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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States of America his copyrights in all of his unpublished writings in National Archives collections.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
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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.