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Under date of November 8, 1929, the State of North Carolina made application to this department for approval of plans for the construction of the bridge referred to in the above-mentioned bill, but in view of the fact that such work was not authorized by Congress as required by section 9 of the river and harbor act of March 3, 1899, the department was without authority to approve the plans thereof. However, the State of North Carolina was notified that no objection would be interposed by this department to the proposed construction in accordance with the plans submitted, but an act of Congress should be obtained to legalize the structure.

Accordingly, the bill has been amended to harmonize with the facts cited above, and as thus amended I know of no objection to its favorable consideration.

PATRICK J. HURLEY,

Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., February 6, 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. 9180) transmitted with your letter of January 28 with request for a report thereon and such views relative thereto as the department might desire to communicate.

This bill would authorize the North Carolina State Highway Commission to construct, maintain, and operate a free highway bridge across the Roanoke River, at or near Weldon, N. C. The location indicated for the proposed bridge is on the system of Federal-aid highways. Favorable action on the bill is recommended. Sincerely,

R. W. DUNLAP, Acting Secretary. O

BRIDGE ACROSS MISSOURI RIVER AT DECATUR, NEBR.

FEBRUARY 8, 1930.— Referred to the House Calendar and ordered to be printed

Mr. MILLIGAN, from the Committee on Interstate and Foreign

Commerce, submitted the following

REPORT

[To accompany H. R. 9299]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 9299) to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Decatur, Nebr., having considered the same, report thereon with a recommendation that it pass.

The Hon. Edgar Howard, who introduced this bill, has submitted the following information with respect thereto:

INTERSTATE BRIDGE Co.,

Lincoln, Nebr., February 5, 1930. Hon. EDGAR HOWARD,

House of Representatives, Washington, D. C. MY DEAR CONGRESSMAN: We all wish to thank you most sincerely for the prompt attention given the bill to extend time of our Decatur bridge franchise.

Regarding definite information as to progress made in carrying out authority granted by original franchise and extension, all surveys, soundings, etc., have been made at the site; preliminary plans have been drawn and negotiations entered into with the highway departments of the States of Iowa and Nebraska. Financing and actual construction can be put under way just as soon as the War Department engineer office at Kansas City decides upon the improvement program for this bend of the Missouri River. Surveys have been made by the War Department, several informal hearings have been held, and the district engineer has visited the location during the past year, but so far no decision has been reached as to location and character of the work to be installed by the department. We hope this decision and announcement will be made inside the next 12 months, thus allowing us to go ahead with our program for construction. Our company has spent about $10,000 in surveys, investigations, and preparation of preliminary plans.

Any further information desired by the Committee on Interstate and Foreign
Commerce will be gladly furnished.
Yours truly,

INTERSTATE BRIDGE Co.,
By MARSHAL HOWARD, General Manager.

The bill has the approval of the War Department, as will appear by the letter attached and which is made a part of this report.

WAR DEPARTMENT, February 7, 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 to the favorable consideration of the accompanying bill (H. R. 9299, 71st. Cong., 2d sess.) to extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Decatur, Nebr.

PATRICK J. HURLEY,

Secretary of War.

DEPARTMENT OF AGRICULTURE,

Washington, D. C., February 7, 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. 9299, transmitted with your letter of January 30 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 March 29, 1930, the times for commencing and completing the construction of the bridge across the Missouri River between Decatur, Nebr., and a point opposite in Monona County, Iowa, authorized to be built by the Interstate Bridge Co. by act of Congress approved March 29, 1928, and heretofore extended by act of Congress approved March 2, 1929. When the original bill to authorize the construction of this bridge by the Interstate Bridge Co. was pending before your committee, this department made an adverse report thereon. It still is the view of the department that a private toll bridge should not be authorized at this point. It, therefore, would recommend against extending the time as proposed in the bill now before the committee. Sincerely,

R. W. DUNLAP, Acting Secretary. The acts of Congress referred to in the bill are as follows:

(PUBLIC—No. 224-7011 CONGRESS]

(H. R. 10658) AN ACT Authorizing the Interstate Bridge Company, its successors and assigns, to construct, maintain,

and operate a bridge across the Missouri River at or near Decatur, Nebraska Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes, the Interstate Bridge Company, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River at a point suitable to the interests of navigation, at or near Decatur, in accordance with the provisions of the act entitled "An act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this act.

Sec. 2. There is hereby conferred upon the Interstate Bridge Company, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State.

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Sec. 3. The said Interstate Bridge Company, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the act of March 23, 1906.

Sec. 4. After the completion of such bridge, as determined by the Secretary of War, either the State of Nebraska, the State of Iowa, any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. If at any time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value; (2) the actual cost of acquiring such interests in real property; (3) actual financing and promotion costs, not to exceed 10 per cent of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property; and (4) actual expenditures for necessary improvements.

Sec. 5. If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this act, and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested.

Sec. 6. The Interstate Bridge Company, its successors and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War and with the highway departments of the States of Nebraska and Iowa, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge; for the purpose of such investigation the said Interstate Bridge Company, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this act, subject only to review in a court of equity for fraud or gross mistake.

Sec. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this act is hereby granted to the Interstate Bridge Company, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person.

Sec. 8. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 29, 1928.

(PUBLIC— No. 980—70TH CONGRESS)

(H. R. 16433)

AN ACT To extend the times for commencing and completing the construction of a bridge across the

Missouri River at or near Decatur, Nebraska

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the times for commencing and completing the construction of a bridge across the Missouri River at or near Decatur, Nebraska, authorized to be built by the Interstate Bridge Company, its successors and assigns, by act of Congress approved March 29, 1928, are hereby extended one and three years, respectively, from March 29, 1929.

Sec. 2. The right to alter, amend, or repeal this act is hereby expressly reserved. Approved, March 2, 1929.

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