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REGISTER
yO LU M E 2

1934

t/Nnto

NUMBER 222

W ashington, Tuesday, N ovem ber 16, 1937
DEPARTMENT OF THE INTERIOR.
General Land Office.

Grazing Act, as amended, will be required to be made to the State by the United States.
Very respectfully, A ntoinette F u n k .

Circolar No. 1438

I nstructions A uthorizing the S ecretary of the I nterior to I ssue P atents to S tates U nder the E xchange P rovi sions of S ection 8 of the T aylor G razing A ct, as A mended, S ubject to P rior L eases I ssued U nder S ection 15 of the A ct O ctober 13, 1937.

Acting Commissioner.
Approved, October 13, 1937.
O scar L. Chapm an ,
Assistant Secretary.
P. R. Doc. 37-3313; Filed, November 13,1937; 9:29 a. m.

Registers, U. S. Land Offices, S irs : The Act o f Congress approved August 24, 1937
Public No. 346, 75th Congress, reads as follows:
That the Secretary of the Interior in adjudicating State ex changes, under section 8 o f the Act o f June 28, 1934 48 Stat.
1269, as amended by the Act of June 26, 1936 49 Stat. 1976, Involving lands embraced in outstanding leases under section 15
of said Act issued prior to the filing of the State exchange appli cation, is hereby authorized upon the request o f any State to issue patent to the State, subject to such outstanding lease:
Provided, That the United States shall not by reason of the issuance o f any such patents be required to account to the State for any money due and coUected prior thereto as rent for any part o f the then-current annual rental period except as is now provided by law.

In accordance with the provisions of this Act, where a State application for exchange under the provisions of the Taylor Grazing Act approved June 28, 1934 48 Stat. 1269, as amended by the Act of June 26, 1936 49 Stat. 1976, is found to embrace lands included in an outstanding lease issued under Section 15 of said Act, before final action is taken by this office with a view to the issuance of patent on such application, the State will be afforded an opportunity to request the issuance o f patent for the land involved subject to such outstanding lease, and upon receipt of such a request by the State, further action will be taken with a view to the issuance of patent, should no objection appear of record.
Accordingly, any application for lease, or for the renewal of a lease, under Section 15 of the Grazing Act, found to be in conflict with a pending State application under Section 8
of the Act, will be suspended and held in this office awaiting final action on the States application.
When an application by the State has been approved for patenting, any such conflicting application for lease, or for the renewal of a lease, will be finally rejected and the case closed by this office. Should the States application be finally rejected, the application for lease, or for renewal of a lease, will be considered upon its merits.
In accordance with th proviso to said Act of August 24, 1937, in cases where the United States has, prior to the issuance of such a patent, received payments fo r an un expired portion of the then current annual rental period, no payment other than that provided for by Section 10 of the
National Bituminous Coal Commission.
Order No. 64

A n O rder P roviding for a H earing to D etermine the N ature and E xtent of I ntrastate C ommerce i n B it u m in o u s C oal i n the S tate of M issouri and the E ffect of S u c h C ommerce U pon I nterstate C ommerce i n S u c h C oal, T o B e H eld at K ansas Ci t y , M issouri , on N ovember 29, 1937, B efore an E xaminer , and N otice T hereof
Pursuant to act of Congress entitled An Act to regulate interstate commerce in bituminous coal, and for other pur poses Public, No. 48, 75th Cong., 1st Sess., known as the Bituminous Coal Act of 1937, the National Bituminous Coal Commission, upon being advised that substantially all trans actions in bituminous coal in intrastate commerce within the State of Missouri directly affect interstate commerce in such coal and will cause undue and unreasonable advantage, preference or prejudice as between such commerce in Missouri on the one hand and interstate commerce in such coal on the other hand as such interstate commerce is pro vided to be regulated by the Bituminous Coal Act of 1937, and that a hearing to determine the effect of intrastate transactions in bituminous coal upon interstate transactions in bituminous coal in the State of Missouri would be desir able, and upon investigation hereby orders:
1.
That on November 29, 1937, commencing at the hour of ten 10 oclock A. M., at the Hearing Room of the Com mission in the Hotel Kansas Citian, Kansas City, Missouri, a public hearing will be held to determine the nature and extent of intrastate commerce in bituminous coal in the State of Missouri, and the effect of such commerce upon interstate commerce in such coal and to determine what, if any, undue or unreasonable advantage, preference or preju dice, will exist between localities in Missouri in such commerce on the one hand and interstate commerce as regulated by the Bituminous Coal Act of 1937 on the other hand and what, if any, undue, unreasonable or unjust dis-<
criminations against interstate commerce in coal have oc curred or will occur under the administration of Section 4
of said Act to the end that the C om m ission may, after hear2871