75TH CONGRESS 3d Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 2131

AUTHORIZING SALE OF CERTAIN SURPLUS WAR DEPARTMENT REAL PROPERTY

APRIL 12, 1938.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. MAY, from the Committee on Military Affairs, submitted the

following

REPORT

[To accompany S. 1279]

The Committee on Military Affairs, to whom was referred the bill (S. 1279) to authorize the sale, under the provisions of the act of March 12, 1926 (44 Stat. 203) of surplus War Department real property, having considered the same, report favorably thereon with a recommendation that it do pass.

This bill is recommended by the War Department, and it has the approval of the Budget Bureau. The real property proposed to be disposed of under this legislation and under the provisions of the act of March 12, 1926 (44 Stat. 203) is surplus to military needs. The property involved is located in Massachusetts, Washington, Florida, and Kentucky. The amount of property in each State to be disposed of, and the name of the reservation of which it is a part in each instance are as follows: Calf Island, including Little Calf Island, Mass., 1800 acres; Great Brewster Island, Mass., 210 acres; Fort Ward, Wash., 32000 acres: Boca Grande (Cayo Costa) Military Reservation, Fla., 37 acres (portion excepted and reserved by act of March 12, 1926); and the remaining portion of Camp Taylor, Ky., approximately 30 acres, which was not sold under the act of February 20, 1931 (46 Stat. 1191), together with any other portion of Camp Taylor which was sold prior to the passage of the act of February 20, 1931, and title to which may revert to the United States because of default.

S. 1279 provides that the net proceeds from any sale made under its provisions shall be deposited in the Treasury to the credit of "Miscellaneous receipts." If enacted into law, it will give other departments of the Government, and also the State, county, and municipality in which the properties are located, the opportunity to acquire said properties prior to any public sale.

H. Repts., 75-3, vol. 2- -24

This measure came up for consideration on February 9, 1937, and the Senate Military Affairs Committee ordered a copy of S. 1279 and a copy of the War Department's letter referred to the Senators representing the States in which the property concerned is located. No objections were submitted to the committee relative to the proposed authority to sell the property located in Massachusetts, Florida, and Kentucky. In reference to Fort Ward, Wash., it was suggested that the authority to sell this property be stricken from the provisions of S. 1279 in order that Fort Ward might be acquired by the Navy Department.

The Senate Military Affairs Committee then wrote the Secretary of the Navy, making inquiry as to whether the Navy Department wishes to acquire Fort Ward, and, if so, whether the Department is willing at this time to take the necessary steps to acquire the property. The Secretary of the Navy replied that the Department desires to acquire Fort Ward, Wash., stating in part as follows: "It is contemplated using this reservation, if acquired, for recreational purposes. It would also be considered available for training personnel in an emergency.'

The Department recommended that S. 1279 be amended by deleting the following from lines 7 and 8 of page 2: "Fort Ward, Washington, three hundred and twenty and thirty-three one-hundredths acres;". The Navy Department stated also that no further legislative authority is needed for the Secretary of War to transfer this reservation to the control and jurisdiction of the Secretary of the Navy, and that the Secretary of War was given authority to make such transfer of real estate under the act of July 11, 1919 (41 Stat. 132; 10 U. S. C., sec. 1274), which act is still in full force and effect. The Navy Department in its letter added that if the recommended change is effected in S. 1279, the Department will make application to the War Department for the transfer of the Fort Ward Reservation to the Navy Department, which transfer can be effected by letter of the Secretary of War or by Executive order.

In order that the committee might know the War Department's views toward the Navy Department's desire to acquire Fort Ward, the letter of May 6, 1937, from the Secretary of the Navy Department was referred to the War Department under date of March 15, 1937. The Secretary of War on May 17, 1937, advised that the Fort Ward Military Reservation is surplus to War Department needs, and that its transfer to the Navy Department, under authority contained in the act of July 11, 1919 (44 Stat. 132; 10 U. S. C., sec. 1274), will be effected upon receipt in the War Department of an application for the transfer of said reservation. The Secretary of War pointed out, however, that in view of the permissive language of S. 1279, the deletion of Fort Ward is not necessary in order to effect the transfer of this property to the Navy Department under existing law. "For this reason," states the Secretary of War, "and because of the fact that the War Department would be without legislative authority to dispose of Fort Ward by sale in the event transfer thereof be not requested by the Navy Department, it is desired that no action be taken to delete this property from the bill S. 1279."

In view of the fact that the language contained in S. 1279 is permissive, and inasmuch as the War Department is entirely agreeable to transferring the Fort Ward Military Reservation to the control and jurisdiction of the Navy Department under existing law upon applica

tion from the Navy Department, the Senate Military Affairs Committee in reporting this legislation favorably to the Senate with a recommendation that it do pass has not further recommended that Fort Ward be stricken from the bill.

Letter from the War Department under date of January 27, 1937, follows:

Hon. MORRIS SHEPPARD,

Chairman, Committee on Military Affairs,

United States Senate.

JANUARY 27, 1937.

DEAR SENATOR SHEPPARD: There is enclosed herewith a draft of a bill to authorize the sale, under provisions of the act of March 12, 1926 (44 Stat. 203), of surplus War Department real property which the War Department presents for the consideration of the Congress with a view to its enactment into law.

There is no existing law authorizing the sale of these reservations as proposed. Section 2 of the proposed bill will amend existing legislation and authorize the Secretary of War to dispose of the remaining portion of Camp Taylor, Ky. The entire reservation was sold under the act of February 28, 1920 (41 Stat. 453), but because certain parties failed to consummate their purchases at auction, the Government was left with scattered, small portions of the reservation on its hands. The act of February 20, 1931 (46 Stat. 1191), again authorized sale of the remaining tracts, but for cash only, which limitation resulted in a failure to receive any bid at an extensively advertised and well-attended auction sale held pursuant to said act. Authority to dispose of these segregated tracts on salable terms is therefore desired.

This bill, if enacted into law, will give other departments of the Government, and also the State, county, and municipality in which located, the opportunity to acquire said properties prior to any public sale. It is also provided that the net proceeds from any sale shall be deposited in the Treasury to the credit of "Miscellaneous receipts.'

All the reservations included in this bill are surplus to the military needs and, in keeping with the expressed wishes of the President, the War Department is anxious to dispose of these tracts by sale if their use is not desired by other Government agencies.

This proposed legislation was submitted to the Bureau of the Budget which reports that it is in accord with the financial program of the President.

Sincerely yours,

Letter of May 5, 1937, from the Navy Department follows:

The CHAIRMAN, Committee on Military AFFAIRS,

MAY 6, 1937.

United States Senate, Washington, D. C.

MY DEAR MR. CHAIRMAN: Further reference is made to your letter of March 15, 1937, and enclosure forwarded therewith, in which you refer to the bill S. 1279, to authorize the sale, under the provisions of the act of March 12, 1926 (44 Stat. 203), of surplus War Department real property, and request that the Senate Military Affairs Committee be informed whether the Navy Department desires to obtain Fort Ward, Wash.

The Navy Department desires to acquire Fort Ward, Wash.

It is contemplated using this reservation, if acquired, for recreational purposes. It would also be considered available for training personnel in an emergency. Maintenance and upkeep expenditures would not be great as it is contemplated that personnel from ships undergoing overhaul at the Puget Sound Navy Yard, Bremerton, Wash., using the reservation for recreational purposes, would assist in maintaining the area in good condition.

It is accordingly recommended that the bill S. 1279 be amended by deleting the following from lines 7 and 8 of page 2, "Fort Ward, Washington, three hundred and twenty and thirty-three one-hundredths acres;".

No further legislative authority is needed for the Secretary of War to transfer this reservation to the control and jurisdiction of the Secretary of the Navy. The Secretary of War was given authority to make such transfer of real estate under the act of July 11, 1919 (41 Stat. 132; 10 U. S. Code, sec. 1274). That act is still in full force and effect and the transfer may be made by letter of the

Secretary of War or by Executive order. This was specifically decided by the Attorney General in his opinions of September 26, 1935 (vol. 38, Op. No. 21) and October 19, 1935 (vol. 38, Op. No. 27).

If the recommended change is effected in the bill S. 1279, the Navy Department will make application to the War Department for the transfer of the Fort Ward Reservation to the Navy Department.

The enclosure to your letter of March 15, 1937, is returned herewith.

The bill S. 1279, amended as above recommended, is in accord with the program of the President.

Sincerely yours,

CLAUDE A. SWANSON.

Letter of May 17, 1937, from the War Department follows:

Hon. MORRIS SHEPPARD,

Chairman, Committee on Military Affairs,

United States Senate.

MAY 17, 1937.

DEAR SENATOR SHEPPARD: Reference is made to your letter of May 7, 1937, requesting comment and the views of the War Department as to deleting from the bill S. 1279 (75th Cong.) the Fort Ward Military Reservation, Wash., in order that said property may be transferred to the jurisdiction of the Navy Department under existing law.

You are informed that the Fort Ward Military Reservation is surplus to War Department needs and its transfer to the Navy Department, under authority contained in the act of July 11, 1919 (44 Stat. 132; U. S. C. 10: 1274), will be effected upon receipt in the War Department of an application for the transfer of said reservation.

You are further informed that in view of the permissive language of the bill, the deletion of Fort Ward is not deemed necessary in order to effect the transfer of the property to the Navy Department under existing law. For this reason, and because of the fact that the War Department would be without legislative authority to dispose of Fort Ward by sale in the event transfer thereof be not requested by the Navy Department, it is desired that no action be taken to delete this property from the bill S. 1279.

The enclosures with your letter are returned herewith as requested.

Sincerely yours,

HARRY H. WOODRING,

Secretary of War.

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75TH CONGRESS HOUSE OF REPRESENTATIVES ( 3d Session

REPORT No. 2132

AUTHORIZING TRANSFER OF CERTAIN MILITARY RESERVATIONS TO OTHER AGENCIES OF THE GOVERNMENT AND TO THE PEOPLE OF PUERTO RICO

APRIL 12, 1938.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. MAY, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 2531]

The Committee on Military Affairs, to whom was referred the bill (S. 2531) to authorize the transfer of certain military reservations to other agencies of the Government and to the people of Puerto Rico, and for other purposes, having considered the same, report favorably thereon with a recommendation that it do pass.

This bill is recommended by the War Department for enactment into law, and it has the approval of the Bureau of the Budget. It authorizes the Secretary of War to transfer to certain other agencies of the Government certain military reservations upon determination by him that said reservations are no longer needed for military purposes. The transfers of property proposed to be made under this legislation are as follows:

To the Department of Justice: Alcatraz Island, Calif., 12 acres, desired for prison purposes.

To the Department of Agriculture: Fort DeSoto, Fla., 449200 acres, and Fisherman's Island, Va., 225 acres, desired for game refuges.

To the Veterans' Administration: Fort Miley, Calif., 23 acres. This land is now occupied by the Veterans' Administration for hospital purposes, and the transfer of the hospital site to the jurisdiction of the Veterans' Administration is desired.

To the Department of Commerce: Fort Dade, Fla., 5% acres; Stewart Avenue Reservation, Atlanta, Ga., 1200 acres; Fort Livingston, La., 1261100 acres; Fort Gorges, Maine, 10 acres; Fort Scammel, Maine, a tract 20 feet square, with privilege to land anywhere at any time at the shore line of the 12-acre tract comprising Fort Scammel;