TO FACILITATE THE ADMINISTRATION OF THE NATIONAL PARKS MARCH 20, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. COLTON, from the Committee on the Public Lands, submitted the following REPORT [To accompany H. R. 8163] The Committee on the Public Lands, to whom was referred H. R. 8163, to facilitate the administration of the national parks by the United States Department of the Interior, and for other purposes, having considered the same, report it favorably to the House with the recommendation that it do pass with the following amendments: Page 2, line 11, strike out section 3. Page 3, line 1, strike out the words "plus 10 per centum" and insert in lieu thereof the words "including transportation and handling". Page 3, line 12, after the word "travelers," insert "exclusive of personal checks". Page 3, line 13, strike out the word "licensee" and in lieu thereof insert the word "license". Page 3, line 20, after the word "the", insert the word "temporary' and after the word "care" insert the words "and removal from park Page 3, line 23, after the word "Interior", insert "in his administration of the National Park Service". Page 4, line 8, strike out the words "Department of Interior" and insert in lieu thereof the words "National Park Service. Page 4, line 17, strike out the word "department", and insert the words "National Park Service". Page 5, line 1, strike out all of section 11. A letter and memorandum from the Secretary of the Interior are herein set out in full, which fully explain the purpose and reason for this legislation. This measure will give to the National Park Service the same privileges in carrying on its business that is now enjoyed by practically every bureau in the Government service and will legalize some things that had to be done heretofore which were absolutely necessary but which have not had direct authority of law. Hon. DoN B. COLTON, DEPARTMENT OF THE INTERIOR, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. CHAIRMAN: With further reference to your request of February 13, for a report on H. R. 8163, to facilitate the administration of the national parks by the Department of the Interior, I transmit herewith a memorandum from the Acting Director of the National Park Service. After a review of the proposed measure, I agree with the acting director. Very truly yours, RAY LYMAN WILBUR, Secretary. DEPARTMENT OF THE INTERIOR, Memorandum for the Secretary. Reference is made to letter dated January 13, from the chairman Committee on the Public Lands, House of Representatives, inclosing copy of H. R. 8163, entitled "A bill to facilitate the administration of the national parks by the United States Department of the Interior, and for other purposes," with request for report thereon. In the administration of the National Park Service difficulties have been encountered at different times due to lack of proper authority of law. The purpose of this bill is to grant authorizations the need for which is definitely felt in a proper administration of the national parks. It should be enacted into law. Section 1 would authorize the purchase of personal equipment and supplies for employees and the making of deductions therefor from their salaries. Authority for this purpose is now had by the Forest Service (act of March 3, 1925, 43 Stat. 1132), and it is believed that like authority for the National Park Service would lead to a more contented personnel, who in many instances are located in isolated places where supplies are not readily available. Section 2 would authorize the payment of mileage to employees for use of their personal automobiles on official business when expenses can be reduced thereby. It often becomes necessary for an employee to use his personal automobile on official business, but the Comptroller General holds, in the absence of authority in law for the payment of mileage, that he may only be reimbursed for gas and oil consumed. Other bureaus of the Government, namely, the General Land Office, Geological Survey, Reclamation Service, and the bureaus of the Department of Agriculture, have such authority. This authority would result in a saving and convenience to the Government, as commercial cars sometimes are not readily available and seldom can be rented at a rate of 7 cents per mile. In certain localities, however, an allowance of 7 cents per mile will not be sufficient to cover the actual operating cost of an automobile and it would, therefore, be desirable to have some authorization whereby the Secretary of the Interior could in such instances make an allowance of not to exceed 10 cents per mile where poor road conditions or high cost of motor supplies prevail. Section 3 would authorize the Secretary to contract with public operators in the parks for services or accommodations without soliciting competitive bids. Services furnished in the national parks under authorization of the Secretary of the Interior are limited to the particular operator, who is protected under contract so far as the furnishing of the particular service in the park is concerned. There fore, it would not only be impracticable for the Government when in need of such services to secure competitive bids but such procedure would also be inconsistent with the contract authorization. Rates at which such services are furnished in the national parks under concession or operating contracts are also approved by the Secretary of the Interior and in connection with the approval of such rates special rates for furnishing such services to the Government would be approved at that time and which would be the basis of all Government contracts for such services or accommodations. The authorization of this section, as well as that proposed by section 11 of this bill, can, however, be well taken care of by the insertion of language excepting such transactions from the appropriate provisions of the general contract law bill (H. R. 5568) now pending in Congress, and, therefore, if such language may be carried in that bill there would be no objection to the elimination of these two sections from the proposed legislation covered by H. R. 8163. This may be accomplished by amending H. R. 5568 as follows: On page 6, after line 7, insert new subparagraph, to read: "(m) For supplies, services, and other accommodations furnished by concessionaires in the national parks and national monuments, and for the hire, with or without personal services, of work animals and animal-drawn and motorpropelled vehicles and equipment for service in the national parks and national monuments." Section 4 provides authority for the sale of supplies, etc., to operators in the national parks and national monuments in emergencies, and when no other source is available, and that receipts therefrom shall be deposited as a credit to current park appropriations. The isolation of the parks and monuments from supplies requires the operators to anticipate their needs as far as possible in advance in order to render the service to the public contemplated by their contracts. They make conscientious efforts to this end, but there are emergencies which can not be anticipated and when commercial supplies are not available. In such emergencies and in order to insure continuous service to the public, the superintendent would like to sell to the operator any supplies, etc., as may be on hand which would be of assistance. Under existing law Government property may only be sold to the highest bidder after it has been declared surplus, and receipts therefrom are required to be covered into "Miscellaneous receipts" and can not be used to replace supplies, materials or services sold. The net result would be a curtailment of park operations to the extent of such emergency sales. It has been suggested informally by the Bureau of the Budget that the words "plus 10 per centum" appearing in this section on page 3, line 1, be eliminated and the words "including transportation and handling" be substituted therefor. There would be no objection to this change. Section 5 provides that section 3651 of the Revised Statutes shall not be construed to prevent the cashing of travelers' checks or other forms of money equivalent in payment of automobile entrance fees at the parks and other collections made at the national parks and national monuments. This section of the Revised Statutes provides that United States money shall not be given in exchange for other than gold, silver, United States notes or national bank notes. It frequently happens that a person will tender a traveler's check in payment for the automobile permit fee. If this check is not in the exact amount of the fee, the park employee is without authority to accept the same and give United States money in exchange. In connection with this section, however, some question has been raised as to whether the language of this section purports to authorize the cashing of personal checks. As this was not intended by the language proposed, there would be nc objection to an amendment of this section by inserting the words "exclusive of personal checks" after the word "travelers" on page 3, line 12. Section 6 provides that indigents in national parks where there is exclusive Federal jurisdiction may be cared for from park appropriations and that in case of their death expenses of burial may also be paid from such appropriations. Where there is exclusive Federal jurisdiction in a national park, the State and county being without jurisdiction and the Comptroller General having ruled that park appropriations are not available for such purposes, there is no legal way that the expenses of handling indigent cases or expenses in connection with the burial of paupers can legally be met. The language of this section, however, could be improved by inserting after the word "the" on page 3, line 20, the words "temporary" and after the word "care" the following: "and removal from the park.' Section 7 would authorize the reimbursement of park employees for the loss of their personal property while being used on official business under authorization, contract, or loan. Cases frequently arise where an employee's personal property is destroyed while he is using it on official business. The Comptroller General holding (6 C. D. 823) that the Government is not liable in such cases, there is no way in which reimbursement may be made for such loss. This section would give the necessary authority. The language of this section, however, should be limited to the administration of the National Park Service and, therefore, should be amended by inserting after the word "Interior" on page 3, line 23, the following: "in his administration of the National Park Service,' Section 8 provides that employees may be required to furnish transportation and equipment necessary for their work and that the United States may furnish forage, storage, etc. At times it is desirable in the administration of the national parks to employ men for certain work therein requiring horses, vehicles, and other equipment which are not available from Government stock or supply. This section would authorize the employment of persons having such equipment of their own and who are willing to use same in connection with their employment. At present there is no authority to provide shelter for horses and automobiles so used or to provide necessary forage, etc. The language of this section should also be limited to the administration of the National Park Service and, therefore, should be amended by substituting for the words "Department of the Interior" on page 4, line 8, the words "National Park Service." Section 9 would authorize the purchase, hire, or rent of property from employees when the public interests will be promoted thereby. It would be desirable, especially during the stress of forest fires, to have this authority under which all resources of the Government employees at the national parks could be employed in fighting forest fires and at the same time provide means for reimbursing them with reasonable compensation therefor. It is not the policy of the Government to accept the use of such equipment without providing compensation. The language of this section should also be limited to the administration of the National Park Service and therefore should be amended by substituting for the word "department" on page 4, line 17, the words "National Park Service." Section 10 provides that appropriations for the National Park Service which are available for general administration may be used for the payment of traveling expenses, including the packing, crating, and transportation of personal effects of employees upon permanent change of station. This language has been carried for the past several years in the Interior Department appropriation acts, and it would be desirable to have the authorization made general without the necessity of having it repeated each year. Section 11 provides that the National Park Service may hire, with or without personal services, work animals and animal-drawn and motor-propelled vehicles and equipment at rates to be approved by the Secretary of the Interior and without advertising for bids and the entering into of a contract. Certain language of general application to the various bureaus of this department has been carried in the Interior Department appropriation acts for the past several years apparently for the purpose of authorizing the hiring of teams and motor equipment with or without driver at prevailing rates and without advertising as required by law, but this language in the opinion of the service is not broad enough to accomplish the purpose desired. Owing to the short working season in the parks it is far cheaper to hire teams, and to a certain extent trucks and other equipment, during the four months working period than to provide Government-owned teams and equipment which would have to be kept during the entire year. At the opening of the working season it is necessary to hire a large number of teams from owners in the vicinity of the parks. Under the present procedure it is necessary to secure competitive bids from each man owning a team, and the park generally has need for practically every team which is available in the immediate vicinity. This results in dissatisfaction among the teamsters after arriving on the job, and often very much needed teams leave the park rather than to work for less than others that are getting a higher rate of pay for similar teams and services. Furthermore, the parks frequently lose the benefit of the teams because many teamsters will not enter into a contract. free to leave at any time and will not take the responsibility of keeping their teams on the job. services of good They want to be In order to get the best results, the Park Service must pay the prevailing rates in the particular locality. It is desirable that teams and other needed equipment be secured at established rates based on current charges in the community and without the formalities of contracts. In the event it is found possible to take care of this situation by amendment of the general contract law bill (H. R. 5568) as suggested in the comments herein made under section 3, the language of this section would be unnecessary and could be eliminated. It is respectfully recommended that H. R. 8163 receive the favorable consideration of the department and amendments thereto as indicated above recommended. A. E. DEMARAY, Acting Director. о TO ESTABLISH THE CARLSBAD CAVERNS NATIONAL PARK IN THE STATE OF NEW MEXICO, AND FOR OTHER PURPOSES MARCH 20, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. SIMMS, from the Committee on the Public Lands, submitted the following REPORT [To accompany H. R. 9895] The Committee on the Public Lands, to whom was referred the bill (H. R. 9895) to establish the Carlsbad Caverns National Park in the State of New Mexico, and for other purposes, having considered the same, report it favorably to the House with the recommendation that it do pass without amendment. The purpose of this legislation is to change the status of the area at the present time known as the Carlsbad Cave National Monument to that of a national park. The purpose and reason for this legislation are more fully explained in a letter and a memorandum from the Secretary of the Interior which letter is herein set out in full for the information of the House. Hon. DoN B. COLTON, DEPARTMENT OF THE INTERIOR, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. COLTON: With further reference to your request of February 19 for a report on H. R. 9895, to establish the Carlsbad Caverns National Park in the State of New Mexico, there is transmitted herewith a memorandum from the Director of the National Park Service. After a review of the proposed measure, I agree with Director Albright. Very truly yours, RAY LYMAN WILBUR, Secretary. |