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Under the act of July 2, 1917, as amended, the Secretary of War has authority to condemn and to accept donations of land for target ranges. However, the War Department believes it advisable in connection with the land proposed to be acquired near Fort Missoula, since the award in condemnation proceedings will be paid by the donor, that specific authority of Congress be obtained for the institution of the condemnation proceedings in the name of the United States.

The land proposed to be donated to the United States is greatly
needed to serve the military needs of Fort Missoula. The enactment
of this measure into law will occasion the Government no expense,
but on the contrary its approval will save the Government many
thousands of dollars which would have to be expended if the entire
area were to be purchased by the Government.
Letter from the War Department dated February 11, 1938, follows:

War DEPARTMENT, February 11, 1998.
Hon. MORRIS SHEPPARD,
Chairman, Committee on Military Affairs,

United States Senate
DEAR SENATOR SHEPPARD: There is enclosed the draft of a bill to authorize
the Secretary of War to acquire by donation land at or near Fort Missoula, Mont.,
for target range, military, or other public purposes, which the War Department
presents for the consideration of the Congress with a view to its enactment into
law.

The act of Congress approved July 2, 1917 (40 Stat. 241), as amended by the act of April 11, 1918 (40 Stat. 518; U. S. C. 60: 171), provides in part as follows:

“That hereafter the Secretary of War may cause proceedings to be instituted in the name of the United States, in any court having jurisdiction of such proceedings for the acquirement by condemnation of any land, temporary use thereof or other interest therein, or right pertaining thereto, needed for the site, location, construction, or prosecution of works for fortifications, coast defenses, military training camps *: Provided further, That the Secretary of War is hereby authorized to accept on behalf of the United States donations of land and the interest and rights pertaining thereto required for the above-mentioned purposes

The Chamber of Commerce of Missoula, Mont., has offered to acquire and convey to the United States of America, without cost, the fee simple title to an area of approximately 2,700 acres of land in the vicinity of Fort Missoula, Mont., to be used for a target range and other public purposes to serve Fort Missoula and has taken steps to acquire the desired area with a view to its conveyance to the Government. However, the donor is unable to acquire a parcel of approximately 840 acres located in the center of the proposed target range, due to the fact that the owner has demanded an exorbitant price therefor, and it is without authority to exercise the power of eminent domain to acquire title thereto. The chamber of commerce has suggested, in order that acquisition of the much-needed target-range site may be completed, that the tract in question be condemned in the name of the United States of America, the cost of the suit and ensuing award to be borne by said organization.

Although the Secretary of War is authorized to condemn and to accept donations of land for target ranges under the provisions of the act of July 2, 1917, as amended, supra, it is deemed advisable in the instant case, since the award in such proceedings will be paid by the donor, that specific authority of Congress be obtained for the institution of the condemnation proceedings in the name of the United States of America; the legislation to also authorize the acceptance of the donation of the entire area.

The passage of the bill will not involve the expenditure of any Federal funds, but on the contrary the Government will acquire title to a much-needed area to serve the military needs of Fort Missoula, thus saving many thousands of dollars which would have to be expended if the entire area were purchased by the Government.

The proposed legislation was submitted to the Bureau of the Budget, which advised that there would be no objection to its submission to Congress. Sincerely yours,

Louis JOHNSON,

Acting Secretary of War.
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AUTHORIZING THE SECRETARY OF WAR TO LEASE TO

THE VILLAGE OF YOUNGSTOWN, N. Y., A PORTION OF THE FORT NIAGARA MILITARY RESERVATION, N. Y.

APRIL 19, 1938.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

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

following

REPORT

[To accompany H. R. 9123]

The Committee on Military Affairs, to whom was referred the bill (H. R. 9123) to authorize the Secretary of War to lease to the village of Youngstown, N. Y., a portion of the Fort Niagara Military Reservation, N. Y., having considered the same, submit the following report thereon, with the recommendation that it do pass with the following amendment:

At the end of the bill insert the following proviso:

That said lease shall not be granted until the Legislature of the State of New York shall have first provided by appropriate legislation that the granting of said lease shall not impair or invalidate any of the rights, title, or privileges granted to the United States pursuant to the act of the Legislature of New York passed April 21, 1840 (N. Y. Laws, 1840, ch. 155, p. 113).

The amendment, which is to meet the objections of the War Department, is to add a further proviso to the effect that the proposed lease shall not be granted until the State of New York shall have consented thereto by appropriate legislation, or in order that the title of the United States to the Fort Niagara Reservation will not be jeopardized. The bill, as amended, has the approval of the Bureau of the Budget.

This measure authorizes the Secretary of War to lease to the village of Youngstown, N. Y., for a term of 50 years, a tract of land not to exceed 4 acres on the Fort Niagara Military Reservation, N. Y., for the erection of a sewer treatment plant and a right-of-way for required sewer lines. The bill provides that the location of the tract and rightof-way shall be approved by the Secretary of War, and that the lease shall be subject to such provisions and conditions as the Secretary of War may prescribe.

It is further set forth in the bill that the consideration for the lease shall be the connection by the village of Youngstown of the present outfall sewer of the post of Fort Niagara with the proposed sewage treatment plant and the treatment of the sewage from the post without expense to the War Department except for a charge for chemicals used in treating post sewage.

In a letter to the chairman of the Committee on Military Affairs of the House of Representatives, dated April 5, 1938, the War Department pointed out that a general health-improvement program is being vigorously prosecuted along the entire Niagara frontier for the purpose of eliminating a serious pollution problem. This program has the cooperation of State, county, and city governments in New York State and the government of Ontario Province, Canada. The major New York cities in this area have already installed, or are installing, sanitary sewage-disposal plants. The topography of Fort Niagara lends itself to the installation of a joint plant as proposed. The proposed installation will preclude the possibility of the War Department having to install, operate, and maintain a similar facility in the future.

Attached herewith and made a part of this report, is a letter from the War Department, under date of April 5, 1938, to the Honorable A. J. May, chairman of the Military Affairs Committee:

WAR DEPARTMENT,

Washington, D. C., April 5, 1938. Hon. ANDREW J. May, Chairman, Committee on Military Affairs,

House of Representatives. DEAR MR. May: Careful consideration has been given to H. R. 9123, a bill to authorize the Secretary of War to lease to the village of Youngstown, N. Y., & portion of the Fort Niagara Military Reservation, N. Y., which was transmitted to the War Department under date of January 29, 1938, with a request for a report in triplicate thereon.

There is no existing law authorizing a lease as proposed in this bill.

The legal effect of the measure would authorize the Secretary of War to lease to the village of Youngstown, N. Y., for a term of 50 years, a tract of land not to exceed 4 acres, on the Fort Niagara Military Reservation, N. Y., for the erection of an adequate sewage-treatment plant and a right-of-way for a sewer line to the said plant. The bill also provides

a. That the location of the tract and right-of-way shall be approved by the Secretary of War.

b. That the lease shall be subject to such provisions and conditions as the Secretary of War may prescribe.

c. That the consideration for the lease shall be the connection by the village of Youngstown of the present outfall sewer of the post of Fort Niagara with the proposed sewage-treatment plant and the treatment in said plant of the sewage from said post, for which no charge shall be made except for chemicals used in treating post sewage. The rate of charge for chemicals is to be determined from time to time by the Secretary of War.

A general health improvement program is being vigorously prosecuted along the entire Niagara frontier for the purpose of ending a serious pollution problem affecting local waterways. This program has the cooperation of State, county, and city governments in New York State and the government of Ontario Province, Canada. The major New York cities in this area have already installed, or are installing, sanitary sewage-disposal plants. The village of Youngstown adjacent to the post of Fort Niagara desires to cooperate and proposes a joint plant with Fort Niagara, as indicated in the measure under consideration. The topography of Fort Niagara lends itself to a joint plant as proposed. Such plant will preclude the possibility of the War Department having to install, operate, and maintain a similar facility in the future.

The War Department desires to cooperate in the project; however, H. R. 9123 in its present form would be detrimental to the interests of national defense. The act of the Legislature of New York passed April 21, 1840, which authorized the conveyance of the lands comprising the present Fort Niagara Military Reservation to the United States, contained a reversionary clause. It has been determined that to grant a lease as proposed in the bill under consideration, without first obtaining appropriate legislation by the State of New York consenting thereto, will jeopardize the title of the United States to the Fort Niagara Reservation. It is accordingly recommended that H. R. 9123 be amended by adding a further proviso or section reading as follows:

“That said lease shall not be granted until the Legislature of the State of New York shall have first provided by appropriate legislation that the granting of said lease shall not impair or invalidate any of the rights, title, or privileges granted to the United States pursuant to the act of the Legislature of New York passed April 21, 1840" (New York Laws, 1840, ch. 155, p. 113).

The War Department recommends that H. Ř. 9123, amended as proposed above, be enacted into law.

The estimated fiscal effect of this bill would be approximately $50 per annum for chemicals for the treatment of Fort Niagara sewage.

This proposed legislation was submitted to the Bureau of the Budget which reports that there would be no objection to its submission to Congress. Sincerely yours,

HARRY H, WOODRING,

Secretary of War. O

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