DISPOSAL OF ELLIS ISLAND IN NEW YORK HARBOR WEDNESDAY, SEPTEMBER 26, 1962 U.S. SENATE, SUBCOMMITTEE ON INTERGOVERNMENTAL RELATIONS, Washington, D.C. The subcommittee met, pursuant to notice, at 9:50 a.m., in room 3302, New Senate Office Building, Senator Edmund S. Muskie (chairman) presiding. Present: Senator Muskie. Also present: Warren I. Cikins, staff director; James E. Smith, chief consultant; Lurlene P. Wilbert, chief clerk; and Walter L. Reynolds, chief clerk and staff director, Committee on Government Operations. OPENING STATEMENT OF THE CHAIRMAN Senator MUSKIE. The committee will be in order. The Subcommittee on Intergovernmental Relations of the Senate Committee on Government Operations is today holding what might be called a preliminary or exploratory hearing on the future disposition of Ellis Island by the United States. Because of the severe time limitations attending the imminent adjournment of the Congress, the scope of this initial hearing has been restricted to testimony from Members of the Senate and representatives of the General Services Administration and the Department of Health, Education, and Welfare, the two Federal agencies which have been most intimately associated with the efforts to dispose of Ellis Island. The subcommittee is keenly aware of the fact that many organizations, institutions, nonprofit corporations, non-Federal public agencies, and private development corporations are very much interested in whatever action the United States may take with respect to the disposition of Ellis Island. We deeply regret that these parties cannot be heard today, but the heavy legislative workload at this late hour in the 87th Congress simply precludes our holding such an extensive hearing. It is the hope and expectation of the subcommittee to hold one or more additional hearings on this subject in November or December, and at that time we will make every effort to hear all parties who have serious and realistic interest in the disposal of Ellis Island. 1 BILLS INTRODUCED IN 87TH CONGRESS During the 87th Congress, five bills providing for the disposal and future utilization of Ellis Island have been introduced in the Senate. They are S. 1118, S. 1198, and S. 1867, all introduced by Senator Sparkman at the request of Mr. Theodore Granik; S. 2596, introduced by Senator Williams of New Jersey; and S. 2852, introduced by Senator Case of New Jersey. It is the understanding of the subcommittee that S. 1867, Senator Sparkman's most recent bill, supersedes his two earlier measures, so it may be said that there are presently three "active" bills pending before the Committee on Government Operations. These bills were all referred to the Subcommittee on Intergovernmental Relations following its creation on July 12, 1962, and because of the short time interval, the subcommittee has not been able to give detailed consideration to this legislation or to the general policy questions raised by the disposal of Ellis Island. It will be our purpose in this opening hearing to gain a broader and more detailed understanding of the fundamental issues and questions involved in the disposal of Ellis Island and beyond this, to obtain an initial glimpse of some of the plans which have been developed for the future utilization of this property. During the 72 years which have elapsed since this property was declared excess to the needs of the United States, a multitude of proposals have been advanced for the future use of Ellis Island. The proximity of the island to several major population centers in New York and New Jersey has prompted the interest of several housing developers. This factor of location has also led to the advancement of plans for public health, educational, and public housing centers on the island. HISTORICAL SIGNIFICANCE OF ELLIS ISLAND Ellis Island has obvious historical significance. For over 60 years the island served as a major reception center of the Immigration and Naturalization Service, and during that period 20 million persons immigrated to the United States through those receiving facilities. At an earlier date Ellis Island had been the site for certain New York Harbor defense installations. Several commemorative uses have been proposed in recognition of Ellis Island's historic role in our Nation's development. While I have not yet studied all of these plans in depth, I am told that there are none which have been seriously advanced which do not have some actual merit. Because of the substantial custodial costs required for the maintenance of the buildings and facilities on Ellis Island, a decision regarding the future utilization of this property must be made in the reasonably early future. Whatever that decision is, it is bound to create disappointment in some quarters, but such cannot be avoided where so many worthy groups are vying for acquisition. It should be clearly understood that this subcommittee enters upon its study of this matter with no predispositions either for or against any of the parties in interest or their plans. LIMITS OF INQUIRY It should further be understood that the latitude of our inquiry will be somewhat narrow. Congress has already established the basic policies and procedures to be followed in the disposition of surplus Federal property with the enactment of the Federal Property and Administrative Services Act of 1949. One of the major reasons for the enactment of that act was to provide a uniform system with standardized procedures to insure that all disposals of surplus Federal property will be consistent with the public interest. GUIDELINES FOR CONGRESSIONAL ACTION In the absence of extraordinary or extenuating circumstances, Congress would itself be violating the spirit and purpose of this act if it were to adopt special legislation for the disposal of Ellis Island. I do not mean to imply that such circumstances or conditions are not present in this case, for, indeed, there may be justification for special legislation. But what I desire to emphasize is that the scope of our study will be limited to a determination of whether or not there are circumstances pertaining to the disposition of Ellis Island which require that Congress adopt additional guidelines to be followed beyond those provided in the basic act. If our study produces the conclusion that all of the proposals advanced for the future utilization of Ellis Island have a nearly equivalent potential to serve the public interest, it would then be unfair and inequitable for Congress to set aside the normal disposal procedures and adopt special standards for the disposition of Ellis Island. This subcommittee recognizes that the Federal departments and agencies which have been involved in the extended efforts to dispose of Ellis Island have worked diligently and conscientiously on this problem. We want it clearly understood that our entrance into this matter in no way implies any lack of confidence in these agencies or their officers. Our sole purpose is to provide an independent review of this problem in the hope that such a review may assist and facilitate those who are earnestly seeking to insure that the future conveyance and utilization of Ellis Island will be wholly consistent with the public interest. If we can achieve that limited objective, I feel we will have contributed something of value. Now, the five Senate bills authorizing disposal of the property which have been referred to this subcommittee will be placed in the record at this point. (The bills referred to follow :) [S. 1118, 87th Cong., 1st sess.] A BILL To authorize the disposal of all or part of the property known as Ellis Island for purposes consistent with the public interest and welfare Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to assure that the property known as Ellis Island, in the harbor of the city of New York, will be utilized effectively in the public interest, the Administrator of General Services (hereinafter referred to as the "Administrator") is authorized to assign to the Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") for disposal such part of the real property constituting Ellis Island (including buildings, fixtures, and equipment situated thereon) as is recommended by the Secretary for educational use, for use in the protection of public health, for use in the provision of housing designed primarily for elderly persons, for recreational use, or for such combination of such uses as the Administrator and the Secretary may deem proper. SEC. 2. The Secretary may sell or lease any property assigned to him pursuant to this Act for any use specified in the first section to any State or political subdivision or instrumentality thereof, any tax-supported institution, any nonprofit institution or corporation which is described in section 501(c)(3) of the Internal Revenue Code of 1954 and is exempt from taxation under section 501(a) of such Code, or any limited-profit corporation organized under the laws of any State for specified purposes. Any such disposal shall be in accordance with the provisions of section 203(k) of the Federal Property and Administrative Services Act of 1949 to the extent that such provisions are not inconsistent with this Act. SEC. 3. In order to provide necessary services or facilities in connection with any property disposed of under section 2 of this Act, the Administrator may, upon the recommendation of the Secretary, sell at fair market value any of the real property constituting Ellis Island (including buildings, fixtures, and equipment situated thereon) which is not assigned to the Secretary under this Act and which is suitable for commercial development. SEC. 4. For the purposes of this Act— (1) the term "elderly persons" means persons, married or single, who are sixty-two years of age or over; and (2) the term "housing" means five hundred or more new living units, not less than 50 per centum of which are specially designed for the use and occupancy of elderly persons. [S. 1198, 87th Cong., 1st sess.] A BILL To authorize the disposal of all or part of the property known as Ellis Island for purposes consistent with the public interest and welfare Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to assure that the property known as Ellis Island, in the harbor of the city of New York, will be utilized effectively in the public interest, the Administrator of General Services (hereinafter referred to as the "Administrator") is authorized to dispose of such part of the real property constituting Ellis Island (including buildings, fixtures, and equipment situated thereon) as he determines is suitable for educational use, for use in the protection of public health, for use in the provision of housing designed primarily for elderly persons, for recreational use, or for such combination of such uses as he deems proper. SEC. 2. The Administrator may sell or lease or otherwise dispose of any of the property referred to in the first section for any use therein specified to any State or political subdivision or instrumentality thereof, any tax-supported institution, any nonprofit institution, foundation, or corporation, or any limitedprofit corporation organized under the laws of any State for specified purposes. Any such disposal shall be in accordance with the provisions of section 203 (k) of the Federal Property and Administrative Services Act of 1949 to the extent that such provisions are not inconsistent with this Act. SEC. 3. In order to provide necessary services or facilities in connection with any property disposed of under section 2 of this Act, the Administrator may sell at fair market value any of the real property constituting Ellis Island (including buildings, fixtures, and equipment situated thereon) which is not disposed of under section 2 and is suitable for commercial development. SEC. 4. For the purposes of this Act (1) The term "elderly persons" means persons, married or single, who are sixty-two years of age or over; and (2) The term "housing" means five hundred or more new living units, not less than 50 per centum of which are specially designed for the use and occupancy of elderly persons. |