AMENDING THE ACT AUTHORIZING CONSTRUCTION OF A BRIDGE OVER LAKE SABINE, NEAR PORT ARTHUR, TEX., AND EXTEND THE TIMES FOR COMMENCING AND COMPLETING THE CONSTRUCTION OF SAME JUNE 29, 1939.-Referred to the House Calendar and ordered to be printed Mr. SOUTH, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 5525] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 5525), to extend the times for commencing and completing the construction of a bridge over Lake Sabine at or near Port Arthur, Tex., to amend the act of June 18, 1934 (48 Stat. 1008), and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 2, line 1, after "June", strike out "18" and insert "14". Page 2, line 23, strike out "Secretary of Agriculture" and in lieu thereof insert "Federal Works Administrator". Page 3, line 5, strike out "Secretary of Agriculture" and in lieu thereof insert "Federal Works Administrator". Page 3, lines 13 and 14, strike out "Chief of the Bureau" and in lieu thereof insert "Commissioner". Page 3, line 20, at end of the line insert an added "one,". Page 3, line 21, before the word "and" insert "one,". Page 3, line 23, after "exceeding" strike out "$" and insert "$10". The bill has the approval of the War and Agriculture Departments and the Federal Emergency Administration of Public Works, as will appear by the letters attached. Hon. CLARENCE F. LEA, WAR DEPARTMENT, Washington, May 6, 1939. Chairman, Committee on Interstate ond Foreign Commerce, House of Representatives, Washington, D. C. DEAR MR. LEA: The Department is in receipt of your letter of April 10, 1939, requesting its views on H. R. 5525, Seventy-sixth Congress, first session, entitled "A bill to extend the times for commencing and completing the construction of a bridge over Lake Sabine at or near Port Arthur, Tex., to amend the Act of June 18, 1934 (48 Stat. 1008), and for other purposes.' Under authority of act of Congress approved June 18, 1934, as extended and amended by the act of April 10, 1936, plans and specifications for construction of the bridge concerned herein were submitted to and approved by the Chief of Engineers and the Secretary of War on July 8 and July 10, 1936. Thereafter extensions of time for commencing and completing said bridge were granted by acts approved August 12, 1937, and June 14, 1938. Section 1 of the instant bill recites authority for construction of the bridge and provides that the times for commencing and completing same shall be further extended 1 and 3 years, respectively, from August 12, 1938. Section 2 of H. R 5525 makes provision for amendments to the act of June 18, 1934, directing that said bridge be maintained and operated free of toll after a sinking fund sufficient for amortization of the cost thereof has been provided. It revises section 9 of said act to provide, that upon failure of Texas and Louisiana interests to accept ownership and control of the bridge after amortization of the cost thereof, the commission shall continue to maintain, operate, insure, and repair said bridge as a free bridge until such time as the ownership and control thereof shall be accepted by State interests. It also provides for the creation of a commission of seven members in place of the five provided for in the aforesaid act of June 18, 1934, naming the seven initial members and making provisions for the functioning of the commission so as to comply with the increase in membership. Section 3 of the bill provides for succession of the commission, created herein, to any commission operating and functioning pursuant to act of June 18, 1934, as heretofore amended. Minor corrections have been indicated in red on the bill herewith, including that recognized in your letter in respect to the terms of office of the initial members of the commission. It is also noted that the sum per day to be allowed for expenses to each member of the commission is in blank. If amended as indicated in red thereon, the Department sees no objection to the favorable consideration by Congress of H. R. 5525. This proposed report was submitted to the Bureau of the Budget which advises that there would be no objection to its submission to the committee. DEAR MR. LEA: Careful consideration has been given to the bill, H. R. 5525, transmitted with your letter of April 10 with request for a report thereon and such views relative thereto as the Department might desire to communicate. This bill (sec. 1) would extend for 1 and 3 years, respectively, from August 12, 1938, the times for commencing and completing the construction of a bridge over Lake Sabine at or near Port Arthur. Tex., authorized by act of Congress approved June 18, 1934 (48 Stat. 1008), to be built by the city of Port Arthur, Tex., or by the Port Arthur Bridge Commission created by said act or its successors. The bill would amend sections 4, 5, 6, and 9 of the original authorization act of June 18, 1934. The change proposed in section 4 would apply to the second sentence thereof and would eliminate therefrom the language which permits the continued collection of tolls to provide funds for maintenance, repair, and operation costs after a sinking fund sufficient for amortizing the cost of constructing the bridge shall have been provided. The proposed amendments to sections 5 and 6 relate to the creation of a Port Arthur Bridge Commission and the appoint ment of its members. Under the original act a commission of five members was provided to be appointed by the mayor of Port Arthur with the approval of the majority of the city commission. The pending bill would take away this authority from the mayor of Port Arthur and would increase the membership of the commission to seven, the members to first serve on the commission being named in the bill. The amendment would further require that each member of the commission shall qualify within 30 days after approval of the amendatory act by filing in the office of the Secretary of Agriculture an oath of office that he will faithfully perform the duties imposed upon him. It also would provide that each person hereafter appointed to fill a vacancy on the commission shall qualify in like manner within 30 days after his appointment. Any vacancy occurring in said commission would be required by the amendatory act to be filled by the Secretary of Agriculture. A further provision which the bill would add is a requirement that before issuing any bonds authorized by the act each member of the commission shall give such surety bond as may be fixed by the Chief of the Bureau of Public Roads of this Department, conditioned upon the faithful performance of all duties required by the act as it would be amended by the bill. The revision proposed with respect to section 9 of the original act is necessary in order to carry out the purpose of the amendatory provisions of the bill to require the bridge to be maintained and operated free after a sinking fund sufficient to amortize the cost of constructing the bridge, after meeting maintenance, repair, and operation costs, shall have been provided. The Department has no objection to the proposed extension of times for commencing and completing the construction of the bridge. The other amendments proposed by the bill are believed to be desirable. Favorable action on the bill, therefore, is recommended. Upon reference of this matter to the Bureau of the Budget, as required by Budget Circular 344, the Director thereof advised the Department of Agriculture under date of April 25, 1939, that there would be no objection on the part of that office to the submission of this report to Congress. Sincerely, HARRY L. BROWN, Acting Secretary. FEDERAL EMERGENCY ADMINISTRATOR OF PUBLIC WORKS, Hon. CLARENCE F. LEA, House of Representatives. MY DEAR MR. LEA: In accordance with your request of April 10, 1939, I am submitting a report upon H. R. 5525, entitled "A bill to extend the times for commencing and completing the construction of a bridge over Lake Sabine at or near Port Arthur, Tex., to amend the act of June 18, 1934 (48 Stat. 1008), and for other purposes." The amendments which would be made by the bill to the act of June 18, 1934, would eliminate from that act a provision which at present creates a substantial doubt as to the validity of the Port Arthur Bridge Commission. The Federal Emergency Administration of Public Works would have no objection to the enactment of the proposed bill. I know of no reason, however, why the power to appoint successors to the members of the Bridge Commission should be vested in the Secretary of Agriculture. It seems to me more appropriate to place such power in the Administrator of the new Federal Works Agency. I suggest that the legal eligibility of the Port Arthur Bridge Commission for financial aid from the Public Works Administration might be strengthened by adding to section 2 (c) of the bill (which amends sec. 6 of the act of June 18, 1934) a provision substantially as follows: "The Commission shall be deemed to constitute a public body or agency within the meaning of the provisions of law authorizing the Federal Emergency Administration of Public Works to make loans and grants to public bodies or agencies." A similar provision, limited to the National Industrial Recovery Act, is now contained in section 6 of the act of June 18, 1934; but the proposed bill in its present form would eliminate such provision. The reference to "August 12, 1938" in the bill (on line 2 of p. 2) would appear to be unnecessary and perhaps undesirable. Under the act of June 14, 1938 (52 Stat. 680), the times for commencing and completing the construction of the bridge in question were "extended 1 and 3 years, respectively, from August 12, 1938." Presumably, the additional extension of time proposed to be granted by H. R. 5525 was intended to commence August 12, 1939, or in any event at a later date than August 12, 1938. As you know, there are presently no funds available for allocation by the Federal Emergency Administration of Public Works for this project. Sincerely yours, HAROLD L. ICKES, Administrator. Hon. CLARENCE F. LEA, HOUSE OF REPRESENTATIVES, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. MY DEAR MR. LEA: I enclose copy of H. R. 5525 and respectfully request that, in addition to the reports requested on bridge bills from the Department of Agriculture and War Department, this bill also be sent to the Public Works Administration for comments and report. I wish to call your attention to an evident error in the bill and request that same be amended in committee as follows: On page 3, line 20, after the word "named," add the word "one" and a comma. On page 3, line 21, after the word "four", add the word "one" and a comma. ery sincerely yours, MARTIN DIES. CHANGES IN EXISTING LAW In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law are indicated as follows: Provisions of existing law in which no change is made appear in roman; provisions of existing law stricken out appear within black brackets; and new matter appears in italics. [PUBLIC NO. 403-73D CONGRESS] AN ACT Authorizing the city of Port Arthur, Texas, or the commission hereby created and its successors, to construct, maintain, and operate a bridge over Lake Sabine, at or near Port Arthur, Texas Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the city of Port Arthur, Texas, or the Port Arthur Bridge Čommission (hereinafter called the "Commission") hereby created, and its successors be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across Lake Sabine, at a point suitable to the interests of navigation, between a point at or near Port Arthur, Texas, and a point opposite in Cameron Parish, Louisiana, in accordance with the provisions of an Act entitled "An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to conditions and limitations contained in this Act. SEC. 2. There is hereby conferred upon the city of Port Arthur, Texas, or the Commission hereby created and its successors, 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, maintenance, and operation 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. SEC. 3. The said city of Port Arthur, Texas, or the Commission hereby created and its successors, 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. In fixing the rates of toll to be charged for the use of such bridge the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable |