Senator JAVITS. As having been sent to GSA? Mr. WYDLER. As this person's understanding of what GSA's attitude was and the reason for it in this particular case. Senator JAVITS. An intraoffice memo. Mr. WYDLER. That is right Senator JAVITS. Then I heard you say that Mr. Celebrezze made some statement about whether or not he was asked to give recommendations in this case, and the limitations of the request. Can you give us that specifically and where you saw such a memorandum? Mr. WYDLER. It is contained in a transcript of testimony made at the time the Commissioner was visited by the Nassau County delegation of judges, for want of a better name, I will call them that. The exact quote is as follows: The Secretary stated that the Department of Health, Education, and Welfare had made no recommendations in this matter. Of course, this particular meeting was held quite late, I forget exactly when, but it was in the fall of 1962. The land at Mitchel Field was allocated to them-meaning the Department of Health, Education, and Welfare-by GSA, for high schools, Community College, and Hofstra College, in effect that they had given them all of the land and told them— Senator JAVITS. When you say all of the decisions, I would like to pinpoint that. Is it your contention that what GSA did was to allocate 250 acres of this total acreage to the uses of the Nassau Community College, Hofstra, et cetera, and in connection with that allocation that it had not received a recommendation from HEW as to whether that should be 250 acres or some other figure? Mr. WYDLER. That is correct. Senator JAVITS. Is that correct? Senator JAVITS. Is that the essence of your claim? Senator JAVITS. That the GSA first allocated 250 acres, and then perhaps said to HEW, "Now, how do we divide it"; is that correct? Mr. WYDLER. Well, I don't even think that is correct, Senator. It goes further than that. They allocated it specifically to these units as to the exact number of acres and then said, "Now survey and see what the educational needs are." Senator JAVITS. Yes, but your claim as to why we ought to ask the GSA to reconsider is that they themselves allocated whatever they allocated to education without a recommendation of HEW directed at how much of the total amount of acreage declared surplus is needed for education. Mr. WYDLER. That is correct. Senator JAVITS. Out of the aggregate amount of acreage declared surplus; is that correct? Mr. WYDLER. That is correct. Senator JAVITS. That is the plan then? Mr. WYDLER. Yes. Senator JAVITS. Are you a lawyer? Mr. WYDLER. Yes, I am. Senator JAVITS. Do you understand it to be a rule of statutory construction that where possible all parts of law should be made to fit together, where possible? Mr. WYDLER. I do. Senator JAVITS. Now, isn't it a fact that a statutory scheme for the disposal of this property would be as follows, based upon the law which is before us? One, that the GSA would determine what is surplus by a request first of the Federal departments as to whether they need the property. Two, having determined and declared what is surplus, GSA should then allow local agencies of government to perfect a comprehensive and coordinated plan of use and procurement according to section 484a of title 40 of the United States Code. We will argue about whether it is in effect or not later. I am confident it is. And, third, having received those plans, GSA should ask for the recommendations of the Government departments whom the law, section 484 (k) (1) of title 40 of the United States Code, which is section 203 (k) (1) of the Federal Property and Administrative Services Act, not we, but the law, says shall make the recommendations, and having received those recommendations, then to make the decision. Would that be in accord with the statutory scheme? Mr. WYDLER. That is what I understand it to be. Senator JAVITS. Now if that had been done in this case, would you be complaining? Mr. WYDLER. No, I would not. Senator JAVITs. You are complaining because you say it was not done in this case; is that correct? Mr. WYDLER. That is correct. Senator MUSKIE. I think it would be useful at this point to insert in the record the applicable sections of the statute. I think it would be very enlightening. This is section 203 (k) (1) of the Federal Property and Administrative Services Act. (The section referred to follows:) (k) (1) Under such regulations as he may prescribe, the Administrator is authorized, in his discretion, to assign to the Secretary of Health, Education, and Welfare for disposal such surplus real property, including buildings, fixtures, and equipment situated thereon, as is recommended by the Secretary of Health, Education, and Welfare as being needed for school, classroom, or other educational use, or for use in the protection of public health, including research. Senator MUSKIE. I think there is a real ambiguity here that the committee is going to have to consider, and the statute suggests it. Senator JAVITS. I think we also ought to insert at the same point section 484a of title 40 of the United States Code, and if anybody wants to argue about whether that is existing law, they can argue about it. Senator MUSKIE. Without objection that will be inserted also. (The material referred to follows:) TITLE 40, UNITED STATES CODE, SECTION 484A DISPOSAL OF SURPLUS REAL ESTATE AND BUILDINGS; COMPREHENSIVE AND COORDINATED PLAN OF USE AND PROCUREMENT In disposing of surplus real estate and buildings a reasonable period of time shall be allowed for local governmental units to perfect a comprehensive and coordinated plan of use and procurement. (Public Law 86-626, title I, sec. 101, July 12, 1960, 74 Stat. 434.) Senator JAVITS. I think also if counsel would pick out for us the pertinent sections which relate to the Interior Department. Senator MUSKIE. That will also be inserted. (The material referred to follows:) TITLE 50, UNITED STATES CODE, APPENDIX 1622 (h) PUBLIC PARKS, RECREATIONAL AREAS, AND HISTORIC-MONUMENT SITES (1) Notwithstanding any other provision of this Act [former sections 16111614, 1615-1622, 1623-1632 and 1633-1646 of this Appendix], any disposal agency designated pursuant to this Act [said sections] may, with the approval of the Administrator of General Services, convey to any State, political subdivision, instrumentalities thereof, or municipality all of the right, title, and interest of the United States in and to any surplus land, including improvements and equipment located thereon, which in the determination of the Secretary of the Interior, is suitable and desirable for use as a public park, public recreational area, or historic monument, for the benefit of the public. The Administrator of General Services, from funds appropriated to the War Assets Administration, shall reimburse the Secretary of the Interior for the costs incurred in making any such determination. (2) Conveyances for park or recreational purposes made pursuant to the authority contained in this subsection shall be made at a price equal to 50 per centum of the fair value of the property conveyed, based on the highest and best use of the property at the time it is offered for disposal, regardless of its former character or use, as determined by the Administrator of General Services. Conveyances of property for historic-monument purposes under this subsection shall be made without monetary consideration: Provided, That no property shall be determined under this paragraph to be suitable or desirable for use as an historic-monument except in conformity with the recommendation of the Advisory Board on National Parks, Historic Sites, Buildings and Monuments established by section 3 of the Act entitled "An Act for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (49 Stat. 666) [section 463 of Title 16], and no property shall be so determined to be suitable or desirable for such use if (A) its area exceeds that necessary for the preservation and proper observation of the historic monument situated thereon, or (B) is historical significance relates to a period of time within the fifty years immediately preceding the determination of suitability and desirability for such use. (3) The deed of conveyance of any surplus real property disposed of under the provisions of this subsection (A) shall provide that all such property shall be used and maintained for the purpose for which it was conveyed for a period of not less than twenty years, and that in the event that such property ceases to be used or maintained for such purpose during such period, all or any portion of such property shall in its then existing condition, at the option of the United States, revert to the United States; and (B) may contain such additional terms, reservations, restrictions, and conditions as may be determined by the Administrator of General Services to be necessary to safeguard the interests of the United States. Senator MUSKIE. Congressman, do you have anything further? Senator MUSKIE. Thank you very much for your statement. Senator MUSKIE. Mr. Eugene H. Nickerson, Nassau County executive, is scheduled to be the next witness but is not present for the reason Senator Javits has given. Is there anyone here representing Mr. Nickerson, other than the other witnesses who are already scheduled to appear? Senator JAVITS. Mr. Chairman, I ask unanimous consent that I may insert at this point in the record such letter as I believe is on its way to me from the county executive. Senator MUSKIE. Without objection. (The letter referred to follows:) NASSAU COUNTY, N.Y., OFFICE OF THE EXECUTIVE, Mineola, N.Y., March 22, 1963. Hon. JACOB K. JAVITS, DEAR SENATOR JAVITS: At approximately 4:40 this afternoon, Friday, March 22, 1963, I received a call from one of your staff members, Mr. Aurelio, informing me that there would be a hearing on next Monday by the Government Operations Committee of the Senate on the Mitchel Field acquisition. I am very sorry that such short notice was given of this hearing. It is impossible for me to attend on Monday, because I am required to preside over the weekly meeting of the board of supervisors. From the excerpts from a previous press release issued by you, I gather that you have announced that the Nassau County Board of Supervisors opposed the proposed purchase. This is not the fact. Enclosed is a resolution unanimously adopted by the Nassau County Board of Supervisors on February 4, 1963, authorizing the county executive to execute the agreement with the General Services Administration. I would appreciate it if you would arrange to have a copy of this resolution introduced into the record. The citizens of Nassau County regard the acquisition of Mitchel Field as important to the future of the county. I trust that you will do nothing which will have the effect of letting this important property fall into the hands of speculators and commercial interests. Very truly yours, EUGENE H. NICKERSON, RESOLUTION No. 60-B, 1963 A resolution authorizing the county executive to execute an offer with tender by the County of Nassau to the General Services Administration on behalf of the United States Government in connection with certain premises located in the area known as Mitchel Field, pursuant to the provisions of the county government law of Nassau County. (Passed by Board of Supervisors on Feb. 4, 1963. Votes for, 94; votes against, none. Became a resolution on Feb. 4, 1963, with the approval of the county executive.) Whereas the county executive and the Board of Supervisors desire that the county acquire the entire 435.076 acres of surplus property remaining at Mitchel Air Force Base and declared available for sale to the county by the Federal Government, and Whereas the Federal Government has granted two extensions until February 8, 1963, for the county to act in connection therewith, and Whereas this board by resolution No. 44 D-1963 has made an offer with tender to the General Services Administration on behalf of the United States Government in the sum of Twelve Million Dollars, and Whereas the aforesaid offer and tender were duly presented by the county attorney to the General Services Administration which acts on behalf of the United States Government on Thursday, January 31, 1963, and Whereas the aforesaid offer was rejected by the General Services Administration on behalf of the United States Government, and Whereas the General Services Administration on behalf of the United States Government has advised the county attorney it will accept no offer less than $13,628,800 which it considers to be the fair market value of the subject property: Now, therefore, be it Resolved, That the county executive be and he hereby is authorized and empowered to execute for and on behalf of the County of Nassau an offer of $13,628,800 substantially in accordance with offer of purchase dated February 4, 1963, and filed in the office of the clerk of the Board of Supervisors, to purchase from the General Services Administration on behalf of the United States Gov435.076 acres plus or minus of surplus property remaining at Mitchel Field, to make any modifications to such offer (except as to purchase price and acreage being purchased) as he in his discretion deems desirable or necessary upon 96544-63- -3 negotiation with the United States Government, and to execute any and all other instruments he deems desirable or necessary to carry out or implement the terms of said agreement, and it is further Resolved, That the county comptroller is hereby authorized to issue the requisite warrant and the county treasurer be and he hereby is authorized and directed to pay to the United States Government from the account known as the Land Acquisition Fund the sum of $681,440, said check to be delivered to the Regional Administrator of the General Services Administration upon the county executive's execution of the aforesaid offer to purchase, as a tender thereupon. Senator MUSKIE. We will then proceed to Mr. Ralph Caso, supervisor for the town of Hempstead, vice chairman of the Nassau County Board of Supervisors. We appreciate your attendance here this morning, Mr. Caso. You may present your statement or your testimony in any way that you see fit. Do you have a prepared statement? Mr. CASO. I have a prepared statement, Mr. Chairman, but I do not have it typewritten for distribution. Senator MUSKIE. That will force the committee to listen more closely than it might otherwise. STATEMENT OF RALPH CASO, SUPERVISOR FOR THE TOWN OF HEMPSTEAD, N.Y., AND VICE CHAIRMAN, NASSAU COUNTY BOARD OF SUPERVISORS, REPRESENTING THE MAJORITY OF THE BOARD Mr. CASO. Mr. Chairman and distinguished members of the committee; I am Ralph G. Caso. As supervisor of the town of Hempstead, in which geographical subdivision Mitchel Field is located, and as a member of the Nassau County Board of Supervisors, for which governmental body I am here today as spokesman, may I commend you, Mr. Chairman and Senator Javits and the other members of this committee, for your avowed interest and your sincere offer of assistance in this most important matter. This public hearing which you have called is, as I understand it, for the purpose of trying to get to the very heart of this most vital issue, which is of serious concern to the residents of Nassau County. At stake here is several millions of dollars of Nassau County's taxpayers' money, and, while Nassau County has agreed to pay $13,628,800 for this land rather than risk the loss of it to other interests, it has done so under protest, firm in its belief that it is entitled to price exemptions and special discounts as a municipality seeking to acquire this Federal property for health, recreation, and educational uses. However, GSA does not agree and has steadfastly refused to honor these requests. Instead, GSA, in insisting on the purchase price of $13,628,800, repeatedly stresses the fact that it has given to Nassau County approximately $9 million worth of land free. This, I respectfully submit, should not be charged in full as a bonanza received by Nassau County, inasmuch as the only property falling within this category is the 135 acres deeded to Nassau County for the Nassau Community College. Eighty-eight acres were given by GSA to Hofstra College, which is a private institution. Five acres |