Page 3, line 10, after the first word "the", insert the word "present". Page 3, line 22, after the word "bridge", insert the following: "Operated by said Board, or of which the construction was financed in whole or in part by a loan and a grant from the United States of America, or any agency or instrumentality thereof,".

Page 3, line 23, after the word "which", strike out the words "said Board".

The bill has the approval of the War and Agriculture Departments, as will appear by the letters attached.

Hon. CLARENCE F. LEA,

WAR DEPARTMENT, Washington, June 14, 1987.

Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives, Washington, D. C.

DEAR MR. LEA: I refer to your letter of June 8, 1937, requesting the views of the Department on the advisability of the enactment of H. R. 7405, Seventyfifth Congress, first session, entitled "A bill to amend the act relating to the Omaha-Council Bluffs Missouri River Bridge Board of Trustees, approved June 10, 1930, and for other purposes.'

Section 3 of the act of June 10, 1930 (Public, No. 330, 71st Cong.), as amended, authorizes the Omaha-Council Bluffs Missouri River Bridge Board of Trustees t construct, maintain, and operate a bridge across the Missouri River at or near Farnam Street, Omaha, Nebr., and pursuant to the provisions thereof, the Lepartment on February 6, 1933, approved the location and plans of a bridge to be located at Farnam Street. The last amendatory act, dated May 24, 1935, extended the times for commencing and completing construction of the bridge to June 10, 1936, and June 10, 1938, respectively. The records of the Department with respect to the commencement of construction disclose that in May 1936 what was understood to be the south base of pier 17 of the bridge was being built by employees of the Minneapolis Bridge Co.

Section 1 of H. R. 7405 recognizes that construction of the bridge has been commenced and extends the time for completion thereof to June 10, 1939.

Section 3 of H. R. 7405 provides that the Board may acquire and purchase and thereafter operate any other bridge or bridges, including approaches, over the Missouri River within 1 mile of the site of the Farnam Street Bridge. The rates of toll to be charged for transit over such bridges and the disposition of the revenue received therefrom are governed by this section.

Section 4 of H. R. 7405 provides for acquisition of all right, title, and interest in all of the bridges by either the State of Nebraska and the State of Iowa, separately or jointly, or the cities of Omaha and Council Bluffs, separately or jointly, or the counties of Douglas, Nebr., and Pottawattamie, Iowa, separately or jointly, at any time.

Insofar as the interests committed to the Department are concerned there is no objection to favorable consideration by Congress of H. R. 7405.

Sincerely yours,

MALIN CRAIG, Acting Secretary of War.

Hon. CLARENCE F. LEA,

DEPARTMENT of Agriculture,
Washington, D. C., June 15, 1937.

Chairman, Committee on Interstate and Foreign Commerce,

House of Representatives.

DEAR MR. LEA: Careful consideration has been given to the bill (H. R. 7405), transmitted with your letter of June 8 with request for a report thereon and such views relative thereto as the Department might desire to communicate.

This bill would amend the act approved June 10, 1930 (46 Stat. 544), which granted consent for the construction of a bridge across the Missouri River between Omaha, Nebr., and Council Bluffs, Iowa, by the Omaha-Council Bluffs Missouri River Bridge Board of Trustees at a point at or near Farnam Street in the city of Omaha.

A Senate bill (S. 2156) was passed by the Senate on June 1, 1937, for the same purpose, and the pending bill (H. R. 7405) is identical with the above-mentioned Senate bill as it was passed on June 1. Original Senate bill 2156 was introduced April 15, 1937, and under date of May 26, 1937, this Department submitted a report thereon to the Senate Committee on Commerce suggesting certain changes therein before its enactment. A copy of the Department's report appears in Report No. 652 by the Senate Committee on Commerce under date of June 1, 1937. Before the bill was passed by the Senate, however, it was changed in such manner as substantially to meet the objections set out in the Department's report thereon.

The bill now before the Department for report, therefore, is without objection, except that it is believed that on page 4, line 3, after the word "until", the words "all terms of the proposed" should be substituted for "the amount to be paid for the." This change is believed desirable to extend the power of approval by the highway departments of the States of Iowa and Nebraska not only to the amount of any proposed purchase of any other bridge, but also to all terms and conditions of any such proposed purchase. Certain local criticisms, of or apprehensions concerning, this proviso in the bill as it passed the Senate have reached the Department informally which suggest that the above change should be written into the bill before its final enactment. It is understood by the Department that all agencies interested in the construction of a new bridge in Omaha have now agreed that any new bridge to be undertaken under this legislation will be at Dodge Street and not at Farnam Street.

In this connection, it is believed desirable to call the committee's attention to the fact that a bridge now exists at South Omaha, which was constructed across the Missouri River with the aid of loan and grant funds provided by the Federal Emergency Administration of Public Works. This existing bridge which was constructed within the last few years is owned and operated by the city of Omaha, but it is understood that the Public Works Administration still holds a considerable amount of the bonds which were issued for its construction. It is suggested that the details concerning this existing bridge may be obtained from the Public Works Administration.

Subject to the foregoing, the bill is without objection so far as this Department is concerned.

Sincerely,

HARRY L. BROWN, Acting Secretary.

EXISTING LAW

For the information of the Members of the House, section 3 of the act of June 10, 1930, affected but not specifically amended by the bill, is set forth below. The times for commencing and completing the construction of the bridge, authorized to be built by such section 3, have been extended by acts of Congress approved February 20, 1931, June 9, 1932, February 24, 1933, March 5, 1934, and May 24, 1935. The last of these extensions is set forth in the act of May 24, 1935, as shown below.

[PUBLIC NO. 330-718T CONGRESS]

[H. R. 9806]

AN ACT To authorize the construction of certain bridges and to extend the times for commencing and completing the construction of other bridges over the navigable waters of the United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

MISSOURI RIVER AT Omaha, nebrASKA

SEC. 3. (a) That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes, Richard L. Metcalf, Mayor of Omaha, Nebraska, and his successors in office, Oscar H. Brown, Mayor of Council Bluffs, Iowa, and his successors in office, Harry H. Lapidus, of Omaha, Nebraska, Mathew E. O'Keefe, of Council Bluffs, Iowa, and C. A. Sorensen, Attorney

General of the State of Nebraska, and his successors in office, all as trustees, are hereby authorized and empowered to cause to be prepared and to adopt plans and specifications for, and to construct, maintain, and operate a bridge and appropaches thereto across the Missouri River, and to own and hold the same in trust for said cities of Omaha and Council Bluffs and the States of Iowa and Nebraska. Said bridge shall be constructed at a point suitable to the interests of navigation, at or near Farnam Street, Omaha, Nebraska, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. Said five trustees shall act jointly under the designation and style of "The Omaha-Council Bluffs Missouri River Bridge Board of Trustees" and in that name may construct, operate, and hold said bridge. No act of said Board shall be valid unless concurred in by not less than three members thereof. The first meeting of said Board after the passage of this Act shall be called not less than twenty days subsequent thereto and by not less than three members thereof, and the written notice of said first meeting shall designate the exact place and time. The Board shall select a chairman from its own number but its secretary and treasurer need not be members thereof. The Board shall have all the ordinary and usual powers necessary to carry out the purposes of section 3 of this Act, and in connection therewith may adopt rules of procedure and by-laws; enter into contracts and employ such managers, agents, and clerical help as may be necessary; fill any vacancy caused by the death, resignation, or refusal and failure to act of any one of the two nonpublic officer members of the Board, or the refusal and failure to act of any one of the three public officer members of the board. The term of any person selected to fill a vacancy caused by the refusal and failure to act of any one of the three public officer members shall terminate with the election and qualification of said official member's successor in office.

(b) There is hereby conferred upon The Omaha-Council Bluffs Missouri River Bridge Board of Trustees, its legal representatives, and assigns, 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, operation, and maintenance 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 condemnation or expropriation of property for public purposes in such State.

(c) The said The Omaha-Council Bluffs Missouri River Bridge Board of Trustees, its legal representatives, and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be such as will amortize the cost of said bridge within a period fixed by said Board but not to exceed twenty years and such 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.

(d) If, after the completion of such bridge, as determined by the Secretary of War, either the State of Nebraska and the State of Iowa, jointly, or said cities of Omaha and Council Bluffs, jointly, or the counties of Douglas, Nebraska, and Pottawattamie, Iowa, jointly, may at any time desire to acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, it shall not be necessary to condemn or expropriate such property, but the said The Omaha-Council Bluffs Missouri River Bridge Board of Trustees, its legal representatives and assigns, shall deliver to such public agency, by proper instrument of conveyance, all right, title, and interest in such bridge and its approaches, and no damages or compensation whatsoever shall be allowed for any such right, title, or interest, but if such bridge is so acquired it shall be taken over subject to the bonds, debentures, or other instruments of indebetedness, including accrued interest thereon, actually issued in payment for the bridge, its approaches, and improvements and outstanding at the time of such taking over. Such instrument of conveyance shall be executed and delivered within a period of thirty days after receiving from such public agency a written notice of such intention to take over such property.

(e) If such bridge shall at any time be taken over or acquired by such States, or public agencies or political subdivisions thereof, or by either of them, as provided in section 3 (d) of this Act, and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management and to provide a sinking fund suffi

cient to amortize the amount paid therefor, including only those items named in section 3 (d) of this Act, as soon as possible under reasonable charges but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

(f) The said The Omaha-Council Bluffs Missouri River Bridge Board of Trustees, its legal representatives and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War and with the highway departments of the States of Nebraska and Iowa a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the amount of bonds, debentures, or other evidences of indebtedness issued in connection with the construction of such bridge. The Secretary of War may, and upon request of the highway departments of either of such States shall, at any time within three years after the completion of such bridge investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing and financing such bridge. For the purpose of such investigation the said The Omaha-Council Bluffs Missouri River Bridge Board of Trustees, its legal representatives and assigns, shall make available all of its records in connection with the construction and financing thereof. The findings of the Secretary of War as to the reasonable costs of the construction and financing of the bridge shall be conclusive for the purposes mentioned in section 3 (d) of this Act, subject only to a review in a court of equity for fraud or gross mistake. (g) The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by section 3 of this Act is hereby granted to The OmahaCouncil Bluffs Missouri River Bridge Board of 1. ustees, its legal representatives, and assigns; and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person.

(h) All contracts made in connection with the construction of the bridge authorized by section 3 of this Act and which shall involve the expenditure of more than $5,000 shall be let by competitive bidding. Such contracts shall be advertised for a reasonable time in some newspaper of general circulation published in the States in which the bridge is located and in the vicinity thereof; sealed bids shall be required, and the contracts shall be awarded to the lowest responsible bidder. Verified copies or abstracts of all bids received and of the bid or bids accepted shall be promptly furnished to the highway departments of the States in which the bridge is located. A failure to comply in good faith with the provisions of this section shall render null and void any contract made in violation thereof, and the Secretary of War may, after hearings, order the suspension of all work upon such bridge until the provisions of this section shall have been fully complied with.

(i) Upon the completion of such bridge it shall be the duty thereafter of said board, until said bridge shall be taken over or acquired by such States or political agencies or subdivisions thereof, as provided for in section 3 of this Act, to supervise the collection of tolls and to authorize and audit all expenditures of money received from the collection of tolls; it shall be their duty to see that all revenues received from the bridge, except such amounts as may be necessary for the repair, operation, and maintenance, under economical management, of the bridge, shail be paid into the sinking fund and used for the amortization of the outstanding indebtedness incurred for the construction or improvement of the bridge. After a sinking fund sufficient for such amortization shall have been so provided the bridge shall thereafter be maintained and operated free of tolls; and The OmahaCouncil Bluffs Missouri River Bridge Board of Trustees, its legal representatives, and assigns shall thereupon convey, by proper instrument of conveyance, all right, title, and interest in said bridge and its approaches to the State of Nebraska and the State of Iowa, jointly, if such States shall agree to accept and to maintain and operate the same; if such States refuse to agree to accept and maintain and operate the bridge as a free bridge, then the said The Omaha-Council Bluffs

Missouri River Bridge Board of Trustees, its legal representatives, and assigns shall convey said bridge to either the State of Nebraska, or the State of Iowa, or to said counties of Douglas and Pottawattamie, jointly, in which such bridge is located in whole or in part, or to the cities of Omaha, Nebraska, and Council Bluffs, Iowa, jointly, as shall first by duly authorized action agree to accept and maintain and operate the same as a free bridge: Provided, however, That if said two States, due to the fault of one of them shall fail to agree to accept and operate said bridge, jointly, as a free bridge, then in no event shall said board convey said bridge to the State at fault.

SEC. 18. The right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, June 10, 1930.

[PUBLIC-No. 69-74TH CONGRESS]

[S. 1987]

AN ACT To extend the times for commencing and completing the construction of a bridge across the Missouri River at or near Farnam Street, Omaha, Nebraska

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the times for commencing and completing the construction of a bridge across the Missouri River at or near Farnam Street, Omaha, Nebraska, authorized to be built by the Omaha-Council Bluffs Missouri River Bridge Board of Trustees by an Act of Congress approved June 10, 1930, heretofore extended by Acts of Congress approved February 20, 1931, June 9, 1932, February 24, 1933, and March 5, 1934, are hereby further extended one and three years, respectively, from June 10, 1935.

SEC. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 24, 1935.

O