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1976/09/28 S2004 Land Conveyance Oklahoma
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1976/09/28 S2004 Land Conveyance Oklahoma
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The original documents are located in Box 56, folder "9/28/76 S2004 Land Conveyance
Oklahoma" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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.
89/28/76
APPROVED SEP28 28
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: October 4
September 28, 1976
MEMORANDUM FOR
THE PRESIDENT
Posted
FROM:
JIM CANNON
SUBJECT:
S. 2004 - Land Conveyance,
9/29/76
Oklahoma
Attached for your consideration is S. 2004, sponsored by
archines
Senator Bellmon.
9/29/76
The enrolled bill would eliminate a restriction on the use
of certain lands patented to the City of Hobart, Oklahoma.
A detailed description of the enrolled bill is provided
in OMB's bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Kilberg) and I
recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S. 2004 at Tab B.
FORD d 07V830 LIBRARY
Digitized from Box 56 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
OFFICE OF TRE RESIDENT 0 STATES a UMITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
SEP 23 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2004 - Land conveyance,
Oklahoma
Sponsor - Sen. Bellmon (R) Oklahoma
Last Day for Action
October 4, 1976 - Monday
Purpose
Eliminates a restriction on the use of certain lands
patented to the city of Hobart, Oklahoma.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
Approval
Discussion
On January 23, 1929, the United States issued a
patent to the city of Hobart, Oklahoma, for two
tracts of land containing 5.88 acres, identified
as Blocks 10 and 52 on the plat of the Hobart
Townsite, subject to the condition that such
property be reserved for school purposes.
Subsequently, the city of Hobart notified the
Department of the Interior that Block 10 is no
longer being used for educational purposes, and
that a school formerly located on the property
was torn down in 1966 leaving the area vacant.
The local Board of Education has indicated an
interest in building a new high school on a tract
of equal value and size owned by the city. The
2
city is willing to transfer this land to the Board
of Education if it can obtain a new patent free of
restrictions for Block 10.
The enrolled bill would enable the Board of
Education to obtain an alternative school site by
authorizing and directing the Secretary of the
Interior to convey to the city of Hobart, all
remaining right, title, and interest of the United
States in Block 10 (as described above) The
conveyance would be subject to the following
conditions:
-- that all lands so conveyed will be sold by the
city at fair market value;
-- that lands of comparable value to Block 10,
more appropriate for school purposes, will be
transferred to the Board of Education; and
-- that any amount by which the proceeds from the
sale of lands comprising Block 10 exceeds the
fair market value of property transferred to the
Board of Education will be paid to the United
States.
The bill further provides that lands transferred to
the Board of Education under this authorization
will revert to the United States if ever used for
other than educational purposes.
The enrolled bill is identical to a substitute draft
bill which Interior recommended to the Congress in
lieu of the version that was initially considered
in committee. Accordingly, in recommending approval
in its attached enrolled bill letter, Interior
concludes that:
"
S. 2004 would assist the city and
Board of Education to achieve their land
use and educational goals while carrying out the
purpose of the original grant of lands to the
City and preserving Federal interest in lands
3
in Hobart. The bill insures that
certain additional conditions are met
and assurances given before the
reservation is removed."
Paul H. O'Neill
Acting Director
Enclosure
OF
United States Department of the Interior
OFFICE OF THE SECRETARY
March
1849
WASHINGTON, D.C. 20240
3,
SEP 2 3 1976
Dear Mr. Lynn:
This responds to your request for the views of this Department on
the enrolled bill S. 2004, "To eliminate a restriction on use of
certain lands patented to the city of Hobart, Kiowa County, Oklahoma."
We recommend that the President approve the enrolled bill.
Under S. 2004 as enrolled, notwithstanding the Act of May 2, 1890,
the Secretary of the Interior will convey to the City of Hobart,
Oklahoma, all remaining right, title and interest of the U.S. in
Block 10 and issue a new patent thereto when the City has shown
to the satisfaction of the Secretary that: (a) the lands SO con-
veyed will be sold by the City for fair market value; (b) lands of
comparable value to Block 10, more appropriate for school purposes,
will be transferred to the Board of Education for use for school
purposes in perpetuity; and (c) any amount by which the proceeds
from any sale of Block 10 exceed the fair market value of property
transferred to the Board for school purposes will be paid to the
United States. Upon the determination of the Secretary that these
requirements are satisfied, the City of Hobart, in consideration for
the conveyance and new patent, will agree that any alternate property
acquired for school purposes will vest in the United States if use
thereof for school purposes ceases. The City will include this
provision in any document of transfer or conveyance to the Board of
Education, and execute a deed to this effect and deliver such deed
to the Secretary.
Section 22 of the Act of May 2, 1890 (26 Stat. 91), provides that
certain laws pertaining to reservation and sale of townsites on the
public lands "shall apply to the lands open to settlement in the
Territory of Oklahoma," with certain exceptions. The first proviso
of that section requires that all surveys for townsites in the
former Territory of Oklahoma shall contain reservations for parks
and schools and other public purposes. It further provides that
REVOLUTION
AMERICAN
BICENTENNIAL
1776-1976
patents for such reservations, "to be maintained for such purposes,"
shall be issued to the towns respectively when organized as
municipalities.
On January 23, 1929, pursuant to the 1890 Act, the United States
issued patent numbered 1022741 to the City of Hobart, Oklahoma,
for Blocks 10 and 52 "each designated Reserved for School Purposes
on the Plat of the Hobart Townsite, approved July 26, 1901,"
containing 5.88 acres.
The City has indicated to this Department that Block 10 is no longer
used for school purposes, that the school on Block 10 was torn down
in 1966 and that the property is currently vacant. We have been
advised that the Board of Education desires to construct a new high
school on a tract of equal value and size owned by the City.
The City, a municipal corporation, is willing to transfer that
land to the Board if a new patent free of restrictions could be
obtained for Block 10. It appears that the City wishes to use
Block 10 for other public purposes.
Although neither the 1890 Act nor the patent contain any language
of reverter to the United States for failure to use the property
for educational purposes, in our judgment the intent of Congress
was clearly implicit that such use be the only one. This Department
generally opposes the removal of reverters or restrictive clauses
such as those contained in the 1890 Act and the patent because
such removal tends to defeat the purposes of the original grant
of lands and encourages local governments to acquire nearby Federal
lands and then sell them for a source of revenue. Furthermore, we
are not in favor of relinquishing an interest in Federal land with-
out fair consideration.
At the same time, however, we recognize that changing times and
conditions may necessitate changes in appropriate land uses.
Optimum land use may well be hindered by requiring the continued
use of the subject land for educational purposes. The optimum
benefit from educational lands may best be accomplished by allowing
lands presently required for such use to be utilized for other
public purposes in order to acquire more suitable school land
elsewhere. The bill requires that alternate lands must be used
for school purposes.
2
As enrolled, S. 2004 would assist the city and Board of Education to
achieve their land use and educational goals while carrying out the
purpose of the original grant of lands to the City and preserving
Federal interest in lands in Hobart. The bill insures that certain
additional conditions are met and assurances given before the
reservation is removed.
Sincerely yours,
Kent Drizzell
Under
Secretary of the Interior
Honorable James T. Lynn
Director, Office of
Management and Budget
Washington, D.C. 20503
3
STATEMENT PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
STATE UNITED
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
SEP 23 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2004 - Land conveyance,
Oklahoma
Sponsor - Sen. Bellmon (R) Oklahoma
Last Day for Action
October 4, 1976 - Monday
Purpose
Eliminates a restriction on the use of certain lands
patented to the city of Hobart, Oklahoma.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
Approval
Discussion
On January 23, 1929, the United States issued a
patent to the city of Hobart, Oklahoma, for two
tracts of land containing 5.88 acres, identified
as Blocks 10 and 52 on the plat of the Hobart
Townsite, subject to the condition that such
property be reserved for school purposes.
Subsequently, the city of Hobart notified the
Department of the Interior that Block 10 is no
longer being used for educational purposes, and
that a school formerly located on the property
was torn down in 1966 leaving the area vacant.
The local Board of Education has indicated an
interest in building a new high school on a tract
of equal value and size owned by the city. The
LIBRARY
2
city is willing to transfer this land to the Board
of Education if it can obtain a new patent free of
restrictions for Block 10.
The enrolled bill would enable the Board of
Education to obtain an alternative school site by
authorizing and directing the Secretary of the
Interior to convey to the city of Hobart, all
remaining right, title, and interest of the United
States in Block 10 (as described above) The
conveyance would be subject to the following
conditions:
-- that all lands so conveyed will be sold by the
city at fair market value;
-- that lands of comparable value to Block 10,
more appropriate for school purposes, will be
transferred to the Board of Education; and
--- that any amount by which the proceeds from the
sale of lands comprising Block 10 exceeds the
fair market value of property transferred to the
Board of Education will be paid to the United
States.
The bill further provides that lands transferred to
the Board of Education under this authorization
will revert to the United States if ever used for
other than educational purposes.
The enrolled bill is identical to a substitute draft
bill which Interior recommended to the Congress in
lieu of the version that was initially considered
in committee. Accordingly, in recommending approval
in its attached enrolled bill letter, Interior
concludes that:
"
S. 2004 would assist the city and
Board of Education to achieve their land
use and educational goals while carrying out the
purpose of the original grant of lands to the
City and preserving Federal interest in lands
3
in Hobart. The bill insures that
certain additional conditions are met
and assurances given before the
reservation is removed."
Pane Chinn Paul H. O'Neill
Acting Director
Enclosure
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
September 25
1000am'
Dat
Time:
FO
TION: George Humphreys
cc (for information):
Jack Marsh
Max Friedersdorf
Jim Connor
Ed Schmults
Bobbie Kilberg
FROM THE STAFF SECRETARY
DUE: Date:
September 28
Time: 500pm
SUBJECT:
S. 2004-Land Conveyance, Oklahoma
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
I recommend approval
FORD i 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
James M. Cannon
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
MEMORANDUM
WASHINGTON
LOG NO.:
ptember 25
1000am'
Time:
ION: George Humphreys
CC (for information):
Jack Marsh
Max Friedersdorf
Jim Connor
Bobbie Kilberg
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date:
September 28
Time: 500pm
SUBJECT:
S. 2004-Land Conveyance, Oklahoma
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
9/27/76
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
THE WHITE HOUSE
WASHINGTON
September 27, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.b
SUBJECT:
S.2004 - Land Conveyance, Oklahoma
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
Calendar No. 720
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-760
ELIMINATING A RESTRICTION ON THE USE OF CER-
TAIN LANDS PATENTED TO THE CITY OF HOBART,
KIOWA COUNTY, OKLA.
APRIL 23, 1976.-Ordered to be printed
Filed under authority of the order of the Senate of April 14, 1976
Mr. HASKELL, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany S. 2004]
The Committee on Interior and Insular Affairs, to which was
referred the bill, S. 2004, to eliminate a restriction on the use of certain
lands patented to the city of Hobart, Kiowa County, Okla., having
considered the same, reports favorably thereon with an amendment
to the text and recommends that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu thereof the
following:
That, notwithstanding the provisions of the first proviso of section 22 of the
Act of May 2, 1890 (26 Stat. 91, 43, U.S.C. 1094), requiring that lands patented
thereunder be maintained for certain purposes for which they were granted, the
Secretary of the Interior (hereinafter referred to as the "Secretary") is author-
ized and directed to convey to the city of Hobart, Oklahoma, all right, title, and
interest remaining in the United States in block 10 of the Original Townsite of
the City of Hobart and to issue a new patent, without restriction, upon relin-
quishment of Patent No. 1022741 by the city, to carry out the purposes of this
Act: Provided, That the requirements of sections 2 and 3 of this Act have been
met.
SEC. 2. No conveyance may be made and no new patent issued pursuant to this
Act unless the city of Hobart has shown to the satisfaction of the Secretary that
(1) the lands described in section 1 of this Act shall not be sold for less than feir
market value; (2) other lands of at least comparable value to block 10 and more
appropriate for school purposes than Block 10 will be transferred to the board
of education to be used for school purposes in perpetuity and (3) any amount
by which proceeds of any sale of block 10 exceed the fair market value of other
property transferred to the board of education in accordance with clause (2) of
this section will be paid to the United States.
SEC. 3, The Secretary, upon his determination that the requirements of section 2
of this Act are satisfied is authorized and directed to enter into an agreement or
57-010
2
3
agreements with the city of Hobart, Oklahoma, whereby, in consideration of a
second tract of land is ever sold the proceeds must be used for edu-
conveyance of the remaining right, title, and interest of the United States in
cational purposes, whereas the latter would insure the continuing
block 10 and issuance of a new patent, the city of Hobart agrees that (1) title to
Federal interest by providing for a reversion of that land if it ever
any property acquired or dedicated for school purposes pursuant to clause 2 of
section 2 of this Act will vest in the United States if such property ever ceases
ceases to be used for school purposes.
to be used for school purposes; and (2) the city of Hobart will include provisions
to this effect in any document of transfer or conveyance to the board of educa-
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
tion, execute a deed to this effect, and deliver said deed to the Secretary.
The Senate Committee on Interior and Insular Affairs, in open
PURPOSE
business session on March 23, 1976, by unanimous voice vote of a
S. 2004, as amended, would eliminate a restriction on use of certain
quorum present recommends that the Senate pass S. 2004 if amended,
as described herein.
lands patented to the city of Hobart, Oklahoma.
COST
BACKGROUND AND NEED
Enactment of S. 2004, as amended, will not result in any expendi-
ture of Federal funds.
Section 22 of the Act of May 2, 1890 (26 Stat. 91), provides that
certain laws pertaining to reservation and sale of townsites on the
EXECUTIVE COMMUNICATIONS
public lands "shall apply to the lands open to settlement in the Terri-
tory of Oklahoma", with certain exceptions. The first proviso of that
The pertinent legislative reports and communications received by
section requires that all surveys for townsites in the former Territory
the Committee from the Office of Management and Budget and the
of Oklahoma shall contain reservations for parks and schools and
Department of the Interior setting forth Executive agency recom-
other public purposes. It further provides that patents for such reser-
mendations relating to S. 2004 are set forth below:
vations, "to be maintained for such purposes", shall be issued to the
towns respectively when organized as municipalities.
U.S. DEPARTMENT OF THE INTERIOR,
On January 23, 1929, pursuant to the 1890 Act, the United States
OFFICE OF THE SECRETARY,
issued patent numbered 1022741 to the city of Hobart, Oklahoma, for
blocks 10 and 52 "each designated Reserved for School Purposes on the
Washington, D.C., February 25, 1976.
Hon. HENRY M. JACKSON,
Plat of the Hobart Townsite, approved July 26, 1901", containing 5.88
acres. The city has indicated that block 10 is no longer used for school
Chairman, Committee on Interior and Insular Affairs, U.S. Senate,
Washington, D.C.
purposes, that the school on block 10 was torn down in 1966, and that
the property is currently vacant. The board of education desires to
DEAR MR. CHAIRMAN: This responds to your request for the views
construct a new high school on a tract of equal value and size owned by
of this Department on S. 2004, a bill "To eliminate a restriction on use
the city. The city, a municipal corporation, wishes to use block 10 for
of certain lands patented to the city of Hobart, Kiowa County, Okla-
homa."
other public purposes and is willing to transfer the tract for the new
high school to the board if a new patent free of restrictions could be
We recommend that the Committee not enact S. 2004. We would
obtained for block 10.
have no objection to enactment of the enclosed substitute draft bill.
S. 2004, as amended, would assist the city and the board of educa-
Under S. 2004, notwithstanding the provisions of the Act of May 2,
tion in achieving this land use and educational goals while carrying
1890, the reservation for school purposes in patent numbered 1022741
out the purpose of the original grant of land to the city and preserv-
with respect to Block 10, issued by the United States on January 23,
ing the Federal interest in insuring the lands in Hobart will be dedi-
1929 to the City, of Hobart, will be released when the City deeds a
cated to public use.
certain parcel of land to the Board of Education. The deed would
LEGISLATIVE HISTORY
provide that in the event that this alternate parcel is sold, the pro-
ceeds shall be used for educational purposes.
Senator Bellmon introduced S. 2004 on June 24, 1975. The Sub-
Section 22 of the Act of May 2, 1890 (26 Stat. 91), provides that
committee on the Environment and Land Resources held a hearing on
certain laws pertaining to reservation and sale of townsites on the
this measure on February 26, 1976. The Department of the Interior
public lands "shall apply to the lands open to settlement in the Terri-
expressed opposition to the bill as introduced but indicated that the
tory of Oklahoma," with certain exceptions. The first proviso of that
Administration would have no objection to enactment of their substi-
section requires that all surveys for townsites in the former Territory
tute draft bill.
of Oklahoma shall contain reservations for parks and schools and
COMMITTEE AMENDMENT
other public purposes. It further provides that patents for such reser-
vations, "to be maintained for such purposes," shall be issued to the
The principal difference between the original bill and the bill as
towns respectively when organized as municipalities.
amended by the Committee is that the former would allow the release
On January 28, 1929, pursuant to the 1890 Act, the United States
of the reverter on block 10 with the only condition being that if the
issued patent numbered 1022741 to the City of Hobart, Oklahoma,
S.R. 760
S.R. 760
4
5
for Blocks 10 and 52 "each designated Reserved for School Purposes
veyance and new patent, will agree that any alternate property ac-
on the Plat of the Hobart Townsite, approved July 26, 1901," contain-
quired for school purposes will vest in the United States if use thereof
ing 5.88 acres.
for school purposes ceases. The City will include this provision in any
The City has indicated to this Department that Block 10 is no longer
document of transfer or conveyance to the Board of Education, and
used for school purposes, that the school on Block 10 was torn down
execute a deed to this effect and deliver such deed to the Secretary.
in 1966 and that the property is currently vacant. We have been ad-
The Office of Management and Budget has advised that there is no
vised that the Board of Education desires to construct a new high
objection to the presentation of this report from the standpoint of the
school on a tract of equal value and size owned by the City.
Administration's program.
The City, a municipal corporation, is willing to transfer that land to
Sincerely yours,
the Board if a new patent free of restrictions could be obtained for
NATHANIEL P. REED,
Block 10. It appears that the City wishes to use Block 10 for other
Secretary of the Interior.
public purposes.
Although neither the 1890 Act nor the patent contain any language
CHANGES IN EXISTING LAW
of reverter to the United States for failure to use the property for
educational purposes, in our judgment the intent of Congress was
In compliance with subsection 4 of rule XXIX of the Standing
clearly implicit that such use be the only one. This Department gen-
Rules of the Senate, the Committee notes that no changes in existing
erally opposes the removal of reverters or restrictive clauses such as
law are made by S. 2004, as reported.
those contained in the 1890 Act and the patent because such removal
tends to defeat the purposes of the original grant of lands and en-
courages local governments to acquire nearby Federal lands and then
sell them for a source of revenue. Furthermore, we are not in favor
of relinquishing an interest in Federal land without fair
consideration.
At the same time, however, we recognize that changing times and
conditions may necessitate changes in appropriate land uses. Optimum
land use may well be hindered by requiring the continued use of the
subject land for educational purposes. The optimum benefit from edu-
cational lands may best be accomplished by allowing lands presently
required for such use to be utilized for other public purposes in order
to acquire more suitable school land elsewhere. However, it has not
been demonstrated in this case that the lands already granted for
school purposes are not suitable as such or that the tract which the City
would make available is more suitable and in line with changed condi-
tions. Further, there is no requirement in the bill that the alternate
lands must be used for school purposes.
Therefore, our substitute draft bill would assist the city and Board
of Education to achieve their land use and educational goals while
carrying out the purpose of the original grant of lands to the City and
preserving Federal interest in lands in Hobart. We would have no ob-
jection to enactment of this draft bill, which insures that certain ad-
ditional conditions are met and assurances given before the reserva-
tion is removed.
Under our substitute bill, the Secretary will convey to the City of
Hobart all remaining right, title and interest of the U.S. in Block 10
and issue a new patent thereto when the City has shown to the satis-
faction of the Secretary that (a) the lands so conveyed will be sold
by the City for fair market value; (b) lands of comparable value to
Block 10, more appropriate for school purposes, will be transferred to
the Board of Education for use for school purposes in perpetuity; and
(c) any amount by which the proceeds from any sale of Block 10 ex-
ceed the fair market value of property transferred to the Board for
school purposes will be paid to the United States. Once these require-
ments are satisfied, the City of Hobart, in consideration for the con-
S.R. 760
S.R. 760
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1541
ELIMINATING A RESTRICTION ON USE OF CERTAIN
LANDS PATENTED TO THE CITY OF HOBART, KIOWA,
COUNTY, OKLA.
SEPTEMBER 14, 1976.-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 H.R. 12213]
The Committee on Interior and Insular Affairs, to whom was re-
ferred the bill (H.R. 12213) to eliminate a restriction on use of certain
lands patented to the city of Hobart, Kiowa County, Okla., having
considered the same, report favorably thereon without amendment and
recommend that the bill do pass.
PURPOSE
The purpose of H.R. 12213, introduced by Mr. English, is to elimi-
nate a restriction on the use of certain lands patented to the City of
Hobart, Kiowa County, Oklahoma. A similar bill (S. 2004), differing
only as to form, was approved by the Senate on April 27, 1976.
The lands involved are described as Block 10 of the original town-
site of the City of Hobart, Oklahoma.
EXPLANATION
On January 23, 1929, pursuant to the Act of May 2, 1890, the
United States issued a patent to the City of Hobart, Oklahoma, for
Blocks 10 and 52 "each designated Reserved for School Purposes on
the plat of Hobart townsite, approved July 26, 1901".
The Act of May 2, 1890, provided that all surveys for townsites
in the former Territory of Oklahoma contain reservations for parks
and school purposes.
Block 10 is no longer used for school purposes and the property
is presently vacant.
The Board of Education desires to construct a new school on a
tract of equal value and size which is presently owned by the City.
57-006
2
3
The City, municipal corporation, is willing to transfer the land
issue a new patent thereto when the City has shown to the satis-
desired by the School Board to the Board if a new patent free of
faction of the Secretary that: (a) the lands SO conveyed will be sold
restrictions can be obtained for Block 10.
by the City for fair market value; (b) lands of comparable value to
The bill provides that no conveyance shall be made and no new
Block 10, more appropriate for school purposes, will be transferred
patent issued to Block 10 until the City has shown that Block 10
to the Board of Education for use for school purposes in perpetuity;
will not be sold for less than fair market value, that other lands of at
and (c) any amount by which the proceeds from any sale of Block 10
least comparable value and more appropriate for school purposes
exceed the fair market value of property transferred to the Board for
will be transferred to the Board of Education, and that any amount
school purposes will be paid to the United States. Once these require-
by which the proceeds of any sale of Block 10 exceeds the fair market
ments are satisfied, the City of Hobart, in consideration for the con-
value of other property transferred to the Board of Education will
veyance and new patent, will agree that any alternative property
be paid to the United States.
acquired for school purposes will vest in the United States if use
thereof for school purposes ceases. The City will include this provi-
COST AND BUDGET ACT COMPLIANCE
sion in any document of transfer or conveyance to the Board of
Education, and execute a deed to this effect and deliver such deed
Enactment of this legislation would have no Federal budget impact.
to the Secretary.
Section 22 of the Act of May 2, 1890 (26 Stat. 91), provides that
OVERSIGHT STATEMENT
certain laws pertaining to reservation and sale of townsites on the
Pursuant to rule XI clause 2(b) (1), the Committee on Interior
public lands "shall apply to the lands open to settlement in the Terri-
and Insular Affairs has.oversight responsibility for administration
tory of Oklahoma," with certain exceptions. The first proviso of that
of the legislation if it becomes law. No recommendations have been
section requires that all surveys for townsites in the former Territory
submitted to the committee pursuant to rule X, clause 2(b) (2).
of Oklahoma shall contain reservations for parks and schools and
other public purposes. It further provides that patents for such res-
INFLATIONARY IMPACT
ervations, "to be maintained for such purposes," shall be issued to
the towns respectively when organized as municipalities.
Pursuant to rule XI, clause 2(1) (4) of the House of Representa-
On January 23, 1929, pursuant to the 1890 Act, the United States
tives, the committee believes that enactment of H.R. 12213 would
issued patent numbered 1022741 to the City of Hobart, Oklahoma,
have no inflationary impact on the national economy.
for Blocks 10 and 52 "each designated Reserved for School Purposes
on the Plat of the Hobart Townsite, approved July 26, 1901," con-
COMMITTEE RECOMMENDATION
taining 5.88 acres.
The City has indicated to this Department that Block 10 is no longer
The House Committee on Interior and Insular Affairs on Septem-
used for school purposes, that the school on Block 10 was torn down
ber 8, 1976, by a voice vote, recommended the enactment of H.R.
in 1966 and that the property is currently vacant. We have been
12213.
advised that the Board of Education desires to construct a new high
DEPARTMENTAL REPORT
school on a tract of equal value and size owned by the City.
The Department of the Interior by letter dated June 14, 1976, which
The City, a municipal corporation, is willing to transfer that land
follows, reports no objection to enactment of H.R. 12213.
to the Board if a new patent free of restrictions could be obtained for
Block 10. It appears that the City wishes to use Block 10 for other
U.S. DEPARTMENT OF THE INTERIOR,
public purposes.
OFFICE OF THE SECRETARY,
Although neither the 1890 Act nor the patent contain any language
Washington, D.C., June 14, 1976.
of reverter to the United States for failure to use the property for
Hon. JAMES A. HALEY,
educational purposes, in our judgment the intent of Congress was
Chairman, Committee on Interior and Insular Affairs, House of
clearly implicit that such use be the only one. This Department gen-
Representatives, Washington, D.C.
erally opposes the removal of reverters or restrictive clauses such as
DEAR MR. CHAIRMAN: This responds to your request for the views
those contained in the 1890 Act and the patent because such removal
of this Department on S. 2004 in the House of Representatives and
tends to defeat the purposes of the original grant of lands and encour-
H.R. 12213, two similar bills "To eliminate a restriction on use of
ages local governments to acquire nearby Federal lands and then
certain lands patented to the city of Hobart, Kiowa County,
sell them for a source of revenue. Furthermore, we are not in favor of
Oklahoma."
relinquishing an interest in Federal land without fair consideration.
We have no objection to enactment of either bill.
At the same time, however, we recognize that changing times and
Under both bills, notwithstanding the Act of May 2, 1890, the Sec-
conditions may necessitate changes in appropriate land uses. Optimum
etary of the Interior will convey to the City of Hobart, Oklahoma,
land use may well be hindered by requiring the continued use of the
all remaining right, title and interest of the U.S. in Block 10 and
subject land for educational purposes. The optimum benefit from edu-
H.R. 1341
H.R. 1541
4
cational lands may best be accomplished by allowing lands presently
required for such use to be utilized for other public purposes in order
to acquire more suitable school land elsewhere. The bill requires that
alternate lands must be used for school purposes.
Both H.R. 12213 and S. 2004 would assist the city and Board of Edu-
cation to achieve their land use and educational goals while carrying
out the purpose of the original grant of lands to the City and preserv-
ing Federal interest in lands in Hobart. We would have no objection to
enactment of either bill. Both bills insure that certain additional con-
ditions are met and assurances given before the reservation is removed.
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,
CHRIS FARRAND,
Acting Assistant Seoretary of the Interior.
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H.R. 1541
S. 2004
Ninety-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 eliminate a restriction on use of certain lands patented to the city of Hobart,
Kiowa County, Oklahoma.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstand-
ing the provisions of the first proviso of section 22 of the Act of May 2,
1890 (26 Stat. 91; 43 U.S.C. 1094), requiring that lands patented
thereunder be maintained for certain purposes for which they were
granted, the Secretary of the Interior (hereinafter referred to as the
"Secretary") is authorized and directed to convey to the city of
Hobart, Oklahoma, all right, title, and interest remaining in the
United States in block 10 of the original townsite of the city of
Hobart and to issue a new patent, without restriction, upon relin-
quishment of patent numbered 1022741 by the city, to carry out the
purposes of this Act: Provided, That the requirements of sections 2
and 3 of this Act have been met.
SEC. 2. No conveyance may be made and no new patent issued pur-
suant to this Act unless the city of Hobart has shown to the satisfac-
tion of the Secretary that-
(1) the lands described in section 1 of this Act shall not be sold
for less than fair market value;
(2) other lands of at least comparable value to block 10 and
more appropriate for school purposes than block 10 will be trans-
ferred to the board of education to be used for school purposes in
perpetuity and
(3) any amount by which proceeds of any sale of block 10
exceed the fair market value of other property transferred to the
board of education in accordance with clause (2) of this section
will be paid to the United States.
SEC. 3. The Secretary, upon his determination that the requirements
of section 2 of this Act are satisfied is authorized and directed to enter
into an agreement or agreements with the city of Hobart, Oklahoma,
whereby, in consideration of a conveyance of the remaining right, title,
and interest of the United States in block 10 and issuance of a new
patent, the city of Hobart agrees that-
(1) title to any property acquired or dedicated for school pur-
poses pursuant to clause (2) of section 2 of this Act will vest in the
United States if such property ever ceases to be used for school
purposes; and
(2) the city of Hobart will include provisions to this effect in
any document of transfer or conveyance to the board of education,
execute a deed to this effect, and deliver said deed to the Secretary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.