The foregoing amounts, until reimbursed to the United States, shall bear interest beginning July 1, 1968, with respect to sums transferred on or prior to that date, and over a period of thirty years from the date of each such transfer with respect to sums transferred after that date at a rate determined by the Secretary of the Treasury, which rate shall be determined by the Secretary of the Treasury, taking into consideration the average yield on outstanding marketable obligations of the United States of comparable maturities as of the last day of the month preceding the advance, adjusted to the nearest one-eighth of 1 per centum. All sums so withheld shall be deposited in the Treasury of the United States as miscellaneous receipts.

SEC. 4. The Government of Guam in carrying out the purpose of this Act may utilize, to the extent practicable, the available services and facilities of agencies and instrumentalities of the Federal Government upon a reimbursable basis. Reimbursements may be credited to the appropriation or fund which provided the services and facilities or the appropriation or fund currently available for providing such services or facilities. Agencies and instrumentalities of the Federal Government shall make available to the Government of Guam upon request of the Secretary of the Interior such services and facilities as they are equipped to render or furnish, and they may do so without reimbursement if otherwise authorized by law.

SEC. 5. No portion of the sums to be repaid by the Government of Guam to the Treasury, as provided for in section 3 hereof, shall be considered to be public indebtedness of Guam within the meaning of section 11 of the Organic Act of Guam (48 U.S.C. 1423a).

SEC. 6. The Secretary of the Interior and the Governor of Guam, with the assistance of such departments and agencies of the Federal Government and the Government of Guam as the President and the Governor, respectively, may designate, shall prepare a longrange economic development plan for Guam. Of the moneys authorized to be appropriated by section 2 of this Act, not more than $200,000 shall be available to agencies of the Department of the Interior to carry out the purposes of this section. Other Federal departments and agencies designated by the President to furnish such assistance may do so without reimbursement or transfer of funds. An interim report of the Secretary and the Governor on progress toward formulation of such plan shall be presented to the President and the Congress on or before September 1, 1964, or nine months from the date on which appropriations to carry out this Act first become available, whichever occurs later, and the final report on the plan shall be presented on or before July 1, 1965, or eighteen months from the date on which appropriations to carry out this Act first become available, whichever occurs later.

COMMITTEE RECOMMENDATION

The Committee on Interior and Insular Affairs recommends enactment of H.R. 16801, as amended.

90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

REPORT No. 1856

AUTHORIZING THE APPROPRIATION OF FUNDS FOR PADRE ISLAND NATIONAL SEASHORE, TEX.

SEPTEMBER 4, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. TAYLOR, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany H.R. 17787]

The Committee on Interior and Insular Affairs, to whom was referred the bill (H.R. 17787) to authorize the appropriation of funds for Padre Island National Seashore in the State of Texas, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows:

Page 1, lines 3-7, strike out the first sentence of the bill and insert in lieu thereof:

That, notwithstanding any other provision of law, there are hereby authorized to be appropriated such sums as may be necessary to satisfy the final judgment of $6,810,380 (that is, $9,212,730 minus $2,402,350 deposited in court; all figures exclusive of amounts for tract No. 7) rendered against the United States in civil action numbered 65-C-54 in the United States District Court for the Southern District of Texas, for the acquisition of land and interests in land for the Padre Island National Seashore.

Page 2, line 1, strike out "judgments," and insert “judgment,”

PURPOSE

The purpose of H.R. 17787, as amended, is to authorize the appropriation of funds sufficient to satisfy a judgment against the United States in a condemnation action (Civil No. 60-C-54) in the U.S. District Court for the Southern District of Texas. The action was instituted to acquire land needed for the Padre Island National Seashore.

H.R. 17787 was introduced by Congressman Young for himself and Congressman de la Garza.

NEED

Establishment of the Padre Island National Seashore was provided for in the act of September 28, 1962 (76 Stat. 650, 16 U.S.C. 459d et seq.), which authorized the Secretary of the Interior to acquire the lands within the boundaries described in the act. The estimated cost of acquiring these lands at that time was $5 million and authorized appropriations were limited to this amount.

Inability of many of the landowners and the National Park Service to agree on the value of the Padre Island lands led to the institution of two major condemnation proceedings, one of which is the subject of H.R. 17787. Involved in this proceeding were 11 tracts of land with acreages, deposits in court, values testified to by witnesses, and the award of the court as follows:

Since the amounts deposited in court in this action ($2,482,350) and in the other condemnation action ($1,602,921) plus other expenditures chargeable against the $5 million appropriation limitation have virtually exhausted this entire amount, enactment of H.R. 17787 is necessary to provide the basis for appropriations to satisfy the deficiency above indicated.

AMENDMENT

The committee recommends an amendment to H.R. 17787 which strikes out the reference to civil action No. 66-B-1, the other Padre Island condemnation action referred to above. It is the committee's view that, in view of the pendency of an appeal in this case, the time is not yet ripe for legislative action. The committee amendment also states the basic amount authorized to be appropriated.

COST

The basic amount that will need to be appropriated under H.R. 17787 is $6,810,380, this being the excess of the judgment amounts over the amounts deposited in court. In addition, there will have to be appropriated additional sums to pay accrued interest on this amount ($31,081 per month) and such costs as are taxable against the Gov

ernment.

DEPARTMENT RECOMMENDATION

The executive communication from the Department of the Interior recommends enactment of this legislation as set forth below: