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ADDITIONAL APPROPRIATIONS FOR THE NATIONAL

ARBORETUM

FEBRUARY 4, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. HAUGEN, from the Committee on Agriculture, submitted the following

REPORT

[To accompany S. 4586]

The Committee on Agriculture, to whom was referred the bill (S. 4586) to authorize additional appropriations for the national arboretum, having considered the same, report thereon with a recommendation that it do pass with the following amendment:

Line 8, after the word "Act" strike out the period, insert a colon, and add the following:

Provided, That in the payment of awards under condemnation proceedings for the acquisition of lands under the act of March 4, 1927, limitations as to price based on assessed value shall not apply.

The bill reported herewith reads as follows:

AN ACT To authorize additional appropriations for the national arboretum

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated, in addition to the sum authorized by section 2 of the act entitled "An act authorizing the Secretary of Agriculture to establish a national arboretum, and for other purposes," approved March 4, 1927, the sum of $200,000, for the purposes and subject to the conditions specified in such act: Provided, That in the payment of awards under condemnation proceedings for the acquisition of lands under the act of March 4, 1927, limitations as to price based on assessed value shall not apply.

A companion bill, H. R. 12717, introduced in the House by Representative Robert Luce, was referred to the Secretary of Agriculture and the following favorable report was received:

Hon. G. N. HAUGEN,

House of Representatives.

DEPARTMENT OF AGRICULTURE,
Washington, D. C., June 20, 1930.

DEAR MR. HAUGEN: Replying to your letter of June 12, requesting a report on H. R. 12717, a bill to authorize additional appropriations for the national arbo

retum, introduced by Mr. Luce, I recommend favorable action on the bill for the following reasons:

In 1926 when the national arboretum bills were under consideration by the Congress, it was estimated that the land to be purchased would cost $500,000, and that amount was named in the Pepper bill, S. 1640, Sixty-ninth Congress, as reported from the Senate Committee on Agriculture and Forestry. This was subsequently reduced to $300,000, the amount authorized and appropriated by the Congress, in order to conform to the financial program at that time.

When the arboretum purchase money became available in December, 1927, it was found by the Secretary of Agriculture that $300,000 was not sufficient to buy the whole of the area required. The beginning of purchases was delayed for several months while an attempt was made to obtain supplementary gifts of land sufficient to make up the necessary acreage, but the effort failed. Finally, after conference with President Coolidge, Secretary Jardine gave instructions to proceed with the purchase of such land as could be acquired with the $300,000 available and to leave to future authorization the purchase of the necessary remainder.

With the $300,000 already authorized and appropriated, 190 acres of land have been purchased for the arboretum, and 78 acres more are now in process of condemnation, a total of 268 acres.

The $200,000 authorized in the present bill, H. R. 12717, would make possible the purchase of the remaining parcels of privately owned land from M Street and Mount Olivet Road on the south to R Street on the north, and eastward to the Anacostia marshes, totaling 126 acres. The eastern border of the area would extend from M Street northward to the Pennsylvania Railroad. The land available for arboretum purposes would then lie in a fairly symmetrical compact body, much more useful and convenient and more economical of operation than the unconsolidated parcels thus far acquired. Because of the steady advance of land values in that section and the probability that such advance will continue as additional streets are opened, purchase of this land at an early date is important from the standpoint of economy as well as to make possible the orderly and effective development of the arboretum project.

Sincerely yours,

ARTHUR M. HYDE, Secretary.

A further letter was received from the Secretary of Agriculture under date of February 2, 1931, suggesting the amendment to the bill reported by the committee. The reason for the amendment is explained in the following letter:

Hon. G. B. HAUGEN,

DEPARTMENT OF AGRICULTURE,
Washington, D. C., February 2, 1931.

Chairman Committee on Agriculture,

House of Representatives.

DEAR MR. HAUGEN: In further reference to H. R. 12717, a bill to authorize additional appropriations for the national arboretum, a hearing on which was held by your committee on January 12, 1931, a situation has developed which renders advisable the inclusion in the bill of an amendment authorizing the payment of awards under condemnation proceedings for the acquisition of lands under the act of March 4, 1927, without limitation as to price based on assessed value of parcels of land acquired through condemnation.

As was stated at the hearing, all lands purchased for the arboretum by agreement have been secured within the limitation of 125 per cent of the assessed valuation set by the act. The awards recently made under condemnation proceedings against five parcels are in excess of the limitations as to value and will require removal of that limitation to effectuate. The total excess of the jury awards in these cases, as set out on page 11 of the published hearing, over the 125 per cent of the assessed valuation, is $73,945.91, and these lands, which are essential to the development of the arboretum, can not be acquired until authority to pay these awards exists.

I accordingly recommend that the bill be amended by adding the following proviso:

"Provided, That in the payment of awards under condemnation proceedings for the acquisition of lands under the act of March 4, 1927, limitations as to price based on assessed value shall not apply,”

This suggested abrogation of the price limitation would relate only to lands acquired through condemnation proceedings and is in line with the action of the House Appropriations Committee on the bill making appropriations for the government of the District of Columbia for the fiscal year 1932 (H. R. 16738), as reported to the House January 30, 1931, to meet a substantially identical situation existing with respect to the acquisition of sites for school buildings and playgrounds.

Very sincerely yours,

ARTHUR M. HYDE, Secretary.

This legislation also has the approval of the Bureau of the Budget. It was brought out in the hearing that an informal decision of the Comptroller General had been made in reference to all land purchased under the 125 per cent limitation act, and that additional legislation would be required before he would authorize payments.

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