Director Office of Management and Budget Washington, D. C. 20503 SEALE R. FORD TERANY THE WHITE HOUSE WASHINGTON December 23, 1974 MEMORANDUM FOR: WARREN HENDRIKS FROM: MAX L. FRIEDERSDORF mf SUBJECT: Action Memorandum - Log No. 813 Enrolled Bill S. 2343 - Land Conveyance, Idaho The Office of Legislative Affairs concurs in the attached proposal and has no additional recommendations. Attachment THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 805 813 Date: December 20, 1974 Time: 9:30 p.m. FOR ACTION: Mike Duval CC (for information): Warren Hendriks Max Friedersdorf Jerry Jones Phil Areeda FROM THE STAFF SECRETARY DUE: Date: Tuesday, December 24 Time: noon SUBJECT: Enrolled Bill S. 2343 - Land Conveyance, Idaho ACTION REQUESTED: For Necessary Action X For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor, West Wing OK Nike Dural R. FORD LIBRARY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Warren K. Hendriks telephone the Staff Secretary immediately. For the President 731 THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 805 813 Date: December 20, 1974 Time: 9:30 p.m. FOR ACTION: Mike Duval cc (for information): Warren Hendriks Max Friedersdorf Jerry Jones Phil Areeda FROM THE STAFF SECRETARY DUE: Date: Tuesday, December 24 Time: noon SUBJECT: Enrolled Bill S. 2343 - Land Conveyance, Idaho ACTION REQUESTED: For Necessary Action X For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor, West Wing w PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Warren K. Hendriks telephone the Staff Secretary immediately. For the President Calendar No. 659 93D CONGRESS SENATE REPORT 2d Session No. 93-684 CONVEYING CERTAIN LANDS IN IDAHO TO THE CITY OF COEUR D'ALENE FEBRUARY 7, 1974.-Ordered to be printed Mr. McCLURE, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany S. 2343] The Committee on Interior and Insular Affairs, to which was re- ferred the bill (S. 2343) to authorize the Secretary of the Interior to convey, by quitclaim deed, all right, title, and interest of the United States in and to certain lands in Coeur d'Alene, Idaho, in order to eliminate a cloud on the title to such lands, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. PURPOSE OF BILL S. 2343, as amended, would authorize and direct the Secretary of the Interior to convey to the city of Coeur d'Alene, Idaho, all right, title and interest of the United States in a triangular shaped tract of land of approximately seven one-hundredths of an acre, which is a small part of land previously conveyed to the town by the act of April 28, 1904. BACKGROUND The act of April 28, 1904, (33 Stat. 485), donated to the town of Coeur d'Alene, Idaho, about 20 acres of land adjacent to Lake Coeur d'Alene "for the use of said municipality as a public park, and which shall be used for such purpose exclusively". This land has been main- tained by the town as a park. However, sometime before World War II a four-lane highway was constructed over a portion of the land which cut off the triangular tract described in S. 2343 from the re- mainder of the donated land. The tract's small size and its isolation from the other park land made it unsuitable for park usage. There- 99-010 2 3 fore, in 1940, the city of Coeur d'Alene exchanged the tract with the U.S. DEPARTMENT OF THE INTERIOR, Spokane, Coeur d'Alene and Palouse Railway for land, owned by the OFFICE OF THE SECRETARY, railway company, which directly fronted the lake shore and was adja- Washington, D.C., October 10, 1973. cent to the remaining park land. The acquired land has since been Hon. HENRY M. JACKSON, managed by the city as if it were part of the land conveyed by the Chairman, Committee on Interior and Insular Affairs, U.S. Senate, 1904 act. Washington, D.C. The trianglar tract has been in private ownership for over 30 years and the present owners have requested that the town help them clear DEAR MR. CHAIRMAN: This responds to your request for the views title to it. This small isolated tract is surrounded by the four-lane of this Department on S. 2343, a bill to authorize the Secretary of the highway and private land, and is not suitable for park purposes. Interior to convey, by quitclaim deed, all right, title, and interest of S. 2343 was introduced on August 3, 1973 by Senator James A. the United States in and to certain lands in Coeur d'Alene, Idaho, in McClure. The Subcommittee on Public Lands held a hearing on the order to eliminate a cloud on the title to such lands. measure on October 10, 1973, and, in open markup on December 7, We would not object to enactment of the bill if it is amended as 1973, ordered S. 2343 as amended reported to the full committee on recommended below. Interior and Insular Affairs. On January 28, 1974, by unanimous The act of April 28, 1904, 33 Stat. 485, donated to the town of Coeur voice vote in open markup, the committee ordered S. 2343, as amended, d'Alene, Idaho, about 20 acres of land adjacent to Lake Coeur d'Alene reported favorably to the Senate. for the use of said municipality as a public park, and which shall be used for such purpose exclusively. Section 1 of S. 2343 would amend AMENDMENTS the 1904 act by striking the above restriction on the use of the land by adding a provision that title to the land vests in the town. Section During the December 7, 1973 hearing, the Department of the In- 2 would direct the Secretary to convey by quitclaim to the town, with- terior raised objection to section 1 of S. 2343, as introduced, because out consideration, all right, title and interest of the United States in it would strike the restriction on the use of all the land conveyed by a triangular shaped tract of land which is a small part of the land the 1904 act. Since the land is adjacent to Lake Coeur d'Alene and conveyed by the 1904 act. appears to continue to be well suited for park use, the committee The land conveyed by the 1904 act has been maintained by the town believes that it should remain subject to the use restriction in the as a park. However, sometime before World War II a four-lane high- 1904 act. way was constructed over a portion of the land which cut off the tri- The committee also concurs with the following statement in the angular tract described in section 2 of the bill. This triangular tract report of the Department of the Interior on S. 2343 comprises seven one-hundredths of an acre. We understand that the While we do not approve of the exchange of the tract made town found that the tract was not suitable for a park, that its ex- by the town without an authorization from Congress, we changed the tract for land contiguous to the rest of the land conveyed would not object to legislation clearing title to the tract. We by the 1904 act and that it has managed the land acquired by exchange feel that the exchange was in accordance with the general as if it were part of the land conveyed by the 1904 act. intent of the 1904 act. The triangular tract has thus been in private ownership for about 30 years and the present owners have requested that the town help Accordingly, the committee adopted the amendment recommended by them clear title to it. This small isolated tract is surrounded by the the Interior Department and ordered S. 2343, as amended, reported four-lane highway and private land, and is not suitable for park pur- favorably to the Senate. poses. While we do not approve of the exchange of the tract made by COST the town without an authorization from Congress, we would not ob- The enactment of S. 2343 would result in no expenditure of funds by ject to legislation clearing title to the tract. We feel that the exchange the Federal Government. was in accordance with the general intent of the 1904 act. However, we oppose section 1 of the bill which would strike the COMMITTEE RECOMMENDATION restriction on the use of all the land conveyed by the 1904 act. We are not aware of any reason why the land may not be suitable to be man- The Committee on Interior and Insular Affairs in open executive aged as a park or why the town is seeking to strike the land use re- session on January 28, 1974, unanimously ordered S. 2343, as amended, striction. The land is adjacent to Lake Coeur d'Alene and appears to reported favorably to the Senate. be well suited for park use. We therefore recommend that it continue to be subject to the use restriction in the 1904 act. Accordingly, we sug- DEPARTMENTAL REPORTS gest that all of section 1 following the enacting clause be deleted and that page 2, lines 7 to 12 be amended to read as follows: The reports of the Department of the Interior and the Office of Management and Budget are set forth in full as follows: That notwithstanding the act of April 28, 1904, 33 Stat. 485, the Secretary of the Interior is authorized and directed to convey, S.R. 684 S.R. 684 4 by quitclaim deed and without consideration, to the city of Coeur d'Alene, Idaho, all right, title and interest of the United States in and to the following tract of land:" The Office of Management and Budget has advised that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely yours, JOHN KYL, Secretary of the Interior. EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF MANAGEMENT AND BUDGET, Washington, D.C., October 10, 1973. Hon. HENRY M. JACKSON, Chairman, Committee on Interior and Insular Affairs, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your requests for the views of the Office of Management and Budget on the following bills: 1. S. 184, "To authorize and direct the Secretary of the In- terior to sell interests of the United States in certain lands located in the State of Alaska to the Gospel Missionary Union" (re- quested March 8, 1973) ; 2. S. 194, "To authorize the Secretary of the Interior to convey to the city of Anchorage, Alaska, interests of the United States in certain lands" (requested June 14, 1973) ; 3. S. 1111, "To quitclaim the interest of the United States to certain lands in Bonner County, Idaho" (requested Sept. 25. 1973) ; 4. S. 1582, "To provide for the conveyance of certain public lands in Klamath Falls, Oreg., to the occupants thereof, and for other purposes" (requested Sept. 25, 1973) ; 5. S. 2125, "To amend the act entitled 'An act granting land to the city of Albuquerque for public purposes', approved June 9, 1906" (requested July 24, 1973) ; and, 6. S. 2343, "To authorize the Secretary of the Interior, by quitclaim deed, all right, title, and interest of the United States in and to certain lands in Coeur d'Alene, Idaho, in order to elim- inate a cloud on the title to such lands" (requested Sept. 25, 1973). The Office of Management and Budget concurs in the views of the Department of the Interior in its reports on these bills and accord- ingly has no objection to the enactment of S. 184. We have no objec- tion to the enactment of S. 194, S. 1582, and S. 2343 if amended as sug- gested by the Department. However, we recommend against the enactment of S. 1111 and S. 2125. Sincerely, WILFRED H. ROMMEL, Assistant Director for Legislative Reference. S.R. 684 93D CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 93-1520 CONVEYING CERTAIN LANDS IN IDAHO TO THE CITY OF COEUR D'ALENE DECEMBER 4, 1974.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. HALEY, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany S. 2343] The Committee on Interior and Insular Affairs, to whom was re- ferred the bill (S. 2343) to authorize the Secretary of the Interior to convey, by quit-claim deed, all right, title, and interest of the United States in and to certain lands in Coeur Alene, Idaho, in order to eliminate a cloud on the title to such lands, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE S. 2343, as amended, would authorize and direct the Secretary of the Interior to convey to the city of Coeur d'Alene, Idaho, all right, title and interest of the United States in a triangular shaped tract of land of approximately seven one-hundredths of an acre, which is a small part of land previously conveyed to the town by the act of April 28, 1904. BACKGROUND The act of April 28, 1904 (33 Stat. 485), granted to the city of Coeur d'Alene, Idaho, about 20 acres of land adjacent to Lake Coeur d'Alene "for the use of said municipality as a public park, and which shall be used for such purpose exclusively." This land has been maintained by the town as a park. However, sometime before World War II a four- lane highway was constructed over a portion of the land which cut off the triangular tract described in S. 2343 from the remainder of the donated land. The small size of the tract and its isolation from the other park land made it unsuitable for park usage; therefore, in 1940, the city of Coeur d'Alene exchanged the tract with the Spokane, Coeur d'Alene and Palouse Railway for land owned by the railway company, 38-006 2 3 which directly fronted the lakeshore and was adjacent to the remain- sometime before World War II a four-lane highway was constructed ing park land. The acquired land has since been managed by the city over a portion of the land which cut off the triangular tract described as if it were part of the land conveyed by the 1904 act. in the bill. This triangular tract comprises 7/100 of an acre. We under- The triangular tract has been in private ownership for over 30 years stand that the town found that the tract was not suitable for a park, and the present owners have requested that the town help them clear that it exchanged the tract for land contiguous to the rest of the land title to it. This small isolated tract is surrounded by the four-lane conveyed by the 1904 act and that it has managed the land acquired highway and private land, and is not suitable for park purposes. by exchange as if it were part of the land conveyed by the 1904 act. During the December 7, 1973, hearing before the Senate Interior and The triangular tract has thus been in private ownership for about Insular Affairs Committee, the Department of the Interior recom- 30 years and the present owners have requested that the town help mended that the form of the bill be revised to preserve the restriction them clear title to it. This small isolated tract is surrounded by the on the use of all the land conveyed by the 1904 act. Since the land is four lane highway and private land and is not suitable for park pur- adjacent to Lake Coeur d'Alene and appears to continue to be well poses. While we do not approve of the exchange of the tract made by suited for park use, it should remain subject to the use restriction in the town without an authorization from Congress, we would not object the 1904 act. Accordingly, the recommended amendment was incorpo- to legislation clearing title to the tract. We feel that the exchange was rated into the legislation SO that no further change by the House is in accordance with the general intent of the 1904 act. required. The Office of Management and Budget has advised that there is no COST objection to the presentation of this report from the standpoint of the administration's program. The enactment of S. 2343 would result in no expenditure of funds by Sincerely yours, the Federal Government. JACK HORTON, Assistant Secretary of the Interior. COMMITTEE RECOMMENDATION The Committee on Interior and Insular Affairs, by voice vote, unani- mously recommends S. 2343 be enacted. DEPARTMENTAL REPORTS The report of the Department of the Interior is set forth in full as follows: U.S. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.C., July 10, 1974. Hon. JAMES A. HALEY, Chairman, Committee on Interior and Insular Affairs, House of Rep- resentatives, Washington, D.C. DEAR MR. CHAIRMAN This responds to your request for the views of this Department on S. 2343. an act to authorize the Secretary of the Interior to convey, by quitclaim deed, all right, title, and interest of the United States in and to certain lands in Coeur d'Alene, Idaho, in order to eliminate a cloud on the title to such lands. We would not object to enactment of S. 2343 as passed by the Senate. The act of April 28, 1904, 33 Stat. 485, donated to the town of Coeur d'Alene, Idaho, about 20 acres of land adjacent ot Lake Coeur d'Alene for the use of said municipality as a public park, and which shall be used for such purpose exclusively. S. 2343, as passed by the Senate, would direct the Secretary, notwithstanding the 1904 act, to convey to the town by quitelaim and without consideration all right, title and interest of the United States in a small part of the 20 acre tract. The 20 acres have been maintained by the town as a park. However, H.R. 1520 H.R. 1520 LIBRARY FORD & S. 2343 Ainety-third Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-first day of January, one thousand nine hundred and seventy-four An Act To authorize the Secretary of the Interior to convey, by quitclaim deed, all right, title, and interest of the United States in and to certain lands in Coeur d'Alene, Idaho, in order to eliminate a cloud on the title to such lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstand- ing the Act of April 28, 1904 (33 Stat. 485), the Secretary of the Interior is authorized and directed to convey, by quitclaim deed and without consideration, to the city of Coeur d'Alene, Idaho, all right, title, and interest of the United States in and to the following tract of land: A triangular shaped tract of land lying in the northeast corner of Government lot 48, section 14, township 50 north, range 4 W.B.M., Kootenai County, State of Idaho, bounded on the west by the North- west Boulevard, and on the north by Garden Avenue. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. December 18, 1974 Dear Mr. Director: The following bills were received at the White House on December 18th: S.J. Bes. 22% S. 3191 B.J. lies. 260 3. 4013 S. 425 H.R. 7978 $.939 H.R. 8193 US. 2343 VI.R. 8864 Please let the President have reperts and recommendations as to the approval of these bills as soon as possible. Sincerely, Robert D. Linder Chief Executive Clerk The Honorable Roy L. Ash Director Office of Management and Budget Washington, D. C.