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Comparative statement of the amounts appropriated for the fiscal year 1938, the Budget estimates for the fiscal year 1939,

and the amounts recommended in the accompanying bill for 1939Continued

FOREST ROADS AND TRAILS

Total, Agricultural Appropriation

Act..

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PERMANENT ANNUAL APPROPRIATIONS

Forest Service..

Bureau of Biological Survey (payments to counties under Migratory Bird Con

servation Act)-
Agricultural Adjustment Administration (exportation and domestic consumption
of agricultural commodities).

Total, permanent appropriations.

FARM CREDIT ADMINISTRATION

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AUTHORIZING SALE OF CERTAIN SURPLUS WAR DEPART

MENT REAL PROPERTY

APRIL 12, 1938.—Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

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

following

REPORT

[To accompany S. 1279]

The Committee on Military Affairs, to whom was referred the bill (S. 1279) to authorize the sale, under the provisions of the act of March 12, 1926 (44 Stat. 203) of surplus War Department real property, having considered the same, report favorably thereon with a recommendation that it do pass.

This bill is recommended by the War Department, and it has the approval of the Budget Bureau. The real property proposed to be disposed of under this legislation and under the provisions of the act of March 12, 1926 (44 Stat. 203) is surplus to military needs. The property involved is located in Massachusetts, Washington, Florida, and Kentucky. The amount of property in each State to be disposed of, and the name of the reservation of which it is a part in each instance are as follows: Calf Island, including Little Calf Island, Mass., 18700 acres; Great Brewster Island, Mass., 21% acres; Fort Ward, Wash., 3203700 acres: Boca Grande (Cayo Costa) Military Reservation, Fla., 37 acres (portion excepted and reserved by act of March 12, 1926); and the remaining portion of Camp Taylor, Ky., approximately 30 acres, which was not sold under the act of February 20, 1931 (46 Stat. 1191), together with any other portion of Camp Taylor which was sold prior to the passage of the act of February 20, 1931, and title to which may revert to the United States because of default.

S. 1279 provides that the net proceeds from any sale made under its provisions shall be deposited in the Treasury to the credit of “Miscellaneous receipts.” If enacted into law, it will give other departments of the Government, and also the State, county, and municipality in which the properties are located, the opportunity to acquire said properties prior to any public sale.

u Repts., 75-3, vol. 2-24

This measure came up for consideration on February 9, 1937, and the Senate Military Affairs Committee ordered a copy of S. 1279 and 8 copy of the War Department's letter referred to the Senators representing the States in which the property concerned is located. No objections were submitted to the committee relative to the proposed authority to sell the property located in Massachusetts, Florida, and Kentucky. In reference to Fort Ward, Wash., it was suggested that the authority to sell this property be stricken from the provisions of S. 1279 in order that Fort Ward might be acquired by the Navy Department.

The Senate Military Affairs Committee then wrote the Secretary of the Navy, making inquiry as to whether the Navy Department wishes to acquire Fort Ward, and, if so, whether the Department is willing at this time to take the necessary steps to acquire the property. The Secretary of the Navy replied that the Department desires to acquire Fort Ward, Wash., stating in part as follows: “It is contemplated using this reservation, if acquired, for recreational purposes. It would also be considered available for training personnel in an emergency.

The Department recommended that s. 1279 be amended by deleting the following from lines 7 and 8 of page 2: "Fort Ward, Washington, three hundred and twenty and thirty-three one-hundredths acres;". The Navy Department stated also that no further legislative authority is needed for the Secretary of War to transfer this reservation to the control and jurisdiction of the Secretary of the Navy, and that the Secretary of War was given authority to make such transfer of real estate under the act of July 11, 1919 (41 Stat. 132; 10 U. S. C., sec. 1274), which act is still in full force and effect. The Navy Department in its letter added that if the recommended change is effected in S. 1279, the Department will make application to the War Department for the transfer of the Fort Ward Reservation to the Navy Department, which transfer can be effected by letter of the Secretary of War or by Executive order.

In order that the committee might know the War Department's views toward the Navy Department's desire to acquire Fort Ward, the letter of May 6, 1937, from the Secretary of the Navy Department was referred to the War Department under date of March 15, 1937. . The Secretary of War on May 17, 1937, advised that the Fort Ward Military Reservation is surplus to War Department needs, and that its transfer to the Navy Department, under authority contained in the act of July 11, 1919 (44 Stat. 132; 10 U. S. C., sec. 1274), will be effected upon receipt in the War Department of an application for the transfer of said reservation. The Secretary of War pointed out, however, that in view of the permissive language of S. 1279, the deletion of Fort Ward is not necessary in order to effect the transfer of this property to the Navy Department under existing law. “For this reason," states the Secretary of War, "and because of the fact that the War Department would be without legislative authority to dispose of Fort Ward by sale in the event transfer thereof be not requested by the Navy Department, it is desired that no action be taken to delete this property from the bill S. 1279."

In view of the fact that the language contained in S. 1279 is permissive, and inasmuch as the War Department is entirely agreeable to transferring the Fort Ward Military Reservation to the control and jurisdiction of the Navy Department under existing law upon applica

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