ary count, mid-February, every year, about 500 people taking part. These are Corps of Engineers with the lockmaster, fish and wildlife people, and bird watchers, and I would like to report at this time that this past winter, last month, there were 1,136 eagles counted and this is perhaps 25 to 30 percent of the United States and Canada's, with the exclusion of Alaska, eagles. They go through here and stay in the wintertime.

If this recreational land goes through, a lot of trees and valleys and cliffs where the eagles stay in the wintertime will be preserved and I think it is very important.

For some reason this past year, and this is my 13th year of this count, we had a 50-percent increase, so the eagles have perhaps come in from east and west, and this is being researched out. When the final figures are ready I will see that this committee has this because I think this is an important segment.

Now, my statement.

The Rock Island Forest Preserve Citizens Advisory Committee strongly support the Upper Mississippi River National Recreation Area. This is long overdue. However we would like for the Interior Department to have a larger role in the administration of this act.

Near Loud Thunder Forest Preserve in Rock Island County are fairly large tracts of good forest lands. The county hesitates to purchase some of this land. In fact it was voted not to buy some offered lands because of the fact that the Federal people would purchase when this bill becomes law. Our committee does not approve of this county action. We feel that the time for acquiring good recreational land is very short.

It is our hope that H.R. 10529 can rapidly become law. We will support it in any way that we can.

Mr. TAYLOR. Any questions?

Mr. KYL. If you will pardon a diversion, I would like to ask Mr. Fawks if he has discovered any way of telling from a casual observance, or distance, or with glasses, the difference between an immature bald eagle and a golden eagle except for the feathering on the shanks of the legs.

Mr. WEBSTER. This is very difficult. An immature golden eagle is very easy to tell. As they fly away from you they have a whitetail with a dark band. The bald eagle is harder to count. In this count of 1,163 eagles this year there were 10 identified as golden eagles.

Mr. KYL. These are the northern bald eagles you are talking about? Mr. FAWKS. Northern bald eagles.

Mr. KYL. I am much pleased with the interest that has been exhibited in this particular species.

Thank you very much for your testimony.

Mr. TAYLOR. Thank you.

(Additional information for the record from Mr. Fawks follows:)

Congressman ROY A. TAYLOR,
Capital Building, Washington, D.C.

BALD EAGLE RESEARCH, East Moline, Ill., April 2, 1972.

DEAR CONGRESSMAN: It was my pleasure to appear briefly at the Davenport Iowa hearing on H.R. 10529. The enclosed data showing how the Bald Eagle uses the Mississippi River in the winter. The eagle uses just the type of area that would be set aside under this bill. This February count contains about 30%

of all Bald Eagles that winter in the United States. It is hoped that H.R. 10529 will soon be enacted into law.

Sincerely yours,

IOWA BIRD LIFE-XLI, 1971

ELTON FAWKS.

One Day Eagle Count-February 20 or 21, 1971: Most of the Mississippi River from its source to below St. Louis, as well as most of the Illinois River, was covered. Kentucky again was covered by the Kentucky Ornithological Society. A few additional areas came in. St. Louis led again in the number of people taking part with about 200. A total slightly under 500 people were involved. The area from Lock & Dam 12 at Bellevue, Iowa, to Keokuk was covered by both plane and cars. A careful comparison was made. Dr. DeDecker flew the plane with Pete Petersen doing the counting. Dr. L. H. Princen handled the data for the Illinois River. Sergej Postupalsky covered part of the Wisconsin River, included with totals for the Mississippi. Many groups of people participated-Fish & Wildlife people, game management, lockmasters, and bird watchers all took part. Thanks to all of them!

This completes 12 years of study. The first two were somewhat limited in scope and did not cover as much of the southern section where more immatures are found. The percentage for those two years were adults 86 percent and immatures 14 percent. The average number of eagles seen was 286.

For the period 1962 thru 1966 an average of 601 eagles were found-percentage 80 percent adults and 20 percent immatures.

For the period 1967 thru 1971 an average of 745 eagles were found-percentage 72 percent adults and 28 percent immatures.

Golden Eagles as follows: 1 immature at Davenport, Iowa: one in Union County and one at St. Louis; 2 adults in Kentucky.-ELTON FAWKS, 510 Island Avenue, East Moline, Illinois

ONE-DAY EAGLE COUNT-FEBRUARY 19 OR 20, 1972

Most of the Mississippi River from its source to below St. Louis, as well as most of the Illinois River, was covered. Kentucky again was covered by the Kentucky Ornithological Society. A few additional areas came in. St. Louis led again in the number of people taking part with about 200. A total slightly under 500 people were involved. The area from Lock & Dam 12 at Bellevue, Iowa, to Warsaw was covered by both plane and cars. A careful comparison was made. Dr. De Decker flew the plane with Pete Petersen, Jr. doing the counting. Dr. L. H. Princen handled the data for the Illinois River. Many groups of people participated-Fish & Wildlife people, game management, lockmasters, and bird watchers all took part.

Comments: This 50% increase in total numbers must indicate that Bald Eagles coming to the rivers must be coming from other directions rather than from the north only. The Mississippi River south to at least Lock & Dam 20 had less open water than in the past twelve years counts. River was mostly open southward. The 12 Golden Eagles is more than we have ever found. Daily reports that are coming into me from the all winter study shows additional Golden Eagles. These must come from the west. The possibility that eagles come from Fish & Wildlife Refuges is great. This could also count for the increase in immatures as more immatures are normal in duck and geese refuges. Illinois River had more complete coverage this year. However most of the increase on the Illinois was from Grafton to Hardin. This area is close to the Mississippi. 99 immatures were found here. They were feeding on ducks and geese that were dead or dying from lead poisoning. The Squaw Creek Refuge had 98 adults and 110 immatures on Dec. 19 and were down to 21 of each age group by count dates. The Missouri River was covered by two planes. One flew from Kansas City down river to Lexington. The other flew from Kansas City to Laurence on the Kansas River and to St. Joseph on the Missouri. Only two Bald Eagles were found. (Richard G. Dawson) On the Missouri from Glasgow to Herman, Mo. a total of 4 eagles were found. (Jim Rathut) It seems reasonable to guess the Mississippi eagles came from these or other areas. It would be impossible for this kind of increase from population growth or from the close by regions of Canada. The closeness of the immature ratio in the different areas reported is of extreme interest. Nebraska had better coverage. The author saw an adult Bald Eagle with a dark brown or reddish marking on tail terminal. This was seen near Kearney, Neb., March 19. ELTON FAWKS.

EAST MOLINE, ILL.

Mr. TAYLOR. Mr. Hugh Conway, Harpers Ferry, Iowa.

STATEMENT OF HUGH CONWAY, HARPERS FERRY, IOWA

Mr. CONWAY. I represent an area that has currently been neglected. I own property in one of these areas just above Harpers Ferry and the way I discovered that it was to be in the recreational area, I went to La Crosse to attend a meeting that was advertised as about the Prairie du Chien Bridge and I discovered my land marked off in this particular area as subject for acquisition.

Now, this area has been reduced but my property is still in this area, and I would like to know when or how or what manner is used to purchase land or acquire the land from an acquisition point of view.

Is that a fair question?

Mr. KYL. Yes; I think it is a fair question.

Mr. TAYLOR. Í yield to the gentleman from Iowa because he is very familiar with the contents of his bill.

I can tell you what we ordinarily do in bills of this type.

Mr. KYL. Yes; and that is the response we have to give to Mr. Conway this morning, too.

The procedure which is followed in Federal acquisition of property, sir, is essentially this. There is an appraisal made of the property. An attempt is made to get more than one appraisal, usually, at this time. If the two appraisals are close together, they suffice. If they are far different, then you get a third appraisal on the property, so that we have a fair appraisal rather than what we in the country out here call a windshield-type appraisal.

Then there is a period of negotiation in which the Federal Government attempts to buy that property on a willing-buyer/willing-seller basis. Then if the amount of money is not satisfactory to the property owner, there is a well-established court procedure through which the individual may go, the decision then of the court being final after appeal.

The law understands that eminent domain has been changed considerably in recent years. It is a much more liberal law than it used to be so far as the pertinent factors are concerned. We still follow essentially the same procedure, but a more careful procedure in actually setting the value of property. But there are now greater allowances made in case a man must move. The allowances under law for his moving expenses, for location, and so on, as I say are much more liberal than they have been in the past.

The Congress has, in short, tried to develop the best possible procedures to insure that the individual whose land is being acquired for public purposes receives the fair value of his land, and insofar as we can, take care of the other expenses attendant thereto.

Now, you know as well as I do, sir, that whenever private property is taken, there may be an element of discomfort, of love for the area, something like that, for which no one could ever be compensated, and I know the members of this committee are especially concerned in this thing. The gentleman from North Carolina has had a great deal of his State utilized by the Federal Government in the Smoky Mountains National Park and Blue Ridge Parkway and other things, and he is familiar with this. The gentleman from Kansas certainly is familiar with the proposition. But we do much more today to try to find the equitable, the best possible solution than we ever have in the past.

Mr. TAYLOR. You might explain the provisions of the bill in regard to retaining privately owned property in the area.

Mr. KYL. The bill also provides this, sir, that if there is a residence, for instance, which the individual wishes to maintain or if an agricultural operation on a portion of the land would not detract from the area, unless it is absolutely essential, the individual can be given a life tenancy if he so desires.

Mr. CONWAY. This is a real prime area for recreation purposes. Mr. KYL. Do you now farm the land, sir?

Mr. CONWAY. Yes; I don't live on it, though.

Mr. KYL. You farm the land but you don't live on it?
Mr. CONWAY. I inherited it from my mother.

Mr. KYL. It should happen to me. [Laughter.]

Do you have further questions on that, sir?

Mr. CONWAY. When would this recreation thing take hold?

Mr. KYL. All right; the chairman has already indicated the fact of the matter. None of us here can determine an exact timetable on this. If we had our way, we would have an immediate acquisition as soon as the project is authorized. We frequently do not achieve that.

However, under the law, the property value is not diminished simply by the fact it is not originally immediately acquired. But none of us can tell you exactly when this would take place because following this particular hearing, there will at the very least, be an additional hearing in Washington. The subcommittee would consider the bill. The full committee of the House considers it. Then it goes to the Senate. The Senate might act first because the bill has also been introduced in that body. But it must go through the full legislative process. Mr. CONWAY. Thank you, sir.

Mr. TAYLOR. I might add that after the bill would pass the area would be authorized. Any acquisition would still be subject to annual appropriations made by Congress and appropriations are made for projects throughout the Nation. A limited amount would be appropriated for this project and the Department then would have some discretion as which properties would be purchased first.

There may be some public-use areas that would be needed immediately or that would be essential to the project. Usually they are programed first. Consideration is given to purchasing from willing sellers. If an opportunity is available to purchase this property at what the appraisal determines a fair value, they may purchase it. Where situations are more difficult an effort is made to reach a compromise, but acquisition would probably be delayed until later.

Mr. CONWAY. There would be no purchase before the bill is passed? Mr. KYL. Oh, no; under no circumstances.

Mr. TAYLOR. No; there is no authority to purchase before the bill is passed.

Mr. KYL. The only case in which there could be acquisition before the passage of this bill would be for extremely small parcels of land for which there are contingency funds available and in which there was a willing-buyer/willing-seller arrangement, and that is the only possible circumtances, and this would be extremely slight.

Mr. CONWAY. Thank you, sir.

Mr. TAYLOR. I appreciate your coming up because we wanted to hear from people who own property. They are the ones most closely affected. Mr. TAYLOR. Robert Kent, Bellevue, Iowa.

STATEMENT OF ROBERT KENT, BELLEVUE, IOWA

Mr. KENT. I didn't prepare a statement because every time I wrote to Mr. Kyl or anybody concerning this, he says I am misinformed. I don't know how the people here today got the information for this meeting. It took me about 2 days to find out where, when, how, or anything concerning it. I almost had to get a detective agency to get this information.