DISPOSITION, CONTROL, AND USE OF SURPLUS REAL PROPERTY 3

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows (existing law proposed to be omitted is enclosed in black brackets; new matter is printed in italics; existing law in which no change is proposed is shown in roman):

THE EXISTING LAW

Chapter 744 (49 Stat. pt. 1, p. 885):

AN ACT To provide for the disposition, control, and use of surplus real property acquired by Federal agencies, and for other purposes.

Be it enacted * That notwithstanding any other provisions of law, whenever any real property located outside of the District of Columbia, exclusive of military or naval reservations, heretofore or hereafter acquired by any Federal agency, by judicial process or otherwise in the collection of debts, purchase, donation, condemnation, devise, forfeiture, lease, or in any other manner, is, in whole or in part, declared to be in excess of its needs by the Federal agency having control thereof, or by the President on recommendation of the Secretary of the Treasury, the Director of Procurement, with the approval of the Secretary of the Treasury, is authorized (a) to assign or reassign to any Federal agency or agencies space therein: Provided, That if the Federal agency to which space is assigned does not desire to occupy the space so assigned to it, the decision of the Director of Procurement shall be subject to review by the President; or (b) pending a sale, to lease such real property on such terms and for such period not in excess of five years as he may deem in the public interest; or (c) to sell the same at public sale to the highest responsible bidder upon such terms and after such public advertisement as he may deem in the public interest: Provided, That if no bids, or if bids which are not satisfactory as to price or responsibility of bidder, are received as a result of such public advertisement, the Director of Procurement, with the approval of the Secretary of the Treasury, is authorized to sell such property by negotiation, upon such terms as may be deemed to be to the best interest of the Government, but at a price not less than that bid by the highest responsible bidder.

Chapter 744 (49 Stat., pt. 1, p. 886):

SEC. 5. The term "Federal agency," as used in this Act, means any executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the United States, including corporations wholly owned by the United States.

Approved, August 27, 1935.

SEC. 6. There is hereby authorized to be appropriated such amount as may be necessary to cover the costs incident to the sale, lease, or demolition as hereinafter authorized, of buildings which have been, or may hereafter be, declared surplus to the needs of the Government in accordance with the provisions of this Act, and the care, maintenance, and protection thereof, including, but not limited to pay of employees, travel of Government employees, auctioneers, and brokers' fees, appraisals, photographs, surveys, evidence of title and perfecting of defective titles, advertising, and telephone and telegraph charges: Provided, however, That a Federal agency shall remain responsible for the proper care, maintenance, and protection of the aforesaid property, notwithstanding any declaration that the same is in excess of its needs until such time as custody is assumed by the Treasury Department or other disposition is made thereof. SEC. 7. The Director of Procurement, with the approval of the Secretary of the Treasury, is authorized, upon their determination that such action will be to the best interest of the Government, to demolish any building declared surplus to the needs of the Government in accordance with the provisions of this Act.

75TH CONGRESS 3d Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 2070

TO PROMOTE AIR COMMERCE BY PROVIDING FOR THE CLOSING OF MILITARY ROAD

MARCH 31, 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. 3304]

The Committee on Military Affairs, to whom was referred S. 3304, to promote air commerce by providing for the closing of Military Road, having considered the same, submit the following report thereon with the recommendation that it do pass:

The object of this legislation is to make available to the corporation now owning and operating the Washington Airport that part of Military Road which traverses the present airport, and in exchange for the use of the said tract of land to require of the corporation payment of a sum of money which it is estimated would construct a substitute road for the use of the public.

The people of Arlington County, Va., have insisted that since Military Road has been open and used by the public for many years, it should not be closed unless and until some provision is made for a substitute road. The Committee on Military Affairs believes that there is considerable merit in this contention and have, therefore, provided in the bill that the Secretary of War shall execute such quitclaim deed and lease for Military Road to the airport corporation for a sum of money which will be adequate to install and construct a necessary substitute public road. The bill, therefore, provides for the payment of a lump sum of $25,000 in advance to the board of commissioners of Arlington County for the construction of the substitute road.

The committee realize also that there are other hazards connected with the Washington Airport which will not be solved by the present bill. Among these is the existence of the radio towers to the west of the present field. These hazards will continue to exist even after Military Road has been closed.

H. Repts., 75-3, vol. 2—18

The committee, however, has undertaken to remove what it regards as the principal hazard at the airport and has provided what it believes is a fair and reasonable solution of the problem incident thereto.

The immediate enactment of this bill would authorize the sale and leasing of that artery of traffic and would thereby remove probably the most dangerous feature connected with the present airport.

Attached hereto and made a part of this report is the report of the Senate Committee on Commerce.

[S. Rept. No. 1482, 75th Cong., 3d sess.]

The Committee on Commerce, to whom was referred the bill (S. 3304) to promote air commerce by providing for the closing of Military Road, having considered the same, report favorably thereon with an amendment and, as so amended, recommend that the bill do pass.

The amendment, which is to meet the objection of the War Department, is to add a new section after section 2, authorizing the Secretary of War to close that portion of Military Road, as described in sections 1 and 2, upon execution of quitclaim deed and lease.

The amendment is incorporated in the bill as reported.
A letter from the Secretary of War follows:

Hon. ROYAL S. COPELAND,

Chairman, Committee on Commerce,

WAR DEPARTMENT, Washington, D. C., March 4, 1938.

United States Senate.

DEAR SENATOR COPELAND: Careful consideration has been given to S. 3304, a bill to promote air commerce by providing for the closing of Military Road, which was transmitted to the War Department under date of January 25, 1938, with a request for a report thereon.

There is no existing law which authorizes the Secretary of War to dispose of Military Road, or any portion thereof, as proposed.

The legal affect of the measure would be as follows: Section 1 would authorize the Secretary of War to convey to the National Airport Corporation, by quitclaim deed, that portion of Military Road which actually divides the Washington Airport.

Section 2 would authorize the Secretary of War to lease to the corporation for a period not to exceed 50 years, at $1 per annum, that section of Military Road lying east of the Washington and southern freight branch of the Pennsylvania Railroad, which is not included for conveyance by deed in section 1 of the act. Section 3 makes the granting of the above-mentioned deed and lease subject to the payment of $25,000 by the corporation to Arlington County, Va., for the construction of a substitute road.

The War Department is of the opinion that S. 3304 will not effect the closing of Military Road as indicated by its title. It is believed that while the title of the United States to a portion of Military Road would be conveyed to the Airport Corporation by the deed proposed in section 1 of the bill, such title would be subject to the right of the public to use the road, and that the lease authorized in section 2 likewise will not affect the right of the public to use the section of the road to be leased. The closing of the road would probably have to be accomplished by legal proceedings of the State or county after title is conveyed to the corporation by the United States, as the corporation cannot be invested with power by the United States to extinguish the existing servitude in favor of the public to use this road for highway purposes.

Military Road, extending from the southern end of the Highway Bridge to the southeast corner of Arlington National Cemetery, is no longer necessary for military purposes.

This proposed legislation was submitted to the Bureau of the Budget which reports that it is not in accord with the program of the President.

Sincerely yours,

HARRY H. WOODRING,
Secretary of War.

Mr. JONES, from the committee of conference, submitted the following

CONFERENCE REPORT

[To accompany H. R. 9915]

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 9915) to amend the Agricultural Adjustment Act of 1938, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows:

In lieu of the matter proposed to be inserted by the Senate amendment insert the following:

That section 105 of the Agricultural Adjustment Act of 1938 is amended by inserting after the first sentence the following: "Notwithstanding such amendments, payments with respect to farming operations carried out in the calendar year 1938 and based upon any soil-depleting crop for which special acreage allotments are established shall be made at not less than 90 per centum of the rates announced by the Secretary prior to the enactment of this Act.".

SEC. 2. Section 301 (b) (13) (A) of the Agricultural Adjustment Act of 1938 is hereby amended by striking out the word "farm" in the expressions "for any farm" and "for the farm", respectively, and inserting in lieu thereof "county".

SEC. 3. Section 301 (b) (13) (B) of the Agricultural Adjustment Act of 1938 is hereby amended by striking out the word "farm" in the expressions "for any farm" and "for the farm", respectively, and inserting in lieu thereof "county".

SEC. 4. Section 301 (b) (13) of the Agricultural Adjustment Act of 1938 is hereby amended by adding the following new subparagraph:

"(E) Normal yield' for any farm, in the case of corn, wheat, or cotton, shall be the average yield per acre of corn, wheat, or cotton, as the case