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Page 2, line 4, strike out the figure “2” and insert in lieu thereof the figure “3”.

The bill thus amended has the approval of the Department of War, as will appear by the annexed communication; the amendments referred to therein having been incorporated in the bill as reported.

WAR DEPARTMENT,

June 18, 1930. Respectfully returned to the chairman Committee on Commerce, United States Senate.

So far as the interests committed to this department are concerned, I know of no objection to the favorable consideration of the accompanying bill, S. 4663, Seventy-first Congress, second session, granting the consent of Congress for the construction of a dike or dam across the head of Camas Slough to Lady Island on the Columbia River in the State of Washington, if amended as indicated in red thereon.

F. H. PAYNE,

Acting Secretary of War. Q

CONVEYANCE TO UNIVERSITY OF OREGON LANDS FORMING

A PART OF COOS HEAD BAY MILITARY RESERVATION

JUNE 30, 1930.-Ordered to be printed

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

following

REPORT

[To accompany S. 3360]

The Committee on Military Affairs, to which was referred the bill (S. 3360) authorizing the Secretary of War to convey to the University of Oregon certain lands forming a part of the Coos Head Bay Military Reservation, having considered the same report favorably thereon with the recommendation that it do pass with the following amendments:

Page 1, line 6, strike out the word “Military” at the end of the line and insert in lieu thereof the words “River and Harbor".

Page 1, line 9, strike out the word "lots" and insert in lieu thereof the word "lot"; after the numeral “2strike out "and 3” and insert in lieu thereof a comma and the following: “the westerly 750 feet of lot 3,”.

Page 3, line 10, after the word "purposes" change the period to a comma and add "and subject at all times to the rights of the United States stated in section 4 hereof.".

Page 3, line 22, at the end of the line, change the period to a comma, and insert the following: now shall such act or permit apply to the unconveyed part of. lot 3 after the date of this act.

Sec. 4. The lands herein authorized to be conveyed to the University of Oregon shall at all times be subject to the right of the United States to occupy and use such parts thereof as are now or may hereafter be needed for jetty site or sites, for rights of way for tramways from the unconveyed part of lot 3 to such jetty site or sites, and for ingress and egress by persons engaged in river and harbor work; and the United States shall at all times have prior right to three-fourths of the natural flow of streams draining lots 2 and 3.

Change the title so as to read:

Authorizing the Secretary of War to convey to the University of Oregon certain lands forming a part of the Coos Head River and Harbor Reservation.

The purpose of this bill is to authorize the conveyance to the University of Oregon certain lands forming a part of the Coos Head Reseryation, Oreg., which are not required by the Government.

The amendments are proposed by the Secretary of War who interposes no objection to the conveyance. There is made a part of this report a letter from the Acting Secretary of War to the chairman of the Senate Committee on Military Affairs, which reads as follows:

WAR DEPARTMENT,

Washington, May 21, 1930. Hon. DAVID A. REED, Chairman Committee on Military Affairs,

United States Senate, Washington, D. C. DEAR SENATOR REED: Careful consideration has been given to the bill, S. 3360, Seventy-first Congress, second session, authorizing the Secretary of War to convey to the University of Oregon certain lands in the Government reservation at Coos Head, Oreg., which you transmitted to the War Department under date of May 19, 1930, with request for a report thereon.

The lands referred to in this bill are not in a military reservation, but are part of a tract of 179.53 acres on Coos Head, reserved by Executive order dated July 14, 1884, for use in connection with the improvement of Coos Bay and Harbor. There is a small tract containing 32.06 acres located on Coos Head, but not connected with the lands referred to in the bill, which was reserved for military purposes by Executive order dated August 6, 1915, and it is understood that all of the Government lands at Coos Head are locally referred to as military reservation.

The easterly 570 feet of lot 3, referred to in the bill, is needed indefinitely for river and harbor purposes. The remainder of the lands described in the bill is not needed except as a site for present or future jetties, right of way to such jetties, and as a source of water supply for river and harbor activities.

The copy of the bill herewith has been amended in red to reserve to the United States the land and rights of way indicated in the preceding paragraph, together with the prior right to three-fourths of the natural flow of streams draining lots 2 and 3. As thus amended the bill will provide for the present and reasonably prospective needs of this department, and will, it is understood, be satisfactory to the university authorities. So far as the interests committed to this department are concerned no objection is know to the favorable consideration of the bill as thus amended. Sincerely yours,

F. TRUBEE DAVISON,

Acting Secretary of War. O

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Mr. JOHNSON, from the Committee on Commerce, submitted the

following

REPORT

[To accompany H. J. Res. 372]

The Committee on Commerce, to whom was referred the resolution (H. J. Res. 372) authorizing the President of the United States to accept on behalf of the United States a conveyance of certain lands on Government Island from the city of Alameda, Calif., in consideration of the relinquishment by the United States of all its rights and interest under a lease of such island dated July 5, 1918, having considered the same, report favorably thereon, and recommend that the resolution do pass without amendment.

House Report No. 1963 is made a part of this report, and is as follows:

(House Report No. 1963, Seventy-first Congress, second session) The Committee on Public Buildings and Grounds, to which was referred the joint resolution (H. J. Res. 372) authorizing the President of the United States to accept on behalf of the United States a conveyance of certain lands on Government Island from the city of Alameda, Calif., in consideration of the relinquishment by the United States of all its rights and interest under a lease of such island dated July 5, 1918, having duly considered the same, reports back to the House with the recommendation that this joint resolution do pass with the following amendment, to wit:

On page 2, line 7, after the word “President," insert the following proviso:

Provided, That a setback line of 200 feet be observed along the southern water front, parallel with the channel to allow widening of the channel at this or some future time, by the Government or other parties, and that the Government have access and free use between that portion deeded and the deep water front: Provided further, That the establishment by legislation of this setback area is not intended to in anywise restrict the officers in control of navigation in the exercise of all discretion or other authority granted by Congress under the commerce clause of the Constitution that is deemed necessary to improve this harbor or the navigable capacity of the estuary.

On July 5, 1918, the city of Alameda, Calif., leased to the United States Shipping Board Emergency Fleet Corporation an island known as Government Island in the Brooklyn Basin of the San Antonio estuary between the cities of Alameda and Oakland, Calif. This lease was for a period of 25 years at a nominal rental of $10 a year. The lease provided that the property was to be used for the purpose of conducting thereon a shipyard and shipbuilding plant or any activity whatever consonant with or in furtherance of any public purpose of the United States of America, and further provided that the lease may be at any time assigned to the United States of America.

The island contains approximately 110 acres at low tide and is now connected to the mainland on the Oakland side by a trestle bridge for both railroad and vehicles, the railroad connection being with the Southern Pacific Railroad.

Immediately after obtaining this lease of the island, the Emergency Fleet Corporation built a shipyard with all necessary improvements such as ways, piers, buildings, railroad track, etc., which shipyard was operated by the San Francisco Shipbuilding Co., for the building of concrete ships. Soon after the armistice was signed, ship construction ceased and for sometime the Fleet Corporation had been disposing of the personal property owned by it, including some of the plant improvements such as shipways, employment office, locker building, barracks, hospital, etc.

On June 21, 1922, the vice president of the Emergency Fleet Corporation advised the Federal Real Estate Board that it had no further use for the land under lease, and requested that a search be made by that board to ascertain if any other department of the Government desired to take over the lease. On August 4, 1922, formal application was made by the Department of Agriculture for the assignment of the lease to it for use of the Bureau of Public Roads, with the understanding that the improvements then existing on the island such as piers, buildings, railroad tracks, etc., including the trestle to the mainland, would be left intact for use by the Bureau of Public Roads in handling the war equipment, supplies, and materials authorized by law to be turned over to the Secretary of Agriculture for distribution among the various States for the construction of highways, and the further understanding that the department would assume the payment of $10 per annum, noted as the annual rental consideration in the lease.

By provisions of Executive Order No. 4703 of August 10, 1927, the custody of the island was transferred on November 1, 1922, to the Department of Agriculture for use of the Bureau of Public Roads.

On January 26, 1924, the Chief of the Air Service of the War Department requested the assignment of a portion of the island for use as an airplane field. The result was an agreement between the Department of Agriculture and the War Department for the occupancy by the Air Service of the latter for airplane purposes of all except approximately 10 acres of land. Copy of this agreement is inclosed.

The 10 acres of land referred to in this agreement were at that date used by the Bureau of Public Roads, the Coast Guard, and a small unit of the Prohibition Service.

The cities of Oakland and Alameda were, at the date of the lease, in litigation in California courts over the title to the land. At various times after the armistice the city of Alameda had requested the cancellation of the lease on the ground that the constitution and laws of California did not warrant the city to enter into such a lease and that, assuming the lease to be valid, the Shipping Board could not transfer its rights to any other department of the Governinent. As a result of a conference the office of the Chief Coordinator on April 30, 1926, at which were represented all the activities of the Federal Government having an interest in Government Island, and during which were considered the opinions by the legal department of those activities, it was decided that the lease to the island held by the United States was valid.

The suit in the California court was decided in favor of the city of Alameda on April 29, 1926. Shortly thereafter, through its Representative in Congress, the city asked for the cancellation of the lea and the restoration of the property to the city of Alameda.

On August 24, 1926, the Shipping Board waived all its rights and privileges under the lease regarding the property known as Government Island and it was by Executive order transferred to the custody of the War Department for use of the Air Corps Service, excepting therefrom such of the land as would be needed for other activities of the Federal Government. Up to this time the Shipping Board had expended approximately $325,000 in establishing facilities on the island, and the Department of Agriculture spent approximately $5,000, and the Coast Guard and Treasury Department $3,000. On March 1, as a result of the

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