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B-80025 1 (1948-10-01)

handle is hein.gao/gaobadahc0001 and id is 1 raw text is: 








13-80025


COMPTROLLER GENERAL OF THE UNITED STATES
             WASHINGTON 25


-.1


The Honorable,


The Secretary of the Interior.


IOCT 1--


)r dear Mr. Seretary.

     I have your letter of Septmber 3, 19438 as follwes

     I enclos, letters dated Juan 17 and Augst 10 fro& Assistant
Attorney 'GOenral Venech addressed to Mr. Clifford Z. Fixs Chief
Consel  of the Bureat of Reclamation of this Department. These
lettArs relate to the handling of title utters in conne*tm   with
the acquisition by the Bureau of Reclamatiet of lands and interests
in lands acqured  under the Federal Realaation Lowa (Aet  f Jan
17, 1902, 32 Stat. 388, and acts asdatry   thereof or euppmental
thereto) and the tt  of October ts, 191o (5h Stat. 1119), as mended.

     You  ill recall that in an opinion dated September 26 196,
the Attorney General concluded that R. S. 355s as aended (tD U.S.C.
255), requires him to pass on the sufficiency of title. to lands
acquired for the construction and operation of works authorised indar
the Federal Reelamtian  Lava. A copy of that ePinion and of an
earlier opinion, to the contrary, of the Aotigns Solicitor of this
.partmaent arc enclosed for your conveniene.  While this 'epart-
mnst believes that a different legal coclusien could and should
bave been reached by the Attorney General, painerus cnterenaes
have been held by reprsntatives  of this Depariant  with those of
the Departmnt  of Justice in an effort to formu2ate a aethod of
proceche  hasmwsising, as far as possible, the requirements of the
Atterney General with those arising trem the practical aspeets of
the Bureau'e land acquisition program.

     Te  letter of Jne  17 frcs Assistant Attorney General Vanchb
to which I have referred, contains a statement of the coneausions
of the D)pArtmnt  of Justice as to the procedure required to be
followed in title matters by the Bureau of telantion.   Of partic-
ular interest to us is the provistau that

     n I.. if the abstracts of title disclose that the Yedara'
titles are free fr   doubt of consequens Or when the certficateS
of title or title iasuranee policies, obtained frem title companies
approved by this apartment,  report the tites to be fr*e tem  ob-
jections eeat   thos  which may be satisfied by the pamnt  of


7Th-( /
  7


TI


JRT

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