The following two letters from the honorable Secretary of the Interior regarding this proposed legislation are hereby made a part of this report.

The first letter, addressed to Hon. John D. Works, heartily approves of the bill under consideration. The second letter, addressed to the chairman of the House Committee on the Public Lands, explains the purpose of the legislation.

DEPARTMENT OF THE INTERIOR,
Washington, January 25, 1913.

MY DEAR SENATOR: Your letter of January 25 has been received, calling attention to House bill 26737, to amend an act approved October 1, 1890, entitled "An act to set apart certain tracts of land in the State of California as forest reservations." You inclose a copy of the bill which you have prepared which embodies the amendments suggested by this department to the above-mentioned bill, which you propose to introduce on Monday next, and desire an expression of my views on the subject as early as possible, to avoid the time necessarily consumed in referring the bill to this department by the Senate Committee on Public Lands.

In response thereto I transmit herewith a copy of department letter of January 6, 1913, reporting on House bill 26737, which sets out the necessity for this legislation. The tentative bill submitted by you has been carefully examined and conforms in every way to the amended bill as suggested by this department. It has my hearty approval, and I recommend its enactment into law at the earliest possible date.

In relation to the inquiry as to the advisability of securing appropriations from Congress sufficient to enable this department to provide for the improvement of the road from the western boundary of the park into the floor of the valley, I have to state that the present road is too narrow even for the proper accommodation of the present traffic and should be widened and otherwise improved.

This department will cooperate with you in every way practicable looking to the securing of adequate appropriations for the protection and improvement of this park. The appropriation for the Yosemite Park for the present fiscal year is $80,000, and the estimates of the department as submitted to Congress for the protection and improvement of the Yosemite National Park for the fiscal year ending June 30, 1914, amount to $233,703.

Respectfully,

Hon. JOHN D. WORKS,

WALTER L. FISHER, Secretary.

United States Senate.

DEPARTMENT OF THE INTERIOR,
Washington, January 6, 1913.

Hon. Jos. T. ROBINSON,

Chairman Committee on Public Lands, House of Representatives.

SIR: Your letter of December 11, 1912, has been received, inclosing request for report on H. R. 26737, to amend an act approved October 1, 1890, entitled "An act to set apart certain tracts of land in the State of California as forest reservations." The bill in question is as follows:

"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 empowered to lease for a period not exceeding twenty years, at an annual rental to be determined by him, to any person, corporation, or company he may authorize to transact business in the Yosemite National Park, separate tracts of land not exceeding twenty acres each, at such places, not to exceed ten in number, to any one person, corporation, or company, in said park as the comfort and convenience of visitors may require, for the construction and maintenance of substantial hotel buildings, and buildings for the protection of motor cars, stages, stock, and equipment.

"Any person, corporation, or company holding a lease within said park for the purposes above described is hereby authorized, with the approval of the Secretary of the Interior, to execute mortgages upon his or its rights, properties, and franchises, including his or its contract or contracts with the Secretary of the Interior; and such mortgages, together with the approval of said Secretary of the Interior, may be filed for record in the office of the Secretary of the Interior, and when so recorded shall have all the effect of a public record.

"Any mortgage, lien, or encumbrance created under the provisions hereof shall be subject to the rights of the Government to compel the enforcement of the terms of the lease or contract of the mortgagor, and any purchaser under a foreclosure of such encumbrance shall take subject to all the conditions assumed by the original lessee or contractor.

"All provisions of existing law in relation to said park not in conflict herewith are hereby continued in full force and effect."

In response thereto, I have to state that legislation similar to that contemplated in the bill is embodied in the act of June 4, 1906 (34 Stat., 207), to amend an act approved August 3, 1894, entitled "An act concerning leases in the Yellowstone National Park," except that in the latter bill the lease period was fixed at not exceeding 10 years. Subsequently, however, by act of March 2, 1907 (34 Stat., 1219), the act above mentioned was amended so as to provide for the granting of leases for periods not exceeding 20 years.

The legislation above referred to relates only to the Yellowstone National Park, where, owing to the severity of the winter season, hotels are kept open only during the tourist season; whereas the conditions in the Yosemite Park are quite different, the valley being open for the accommodation of visitors at all seasons of the year. As it will require considerable expenditure of money to construct hotel buildings in the Yosemite Valley for the accommodation of the public, and the department has under existing law (which will permit of the granting of leases for but 10 years and for a limited acreage) experienced great difficulty in finding reliable persons who would be willing to invest their capital therein, it is believed, in addition to the increase in the term of years and the acreage authorized to be leased, that the provision should be made in the bill under consideration whereby parties investing capital in hotels in the park will be given greater protection for their investments than the bill now affords. I have, therefore, to suggest the striking out of the first paragraph in the bill and the inserting in lieu thereof of the following:

"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 empowered to grant leases for periods of not exceeding twenty years, at annual rentals and under terms and conditions to be determined by him, to any person, corporation, or company he may authorize to transact business in the Yosemite National Park, for separate tracts of land not exceeding twenty acres each, at such places not to exceed ten in number, to any person, corporation, or company in said park as the comfort and convenience of visitors may require; for the construction and maintenance of substantial hotel buildings and buildings for the protection of motor cars, stages, stock and equipment, etc. Such leases may, at the option of the Secretary of the Interior, contain appropriate provisions for the appraisement, at the expiration of the lease, of the value of such hotel and other buildings (or portions thereof) as may be constructed by the lessees, respectively, and the payment of the same to the lessees in case a new lease be made to persons other than the said lessees, such payments to be made by such new lessees, respectively."

In the second paragraph of the bill, line 5, the word "franchises" it is believed should be eliminated as being too broad in character; the language following in the bill covers everything of a mortgageable nature or interest. The paragraph should also provide for the execution of mortgages in duplicate, so that one copy could remain in the files of the department and the other be returned to lessees. I accordingly suggest the elimination of paragraph 2 of the bill and the substitution therefor of the following:

"Any person or corporation or company holding a lease or leases within said park for the purposes above described is hereby authorized, with the approval of the Secretary of the Interior, to execute mortgages upon his or its rights and properties, including his or its contract or contracts with the Secretary of the Interior; such mortgages shall be executed in duplicate and delivered to the Secretary of the Interior for his approval, and upon his approval thereof he shall retain one of said duplicates and file the same for record in his office."

If the bill be amended in accordance with these suggestions, it has my hearty approval, and I earnestly recommend that it be enacted into law at the earliest practicable date.

Respectfully,

WALTER L. FISHER, Secretary.

On February 1, 1913, Hon. John E. Raker submitted a letter to the Secretary of the Interior in regard to H. R. 26737 and S. 8279 as to the present law and the proposed bills authorizing the Secretary of the Interior to make leases for permanent or temporary camps

and their adjuncts for periods not exceeding 10 years and for parcels of ground not exceeding 5 acres, which letter is as follows:

Hon. WALTER L. FISHER,

Secretary of the Interior, Washington, D. C.

FEBRUARY 1, 1913.

MY DEAR MR. SECRETARY: I have just received the following telegram from David A. Curry:

"Relative joint telegram, my rebuilding plans contemplate outlay $30,000 yearly; leases due last November not yet granted. Nobody but fools and gamblers would begin camping business under present conditions. Circumstances compel our continuance if amended bill is impossible. Will you and Needham urge Secretary Interior necessity longer leases?"

Also a telegram from John S. Washburn, William Sell, David A. Curry, and William Sell, jr., which telegram if as follows:

"Senate bill now pending provides for 20 years' concessions for hotels in Yosemite Valley, but makes no provision for camps, which are practically only hotel holders of camp privileges in Yosemite now allowed one year only; think they should be given at least 10 years, thus enabling them to make certain permanent improvements in camps; investments now represent many thousands of dollars. If not asking too much, will you in conjunction with Messrs. Hayes, Raker, Needham, and other California Congressmen endeavor to have the bill amended so as to allow 10-year leases for camps?

"JOHN S. WASHBURN.

"WM. SELL.

"DAVID A. CURRY.
"WM. SELL, Jr."

These telegrams relate to H. R. 26737 and S. 8279, having for their purposes the amendment of an act approved October 1, 1890, entitled "An act to set apart certain tracts of land in the State of California as forest reservations." The parties desire that the bill should be amended so as to give the Secretary authorization to lease camping privileges for a term not exceeding 10 years. From a personal standpoint, it would seem to me that they could have no objection to said amendment, and undoubtedly it would be of great value in building up the necessary and proper tents to accommodate the public who desire to go into this.

Would like to have your views upon the matter and your suggestions as to the amendment.

An early reply is solicited, so that it can be used when the bill is called up for hearing. JOHN E. RAKER, M. C.

Yours, most truly,

On February 3, 1913, the honorable Secretary of the Interior made the foliowing official reply thereto:

Hon. JOHN E. RAKER,

THE SECRETARY OF THE INTERIOR,
Washington, February 3, 1913.

House of Representatives, Washington, D. C. DEAR SIR: Replying to your letter of February 1, 1913, I have examined the pending bills (H. R. 26737 and S. 8279) amending "An act to set apart certain tracts of land in the State of California as forest reservations," and am of opinion that no further amendment on these pending bills is necessary in order to authorize the Secretary of the Interior to make leases for permanent or temporary camps and their adjuncts for periods not exceeding 10 years and for parcels of ground not exceeding 5 acres. The express authority for this purpose is conferred by the original act of October 1, 1890, and the pending bills relate wholly to "the construction and maintenance of substantial hotel buildings and buildings for the protection of motor cars, stages, stock and equipment, and so forth." The last section, section 4 of the pending bills, expressly provides

That all provisions of existing law in relation to said park not in conflict herewith are hereby continued in full force and effect."

It seems to me clear that the passage of the pending bills will leave ample authority in the Secretary to protect the legitimate interests of the camp concessionaires like Mr. Curry and others. There have already been amendments suggested to these

pending bills, which, I understand, have been incorporated in the House bill and are incorporated in the Senate bill. I understand that the Senate bill has passed the Senate and is in good position for prompt passage by the House.

Under these circumstances I dislike to make further suggestions of amendment which may interfere with the prompt passage of the legislation.

The reason why camp permits have heretofore been limited to one year is not the lack of authority in the Secretary to make leases for longer terms, but the opinion held in this department that leases of this character should not exceed one year, so that the whole camp situation may be kept under the effective control of the department. In fact, the general policy of the department is to keep all of its permits on a yearly basis so far as possible. The reason for the pending bills is that a substantial period is absolutely necessary to justify the large investment now required for permanent hotels and their adjuncts. Any Secretary of the Interior would doubtless wish to limit the permits for camping purposes in the Yosemite until he can see just how the camping privileges are working out in connection with much more expensive hotel projects.

Under all the circumstances, I think it very desirable that you do not seek to amend the pending bills further at this time.

Respectfully,

WALTER L. FISHER, Secretary.

Your committee are therefore of the opinion that full and ample provisions are made for the management of the park, and that the enactment of this bill will give the Secretary of the Interior such power and authority to handle all the various interests of the Yosemite National Park to the interest of the general public and the Government as well.

It will permit leases of a sufficient and reasonable length of time to be made to those who can and will build a substantial hotel and other necessary buildings, and will also permit leases to be made to those who desire to lease ground for permanent camps, etc., for periods from 1 to 10 years.

O