Page images
PDF
EPUB
[blocks in formation]

Mr. NYE, from the Committee on Public Lands and Surveys, submitted the following

REPORT

[To accompany S. 1089]

The Committee on Public Lands and Surveys, to whom was referred the bill (S. 1089) to establish a minimum area for a Shenandoah National Park, for administration, protection, and general development by the National Park Service, and for other purposes, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

This bill has the recommendation of the Secretary of the Interior, as set forth in his letter of January 5, 1932, which also sets forth the facts concerning the proposed legislation, as follows:

Hon. GERALD P. NYE,

DEPARTMENT OF THE INTERIOR,
Washington, January 5, 1932.

Chairman Committee on Public Lands and Surveys,

United States Senate.

MY DEAR MR. CHAIRMAN: In response to your request of December 29, for a report on S. 1089, entitled "A bill to establish a minimum area for a Shenandoah National Park, for administration, protection, and general development by the National Park Service, and for other purposes," I transmit herewith a memorandum on the subject that has been submitted by the Director of the National Park Service and in which full details regarding the purpose of this legislation are given.

This legislation is considered urgently necessary and I am advised by the Director of the Bureau of the Budget that in so far as the financial program of the President is concerned, there is no objection to its enactment.

I heartily concur in the memorandum report of the Director of the National Park Service and urge that S. 1089 receive favorable consideration by Congress. Very truly yours,

RAY LYMAN WILBUR.

Memorandum for the Secretary.

DEPARTMENT OF THE INTERIOR,

NATIONAL PARK SERVICE,
Washington, January 5, 1932.

Reference is made to letter dated December 29, 1931, from the chairman, committee on Public Lands and Surveys of the Senate, inclosing copy of S. 1089, entitled "A bill to establish a minimum area for a Shenandoah National Park, for administration, protection, and general development by the National Park Service, and for other purposes," with request for report thereon.

This measure proposes legislation amendatory of an supplementary to existing legislation in effect in connection with the establishment of a number of proposed national parks in the East. Section 1 purposes to reduce the minimum area for administration, protection, and general development, and which is to be tendered the Secretary of the Interior by the State of Virginia for the proposed Shenandoah National Park, to not less than 160,000 acres. The basic act of May 22, 1926 (44 Stat. 616), in effect authorized the Secretary of the Interior to accept 386,500 acres for administration, protection, and development purposes; in other words, for a complete park. A careful survey on the ground by National Park Service experts later indicated that by the elimination of unnecessary and undesirable land no more than 327,000 acres should be required for that park, and Congress by act of February 16, 1928 (45 Stat. 109), accordingly reduced the minimum to 327,000 acres. As soon as this authorization was secured, the State of Virginia proceeded to appraise the land within the boundaries inclosing this 327,000 acres, and endeavored to gather funds to acquire this acreage in the same manner as Kentucky did in the case of the proposed Mammoth Cave National Park, and North Carolina and Tennessee in the case of the proposed Great Smoky Mountains National Park. Appraisals, which have been exceedingly difficult, will soon be completed, but it is already evident that the State will have sufficient pledged funds to acquire only about 160,000 acres. Further studies by the same national-park experts have indicated that a suitable national park can be secured with this 160,000 acres, or 250 square miles. It should be pointed out that such reduction will not prevent the State of Virginia if at any time in the future it can secure additional funds, from acquiring the remainder of the 327,000 acres, or any portion thereof.

Section 2 would authorize leases to former owners of land within the proposed Shenandoah, Great Smoky Mountains, Mammoth Cave, and Isle Royale National Parks during their lifetime. This authorization would be an extension of existing law as covered by the act approved February 16, 1928, supra, section 2 of which reads as follows:

"That the Secretary of the Interior is hereby authorized to lease lands within the Shenandoah National Park and Great Smoky Mountains National Park for periods not exceeding two years, upon such conditions as he may in his discretion deem proper, to persons and educational or religious institutions occupying the same or who had or claim to have had some interest in the title to the same prior to the establishment of the park."

The provision of this law reading "for periods not exceeding two years" has been construed by the solicitor of this department, as it was intended by Congress, to authorize leases for successive periods of two years at a time during the lifetime of worthy landowners where such leases would not be inconsistent with future national park development plans. In all these areas where the land has to be acquired by the several States and tendered without cost to the Government for our national parks, a number of owners of land have been encountered who, because of age or other infirmities or for other humane reasons, should be allowed to remain on the land during their lifetime. Of course, such occupancy to be under such regulations as the Secretary of the Interior may prescribe and during their good behavior, and as long as the particular holding is not primarily needed for national-park development. In a few instances also large bearing orchards have had to be acquired by the States, especially in Tennessee, for which a large sum would have to be laid out to secure the fee simple title and remove the owners from the land, but which can be secured at greatly reduced prices if former owners are allowed to remain on their land and harvest the crop during the lifetime of the orchards, which is figured at from 10 to 15 years more. In a number of other instances lands acquired or to be acquired by the States can be secured by donation or at a very nominal sum if the owners are permitted to utilize them for the remainder of their days. Again, several minor outdoor clubs within the Great Smoky Mountains area have been acquired at nominal prices upon an understanding that the club owners of record at the time of the transfer

of the deed to the State might have the use of such property during their lifetime. While under existing law leases may be granted for a period of two years and then renewed for 2-year periods thereafter, many of the old-timers to whom such leases have been granted with a promise of life tenure under such leasing arrangements by the States making these acquisitions, or those whose land still has to be acquired and who have little contact with the outside world, have misgivings that such arrangements may not be carried out.

Such legislation as is proposed under section 2 would reassure these people and enable the State authorities to save considerable money in the acquisition of such parcels and thereby expedite completion of the individual park projects. Experience in the past few years has shown that there are comparatively few instances, when taken in comparison with the extensive land acquisition program for each project, where such exceptions would have to be made. Wherever made they would be made in close cooperation between the several State commissions having the acquisition program in their hands and the Secretary of the Interior through the National Park Service. In connection with appropriations made for the acquisition of privately owned lands within existing national parks in the West, Congress has heretofore recognized the wisdom of permitting the acquisition of these holdings subject to lifetime leases and by the act of March 4, 1929 (45 Stat., pt. 1, 1600), and subsequent appropriation acts, has authorized the granting to former owners lifetime leases as part consideration for the purchase of land.

I heartily recommend favorable consideration of this bill by the department and Congress. HORACE M. ALBRIGHT, Director.

O

72D CONGRESS 1st Session

}

SENATE

{

REPORT No. 105

INVESTIGATION OF LEASE OF POST-OFFICE GARAGE IN BOSTON

JANUARY 15, 1932.-Ordered to be printed

Mr. Moses, from the Committee on Post Offices and Post Roads, submitted the following

REPORT

[To accompany S. 88]

The Senate Committee on Post Offices and Post Roads, having had under consideration S. 88, authorizing the Postmaster General to investigate the conditions of the lease of the post-office garage in Boston, Mass., and to readjust the terms thereof, reports the bill with a recommendation that it do pass.

The Postal Service garage in Boston was constructed by the Rawson Realty & Construction Co., of Boston, upon plans and specifications submitted by the Post Office Department, to be leased to the United States for 10 years, with an option of renewal by the Government for an additional 10 years and an option of purchase by the Government during the term of the lease or renewal thereof.

After work was started on the building, excavation for the foundation disclosed subsoil conditions which made future settlement of the building during the Government occupancy probable if piles were driven for the foundation, and the contractor, although not required to do so by the terms of his contract or by the building laws of the city of Boston, made excavation to bedrock for a part of the foundation to assure a permanent building, instead of using pile construction. The extraordinary conditions which made pile construction inadvisable could not have been foreseen at the time the specifications were drawn and the bids submitted.

Because of the wet subsoil and to provide better accommodations for the offices and service rooms of the building, the contractor, at increased expense, also offered, in lieu of certain rooms to be provided in the basement under the plans and specifications, to build an additional story for part of the building, to furnish rooms with the same floor space as were to have been constructed in the basement but with

« PreviousContinue »