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The original documents are located in Box 51, folder "1976/07/14 HR1404 Relief of Lucille
Jones" of the White House Records Office: Legislation Case Files at the Gerald R. Ford
Presidential Library.
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photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
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Exact duplicates within this folder were not digitized.
APPROVED
Digitized from Box 51 of the White House Records Office Legislation Case, 87/14/76 Files at the Gerald R. Ford Presidential Library
ACTION
JUL
THE WHITE HOUSE
WA$HINGTON
Last Day: July 17
July 13, 1976
Posted
MEMORANDUM FOR
THE PRESIDENT
7/15/76
FROM:
JIM CANNON
H.R. 1404 June Relief of Lucille Jones
SUBJECT:
archies
7/15/76
Attached for your consideration is H.R. 1404, sponsored by
Representative Johnson. The enrolled bill would permit
Mrs. Lucille Jones to acquire 160 acres in Madera County,
California upon payment of the present fair market value
and administrative costs.
A discussion of the enrolled bill is provided in OMB's
bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I
recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 1404 at Tab B.
FORD d GREATO LIBRARY
THE
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATES
WASHINGTON, D.C. 20503
JUL 9 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 1404 - Relief of Lucille Jones
Sponsor - Rep. Johnson (D) California
Last Day for Action
July 17, 1976 - Saturday
Purpose
To authorize the Secretary of the Interior to convey certain
land in Madera County, California, to Mrs. Lucille Jones.
Agency Recommendations
Office of Management and Budget
Approval
Department of Health, Education,
and Welfare
Approval
General Services Administration
No objection
Department of the Interior
Defers to GSA
Department of Justice
Defers to GSA and
Interior
Discussion
The enrolled bill would permit Mrs. Lucille Jones to acquire
160 acres of unimproved Federal land located in Madera County,
California. Mrs. Jones would be required to acquire the land
within one year after the date of enactment of this legislation
and to make payment of the fair market value of the land less
any enhancement thereto by herself or her predecessors.
The 160-acre tract of land was patented to John McMann, Mrs.
Jones' grandfather, in 1893, but the patent was not recorded
at that time. In 1902 a suit was brought against Mr. McMann
by the Department of Justice on behalf of the United States to
recover a money judgment in the amount of $570, plus costs,
for timber trespass. Judgment was awarded and the land was
sold to the United States for $500. In 1909, Mr. McMann recorded
the original 1893 patent.
2
Since the issuance of the patent the land has been occupied
by Mr. McMann and/or Mrs. Jones. The Justice Department has
determined that title to the subject property clearly vests
with the United States, despite the fact that Mrs. Jones has
paid the property taxes for 30 years.
In 1972, the tract was reported to GSA for further Federal
utilization or disposal as excess to the needs of the Depart-
ment of Justice. No further Federal requirements for the
property developed and plans were made for its disposal as
surplus property. The Department of Health, Education, and
Welfare has requested transfer of the property for educational
use by the California State University at Fresno, California,
and under the Federal Property and Administrative Services Act
of 1949, as amended, HEW would have a preference over Mrs. Jones.
However, due to the special circumstances surrounding this case,
GSA has deferred to Congress for determination of the question
of whether it is advisable to obtain the fair market value of
the property from Mrs. Jones, or to obtain the benefit which
would flow from use of the property for educational purposes.
We recommend approval and concur with HEW's comment in its
attached views letter that it is reasonable "to sell at market
value an unneeded parcel of land to a person who has with good
cause believed the land to be hers and has paid property taxes
on the land for thirty years."
James Assistant m. Director Trey
for Legislative Reference
Enclosures
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
July 1
600pm
FOR ACTION:
George Humphreys
Max Friedersdorf
2
CC (for information): Jack Marsh
Jim Cavanaugh
Ken Lazarus on
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: July 12
Time: noon
SUBJECT:
H.R. 1404-Relief of Lucille Jones
ACTION REQUESTED:
For Necessary Action
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
the FORD VERANT
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
HEALTH.
EDUCATION: AMERICA
DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE
U.S.A.
JUL 8 1976
The Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
This is in response to your request for a report on
H.R. 1404, an enrolled bill "To authorize the Secretary of
the Interior to convey certain lands in Madera County,
California, to Mrs. Lucille Jones, and for other purposes."
In summary, we recommend that the President sign the enrolled
bill, as this would enable the Federal government to sell
at market value an unneeded parcel of land to a person who
has with good cause believed the land to be hers and has
paid property taxes on the land for thirty years.
The bill would direct the Federal government to sell to
Lucille Jones at market value a parcel of land of 160 acres
located in Madera County, California. If the enrolled bill
does not become law, the property will be handled through
the usual channels for property no longer needed by the
Federal government, and probably be donated for educational
use to a nearby college.
Mrs. Jones, due to the recordation history of this parcel of
land, has with good cause believed the property to be hers,
and has paid property taxes on it for thirty years. Under
these circumstances, we feel it is reasonable to require the
government to sell the property to her at market value.
We therefore recommend that the President sign the enrolled
bill.
Sincerely,
Prayone agust
Under Secretary
UNITED STATES OF AMERICA
#
4
GENERAL SERVICES ADMINISTRATION
#
WASHINGTON, DC 20405
#
GENERAL SERVICES
* ADMINIS TRATION
* * *
July 6, 1976
Honorable James T. Lynn
Director, Office of
Management and Budget
Washington, D.C. 20503
Dear Mr. Lynn:
By letter of July 2, 1976, you requested the views of the General
Services Administration (GSA) on enrolled bill H.R. 1404, a bill
"To authorize the Secretary of the Interior to convey certain
lands in Madera County, California, to Mrs. Lucille Jones, and
for other purposes.
GSA has no objection to presidential approval of this bill.
Sincerely,
Jax Jack Aministrator Eckerd Eschand
Keep Freedom in Your Future With U.S. Savings Bonds
OF THE INTERIOR
United States Department of the Interior
OFFICE OF THE SECRETARY
March
3.
1849
WASHINGTON, D.C. 20240
JUL 6 - 1976
Dear Mr. Lynn:
This responds to your request for this Department's views on
H. R. 1404, an enrolled bill "To authorize the Secretary of the
Interior to convey certain lands in Madera County, California,
to Mrs. Lucille Jones, and for other purposes.'
As noted in our legislative report of June 13, 1975, on this bill,
we have been informed that the land described in the bill has been
under the jurisdiction of the General Services Administration
since October 1972. We therefore defer to them for their views on
the bill.
H.R. 1404 would authorize the Secretary of the Interior to convey
160 acres of designated land in Madera County, California, to Mrs.
Lucille Jones for fair market value, less any enhancement in value
of the land brought by Mrs. Jones or her predecessors. The bill
requires Mrs. Jones to make an application to purchase the land
within one year of the date of enactment of the bill and to bear
any administrative costs arising from the conveyance.
The land was patented to Mr. John McMann in 1893 under the homestead
laws. The patent was not recorded until 1909. During the interim,
in 1902, the Department of Justice brought suit against Mr. McMann
to recover a money judgment of $570 plus costs, based on a timber
trespass. The property was levied on and sold at public sale to the
United States for $500. A Marshall's Deed was issued to the United
States on December 1, 1904. We understand that Mrs. Jones is the
daughter of Mr. McMann and apparently the property has been occupied
by one or both of them since issuance of the patent.
Sincerely yours,
tolen
Assistant
Secretary of the Interior
Honorable James T. Lynn
Director, Office of
Management and Budget
Washington, D. C.
REVOLUTION
AMERICAN
BICENTENNIAL
1776-1976
ASSISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
July 7, 1976
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
In compliance with your request, I have examined
a facsimile of the enrolled bill (H.R. 1404), "To authorize
the Secretary of the Interior to convey certain lands in
Madera County, California, to Mrs. Lucille Jones, and for
other purposes."
The bill permits Mrs. Jones to acquire a 160-acre
tract of land upon payment of the present fair market value
and administrative costs. Mrs. Jones is an heir of one John
McMann, who homesteaded the 160 acres. He received a patent
in 1893, but before he recorded it in 1909, the United States
obtained a judgment against him for timber trespass and received
a United States Marshall's Deed for the property. Taxes have
been paid annually since 1909 by Mr. McMann and his heirs.
Mrs. Jones first requested a quitclaim deed from
the Secretary of the Interior. However, since the Department
of Justice had retained administrative jurisdiction over the
land (pursuant to the Marshall's Deed), it was reported as
excess to the General Services Administration in 1972 for
disposal pursuant to the Federal Property and Administrative
Services Act, 40 U.S.C. 484.
The Department of Justice defers to the General
Services Administration and the Department of the Interior
as to whether this bill should receive Executive approval.
Sincerely,
Michael M. Uhlmann
Assistant Attorney General
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
July 9
600pm
FOR ACTION:
George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: July 12
Time: noon
SUBJECT:
H.R. 1404-Relief of Lucille Jones
ACTION REQUESTED:
For Necessary Action
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
No objection - -- Ken Lazarus 7/12/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the President
I
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
July 9
600pm
FOR ACTION:
George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: July 12
Time: noon
SUBJECT:
H.R. 1404-Relief of Lucille Jones
ACTION REQUESTED:
For Necessary Action
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
Recommend approval
putt
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the President
1
THE WHITE HOUSE
WASHINGTON
July 13, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.b.
SUBJECT:
HR 1404 - Relief of Lucille Jones
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
JUL 9 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 1404 - Relief of Lucille Jones
Sponsor - Rep. Johnson (D) California
Last Day for Action
July 17, 1976 - Saturday
Purpose
To authorize the Secretary of the Interior to convey certain
land in Madera County, California, to Mrs. Lucille Jones.
Agency Recommendations
Office of Management and Budget
Approval
Department of Health, Education,
and Welfare
Approval
General Services Administration
No objection
Department of the Interior
Defers to GSA
Department of Justice
Defers to GSA and
Interior
Discussion
The enrolled bill would permit Mrs. Lucille Jones to acquire
160 acres of unimproved Federal land located in Madera County,
California. Mrs. Jones would be required to acquire the land
within one year after the date of enactment of this legislation
and to make payment of the fair market value of the land less
any enhancement thereto by herself or her predecessors.
The 160-acre tract of land was patented to John McMann, Mrs.
Jones' grandfather, in 1893, but the patent was not recorded
at that time. In 1902 a suit was brought against Mr. McMann
by the Department of Justice on behalf of the United States to
recover a money judgment in the amount of $570, plus costs,
for timber trespass. Judgment was awarded and the land was
sold to the United States for $500. In 1909, Mr. McMann recorded
the original 1893 patent.
Calendar No.950
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-1006
AUTHORIZING THE SECRETARY OF THE INTERIOR TO CONVEY
CERTAIN LANDS IN MADERA COUNTY, CALIF., TO MRS. LUCILLE
JONES, AND FOR OTHER PURPOSES
JUNE 28 (legislative day, JUNE 18), 1976.-Ordered to be printed
Mr. HASKELL, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany H.R. 1404]
The Committee on Interior and Insular Affairs, to which was re-
ferred the Act H.R. 1404 to authorize the Secretary of the Interior to
convey certain lands in Madera County, California, to Mrs. Lucille
Jones, and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the Act
do pass.
PURPOSE
H.R. 1404 would authorize and direct the Secretary of the Interior
to convey all right, title, and interest of the United States in and to
160 acres of land located in Madera County, Calif., to Lucille Jones
provided that Mrs. Jones applies to acquire the tract of land within 1
year after the date of legislation and makes payment of the fair
market value of the land less any enhancement thereto by herself or
her predecessors. In addition, Mrs. Jones would be required to bear
any administrative expenses arising from the conveyance.
BACKGROUND AND NEED
The 160-acre tract consists of unimproved land which was formerly
part of the public domain. It was patented to John McMann in
1893, Mrs. Jones' grandfather, but the patent was not recorded at that
time. In 1902, a suit was brought against Mr. McMann by the Depart-
ment of Justice on behalf of the United States to recover a money
judgment in the amount of $750, plus costs for timber trespass. Judg-
R. FORD
57-010
WERRED
THERE
2
3
ment was awarded and the tract in question was levied upon in satis-
The bill was ordered favorably reported to the Senate on a roll call
faction thereof. It was sold to the United States for $500 at a U.S.
marshal's sale. A Certificate of Sale and Purchase was issued to the
vote. The vote was as follows:
Government in November 1902, subsequently recorded, and confirmed
Yeas-8
Nays-0
by a U.S. marshal's deed, issued in 1904. However, in 1909 the original
Jackson
1893 patent was finally recorded by the patentee, Mr. McMann.
Church
On January 5, 1972. the tract was reported to GSA for further Fed-
Metcalf
eral utilization or disposal as excess to the needs of the Department
Johnston
of Justice. No further Federal requirements for the tract developed
Abourezk
and plans were made for its disposal as surplus property pursuant to
Haskell
the provisions of the Federal Property and Administrative Services
Stone
Act of 1949.
Bumpers
The Land and Natural Resources Division of the Department of
COST
Justice determined that title to the subject property clearly vests with
the United States, despite the fact that Mrs. Jones is Mr. McMann's
In accordance with subsection (a) of section 255 of the Legislative
granddaughter and has paid the property taxes for 30 years. Even
Reorganization Act, the following is a statement of estimated costs
though it appears that the property has been occupied by one or both
which would be incurred in the implementation of H.R. 1404 as or-
of them since issuance of the patent, the doctrine of adverse possession
dered reported. Enactment of this legislation would not have an im-
does not run against the Government.
pact on the Federal budget, since Mrs. Jones would be required to pay
The Department of Health, Education, and Welfare has requested
fair market value for the property and bear any administrative ex-
transfer of the property for educational use by the California State
penses arising from the conveyance.
University at Fresno, Calif., and under the Federal Property and
Administrative Services Act of 1949, as amended, HEW would have
EXECUTIVE COMMUNICATIONS
a preference over Mrs. Jones. However, in the special circumstances
surrounding this case, the General Services Administration feels it
The reports of the Federal agencies to the Committee concerning
should defer to Congress for determination of the question of whether
H.R. 1404, are set forth in full, as follows:
it is advisable to obtain the fair market value of the property from
Mrs. Jones, or to obtain the benefit which would flow from use of the
U.S. DEPARTMENT OF THE INTERIOR,
property for educational purposes. The report from GSA expresses
OFFICE OF THE SECRETARY,
no objection to enactment of H.R. 1404.
Washington, D.C., June 13, 1975.
Hon. JAMES A. HALEY,
LEGISLATIVE HISTORY
Chairman, Committee on Interior and Insular Affairs, House of
Representatives, Washington, D.C.
H.R. 1404 was introduced by Mr. Johnson of California on January
DEAR MR. CHAIRMAN: This responds to your request for this De-
14. 1975. A hearing before the Subcommittee on Public Lands of the
partments views on H.R. 1404, a bill to authorize the Secretary of the
House Committee on Interior and Insular Affairs was held on October
Interior to convey certain lands in Madera County, Calif., to Mrs.
30, 1975. On January 27, 1976, the House Committee on Interior and
Lucille Jones, and for other purposes.
Insular Affairs ordered H.R. 1404 reported without amendment. On
We have been informed that the land described in the bill has
March 3, 1976, the House of Representatives passed H.R. 1404 by a
been under the jurisdiction of the General Services Administration
voice vote.
since October 1972. We therefore defer to them for their views on
the bill.
COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES
H.R. 1404 would authorize the Secretary of the Interior to convey
160 acres of designated land in Madera County, Calif., to Mrs. Lucille
The Senate Committee on Interior and Insular Affairs, in open busi-
Jones for fair market value, less any enhancement in value of the land
ness session on June 23, 1976, by unanimous vote of a quorum present,
brought by Mrs. Jones or her predecessors. The bill requires Mrs.
recommended that the Senate pass H.R. 1404 without amendments.
Jones to make an application to purchase the land within 1 year of
Pursuant to section 133 (b) of the Legislative Reorganization Act of
the date of enactment of the bill and to bear any administrative costs
1946, as amended, the following is a tabulation of votes of the Com-
mittee during consideration of H.R. 1404.
arising from the conveyance.
The land was patented to Mr. John McMann in 1893 under the
homestead laws. The patent was not recorded until 1909. During the
S.R. 1006
S.R. 1006
4
5
interim, in 1902, the Department of Justice brought suit against Mr.
GENERAL SERVICES ADMINISTRATION,
McMann to recover a money judgment of $570 plus costs, based on a
Washington, D.C., June 17, 1975.
timber trespass. The property was levied and sold at public sale to the
Hon. JAMES A. HALEY,
United States for $500. A marshal's deed was issued to the United
Chairman, Committee on Interior and Insular Affairs, House of
States on December 1, 1904.
Representatives, Washington, D.C.
We understand that Mrs. Jones is the daughter of Mr. McMann and
apparently the property has been occupied by one or both of them
DEAR MR. CHAIRMAN: Your letter of March 4, 1975, requested the
since issuance of the patent.
views of the General Services Administration on H.R. 1404, 94th Con-
The Office of Management and Budget has advised that there is no
gress, a bill to authorize the Secretary of the Interior to convey certain
objection to the presentation of this report from the standpoint of the
lands in Madera County, Calif., to Mrs. Lucille Jones, and for other
administration's program.
purposes.
Sincerely yours,
The purpose of the bill is to authorize and direct the Secretary of
JOHN KYL,
the Interior to convey all right, title, and interest of the United States
Assistant Secretary of the Interior.
in and to 160 acres of land located in Madera County, Calif., to Lucille
Jones provided that Mrs. Jones applies to acquire the tract of land
within 1 year after the date of the legislation and makes payment of
the fair market value of the land less any enhancement thereto by
DEPARTMENT OF JUSTICE,
herself or her predecessors. In addition, Mrs. Jones would be required
Washington, D.C., June 19, 1975.
to bear any administrative expenses arising from the conveyance.
Hon. JAMES A. HALEY,
The 160-acre tract of unimproved land formerly comprised public
Chairman, Committee on Interior and Insular Affairs, House of
domain land patented to one John McMann in 1893, but the patent
Representatives, Washington, D.C.
was not at the time recorded. In 1902 a suit was brought against Mc-
DEAR MR. CHAIRMAN: This is in response to your request for the
Mann by the Department of Justice on behalf of the United States
views of the Department of Justice on H.R. 1404, a bill to authorize
to recoved a money judgment in the amount of $570 plus costs for
the Secretary of the Interior to convey certain lands in Madera
timber trespass. Judgment was awarded and the tract in question was
County, Calif., to Mrs. Lucille Jones.
levied upon in satisfaction thereof and sold to the United States for
The land in question was homesteaded by one John McMann. A
$500 at a U.S. marshal's sale. A Certificate of Sale and Purchase was
patent was issued to him in 1893, but not recorded until 1909. During
issued to the Government in November 1902, subsequently recorded.
the interim, the United States obtained a judgment against McMann
and confirmed by a U.S. marshal's deed issued in 1904. In 1909 the
for timber trespass. In 1902, the property was sold under a writ
original 1893 patent was recorded by the patentee.
of execution. A marshal's deed for the property was executed in favor
On January 5, 1972, the tract was reported to GSA for further
of the United States in 1904.
Federal utilization or disposal as excess to the needs of the Depart-
After McMann recorded his patent in 1909, the Madera County
ment of Justice. No further Federal requirements for the tract devel-
Tax Assessor began assessing on the property. These taxes have been
oped and plans were made for its disposal as surplus property pursu-
paid annually by McMann and his heirs who had possession of the
ant to the provisions of the Federal Property and Administrative
property.
Services Act of 1949.
Sale of surplus Federal property is governed by the Federal Prop-
Shortly after receipt of the excess report, we were advised of a pos-
erty and Administrative Services Act of June 30, 1949, 40 U.S.C. 484,
sible problem with respect to the Government's title to the land. We
as amended. Administration of the property once rested with the
therefore requested that the Department of Justice review and report
Department of Justice. The property was reported excess to General
further to us concerning the Government's ownership. The pertinent
Services Administration on January 3, 1972, pursuant to the act.
portions of the Department's report are quoted below:
This Department defers to the General Services Administration
"The Land and Natural Resources Division of the Department has
and the Department of the Interior as to the advisability of enact-
reviewed your report indicating that there is a 'cloud on the title.' This
ment of H.R. 1404.
Division agrees with the stated facts; however, they disagree with the
The Office of Management and Budget has advised that there is
conclusion that such facts constitute a 'cloud on the title.' Briefly, the
no objection to the submission of this report from the standpoint of
facts are that in 1893 the Government issued a patent vesting title in
the administration's program.
John McMann, and in 1904 the Government reacquired title in the
Sincerely,
property by a Marshal's deed. In 1909 Mr. McMann recorded his 1893
A. MITCHELL McCoNNELL, Jr.,
patent.
Acting Assistant Attorney General.
"The Lands Division concludes that the Government's title is clear,
and the 1909 filing by Mr. McMann does not adversely affect the title.
S.R. 1006
S.R. 1006
6
The fact is that the United States claims under a tax deed. Its chain of
title originates with the 1893 deed to Mr. McMann. The recording of
the patent was necessary to perfect the title of the United States and
in no way detracts from the title. The chain of title clearly shows the
Government acquired the property in 1904 and has owned the fee since
that time."
The Justice Department has determined categorically that title to
the subject property clearly vests with the United States, despite the
fact that Mr. Jones is Mr. McMann's granddaughter and has paid the
property taxes for 30 years.
The Department of Health, Education, and Welfare has requested
transfer of the property for educational use by the California State
University of Fresno and under section 203 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 471), as amended
HEW would have a preference over Mrs. Jones' offer.
Generally, we believe that the Property Act, a law of general appli-
cation, should govern the disposal of the property as would normally
be the case. We have consistently opposed special legislation which is
at variance with laws of general application governing the disposal of
surplus real property. However, in the special circumstances surround-
ing this case, we feel obliged to defer to the Congress for determina-
tion of the question of whether it is advisable to obtain the fair market
value of the property from Mrs. Jones, or to obtain the benefit which
would flow from use of the property for educational purposes. Ac-
cordingly, we express no objection to enactment of H.R. 1404.
The Office of Management and Budget has advised that, from the
standpoint of the administration's program, there is no objection to
the submission of this report to your committee.
Sincerely,
DONALD P. YOUNG,
Acting Assistant Administrator.
CHANGES IN EXISTING LAW
In compliance with subsection (4) of rule XXIX of the Standing
Rules of the Senate, the Committee states that no changes in existing
law would be made by H.R. 1404, as ordered reported.
S.R. 1006
H. R. 1404
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
To authorize the Secretary of the Interior to convey certain lands in Madera
County, California, to Mrs. Lucille Jones, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of the Interior is hereby authorized and directed to convey to Lucille
Jones, Madera, California, all right, title, and interest of the United
States in and to a tract of land in Madera County, California, more
particularly described as the northeast quarter of the northwest quar-
ter of section 29; the south half of the southwest quarter of section
20; and the southeast quarter of the southeast quarter of section 19,
all in township 9 south, range 20 east, M.D.B. & M., Madera County,
California, consisting of one hundred and sixty acres, more or less.
Such conveyance shall only be made if Lucille Jones makes applica-
tion therefor, and, within one year after the date of this Act, makes
payment of the fair market value of the land as of the date of this
Act, less any enhancement in value brought to the land by Lucille
Jones or her predecessors on the land, as determined by the Secretary
of the Interior. Lucille Jones shall bear any administrative expenses,
including appraisal, filing, and recording fees, arising from the
conveyance.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.