3. That an advisory committee be appointed, composed of representatives of Federal agencies and representatives of the fish and game commissions of the three States concerned, the California State park organization, and a designated park and recreation representative from each of the States of Arizona and Nevada to serve until such time as these States establish State park organizations; to advise the administering agency on the major policies and development program for the area.

4. That as soon as possible and subject to the availability of funds, details of a master plan be drawn up giving high priority to public recreation facilities and services, and to the designation of suitable seasonal homesite areas which may be offered to present squatters, and to the public generally, on a reasonable lease basis.

5. That the general approach to the commercial squatters problem be one of fitting their present trailer park, motel, and lodge facilities gradually into the framework of the master plan, whenever possible.

6. That suitable alternate sites and lease terms be offered to the miscellaneous assortment of private home squatters, most of whom may possibly prefer a stable, legal tenure in contrast to their present haphazard, illegal status.

If court action should become necessary in some cases, it should be undertaken only after consulting the advisory committee.

7. That the program as approved by the Department, be explained fully to the people in communities in the region concerned and to their congressional representatives, and that funds to start the project be sought from the Congress at the earliest possible date.

It is agreed that the reclamation withdrawn public lands along the lower Colorado River shall be available at all times to the Bureau of Reclamation for use and development in connection with the delivery of water under the Boulder Canyon Project Act, including river rectification. Any development for recreational purposes shall be coordinated with and made subject to the plans of the Bureau of Reclamation.

The Parker Dam unit has superior scenic and recreational features along an eleven-mile stretch of river immediately below Parker Dam. Within this area is also found the greatest concentration of trespass occupancy of the withdrawn lands to be found along the river. A program to solve the land use problems of the Parker Dam unit will serve as a pattern for the solution of similar problems elsewhere along the river. Efforts on detailed planning have therefore been concentrated on the Parker Dam unit.

The semi-detailed study on which this proposal for development of the Parker Dam unit is based was made by the National Park Service and is shown on the attached map entitled "Land Use Master Plan, Parker Dam Unit, ArizonaCalifornia," dated December 1956. This plan shows the areas as zoned for the proposed land use and portrays some detailed planning for the area. The lands are zoned for public use, for commercial use, and for residential use, with intervening and surrounding areas left for public access and as buffer strips. Shown also are lands in private ownership, some of which are proposed for Federal acquisition as part of the overall development.

Because of the unique recreational potential of the area it is anticipated that eventually most of the lands on both sides of the river will be included in State parks or in an inter-State park. Practically all residential trespass must be eliminated before such a park can be established.

Specifically with respect to the Parker Dam unit it is recommended

1. That you approve the land use map, attached, entitled "Land Use Master Plan, Parker Dam Unit, Arizona-California," dated December 1956. 2. That the Bureau of Reclamation be assigned responsibility for eliminating residential trespass occupancy along the following lines:

(a) All residential trespass occupants to be served notice to vacate the occupied land and advised of alternate sites available for lease with emphasis on available tracts in the Indian Reservation located immediately to the south of the Parker unit.

(b) Every effort be made to secure voluntary relocation of the restdential trespassers to other residential sites either in the unit or preferably on residential tracts on the Colorado River Indian Reservation.

(c) Except in areas scheduled for early development of public use facilities temporary nontransferable permits be issued on a year-toyear basis, upon payment of reasonable charges for past use, to those who do not elect to move immediately; the rental charges to be assessed from the beginning of the use, or from 1947, whichever is later.

(d) Rentals for residential sites to be charged on the basis of a fair return to Government on the current value of the land for residential purposes.

(e) Since elimination of residential trespass on the immediate riverfront (where most of the trespass is located) is an integral part of the plan, the initial rental charges be doubled each year to insure reasonably prompt relinquishment of the trespass holdings.

(f) Some flexibility will be required in execution of the trespass elimination because of the varied trespass conditions existing in this

area.

(g) As a practical matter it may be necessary for the Department to secure authorization to defray part of the cost of moving houses to new locations or to reimburse for improvements which cannot be moved or otherwise salvaged.

3. That the National Park Service be assigned immediate responsibility for the administration of the Parker Dam unit, including the preparation of plans and specifications for the development of public use and residential areas, for their execution, and for the establishment and enforcement of the standards for commercial use substantially in accord with the land use master plan for the Parker Dam unit.

4. That you authorize the drafting of such legislation as may be required for the carrying out of this plan and program including the acquisition of the privately owned land as indicated on the plan referred to above.

5. Because of the wide interest in any land use program for the Parker Dam unit lands and the conflicting views respecting the use of the land, it is requested that you authorize bringing this matter to the attention of interested members of the Arizona-California congressional delegations at an early date to explain the proposed solution.

The plan proposes to incorporate most of the commercial trespass into the development program for the area. This type of trespass includes trailer courts, motels and lodges. To a large extent these developments will be permitted to remain in their present general location, but the lessees will be required to vacate a strip 200 feet back from the river, and will also be required to bring their sanitary and other facilities up to acceptable standards. Charges for such commercial occupancy, both past and continuing, will be based on a percentage of the gross revenue according to the general formula used by the National Park Service in other areas.

The course of action proposed herein anticipates public use of the major portion of the area, initially under the management of the National Park Service, eventually under the management of the States. It will necessitate rejection of all present pending applications, including the application of the Parker Dam Recreation Association, for the lands on the California side of the river, the application of the town of Parker for the lands on the Arizona side of the river, and numerous applications filed under the Small Tract Act.

OFFICE OF THE SECRETARY, Washington, D.C., June 8, 1959.

HON. WILLIAM P. ROGERS,

Attorney General, Department of Justice,
Washington, D.C.

DEAR MR. ATTORNEY GENERAL: This Department is confronted with acts of willful trespass on Colorado River lands in Arizona and California which have been withdrawn for reclamation and other purposes. An investigation has been underway for some time and will be pursued further to ascertain the extent of these unlawful activities and to identify all of the parties.

On the basis of current information now in hand, we recommend that suit be instituted initially against the following:

1. Earl Hughs, Post Office Box 12, Gadsden, Ariz. This trespass includes parts of sections 2, 3, 10, and 11, T. 11 S., R. 25 W., Gila and Salt River base meridian, approximately 320 acres.

2. J. F. Powers, 630 Avenue "C", Yuma, Ariz. This trespass includes part of section 30, T. 16 S., R. 22 E., San Bernardino Meridian, and part of section 25, T. 16 S., R. 21 E., San Bernardino Meridian, approximately 500 acres.

3. Desert Land Co., Ripley, Calif. This trespass includes section 31 (except SE SE1⁄44), T. 1 N., R. 24 W., Gila and Salt River base meridian, approximately 600 acres, and part of section 4, T. 9 S., R. 22 E., San Bernardino Meridian, approximately 300 acres.

4. Luke Walker, El Solano Hotel, Blythe, Calif. This trespass includes section 30, T. 1 N., R. 23 W., Gila and Salt River base meridian, approximately 640

acres.

5. Ben Langendorf, Box 103, Cross Roads, Calif. This trespass involves the selling of lots between the highway and river in lot 3, section 2, T. 1 N., R. 26 E., San Bernardino meridian.

That actions of parties in continuing trespass upon reserved lands of the United States are unlawful and subject not only to termination by mandatory judicial order but also to the Government's right to compensation for occupancy and use in the past, appear to be clearly established by a landmark decision of the United States Supreme Court. Utah Power & Light Co. v. U.S., 243 U.S. 389 (1917). Unlawful enclosure of exclusive use and occupancy also may be involved contrary to the criminal provisions of the act of February 25, 1885, 23 Stat. 321, 43 U.S.C. 1061–1066.

Regional solicitor, John McB. Meade, 620 Rowan Building, 458 South Spring Street, Los Angeles 13, Calif., and departmental staff members are authorized to furnish your Department and the U.S. attorney any needed assistance in prosecuting these suits.

There are enclosed copies of pertinent documents including maps on which the lands trespassed may be located.

We believe that initiation of suit against the above-named trespassers will prove helpful as we proceed with determinations of such additional specific trespass as may be indicated and at the same time will materially assist this Department in deterring additional future trespass in this general area. We cannot emphasize too much the absolute desirability for early action.

Sincerely yours,

FRED A. SEATON, Secretary of the Interior. DEPARTMENT OF THE INTERIOR, INFORMATION SERVICE, OFFICE OF THE SECRETARY (For release June 9, 1959)

SECRETARY SEATON ACTS TO EVICT LOWER COLORADO RIVER TRESPASSERS

Secretary of the Interior Fred A. Seaton today announced he has asked the Department of Justice to file five eviction suits against trespassers on Federal lands in California and Arizona along the lower Colorado River.

The lands in question have been withdrawn-closed to homestead, small tract, and other entry under the public land laws-for many years in order to assure proper development as well as operation and maintenance by the Bureau of Reclamation of Federal reclamation works. Illegal use of these Federal reclamation lands may extend to as much as 27,000 acres, he said.

In a letter to Attorney General William P. Rogers, Secretary Seaton recommended that five suits be instituted initially. Approximately 900 other individual squatters are estimated to be in trespass in one form or another, using the land illegally for agricultural, residential, commercial or recreational purposes.

"In view of the increasing activities of trespassers, it has become imperative that some action be taken as soon as possible," Secretary Seaton declared. "It is my sincere hope, however, that this situation can be rectified without a multiplicity of suits. I am hopeful, in fact, that successful suits by your Department against persons involved in some of the more flagrant or long existing trespasses will materially assist this Department in using administrative measures to obtain a removal of numerous trespassers and further deter acts of trespass in the future."

The five prospective litigants he cited included four charged with illegal cultivation and use of some 1,760 acres of withdrawn public land. The fifth is charged with "selling" lots owned by the Federal Government. Each of the five persons listed is being notified of the request made to the Justice Department.

The Hoover, Davis, and Parker Dams subdued the once turbulent lower Colorado into a relatively clear stream. Much of the land in question was subject to flooding before Hoover Dam was built and hence valueless for settlement purposes. Thousands of vacationers are now attracted to this desert

area.

The lands withdrawn for reclamation represent important recreational, wildlife and other public assets but it is equally attractive for settlement and crop production. The hundreds of squatters occupying the river banks have made it increasingly difficult for the public to have access to the river for fishing and water sports. Agricultural trespassers are encroaching on large areas bordering the river which are important wildlife habitat.

Along the entire 250 miles of the Colorado River below Davis Dam, the greatest concentration of residential and commercial trespass is in the 11-mile Parker Dam area.

Many veterans have submitted applications for the lands under the Small Tract Act. Action on these submissions has been suspended pending a resolution of the land use and trespass problem. Some veterans, themselves, trespassers, are occupying the land for which they thus applied.

During construction of Parker Dam in the 1930's a number of the construction laborers built houses on the reclamation withdrawn land, thereby becoming squatters. After the dam was completed, some squatters stayed on or sold their houses to others. Additional trespass occurred on a continuous basis from that time until the present. In more recent years, the undeveloped but fertile bottom land, plus a supply of water, albeit diverted illegally, brought in agricultural developers and land speculators along with recreation seekers.

"The requested eviction action is the result of long study and efforts to resolve the complex problem," Secretary Seaton said. He said that, "Concurrent with the action to call a halt to unauthorized use and to prevent future trespass, the Department is considering land-use programs for the lower Colorado area."

RESOLUTION No. 14

COLORADO RIVER SQUATTERS

Whereas hundreds of individuals are known to have occupied illegally the Federal lands along the lower Colorado River in California and Arizona, and Whereas these illegal "squatters" have in many instances denied public access to, and in other ways prevented the sound management and beneficial multiple use of the occupied lands and adjacent public lands: Now, therefore, be it

Resolved, That the Western Association of State Game and Fish Commissioners commends the Honorable Fred A. Seaton, Secretary of the Interior of the United States, for initiating action through the Department of Justice to evict the illegal trespassers; and be it further

Resolved, this association recommends that the Justice Department push the eviction actions with all possible vigor and speed.

Adopted by the Western Association of State Game and Fish Commissioners, Thirty-ninth Annual Conference, Portland, Oreg., July 1, 1959.

Mrs. ProST. I am pleased to have come here from the State of Idaho for this hearing, and at this time the Chair would like to introduce members of the subcommittee present here today.

Congressman Stewart Udall, who was elected in 1954, and immediately came to the House Interior and Insular Affairs Committee, has been a very hard working, very diligent, very conscientious Member of Congress. He met us yesterday in Blythe and we went over the area in cars in order to see some of the problems firsthand.

This is Congressman Udall on my left, and he will make a statement in a few minutes.

On my right is Congressman J. Edgar Chenoweth of the State of Colorado. Congressman Chenoweth has been with us on all hearings except one day during the past week. He was in this area several weeks ago looking into irrigation problems.

Congressman Chenoweth has been a most helpful member of the subcommittee.

The staff members with us are Mr. Karl Landstrom, who is on Mr. Udall's left and our reporter, Mr. Karl Veley.

Senator Goldwater's assistant, Mr. Ted Kazy, is here this morning, as are Mr. Roy Elson, assistant to Senator Hayden, and Dr. Arthur Lee, assistant to Congressman Rhodes of Arizona.

This is my husband, Jack Pfost, who has been traveling with us throughout.

Mr. Orme Lewis, former Assistant Secretary of the Interior, is also present.

The rules of the House of Representatives and the Committee on Interior and Insular Affairs govern the conduct of this hearing. Upon payment of cost to the reporter, any person may obtain a transcript of the testimony.

The chairman understands that the witnesses have been advised that written statements were to be presented in advance and that oral summaries would be limited to not more than 10 minutes to allow time for questioning.

Since these rules were originally set we have had many requests for additional people to be heard, and therefore we feel we must ask you to be as brief as possible.

Following any statements that he may wish to file for the record, we will hear from Congressman Udall. I believe some statements have been submitted, but there has not been opportunity to look them over. These statements will be considered in due course.

I understand Senator Goldwater may join us at a little later time this morning.

Without further ado, the Chair recognizes the gentleman from your own State of Arizona, Congressman Udall.

STATEMENT OF HON. STEWART L. UDALL, A U.S. CONGRESSMAN FROM THE STATE OF ARIZONA

Mr. UDALL. Thank you very much, Madam Chairman. I am sure I speak for everyone in the room when I say we are immensely pleased that this committee saw fit to come into Arizona and discuss this problem.

I think the presence of a jammed room this morning is an indication of the deep interest in this problem. I might say to you that I dare say most of the people in this room have traveled over 200 miles

to be here.

This is a very grave problem; it is a very serious problem. I only want to make a few comments to indicate my basic attitude with regard to the problem.

Along with other members of the subcommittee, I have been studying it, I have been looking into it for the past 2 or 3 years, and it seems to me that this hearing will serve a very important purpose today.