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 Government. As a result of a conference in 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 lease 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

above conference, the Chief Coordinator advised the Secretary of War that the Department of Agriculture desired to surrender the custody and recommended that it be taken over by the War Department for use of the Air Service.

By Executive Order No. 4198 of June 23, 1928, the custody of the island was transferred from the War Department to the Department of Agriculture, where control by it rests at present.

Upon the request of the city of Alameda, presented directly to this office and through its California representatives in Congress, a study of the situation was undertaken through the area coordinator at San Francisco. At the close of these conferences the city of Alameda Chamber of Commerce presented to the city council for adoption the following resolution:

"That 15 acres of land, to be described, on Government Island, be deeded to the United States of America, in consideration and subject to the conditions: "First. That the United States Government cancel now existing lease on Government Island.

"Second. That all buildings now used for Government purposes will be entirely removed from that portion of Government Island not deeded to the United States as soon after the cancellation of the lease as sufficient housing facilities are provided on the deeded portion and in any event will be removed within a period of 18 months after the cancellation of the lease.

"Third. 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, either by the Government or other parties, and that the Government have full access and free use of all land so situated between that portion deeded and the deep water frontage.'

The proposition of the city of Alameda, following the adoption of this resolution in attested form, is inclosed.

The offer is viewed with favor by the President acting through the Chief Coordinator and the Director of the Bureau of the Budget, and a tentative draft of legislation prepared in the office of the former, is designed to meet the desires of the city of Alameda and at the same time preserve the interests of the United States.

JUNE 30 (calendar day, JULY 1), 1930.—Ordered to be printed

Mr. McNARY, from the Committee on Agriculture and Forestry, submitted the following

REPORT

[To accompany H. R. 10782]

The Committee on Agriculture and Forestry, to whom was referred the bill (H. R. 10782) to facilitate and simplify the work of the Forest Service, having considered the same, report thereon with a recommendation that it do pass.

This bill has the approval of the Department of Agriculture, as indicated by the following letter:

Hon. GILBERT N. HAUGEN,

House of Representatives.

DEAR MR. HAUGEN: There is given below the text of a proposed bill designed to legalize the continuance of certain desirable administrative functions, which have been in effect in the Forest Service bureau of the department for years, but which under rulings of the Comptroller General are not deemed to be sufficiently authorized by existing law to warrant approval by him of certain classes of expenditure vouchers involving the activities in question.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act approved March 4, 1913, as provides: "That hereafter the Secretary of Agriculture is authorized to reimburse owners of horses, vehicles, and other equipment lost, damaged, or destroyed while being used for necessary fire fighting, trail, or official business, such reimbursement to be made from any available funds in the appropriation to which the hire of such equipment is properly chargeable" (sec. 502, title 16, U. S. C.), is hereby amended to read as follows:

"The Secretary of Agriculture is authorized, under such regulations as he may prescribe: (a) To hire or rent property from employees of the Forest Service for the use of officers of that service other than use by the employee from whom hired or rented, whenever the public interest will be promoted thereby.

"(b) To provide forage, care, and housing for animals and storage for vehicles and other equipment obtained by the Forest Service for the use of that service from employees.

"(c) To reimburse owners for loss, damage, or destruction of horses, vehicles, and other equipment obtained by the Forest Service for the use of that service

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