Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
1669285
label
1976/04/13 HR4941 Relief of Oscar H Barnett
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
1669285
sourceUrl
contentType
document
title
1976/04/13 HR4941 Relief of Oscar H Barnett
citationUrl
collections
White House Records Office: Legislation Case Files
Legislation Case Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1669285
coverageEndDate
logicalDate
1976-04-30
month
4
year
1976
coverageStartDate
logicalDate
1976-04-01
month
4
year
1976
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
f121ca3c1f366247
ocrText
The original documents are located in Box 43, folder "4/13/76 HR4941 Relief of Oscar H
Barnett" of the White House Records Office: Legislation Case Files at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 43 of the White House Records Office Legislation Case &4/13/76 Files at the Gerald R. Ford Presidential Library
APPROVED
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: April 16
April 12, 1976
4/13
who
MEMORANDUM FOR
FROM:
THE PRESIDENT P
JIM CANNON
SUBJECT:
H.R. 4941 - Relief of
Oscar H. Barnett
Attached for your consideration is H.R. 4941, sponsored
by Representative Montgomery, which authorizes the
Secretary of the Interior to convey to Oscar H. Barnett,
a 20-acre tract of land located in Leake County, Mississippi.
This action would remove any confusion with respect to
Mr. Barnett's title which may have been caused by a
misunderstanding in 1922 between the Department of the
Interior and the previous owners of the land.
Additional information is provided in OMB's enrolled 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. 4941 at Tab B.
FORD is LIBRARY OERALD
Press /fee advised 4/13/76 (115pm)
OFFICE WTRE PRESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
APR 8 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 4941 - Relief of Oscar H.
Barnett
Sponsor - Rep. Montgomery (D) Mississippi
Last Day for Action
April 16, 1976 - Friday
Purpose
Authorizes the Secretary of the Interior to convey to Oscar
H. Barnett, without consideration, a 20-acre tract of land
located in Leake County, Mississippi.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
Approval
Discussion
In 1922, a 20-acre tract located in Leake County, Mississippi,
was among several areas under consideration by the Depart-
ment of the Interior for use as a day school for the Choctaw
Indians. However, before a final decision was reached by
the Department, the owners of this tract had the deed recorded
which would have given Interior title. Subsequently, a
different parcel was chosen for the day school, and convey-
ance of the 20-acre tract to Interior was not effective.
2
Even though the United States never acquired either title
or any interest in the described lands, the bizarre nature
of the 1922 transaction appears to have clouded the title
to this tract, now held by Oscar H. Barnett.
The enrolled bill would authorize the Secretary of the
Interior to convey to Oscar H. Barnett, by quitclaim deed
or other appropriate instruments, all right, title, and
interest of the United States to the tract described above.
Conveyance would be without consideration and without war-
ranty of title.
In its enrolled bill letter, Interior notes that it has
no interest in the land involved and concludes in stating:
"We understand that Mr. Barnett has owned
the 20-acre tract since 1953. We have no
objection to approval of H.R. 4941 which
would remove any clouds on Mr. Barnett's
title that may have been caused by the
confused transactions in the 1920's."
James m. Jrey Assistant Director for
Legislative Reference
Enclosures
OF INTERIOR
United States Department of the Interior
OFFICE OF THE SECRETARY
March
3,
1849
WASHINGTON, D.C. 20240
APR 6 - 1976
Dear Mr. Lynn:
This responds to your request for the views of this Department on
the enrolled bill H.R. 4941, "For the relief of Oscar H. Barnett."
We recommend that the bill be approved by the President.
H.R. 4941 authorizes the Secretary of the Interior to convey
to Oscar H. Barnett, by quitclaim deed or by other appropriate
instrument, without consideration, all right, title, and interest
of the United States to a certain tract of land in Leake County,
Mississippi.
Our records indicate that on December 18, 1922, C. W. Triplett, Jr.,
and his wife purported to convey the 20-acre tract described in the
bill to the United States for use as a day school for the Choctaw
Indians. The consideration to be paid for the conveyance was to
have been $500.00.
Through a misunderstanding of the desires of the Department of the
Interior, the grantors had the deed recorded on December 30, 1922,
among the county records of Leake County, Mississippi, before it had
been submitted to the Department of the Interior for approval. In
fact, the recommendation made by the Commissioner of Indian Affairs
on May 4, 1923, to the Secretary of the Interior was that the deed
of conveyance not be accepted. On May 5, 1923, the Secretary approved
the recommendation of the Commissioner of Indian Affairs, and, thus
the deed of conveyance was not approved.
In order for the conveyance to have been effective, it was necessary
for it to be approved by the Department of the Interior. Since there
was no such approval, title did not pass and the United States acquired
no interest in the land described in the bill. The Bureau of Indian
Affairs, in fact, acquired a nearby tract of land on which it established
a day school for the Choctaw Indians. Accordingly, this Department
has no interest in the land involved in this bill.
FORD
REVOLUTION
AMERICAN
BICENTENNIAL
1776-1976
We understand that Mr. Barnett has owned the 20-acre tract since
1953. We have no objection to approval of H.R. 4941 which would
remove any clouds on Mr. Barnett's title that may have been caused
by the confused transactions in the 1920's.
Sincerely yours,
Assistant Jack Horton
Secretary of the Interior
Honorable James T. Lynn
Director, Office of
Management and Budget
Washington, D.C. 20503
2
FORD is LIBRAR
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
April 8
Time: 700pm
FOR ACTION: George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus on
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date:
April 9
Time:
500pm
SUBJECT:
H.R. 4941 - Relief of Oscar H. Barnett
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
FORD 97V83 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
K. R. COLE, JR.
telephone the Staff Secretary immediatel
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
April 8
700pm
FOR ACTION:
George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date:
April 9
Time:
500pm
SUBJECT:
H.R. 4941 - Relief of Oscar H. Barnett
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
Recommed
approval shep
G. 4/9
LIBRARY GERALD R. FORD
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
9:30A
30A
4/9
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
April 8
700pm
FOR ACTION:
George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date:
April 9
Time:
500pm
SUBJECT:
H.R. 4941 - Relief of Oscar H. Barnett
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 4/9/76
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
James M. Cannon
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
April 9, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF w G.
SUBJECT:
H.R. 4941 - Relief of Oscar H. Barnett
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
FORD is LIBRARY
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-682
FOR THE RELIEF OF OSCAR H. BARNETT
NOVEMBER 25, 1975.-Committed to the Committee of the Whole House and
ordered to be printed
Mr. HALEY, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany H.R. 4941]
The Committee on Interior and Insular Affairs, to whom was re-
ferred the bill (H.R. 4941) for the relief of Oscar H. Barnett, having
considered the same, report favorably thereon without amendment and
recommend that the bill do pass.
PURPOSE
The purpose of the proposed legislation is to authorize the Secre-
tary of the Interior to convey by quitclaim deed or by other appro-
priate instruments, and without consideration, to Oscar H. Barnett,
all right, title and interest of the United States in a 20-acre tract of
land located in Leake County, Mississippi, described as the: South
half of northwest quarter of northwest quarter, section 25, township
11 north, range 7 east of the Choctaw Meridian in Leake County,
Mississippi.
EXPLANATION
The records of the Department of the Interior indicate that in 1922,
C. W. Triplett, Jr., and his wife purported to convey a 20-acre tract
of land to the United States for use for a day school for the Choctaw
Indians.
Through a misunderstanding, the grantors had the deed recorded
in the County Records of Leake County, Mississippi, before it had
been submitted to the Department of the Interior for approval and
acceptance. As a matter of fact, the Commissioner of Indian Affairs
had recommended against approval and acceptance and the Secretary
of the Interior had approved his recommendation. Accordingly, the
United States never acquired any interest in the land.
The Bureau of Indian Affairs did acquire a nearby tract for a day
school for the Choctaw Indians.
57-007
2
3
The Department of the Interior has indicated its understanding
dians. The consideration to be paid for the conveyance was to have
that Mr. Barnett has owned the land since 1953 and that the Depart-
been $500.00.
ment would have no objection to enactment of H.R. 4941.
Through a misunderstanding of the desires of the Department of
The legislation would remove a cloud on Mr. Barnett's title to the
the Interior, the grantors had the deed recorded on December 30, 1922,
land, which was created by the attempted conveyance to the United
among the county records of Leake County, Mississippi, before it had
States by C.W. Triplett, Jr., and his wife. It would not involve pay-
been submitted to the Department of the Interior for approval. In
ment of any government funds and the government would not be re-
fact, the recommendation made by the Commissioner of Indian Af-
quired to warrant title.
fairs on May 4, 1923, to the Secretary of the Interior was that the deed
of conveyance not be accepted. On May 5, 1923, the Secretary approved
COST AND BUDGET.ACT COMPLIANCE
the recommendation of the Commissioner of Indian Affairs, and, thus
the deed of conveyance was not approved.
Enactment of this legislation would have no federal budget impact.
In order for the conveyance to have been effective, it was necessary
for it to be approved by the Department of the Interior. Since there
OVERSIGHT STATEMENT
was no such approval, title did not pass and the United States acquired
Pursuant to Rule X, clause 2 (b) (1), the Committee on Interior and
no interest in the land described in the bill. The Bureau of Indian
Insular Affairs will not have any responsibility for oversight if the
Affairs in fact acquired a nearby tract of land on which it established
legislation becomes law since the legislation merely removes a cloud
a day school for the Choctaw Indians. Accordingly, this Department
on the title of a property which is already privately owned.
has no interest in the land involved in this bill.
We understand that Mr. Barnett has owned the 20-acre tract since
INFLATIONARY IMPACT
1953. We have no objection to enactment of H.R. 4941 which would
remove any clouds on Mr. Barnett's title that may have been caused
Since no costs are involved, this legislation will result in no infla-
by the confused transactions in the 1920's.
tionary impact.
The Office of Management and Budget has advised that there is no
objection to the presentation of this report from the standpoint of the
COMMITTEE RECOMMENDATION
Administration's program.
Sincerely yours,
The Committee on Interior and Insular Affairs recommends, by a
JOHN H. KYL,
voice vote, that the bill, H.R. 4941, be enacted.
Secretary of the Interior.
DEPARTMENTAL REPORTS
The favorable report received by the Committee from the Depart-
ment of the Interior dated April 24, 1975, follows:
U.S. DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, D.C., April 24, 1975.
Hon. JAMES A. HALEY,
Chairman, Committee on Interior and Insular Affairs, House of
Representatives, Washington, D.C.
DEAR MR. CHAIRMAN This responds to your request for the views
of this Department on H.R. 4941, a bill "For the relief of Oscar H.
Barnett."
We recommend that the bill be enacted.
H.R. 4941 would authorize the Secretary of the Interior to convey
to Oscar H. Barnett, by quitclaim deed or by other appropriate instru-
ment, without consideration, all right, title, and interest of the United
States to a certain tract of land in Leake County, Mississippi.
Our records indicate that on December 18, 1922, C. W. Triplett, Jr.,
and his wife purported to convey the 20-acre tract described in the
bill to the United States for use as a day school for the Choctaw In-
H.R. 682
H.R. 682
H. R. 4941
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
For the relief of Oscar H. Barnett.
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 authorized to convey by quitclaim deed or by other
appropriate instruments, without consideration and without warranty
of title, to Oscar H. Barnett, all right, title, and interest of the United
States in and to the following tract of land located in Leake County,
Mississippi: South half of northwest quarter of northwest quarter,
section 25, township 11 north, range 7 east of Choctaw meridian in
Leake County, Mississippi.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
April 5, 1976
Dear Mr. Director:
The following bills were received at the White
House on April 5th:
/H.R. 1466
H.R. 4941
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D.C.