ADJUSTMENTS IN FOREIGN SERVICE ANNUITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP61-00357R000100160009-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 27, 2016
• Document Release Date: August 29, 2013
• Sequence Number: 9
• Publication Date: June 20, 1962
• Content Type: OPEN SOURCE

1962
Declassified and Approved For Release 2013/08/29: CIA-RDP61-00357R000170160009-5
CONGRESSIONAL RECORD ? SENATE 10273
the State of Minnesota. As a result of
this act of the Minnesota Legislature,
there is a full-time paid deputy sheriff
in Cass County who does nothing but
supervise the administration of the law,
inspection of boats and the enforcement
thereof in the Leech Lake area. This is
the first time that they ever had this
needed service in the Leech Lake area,
and everyone concerned was most
pleased with it and it worked out quite
satisfactorily. But the Coast Guard's
own admission, the Minnesota law "in-
corporates all the requirements of the
Federal boating laws."
Not only is there quite adequate in-
spection of boats in the Leech Lake area
at the present time by way of the action
of the State legislature, but also I find
it difficult to believe that the Congress in
enacting the statutes to which I have
referred ever contemplated that they
would be used to cover the Leech Lake
area. The Coast Guard has determined
that Leech Lake is part of the navigable
waters of the United States. From a
strictly technical point of view this might
be the case, but I can tell my colleagues
that as a practical matter Leech Lake
can certainly not be considered navig-
able. The Coast Guard argues that
Leech Lake in its original condition was
part of the network of waters used in
that area to transport goods in com-
merce. This, however, was before the
construction of a Federal dam which was
erected to control the water level of the
lake. I can state without fear of suc-
cessful contradiction that while Leech
Lake in the dim distant past might have
been part of a navigable chain of lakes,
such is not the case today. Anyone who
knows the Leech Lake area would laugh
at any suggestion that it would be so con-
sidered.
Therefore, I believe that the Federal
legislation in this regard was never in-
tended to' cover the Leech Lake area.
To put it plainly, this as an area where
the Coast Guard does not need . to use
its personnel. I suggest, if the Coast
Guard has extra personnel, they be used
on the coast in operations where they are
required.
In view of the fact that there is ade-
quate boat regulation in the area now by
way of the action of the State of Minne-
sota, I ask that this bill be promptly
considered, reported, and enacted into
law to correct a situation which has been
a matter of great concern to the people
of that area.
CONVEYANCE OF CERTAIN PUBLIC
LANDS TO LINCOLN COUNTY,
NEV.
Mr. BIBLE. Mr. President, on behalf
Of my colleague, the junior Senator from
Nevada [Mr. CANNON] and myself, I in-
troduce, for appropriate reference, a bill
to direct the Secretary of the Interior
to convey certain public lands in the
State of Nevada to the county of Lincoln,
State of Nevada.
At the present time, the Federal Gov-
errunent owns about 87 percent of the
110,000 square miles that make up the
land area of Nevada. Most of its com-
munities are landlocked as a result of
these tremendous Federal holdings. In
addition, Lincoln County has been ad-
versely affected by the closing of its lead-
zinc mines. Local people have been un-
able to interest industry to move into the
county because of the lack of land for
such purposes. By making this land
available to the community, it is hoped
that those citizens who have been dis-
tressed through the closing of the mines
will have an opportunity to rehabilitate
themselves in some other type of indus-
try. The bill provides that the 2,900
acres of land will be sold to the county
after appraisal for its fair market value.
This legislation is vitally needed, and
I trust it will receive prompt attention
by the Congress.
The VICE PRESIDENT. The bill will
be received and appropriately referred.
The bill (S. 3448) to direct the Secre-
tary of the Interior to convey certain
public lands in the State of Nevada to
the county of Lincoln, State of Nevada,
introduced by Mr. BIBLE (for himself and
Mr. CANNON) , was received, read twice
by its title, and referred to the Commit-
tee on Interior and Insular Affairs.
ADJUSTMENTS IN FOREIGN
SERVICE ANNUITIES
Mr. SPARKMAN. Mr. President, by
request, I introduce, for appropriate ref-
erence, a bill to provide for adjustments
in the annuities under the Foreign Serv-
ice retirement and disability system.
The proposed legislation has been re-
quested by the Department of State and
I am introducing it in order that there
may be a specific bill to.which Members
of the Senate and the public may direct
their attention and comments.
I reserve my right of course, to sup-
port or oppose this bill, as well as any
suggested amendments to it, when the
matter is considered by the Committee
on Foreign Relations.
I ask unanimous consent that the bill
may be printed in the RECORD at this
point, together with the letter from the
Assistant Secretary of State, Mr. Dutton,
dated March 3, 1962, and an explanation
of the bill prepared by the Department
of State.
The VICE PRESIDENT. The bill will
be received and appropria,tely referred;
and without objection, the bill, letter,
and explanation will be printed in the
RECORD.
The bill (S. 3450) to provide for ad-
justments in the annuities under the
Foreign Service retirement and disabil-
ity system, introduced by Mr. SPARKMAN,
by request, was received, read twice by
its title, referred to the Committee on
Foreign Relations and ordered to be
printed in the RECORD, as follows:
Be it enacted by the Senate and Houe of
Representatives of the United States of
America in Congress assembled, That the
first section of the Act of July 12, 1960 (74
Stat. 371), is amended by adding at the end
thereof the following new subsection:
"(e) The benefits provided in subsection
(a) of this section are hereby extended to
not to exceed ten (10) participants who re-
tire and become entitled to receive an an-
nuity from the Foreign Service Retirement
and Disability Fund subsequent to June 30,
1962, and prior to June 30, 1963, whenever the
Secretary of State determines it to be in the
public interest to extend said benefits to any
such participant."
The letter and explanation presented
by Mr. SPARKMAN are as follows:
DEPARTMENT OF STATE,
Washington, D.C., May 3, 1962.
The VICE PRESIDENT,
U.S. Senate.
DEAR MR. VICE PRESIDENT: There is enclosed
draft legislation that will authorize an exten-
sion from June 30, 1962, to June 30, 1963, of
one of the provisions of Public Law 86-612
for a 10-percent increase in Foreign Service
annuities.
A number of participants in the Foreign
Service retirement and disability system who
are eligible for voluntary retirement, subject
to the Secretary's approval, have been able
to take advantage of this substantial annuity
increase by planning retirement prior to
June 30, 1962.
There are in the Service, however, a few
high ranking career officers eligible for vol-
untary retirement and the benefit of this
annuity increase whose services are needed
beyond June 30, 1962.
The Secretary is reluctant to disapprove
their applications for retirement in view of
the financial hardship this would impose
upon them by denying them the benefits of
Public Law 86-612.
This proposed legislation will enable the
Secretary to extend for periods up to 12
months the benefits of Public Law 86-612 to
the few officers who must be kept on duty
beyond its expiration date. This extension
of benefits will apply to not more than 10
officers of the Foreign Service.
Favorable action on this proposal will
greatly assist the Secretary in the adminis-
tration of the Foreign Service.
The Bureau of the Budget advises that.
from the standpoint of the administration's
program, there is no objection to the presen-
tation of this draft legislation to the Con-
gress. .
Sincerely yours,
FREDERICK G. DUTTON,
Assistant Secretary
(For the Secretary of State) .
(Enclosures: tab A, draft bill; tab B, ex-
planation of bill; tab C, cost estimate.)
DEPARTMENT OF STATE EXPLANATION OF BILL
The proposed bill provides authority for
the Secretary of State to extend the bene-
fits provided in subsection (a) of section 1
of Public Law 86-612, approved July 12, 1960,
to June 30, 1963, to not to exceed 10 officers
of the Foreign Service, when he determines
it to be in the public interest to do so.
Public Law 86-612 provides that the annuity
of any participant in the Foreign Service re-
tirement and disability system entitled to
receive an annuity on or before June 30, 1962,
shall be increased by 10 percent.
Section 636 of the Foreign Service Act of,
1946, as amended, provides that any par-
ticipant in the Foreign Service retirement
and disability system who is at least 50
years of age and has rendered 20 years
of service may, on his own application with
the consent of the Secretary of State, be re-
tired from the Service and receive an im-
mediate annuity. A number of participants
in the Foreign Service retirement and dis-
ability system have taken advantage of this
benefit which provides them with a sub-
stantial increase in annuity if their an-
nuity begins before June 30, 1962. The vol-
untary retirement of these participants is
dependent upon the approval of the Secre-
tary. In most instances such approval is
granted. There are, however, in the Service
a few high ranking career officers who near-
ing mandatory retirement age, have elected
to apply for voluntary retirement because
of the benefits accruing to them under the
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Declassified and Approved For Release 2013/08/29: CIA-RDP61-00357R000100160009-5
10274 CONGRESSIONAL RECORD ? SENATE
provisions of Public Law 86-612 whose serv-
ices are needed beyond June 30, 1962. The
Secretary is reluctant to disapprove their
applications for voluntary retirement in view
of the financial hardship this would impose
upon them by denying them the annuity
benefits of Public Law 86-612. On the other
hand, their continued service in the key po-
sitions to which they are assigned (most
of them are serving as Chiefs of Mission
or are assigned to other high level positions)
is in the public interest. This proposed
amendment would enable the Secretary to
extend, in his discretion, for additional
periods up to 12 months the benefits of Pub-
lic Law 86-612 to not to exceed 10 officers.
DEPARTMENT OF STATE ESTIMATE OF COST
The estimated cost of this proposed legis-
lation, spread over a period of years, is:
$360,000.
This cost estimate is based on the assump-
tion that the provision of the bill will be
applicable to 10 officers whose average an-
nuity increase will be $1,800 per year and
that their life expectancy is 20 years
(10 x $1,800 x 20 years $360,000) . This will
be financed from the Foreign Service retire-
ment and disability system and will not re-
quire an appropriation.
RELIEF FOR RESIDENTIAL OCCU-
PANTS OF CERTAIN UNPATENTED
MINING CLAIMS
Mr. CHURCH. Mr. President, I in-
troduce, for appropriate reference, a bill
to provide relief for residential occupants
of unpatented mining claims upon which
valuable improvements have been placed,
and for other purposes. I wish to state
briefly the circumstances which, in my
judgment, indicate a need for the pas-
sage of this bill, and explain how it would
work to relieve situations where strong
and persuasive equities cannot now be
recognized under existing law.
In the mountain West, there is a long
tradition supporting the right of a pri-
vate citizen to go upon the public lands,
to stake a mining claim, and thereafter
to have and retain a possessory interest
immune to interference from anyone.
The power of the Government to chal-
lenge the validity of a mining claim has
been recognized, but the Government
traditionally has interferred little, and
locators and their successors in interest
have felt secure in their right to pos-
session.
Nothing in the mining laws requires
a locator to proceed to patent. He may
never do so, yet his estate is fully main-
tained in its integrity so long as the law,
which is a muniment of his claim, is
complied with. Thus, although some
miners obtain patent to their claims,
many others, content to enjoy their
right of possession to the exclusion of
third parties, have not undertaken the
expensive and protracted procedures
necessary to obtain a patent.
Often in the past, the mining locator
established his home upon his claim and
worked his claim from his home. These
homes have become, in many instances,
permanent residences for the prospec-
tor's heirs. By long-established custom,
mining claims embracing residential im-
provements have been sold for the value
of the improvements, the seller giving a
quitclaim deed.
Thus there can be found, throughout
the West, hundreds of unpatented
mining claims, valuable chiefly for the
fact that they have been used, some-
times for generations, as actual home-
sites, on a year-round or seasonable
basis, by families which have inherited
them from the original locators, or paid
value for the improvements, in reliance
upon the customs prevailing in the area
that effective title could be obtained by
gift, inheritance, or quitclaim deed.
But, for one of a variety of reasons,
many of the claims may not, in fact,
be patentable at the present time. In
some cases, the mineral veins which
justified the original location have been
worked out. In others, mineral deposits
which would have sustained a patent ap-
plication some years ago will no longer
suffice, because rising costs and artifi-
cially fixed prices for the minerals have
rendered actual mining operations un-
economic. In still other cases, due to the
absence of surveys, or to inaccuracies
in them, such claims have been located
upon land which was, in fact, withdrawn
from mineral entry, or has since been
withdrawn, so that patent applications
will not lie.
In all such cases the claims are sub-
ject to invalidation at the initiative of
the Government. The situation was
further aggravated by the passage of
Public Law 167 of the 84th Congress.
This statute, enacted in 1955?more than
2 years before the beginning of my serv-
ice in the Senate?prohibits all uses not
reasonably incident to prospecting, min-
ing, or processing operations on un-
patented claims located after July 23,
1955. Moreover, it authorizes procedures
under which prior locators, or their suc-
cessors in interest, may be required to
prove the validity of their claims or be
subject to the same prohibitions. This
law has resulted in an intensified cam-
paign to drive out people who are using
their claims primarily for residential
purposes. As to those who have pur-
chased claims and given value in the
expectation that they would be allowed
to live on the claims, it means that the
rules of the game have been changed
while play was in progress, and the re-
sults, in many cases, have been grossly
unfair.
Although the residential uses which I
have described present an anomaly to
the law, it is clear that there are, in
many cases, substantial equities based
on custom, need, and value given, in fa-
vor of the users. It is to the problem of
resolving the anomaly, while recognizing,
the equities, that this bill I am introduc-
ing is directed.
It would authorize the Secretary of
the Interior to convey the fee or any
lesser interest in tracts of 5 acres or
less to any person occupying a mining
claim for residential purposes on Jan-
uary 10, 1962, provided the claim is de-
clared invalid or relinquished. Any
conveyance under the bill would be
made at fair market value?exclusive
of any improvements placed on the land
by the applicant or his predecesors in
interest?as of the date of enactment
of the bill, less any equities possessed
by the claimant and his predecessors in
interest. In any case, however, the pur-
chase price would not be less than 50
June 20
percent of the fair market value of the
land. Applications would have to be
filed within 5 years, and the right to
apply would not be assignable.
In cases where the Secretary finds
that the public interest would not be
served by such a conveyance, or where
the land is withdrawn for a purpose
which does not admit of a waiver by the
responsible head of the, administering
agency, the Secretary would have au-
thority to grant, under appropriate reg-
ulations, a preference right to purchase
another tract of land, 5 acres or less in
size, upon payment of a fair price to the
Government.
Mr. President, it is not the way of
a just Government to disturb arrange-
ments, sanctioned by time and custom,
which can be regularized without injury
to the public interest. This the bill
seeks to do.
Senators will be interested to know
that a similar measure, limited origin-
ally to apply only to his home State of
California, was introduced in the House
by Mr. JOHNSON, on March 15. With
amendments suggested by the Interior -
Department and the Forest Service, the
bill has been reported from the House
Subcommittee on Public Lands to the
full Interior Committee. Testimony fa-
vorable to its objectives was received
from administration spokesmen. I am
hopeful that both Houses of the Con-
gress can move speedily to agreement
on a measure which will permit humane
and equitable solutions to the problems
now faced by this large group of resi-
dents on the public lands.
Mr. President, I ask unanimous con-
sent that the bill be printed in the
RECORD.
The VICE PRESIDENT. The bill will
be received and appropriately referred;
and, without objection, the bill will be
printed in the RECORD.
The bill (S. 3451) to provide relief
for residential occupants of unpatented
mining claims upon which valuable im-
provements have been placed, and for
other purposes, introduced by Mr.
CHURCH, was received, read twice by its
title, referred to the Committee on In-
terior and Insular Affairs, and ordered
to be printed in the RECORD, 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 may convey to any
occupant of an unpatented mining claim
which is determined by the Secretary, after
due process, to be invalid an area within
the claim of not more than (a) five acres or
(b) the acreage actually occupied by him,
whichever is less. The Secretary may make
a like conveyance to any occupant of an
unpatented mining claim who, after notice
from a qualified officer of the United States
that the claim is believed to be invalid, re-
linquishes to the United States all right in
and to such claim which he may have under
the mining laws or who within two years
prior to the date of this Act, relinquished
such rights to the United States or had his
unpatented mining claim invalidated after
due process. Any conveyance authorized by
this section, however, shall be made only to
a qualified applicant, as that term is defined
in section 2 of this Act, who applies therefor
within five years from the date of this Act
and upon payment of the amount estab-
lished pursuant to section 5 of this Act.
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