It is also necessary for naval purposes that portion of the public road be closed and reestablished at another location. The land to be used for the relocated roadway is now owned in part by the Government and is under the jurisdiction of the War Department. Therefore, in order to consummate the relocation, it is essential that a permanent easement for roadway purposes be conveyed across this Government-owned land to the city of Eastport, the cognizant highway authority. All of the lands involved are described in detail in the bill.

The Civil Aeronautics Authority desires, in the interest of the national defense, to enlarge and improve the existing airport of the city of Eastport, Maine, in order to provide adequate emergency airfield facilities in this locality. The Navy Department is interested in this matter, and it is understood that the War Department regards this airport project as essential. In order to properly develop the airport, the title to three Government-owned tracts should be transferred to the city of Eastport by the War Department.

The

Preliminary negotiations have recently been undertaken with representatives of the city of Eastport with a view to arranging an exchange of the aforementioned lands which would operate to the benefit of both the United States and the city. The city has indicated its willingness to convey to the United States title to its aforementioned parcels of land in exchange for the conveyance by the Government to the city of three Government-owned tracts. exchange can be made for a nominal consideration and would result in a saving of money to the Government, as well as effecting the expeditious consummation of the programs of the Civil Aeronautics Authority and the Navy Department in this area. Furthermore, it is understood that the Government-owned tracts involved, because of their distant location, do not enhance the value of the present holdings, whereas the proposed exchange of lands would result in a consolidation of the Government's property.

A careful study of the public resolution authorizing the establishment of the Passamaquoddy tidal power project indicates that the President may direct the disposal of any lands acquired for the project if such disposal would benefit its operation and functions. Since the original project is no longer in operation, it is believed that congressional authority for the proposed exchange and the granting of the road easement is necessary.

In the event that the proposed bill is approved by the Congress, and the exchange is consummated, the Navy Department will utilize the four parcels of land now owned by the city of Eastport under a permit from the War Department.

The bill was introduced at the request of the Navy Department with the approval of the War Department and the Civil Aeronautics Authority and has been cleared by the Bureau of the Budget.

The following letter from the Secretary of the Navy addressed to the Speaker of the House of Representatives sets forth the views and

recommendation of the Navy Department on this bill. This letter is hereby made a part of this report as follows:

MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill to authorize an exchange of lands between the city of Eastport, Maine, and the United States, and the conveyance of a roadway easement to the city of Eastport, Maine.

The purpose of the proposed legislation is to authorize the exchange of Government-owned land for lands of the city of Eastport, Maine, and the grant of easement for road purposes to the city of Eastport, Maine, in order to complete the establishment of the naval construction training center on Moose Island, Washington County, Maine.

The Navy Department is presently engaged in the establishment of a naval construction training center on Moose Island, Washington County, Maine. The major portion of the land being utilized for this purpose is under the jurisdiction of the War Department, having been originally acquired at the direction of the President, pursuant to the provisions of Public Resolution No. 11, dated April 8, 1935, for use in connection with the Passamaquoddy tidal power project. Permission to use and occupy this land was granted to the Navy Department by formal instrument dated December 30, 1943, executed by direction of the Under Secretary of War. The parcels of land affected by the permit are designated by the prefix G on the enclosed sketch map of part of Moose Island, Washington County, Maine.

1

In order to complete the establishment of the naval project, it is necessary that the United States Government obtain the fee simple title to four tracts of land adjacent to the lands covered by the permit. These parcels are presently owned by the city of Eastport, Maine, and are shown on the map by cross-hatched lines. It is also necessary for naval purposes that that portion of the public road delineated on the map in green be closed and reestablished at the location shown in blue. The land to be affected by the relocated roadway is now owned in part by the Government and is under the jurisdiction of the War Department. Therefore, in order to consummate the relocation, it is essential that a permanent easement for roadway purposes be conveyed across tract No. G-2 to the city of Eastport, the cognizant highway authority.

The Civil Aeronautics Authority desires, in the interest of the national defense, to enlarge and improve the existing airport of the city of Eastport, Maine, in order to provide adequate emergency airfield facilities in this locality. The Navy Department is interested in this matter, and it is understood that the War Department regards this proposed construction as essential. In order to properly. develop the airport, the title to those Government-owned tracts designated as G-11, G-12, and G-13 on the map should be transferred to the city of Eastport by the War Department.

Preliminary negotiations have recently been undertaken with representatives of the city of Eastport with a view to arranging an exchange of the aforementioned lands which would operate to the benefit of both the United States and the city. The city has indicated, its willingness to convey to the United States title to its aforementioned parcels of land in exchange for the conveyance by the Government to the city of tracts G-11, G-12, and G-13. The exchange can be made for a nominal consideration and would result in a saving of money to the Government, as well as effecting the expeditious consummation of the programs of the Civil Aeronautics Authority, and the Navy Department in this area. Furthermore it is understood that the Government-owned tracts involved, because of their distant location, do not enhance the value of the present holdings, whereas the proposed exchange of lands, together with the granting of the roadway easement, would result in a consolidation of the Government's property.

A careful study of the public resolution authorizing the establishment of the Passamaquoddy tidal power project indicates that the President may direct the disposal of any lands acquired for the project if such disposal would benefit its operation and functions. Since the original project is no longer in operation, it is believed that congressional authority for the proposed exchange and the granting of the road esaement is necessary.

Not printed.

The War Department and the Civil Aeronautics Authority have been furnished with copy of the proposed legislation and have indicated their approval thereof. In the event that the proposed bill is approved by the Congress, and the exchange is consummated, the Navy Department will utilize the four parcels of land now owned by the city of Eastport under a permit from the War Department.

The Navy Department recommends the enactment of the proposed legislation. The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of the proposed legislation to the Congress.

CAMP CROFT (S. C.) EASEMENT

FEBRUARY 16, 1945.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. DURHAM, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 222]

The Committee on Military Affairs, to whom was referred the bill (S. 222) to authorize the Secretary of War to grant to the Duke Power Co. a 180-foot perpetual easement across Camp Croft, in the State of South Carolina, having considered the same, report favorably thereon without amendment with recommendation that the bill do pass.

The proposal involves an exchange on an equal basis, of the present right-of-way of the Duke Power Co. for a new one from the Government, and no expenditure of Government funds is required.

The right-of-way to be granted by the War Department will convey to the company a 180-foot perpetual easement for the erection and maintenance of a line for the transmission of electric current, and the use of such land will be subject to such rules and regulations as the officer of the Army having immediate jurisdiction may prescribe. The letter from the War Department recommending this legislation follows:

WAR DEPARTMENT, Washington, January 5, 1945.

The CHAIRMAN, COMMITTEE ON MILITARY AFFAIRS,

United States Senate:

There is enclosed herewith draft of a bill, "An Act to authorize the Secretary of War to grant to the Duke Power Co. a 180-foot perpetual easement across Camp Croft, in the State of South Carolina," which the War Department recommends be enacted into law.

In June 1941, a contract was entered into between the War Department and the Duke Power Co. whereunder the latter agreed to remove its high-tension electric power transmission line, which crossed the maneuver and rifle range areas at Camp Croft, to a new location where the transmission line did not interfere with firing and training activities on the reservation. Under the terms of the relocation contract the Government agreed to bear the cost of relocation and to

convey to the company a right-of-way equivalent to that abandoned by the company, in exchange for the relinquishment of the right-of-way from which the interfering lines were removed. The right-of-way held by the company was a perpetual easement 100 feet in width, together with the right to cut and trim trees for 40 feet on each side of the right-of-way, resulting in an effective width of 180 feet.

Since existing statutory authority for the granting of easements of this type across military reservations provides only for a width of 40 feet for a term of 50 years' duration, it is necessary to obtain specific statutory authorization for the conveyance. The company has declined to exchange its previous right-of-way for a 50-year grant, 40 feet in width.

The proposed right-of-way to be granted by the War Department will convey to the company a 180-foot perpetual easement for the purpose of erecting, inspecting, operating, replacing, repairing, and perpetually maintaining, a line each of poles and towers with necessary wires, cross arms, guy wires, fixtures, and appurtenances for the transmission of electric current, together with the right to keep such right-of-way clear of trees, underbrush, structures, and other objects. use and occupancy of such land incident to the exercise of these privileges will be subject to such reasonable rules and regulations as the officer of the Army having immediate jurisdiction over the land may prescribe.

The

No expenditure of governmental funds is involved, since the proposed exchange will be on an equal basis, the old right-of-way being relinquished by the company in return for a new one from the Government.

The Bureau of the Budget advises that there is no objection to the submission of this proposed legislation for the consideration of the Congress.

Sincerely yours,