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    "label": "1976/04/13 HR4941 Relief of Oscar H Barnett",
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    "title": "1976/04/13 HR4941 Relief of Oscar H Barnett",
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    "ocrText": "The original documents are located in Box 43, folder \"4/13/76 HR4941 Relief of Oscar H\nBarnett\" of the White House Records Office: Legislation Case Files at the Gerald R. Ford\nPresidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nDigitized from Box 43 of the White House Records Office Legislation Case &4/13/76 Files at the Gerald R. Ford Presidential Library\nAPPROVED\nTHE WHITE HOUSE\nACTION\nWASHINGTON\nLast Day: April 16\nApril 12, 1976\n4/13\nwho\nMEMORANDUM FOR\nFROM:\nTHE PRESIDENT P\nJIM CANNON\nSUBJECT:\nH.R. 4941 - Relief of\nOscar H. Barnett\nAttached for your consideration is H.R. 4941, sponsored\nby Representative Montgomery, which authorizes the\nSecretary of the Interior to convey to Oscar H. Barnett,\na 20-acre tract of land located in Leake County, Mississippi.\nThis action would remove any confusion with respect to\nMr. Barnett's title which may have been caused by a\nmisunderstanding in 1922 between the Department of the\nInterior and the previous owners of the land.\nAdditional information is provided in OMB's enrolled bill\nreport at Tab A.\nOMB, Max Friedersdorf, Counsel's Office (Lazarus) and I\nrecommend approval of the enrolled bill.\nRECOMMENDATION\nThat you sign H.R. 4941 at Tab B.\nFORD is LIBRARY OERALD\nPress /fee advised 4/13/76 (115pm)\nOFFICE WTRE PRESIDENT STATES UNITED\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nAPR 8 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 4941 - Relief of Oscar H.\nBarnett\nSponsor - Rep. Montgomery (D) Mississippi\nLast Day for Action\nApril 16, 1976 - Friday\nPurpose\nAuthorizes the Secretary of the Interior to convey to Oscar\nH. Barnett, without consideration, a 20-acre tract of land\nlocated in Leake County, Mississippi.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of the Interior\nApproval\nDiscussion\nIn 1922, a 20-acre tract located in Leake County, Mississippi,\nwas among several areas under consideration by the Depart-\nment of the Interior for use as a day school for the Choctaw\nIndians. However, before a final decision was reached by\nthe Department, the owners of this tract had the deed recorded\nwhich would have given Interior title. Subsequently, a\ndifferent parcel was chosen for the day school, and convey-\nance of the 20-acre tract to Interior was not effective.\n2\nEven though the United States never acquired either title\nor any interest in the described lands, the bizarre nature\nof the 1922 transaction appears to have clouded the title\nto this tract, now held by Oscar H. Barnett.\nThe enrolled bill would authorize the Secretary of the\nInterior to convey to Oscar H. Barnett, by quitclaim deed\nor other appropriate instruments, all right, title, and\ninterest of the United States to the tract described above.\nConveyance would be without consideration and without war-\nranty of title.\nIn its enrolled bill letter, Interior notes that it has\nno interest in the land involved and concludes in stating:\n\"We understand that Mr. Barnett has owned\nthe 20-acre tract since 1953. We have no\nobjection to approval of H.R. 4941 which\nwould remove any clouds on Mr. Barnett's\ntitle that may have been caused by the\nconfused transactions in the 1920's.\"\nJames m. Jrey Assistant Director for\nLegislative Reference\nEnclosures\nOF INTERIOR\nUnited States Department of the Interior\nOFFICE OF THE SECRETARY\nMarch\n3,\n1849\nWASHINGTON, D.C. 20240\nAPR 6 - 1976\nDear Mr. Lynn:\nThis responds to your request for the views of this Department on\nthe enrolled bill H.R. 4941, \"For the relief of Oscar H. Barnett.\"\nWe recommend that the bill be approved by the President.\nH.R. 4941 authorizes the Secretary of the Interior to convey\nto Oscar H. Barnett, by quitclaim deed or by other appropriate\ninstrument, without consideration, all right, title, and interest\nof the United States to a certain tract of land in Leake County,\nMississippi.\nOur records indicate that on December 18, 1922, C. W. Triplett, Jr.,\nand his wife purported to convey the 20-acre tract described in the\nbill to the United States for use as a day school for the Choctaw\nIndians. The consideration to be paid for the conveyance was to\nhave been $500.00.\nThrough a misunderstanding of the desires of the Department of the\nInterior, the grantors had the deed recorded on December 30, 1922,\namong the county records of Leake County, Mississippi, before it had\nbeen submitted to the Department of the Interior for approval. In\nfact, the recommendation made by the Commissioner of Indian Affairs\non May 4, 1923, to the Secretary of the Interior was that the deed\nof conveyance not be accepted. On May 5, 1923, the Secretary approved\nthe recommendation of the Commissioner of Indian Affairs, and, thus\nthe deed of conveyance was not approved.\nIn order for the conveyance to have been effective, it was necessary\nfor it to be approved by the Department of the Interior. Since there\nwas no such approval, title did not pass and the United States acquired\nno interest in the land described in the bill. The Bureau of Indian\nAffairs, in fact, acquired a nearby tract of land on which it established\na day school for the Choctaw Indians. Accordingly, this Department\nhas no interest in the land involved in this bill.\nFORD\nREVOLUTION\nAMERICAN\nBICENTENNIAL\n1776-1976\nWe understand that Mr. Barnett has owned the 20-acre tract since\n1953. We have no objection to approval of H.R. 4941 which would\nremove any clouds on Mr. Barnett's title that may have been caused\nby the confused transactions in the 1920's.\nSincerely yours,\nAssistant Jack Horton\nSecretary of the Interior\nHonorable James T. Lynn\nDirector, Office of\nManagement and Budget\nWashington, D.C. 20503\n2\nFORD is LIBRAR\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate:\nApril 8\nTime: 700pm\nFOR ACTION: George Humphreys\nCC (for information): Jack Marsh\nMax Friedersdorf\nJim Cavanaugh\nKen Lazarus on\nEd Schmults\nFROM THE STAFF SECRETARY\nDUE: Date:\nApril 9\nTime:\n500pm\nSUBJECT:\nH.R. 4941 - Relief of Oscar H. Barnett\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nFORD 97V83 LIBRARY\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediatel\nFor the President\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate:\nTime:\nApril 8\n700pm\nFOR ACTION:\nGeorge Humphreys\nCC (for information): Jack Marsh\nMax Friedersdorf\nJim Cavanaugh\nKen Lazarus\nEd Schmults\nFROM THE STAFF SECRETARY\nDUE: Date:\nApril 9\nTime:\n500pm\nSUBJECT:\nH.R. 4941 - Relief of Oscar H. Barnett\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nRecommed\napproval shep\nG. 4/9\nLIBRARY GERALD R. FORD\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames M. Cannon\ntelephone the Staff Secretary immediately.\nFor the President\n9:30A\n30A\n4/9\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate:\nTime:\nApril 8\n700pm\nFOR ACTION:\nGeorge Humphreys\nCC (for information): Jack Marsh\nMax Friedersdorf\nJim Cavanaugh\nKen Lazarus\nEd Schmults\nFROM THE STAFF SECRETARY\nDUE: Date:\nApril 9\nTime:\n500pm\nSUBJECT:\nH.R. 4941 - Relief of Oscar H. Barnett\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nNo objection -- Ken Lazarus 4/9/76\nFORD LIBRARY\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames M. Cannon\ntelephone the Staff Secretary immediately.\nFor the President\nTHE WHITE HOUSE\nWASHINGTON\nApril 9, 1976\nMEMORANDUM FOR:\nJIM CAVANAUGH\nFROM:\nMAX L. FRIEDERSDORF w G.\nSUBJECT:\nH.R. 4941 - Relief of Oscar H. Barnett\nThe Office of Legislative Affairs concurs with the agencies\nthat the\nsubject bill be signed.\nAttachments\nFORD is LIBRARY\n94TH CONGRESS\nHOUSE OF REPRESENTATIVES\nREPORT\n1st Session\nNo. 94-682\nFOR THE RELIEF OF OSCAR H. BARNETT\nNOVEMBER 25, 1975.-Committed to the Committee of the Whole House and\nordered to be printed\nMr. HALEY, from the Committee on Interior and Insular Affairs,\nsubmitted the following\nREPORT\n[To accompany H.R. 4941]\nThe Committee on Interior and Insular Affairs, to whom was re-\nferred the bill (H.R. 4941) for the relief of Oscar H. Barnett, having\nconsidered the same, report favorably thereon without amendment and\nrecommend that the bill do pass.\nPURPOSE\nThe purpose of the proposed legislation is to authorize the Secre-\ntary of the Interior to convey by quitclaim deed or by other appro-\npriate instruments, and without consideration, to Oscar H. Barnett,\nall right, title and interest of the United States in a 20-acre tract of\nland located in Leake County, Mississippi, described as the: South\nhalf of northwest quarter of northwest quarter, section 25, township\n11 north, range 7 east of the Choctaw Meridian in Leake County,\nMississippi.\nEXPLANATION\nThe records of the Department of the Interior indicate that in 1922,\nC. W. Triplett, Jr., and his wife purported to convey a 20-acre tract\nof land to the United States for use for a day school for the Choctaw\nIndians.\nThrough a misunderstanding, the grantors had the deed recorded\nin the County Records of Leake County, Mississippi, before it had\nbeen submitted to the Department of the Interior for approval and\nacceptance. As a matter of fact, the Commissioner of Indian Affairs\nhad recommended against approval and acceptance and the Secretary\nof the Interior had approved his recommendation. Accordingly, the\nUnited States never acquired any interest in the land.\nThe Bureau of Indian Affairs did acquire a nearby tract for a day\nschool for the Choctaw Indians.\n57-007\n2\n3\nThe Department of the Interior has indicated its understanding\ndians. The consideration to be paid for the conveyance was to have\nthat Mr. Barnett has owned the land since 1953 and that the Depart-\nbeen $500.00.\nment would have no objection to enactment of H.R. 4941.\nThrough a misunderstanding of the desires of the Department of\nThe legislation would remove a cloud on Mr. Barnett's title to the\nthe Interior, the grantors had the deed recorded on December 30, 1922,\nland, which was created by the attempted conveyance to the United\namong the county records of Leake County, Mississippi, before it had\nStates by C.W. Triplett, Jr., and his wife. It would not involve pay-\nbeen submitted to the Department of the Interior for approval. In\nment of any government funds and the government would not be re-\nfact, the recommendation made by the Commissioner of Indian Af-\nquired to warrant title.\nfairs on May 4, 1923, to the Secretary of the Interior was that the deed\nof conveyance not be accepted. On May 5, 1923, the Secretary approved\nCOST AND BUDGET.ACT COMPLIANCE\nthe recommendation of the Commissioner of Indian Affairs, and, thus\nthe deed of conveyance was not approved.\nEnactment of this legislation would have no federal budget impact.\nIn order for the conveyance to have been effective, it was necessary\nfor it to be approved by the Department of the Interior. Since there\nOVERSIGHT STATEMENT\nwas no such approval, title did not pass and the United States acquired\nPursuant to Rule X, clause 2 (b) (1), the Committee on Interior and\nno interest in the land described in the bill. The Bureau of Indian\nInsular Affairs will not have any responsibility for oversight if the\nAffairs in fact acquired a nearby tract of land on which it established\nlegislation becomes law since the legislation merely removes a cloud\na day school for the Choctaw Indians. Accordingly, this Department\non the title of a property which is already privately owned.\nhas no interest in the land involved in this bill.\nWe understand that Mr. Barnett has owned the 20-acre tract since\nINFLATIONARY IMPACT\n1953. We have no objection to enactment of H.R. 4941 which would\nremove any clouds on Mr. Barnett's title that may have been caused\nSince no costs are involved, this legislation will result in no infla-\nby the confused transactions in the 1920's.\ntionary impact.\nThe Office of Management and Budget has advised that there is no\nobjection to the presentation of this report from the standpoint of the\nCOMMITTEE RECOMMENDATION\nAdministration's program.\nSincerely yours,\nThe Committee on Interior and Insular Affairs recommends, by a\nJOHN H. KYL,\nvoice vote, that the bill, H.R. 4941, be enacted.\nSecretary of the Interior.\nDEPARTMENTAL REPORTS\nThe favorable report received by the Committee from the Depart-\nment of the Interior dated April 24, 1975, follows:\nU.S. DEPARTMENT OF THE INTERIOR,\nOFFICE OF THE SECRETARY,\nWashington, D.C., April 24, 1975.\nHon. JAMES A. HALEY,\nChairman, Committee on Interior and Insular Affairs, House of\nRepresentatives, Washington, D.C.\nDEAR MR. CHAIRMAN This responds to your request for the views\nof this Department on H.R. 4941, a bill \"For the relief of Oscar H.\nBarnett.\"\nWe recommend that the bill be enacted.\nH.R. 4941 would authorize the Secretary of the Interior to convey\nto Oscar H. Barnett, by quitclaim deed or by other appropriate instru-\nment, without consideration, all right, title, and interest of the United\nStates to a certain tract of land in Leake County, Mississippi.\nOur records indicate that on December 18, 1922, C. W. Triplett, Jr.,\nand his wife purported to convey the 20-acre tract described in the\nbill to the United States for use as a day school for the Choctaw In-\nH.R. 682\nH.R. 682\nH. R. 4941\nAinety-fourth Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Monday, the nineteenth day of January,\none thousand nine hundred and seventy-six\nAn Act\nFor the relief of Oscar H. Barnett.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That the Secretary\nof the Interior is authorized to convey by quitclaim deed or by other\nappropriate instruments, without consideration and without warranty\nof title, to Oscar H. Barnett, all right, title, and interest of the United\nStates in and to the following tract of land located in Leake County,\nMississippi: South half of northwest quarter of northwest quarter,\nsection 25, township 11 north, range 7 east of Choctaw meridian in\nLeake County, Mississippi.\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate.\nApril 5, 1976\nDear Mr. Director:\nThe following bills were received at the White\nHouse on April 5th:\n/H.R. 1466\nH.R. 4941\nPlease let the President have reports and\nrecommendations as to the approval of these\nbills as soon as possible.\nSincerely,\nRobert D. Linder\nChief Executive Clerk\nThe Honorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D.C."
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