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SENATE

71ST CONGRESS

2d Session

REPORT No. 1125

BRIDGE ACROSS THE TENNESSEE RIVER AT KNOXVILLE,

TENN.

JUNE 27, 1930.—Ordered to be printed

Mr. Dale, from the Committee on Commerce, submitted the following

REPORT

(To accompany H. R. 12554)

The Committee on Commerce, to whom was referred the bill (H. R. 12554) to extend the times for commencing and completing the construction of a bridge across the Tennessee River at or near Knoxville, Tenn., having considered the same, report favorably thereon and recommend that the bill do pass without amendment.

The bill has the approval of the Departments of War and Agriculture, as will appear by the annexed House Report No. 1763, which is made a part of this report.

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 12554) to extend the times for commencing and completing the construction of a bridge across the Tennessee River at or' near Knoxville, Tenn., having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached.

WAR DEPARTMENT,

May 29, 1930. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives.

So far as the interests committed to this department are concerned, I know of no objection the favorable consideration of the accompanying bill (H. R. 12554, 71st Cong., 2d sess.) to extend the times for commencing and completing the construction of a bridge across the Tennessee River at or near Knoxville, Tenn.

F. TRUBEE Davison,
Acting Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., May 28, 1930. Hon. JAMES S. PARKER, Chairman Committee on Interstate and Foreign Commerce,

House of Representatives. DEAR MR. PARKER: Careful consideration has been given to the bill (H. R. 12554) transmitted with your letter of May 23, 1930, with request for a report thereon and such views relative thereto as the department might desire to communicate.

This bill would extend for one and three years, respectively, from February 13, 1930, the times for commencing and completing the construction of the bridge across the Tennessee River at or near Henley Street in the city of Knoxville, Knox County, State of Tennessee, authorized by act of Congress approved February 13, 1929, to be built by said city of Knoxville. The bill authorizing the construction of this bridge provides that same shall be maintained and operated as a free highway bridge. Favorable action on the pending bill to extend the times for commencing and completing its construction is recommended. Sincerely,

R. W. DUNLAP, Acting Secretary. The act of Congress approved February 13, 1929, referred to in the bill is as follows:

(PUBLIC—No. 739—7014 CONGREB8)

(H. R. 14164) AN AOT Granting the consent of Congress to the city of Knoxville, Tennessee, to construct, maintain, and operate a free highway bridge across the Tennessee River at or near Henley Street in Knoxville, Knox County, Tennessee

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to the city of Knoxville, Tennessee, to construct, maintain, and operate a free highway bridge and approaches thereto across the Tennessee River at a point suitable to the interest of navigation, at or near Henley Street, in Knoxville, Knox County, Tennessee, in accordance with the provisions of the act entitled, “An act to regulate the construction of bridges over navigable waters," approved March 23, 1906.

Sec. 2. That the right to alter, amend, or repeal this act is hereby expressly reserved. Approved, February 13, 1929.

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SENATE

71st CONGRESS

ed Session

REPORT No. 1126

AUTHORIZING NAPA, CALIF., TO PURCHASE CERTAIN PUBLIC

LANDS FOR PROTECTION OF ITS WATER SUPPLY

JUNE 27, 1930.-Ordered to be printed

Mr. McNARY, from the Committee on Public Lands and Surveys,

submitted the following

REPORT

(To accompany H. R. 5292)

The Committee on Public Lands and Surveys, to whom was referred the bill (H. R. 5292) to authorize the city of Napa, Calif., to purchase certain public lands for the protection of its water supply, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

The facts are fully set forth in the report of the House Committee on the Public Lands (H. Rept. No. 1194, 71st Cong., 2d sess.), which is appended hereto and made a part of this report, as follows:

(House Report No. 1194, Seventy-first Congress, second session) The Committee on the Public Lands, to whom was referred a bill (H. R. 5292) to authorize the city of Napa, Calif., to purchase certain public lands for the protection of its water supply, having considered the same, reports it to the House with the recommendation that it do pass.

This is a bill to permit the city of Napa, Calif., to purchase, at a price of $1.25 per acre, approximately 320 acres of unoccupied public land, described in the bill, within the watershed of the Napa municipal water system. The land was withdrawn from entry by Executive Order No. 5222, November 12, 1929, and the Secretary of the Interior has stated that there is no objection to the enactment of this legislation.

The city of Napa is anxious to purchase this land from the Federal Government so that it may maintain it in its natural state and take proper steps to enforce sanitary regulations that will stop possible pollution of the city water supply. Until it acquires title to the land the city has no authority over it, though it is adjacent to the Milliken Dam and city reservoir formed by the dam.

The land to be purchased is rugged, rocky, and steep and covered with small brush and trees. It has no commercial value and, so far as known, contains no mineral deposits.

The bill reserves all the mineral rights in the land in the United States and also provides that in the event the city of Napa should not put it to the use for which it is granted, and abandons it for a period or more than one year, it may be forfeited back to the United States.

Following are the Executive order and report of the Secretary of the Interior referred to above:

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THE WHITE House,

November 12, 1929. Under authority of the act of Congress approved June 25, 1910 (36 Stat. 847), as amended by the act of August 24, 1912 (37 Stat. 497), it is hereby ordered that the public lands in the following described areas in the State of California be, and they are hereby, temporarily withdrawn from settlement, location, sale, or entry, subject to the conditions of said acts, and subject to valid existing rights, for classification and in aid of proposed legislation to authorize the city of Napa, Calif., to purchase said lands for the protection of the watershed of the municipal water system of said city: W. 12 SW. 44 sec. 5, SE. | SE. Y4 sec. 6, NE. YA NE. % sec. 7, 8. 42 NW.14, W. 12 NE. 14 sec. 8, T. 6 N., R. 3 W., Mount Diablo meridian, California.

This order shall continue in full force and effect unless and until revoked by the President or by act of Congress.

HERBERT HOOVER.

DEPARTMENT OF THE INTERIOR,

Washington, March 8, 1930.
Hon. Don B. COLTON,
Chairman Committee on the Public Lands,

House of Representatives.
MY DEAR MR. CHAIRMAN: With further reference to your request of February .
26 for a report on H. R. 5292, which would authorize the city of Napa, Calif., to
purchase certain public lands for the protection of its water supply, I transmit
herewith a memorandum from the Commissioner of the General Land Office.
After a review of the proposed measure, I agree with Commissioner Moore.
Very truly yours,

Ray LYMAN WILBUR, Secretary.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

Washington, March 5, 1930. Memorandum for the Secretary.

H. R. 5292 proposes to grant to the city of Napa, Calif., the W. SW. Yo sec. 5, SE. % SE. 14 sec. 6, NE. Y NE. % sec. 7, E. 'NW. %, W.X NE. % sec. 8, T. 6 N., R. 3 W., Mount Diablo meridian, California, upon payment of $1.25 per acre, for the protection of the water supply of said city.

The land was withdrawn on November 12, 1929, by Executive Order No. 5222, under the act of June 25, 1910 (36 Stat. 847), as amended by the act of August 24, 1912 (37 Stat. 497), in aid of legislation to authorize the city of Napa to purchase said land for the protection of the water system of said city.

The records of this office show the land to be vacant and unappropriated, and I see no objection to the enactment of the bill.

C. C. MOORE, Commissioner.

There has been filed with the committee a statement of Mayor Charles E. Trower, of the city of Napa, Calif., indicating the desire of the city to purchase this land. The statement is attached hereto and made a part of this report.

REASONS SUBMITTED TO CONGRESSIONAL COMMITTEE OF CONGRESS OF THE UNITED

STATES BY CITY OF NAPA IN SUPPORT OF ITS APPLICATION TO PURCHASE
CERTAIN PUBLIC LAND IN NAPA COUNTY, CALIF.

City of Napa, Calif., desires to purchase the following public land in Napa County, Calif., at the price of $1.25 per acre, to protect the water supply of said city: W. 12 SW. K of sec. 5, SE. % SE. \ of sec. 6, NE. % NE. % of sec. 7, E. 22 NW. % of sec. 8, W. 42 of NE. 44 of sec. 8, T. 6 N., R. 3 W., Mount Diablo meridian.

The following reasons are hereby respectfully submitted to the congressional committee of Congress of the United States by city of Napa, Calif., in support of said application to purchase said public land:

First. Said land is all, or nearly all, within the watershed of the municipal water system of city of Napa, and most or all of said land drains into the water supply of city of Napa. The land lies within a short distance, to wit, from a quarter to three-quarters of a mile, or thereabouts, from city of Napa reservoir. Accordingly, if cattle or other stock should be permitted to wander over the land, they would tend to pollute the water supply of the people of said city.

Second. The supplying of water to the inhabitants of a city is a public use, and therefore said land should not continue to be open to entry. If said land should be acquired by a settler under the homestead law, city of Napa might be obliged to pay a high purchase price, or might be obliged to condemn the land in order to acquire title to the same.

Third. Said land is not suitable for farming. As the land is rugged, rocky, and steep, it is not suitable for farming, and as there is very little soil on the land, it is not suitable for grazing. It is largely covered with small brush, and the trees are small and of little or no value.

Fourth. Said land contains no mineral deposits so far as known.
Respectfully submitted.

CITY OF NAPA,
By Chas E. TROWER,

Mayor of the City of Napa. NOVEMBER 18, 1929.

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SR-71-2-VOL 2-86

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