Senator ODDIE. A bill with a report on just received from the Department of Agriculture. The CHAIRMAN. That is the one to which I am now referring. The committee is not purposing to take action on any bills to-day. Senator ODDIE. It is S. 3674. The CHAIRMAN. That is the one to which I referred. We are now simply getting the record in shape so that all the members of the committee may, know what has taken place with reference to the bills, and they may be considered in executive session later, because you see there is a scant attendance here to-day, and I want every member of the committee to know all that there is to be known about the measures. (S. 3674, introduced by Senator Oddie, is as follows:) [S. 3674, Seventieth Congress, first session] A BILL To amend the act entitled "An act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes," approved July 11, 1916, as amended and supplemented, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of carrying out the provisions of the act entitled "An act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes," approved July 11, 1916, and all acts amendatory thereof and supplementary thereto, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the construction and maintenance of the main roads through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations; by the Bureau of Public Roads if on Federal reservations, and by the respective State highway departments, under agreement with the Secretary of Agriculture, if on any other part of the Federal-aid hughway system or on the United States numbered system of highways: Provided, That in the allocation of any such funds authorized to be appropriated under this act or any subsequent act, preference shall be given to those projects which are located on the Federal-aid highway system or on the United States numbered system of highways, as the same are now, or may hereafter be designated: The sum of $3,500,000 for the fiscal year ending June 30, 1929: The sum of $3,500,000 for the fiscal year ending June 30, 1931: Provided, That the sums hereby authorized shall be in addition to any other sums authorized or appropriated for roads, and shall be allocated to the States having more than 5 per centum of their area in lands hereinabove referred to, and said sums shall be apportioned among said States in the proportion that said lands in each of said States is to the total area of said lands in the States eligible under the provisions of this act, and no contribution from the States shall be required in the expenditure thereof. SEC. 2. All acts or parts of acts in any way inconsistent with the provisions of this act are hereby repealed, and this act shall take effect on its passage. (The report of the Secretary of Agriculture on Senate bill 3674, referred to and submitted by the chairman, is as follows:) Hon. GEORGE H. MOSES, MARCH 29, 1928. Chairman Committee on Post Offices and Post Roads, DEAR SENATOR: Further reference is made to letter of March 26 from Miss Martha R. Gold, clerk to your committee, with which was transmitted a copy of Senate bill 3674 for the information of the department and for such suggestions as might be made concerning the subject matter contained therein. This bill would amend the Federal-aid road act of July 11, 1916, as amended and supplemented, by authorizing to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $3,500,000 for each of the fiscal years 1929, 1930, and 1931 to be used for the construction and maintenance of the main roads through unappropriated or unreserved public lands, nontax able Indian lands, or other Federal reservations, by the Bureau of Public Roads if on Federal reservations and by the respective State highway departments if on any other part of the system of Federal-aid highways. Provision would be made also that in the allocation of any such funds so authorized to be appropriated under this act or any subsequent act preference shall be given to those projects which are located on the system of Federal-aid highways or on the United States numbered system of highways as the same are now or may hereafter be designated. The bill also contains a provision that the sums which it would authorize to be appropriated shall be allocated to the States having more than 5 per cent of their area in lands of the kind referred to and that said sums shall be apportioned among said States in the proportion which said lands in each of said States bear to the total area of such lands in such States and that no contribution from the States shall be required in the expenditure thereof. The funds which the bill would authorize to be appropriated would make it possible to materially expedite the construction of the main roads across the vast areas embraced in Federal reservations in a number of the States in the West. It has for some time been recognized as very desirable that some means be found for hastening the completion of the main roads which cross these Federal reservations in States whose resources are limited and which derive very little direct benefit from the construction of the roads across lands owned by the Federal Government. The object of the bill, no doubt, is to provide funds for that purpose. It is the view of the department that the appropriations which the bill would authorize are very desirable for the purposes specified therein. Prior to receipt of the committee's request for report on this bill, there had been received a like request for report on S. 3184 which would authorize the appropriation of similar amounts for like purposes. However, there is some difference in the language used in the first paragraph of section 1 of the two bills and it is believed that the phraseology of S. 3674 is preferable from the standpoint of practical operation, having in mind the provisions of the Federal highway act and other statutes which would govern the expenditure of the funds. In accordance with Circular No. 49, Bureau of the Budget, a copy of the department's report on S. 3184 was referred to that bureau and was returned with letter of March 23, 1928, by General Lord. A copy of the letter from General Lord is inclosed herewith, as he no doubt would have the same views with respect to S. 3674 since it relates to the same subject matter and would authorize the same appropriation. Sincerely, W. M. JARDINE, Secretary. Senator ODDIE. Mr. Chairman, my colleague, Senator Pittman, has also introduced a bill providing for maintenance and would like an opportunity of being heard on it. The CHAIRMAN. The next is Docket No. 26, the bill introduced by Senator Walsh, of Montana, S. 1804. (The bill referred to is as follows:) [S. 1804, Seventieth Congress, first session] A BILL Concerning the application of certain provisions of section 21 of the Federal highway act of November 9, 1921 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso at the end of section 21 of the Federal highway act, approved November 9, 1921, which requires that any amount of Federal funds apportioned to any State under the provisions of said act shall remain unexpended at the end of the period during which it is available for expenditure under said section shall be reapportioned within sixty days thereafter to all the States in the same manner and on the same basis as if it were being apportioned thereunder for the first time shall not apply to such portion of the sum apportioned to the State of Montana from the appropriations made for the fiscal years ending June 30, 1924, and June 30, 1925, respectively, as may remain unexpended on June 30, 1926, and on June 30, 1927, respectively, the dates on which will expire the period during which the funds apportioned for the fiscal years 1924 and 1925, respectively, are available for expenditure; and the portion of the sum apportioned to Montana for said fiscal year 1924 which shall remain unexpended on June 30, 1926, and the portion of the sum apportioned to Montana for the fiscal year 1925 which shall remain unexpended on June 30, 1927, or such amount thereof as the Secretary of Agriculture may deem necessary, shall be expended by the Secretary of Agriculture in the construction of the road from Red Lodge, Montana, through the Beartooth National Forest and the Shoshone National Forest and Cooke City, State of Montana, so as to connect with the existing highway into the Yellowstone National Park, leading to said town of Cooke City. The CHAIRMAN. Are there any persons present who wish to be heard in advocacy of this bill? Mr. WILLIAM P. SIDLEY. No, Mr. Chairman. We would like to be heard as opposed to it. Mr. Frederick K. Copeland is with me. The CHAIRMAN. Senator Kendrick wishes to be heard on this bill also. While waiting for the Senators to appear the Chair will put into the record at this point a letter from the Secretary of Agriculture making an adverse report on the measure, and also the statement of the Director of the Budget that the proposal is in conflict with the financial program of the President. (The letter and statement referred to and submitted by the chairman are as follows:) Hon. GEORGE H. MOSES, Chairman Committee on Post Offices and Post Roads, MARCH 3, 1928. United States Senate. DEAR SENATOR: Further reference is made to letter of January 4 from the clerk to your committee, transmitting a copy of S. 1804 for the information of the department and such suggestions concerning the subject matter of the bill as the department might wish to make. This bill refers to the proviso at the end of section 21 (3d paragraph) of the Federal highway act of November 9, 1921, which reads as follows: "That any amount apportioned under the provisions of this act unexpended at the end of the period during which it is available for expenditure under the terms of this section shall be reapportioned within 60 days thereafter to all the States in the same manner and on the same basis, and certified to the Secretary of the Treasury and the State highway departments in the same way as if it were being apportioned under this act for the first time." The purpose of the bill is to make the above-quoted provision to not apply to any of the Federal funds apportioned to the State of Montana for the fiscal years which ended on June 30, 1924, and June 30, 1925, respectively, which may have remained unexpended on the dates (June 30, 1926, and June 30, 1927, respectively) on which the period of availability for funds apportioned for those fiscal years expired. The bill further would provide that any such funds so remaining unexpended or so much thereof as the Secretary of Agriculture may deem necessary shall be expended by the Secretary of Agriculture in the construction of the road from Red Lodge, Mont., through the Beartooth National Forest and the Shoshone National Forest and Cooke City, State of Montana, so as to connect with the existing highway into the Yellowstone National Park, leading to said town of Cooke City. The appropriation acts of February 26, 1923 (42 Stat. 1321) and June 5, 1924 (43 Stat. 460), which provide for the apportionment among the States of the appropriations authorized for road construction for the fiscal years ending June 30, 1924, and June 30, 1925, respectively, both contain the following proviso: "That the Secretary of Agriculture shall act upon projects submitted to him under his apportionment of this authorization and his approval of any such project within three years shall be deemed a contractual obligation of the Federal Government for the payment of its proportional contribution thereto." In accordance with the authority so given, all the Federal funds apportioned to Montana for the fiscal years 1924 and 1925 were obligated by project agreements entered into between this department and the State of Montana before the expiration of the periods ending, respectively, June 30, 1926, and June 30, 1927, during/which the funds so apportioned continued available for expenditure. If any of said funds had remained unexpended at the expiration of either of the periods named, it would have been the duty of the department, within 60 days thereafter, to have reapportioned the amount so remaining among all the States, as required by ne proviso at the end of section 21 (3d paragraph) of the Federal highway act. Under the circumstances, therefore, the bill would be inoperative if enacted into law since there would be no funds to which it could properly apply. Furthermore, the bill would constitute a departure from the wise policy heretofore followed by Congress of enacting only general legislation respecting the Federal-aid road funds. For the reasons above given, the department would recommend against favorable action in this bill. Attention may be called to a clerical error in line 6, page 1, of the bill as printed: Either the word "which" should be inserted after "act" or else the words "shall remain" should be omitted. Sincerely, W. M. JARDINE, Secretary. Submitted to the Bureau of the Budget, pursuant to Circular No. 49 of that Bureau, and returned to the Department of Agriculture under date of March 2, 1928, with the advice that the legislation proposed in S. 1804 would be in conflict with the financial program of the President. The CHAIRMAN. There will also be printed in the record at this point certain material filed with the chairman by Senator Warren of Wyoming in opposition to the bill, and also certain telegrams sent to Senator Kendrick and by him filed with the committee, all in opposition. (The correspondence referred to and submitted by the chairman is as follows:) Hon. GEORGE H. MOSES, UNITED STATES SENATE, COMMITTEE ON APPROPRIATIONS, Washington, D. C., March 28, 1928. Chairman Committee on Post Offices and Post Roads, United States Senate. MY DEAR SENATOR: I desire to place in your hands for the consideration of your committee the inclosed material submitted to me by Montana and Wyoming citizens who oppose the construction of the proposed highway from Red Lodge to Cooke City, Mont., as covered in the pending Walsh and Leavitt bills. The matter is of as much interest to Wyoming as it is to Montana-even more so if mileage alone should be considered. I understand that your committee is to have a hearing on March 30, upon the Walsh and other pending road measures, and, learning that Wyoming people interested have not been notified of such fact, it is hardly probable that notice at this late date could be given so that citizens might reach Washington in time for the hearing. For that reason I am asking you to consider this inclosure as representing the views of the people of Park County, Wyo., where Shoshone National Forest is located. Very sincerely yours, F. E. WARREN. RESOLUTIONS OF CODY CLUB, CODY, WYO. Whereas H. R. 8294, introduced in the Seventieth Congress of the United States proposes the construction of a road from Cooke City, Mont. to Red Lodge, Mont., the Cody Club of Cody, Wyo. through its roads and transportation committee, desires to protest against the passage of said bill, for the following reasons: 1. The present roads leading to the three principal entrances to Yellowstone National Park should be made of standard highway construction before roads leading to new entrances to the park are built. 2. The greater portion of the proposed road lies in Wyoming, but so located as to almost preclude by natural barriers, any benefits to Wyoming by means of connections with Wyoming roads or its highway system. 3. Due to the location of the proposed road across the high plateau of Beartooth Mountain, reaching an altitude of nearly 11,000 feet, this road in an ordinary season could only be used from 60 to 90 days on account of snow conditions. 4. The proposed road does not follow one of the feasible routes for the transportation of ore from Cooke City, since the proposed location involves an adverse grade of some 4,500 feet which would make the cost of hauling ore practically prohibitive. 97823-28- -2 5. The cost of maintenance would be unusually heavy and doubtless a large part of this expense would necessarily be charged against Wyoming roads. 6. The proposed road would be of very little, if any, use to ranchers living along the Clark Fork River, nor would it serve to develop the livestock, timber, and mineral resources of the Clark Fork River region. 7. The benefits to be derived from a short season of tourist travel do not justify the high initial cost of construction and the heavy yearly maintenance charges required for the construction and operation of the proposed road; and Whereas the attitude of the Cody Club is unchanged from that expressed in its resolutions of November 7, 1927, in which the need for improvement of the road leading from Cody, Wyo., to the east entrance of Yellowstone Park was set forth, it is, however, the contention of the club that whenever a road is built to serve Cooke City and as an entrance to the northeast corner of Yellowstone National Park, it can also serve the entire upper Clark Fork region by following a much more practicable route down the Clark Fork River from Cooke City, through the lower end of Sunlight Basin and through the Clark Fork Canyon to join the Black and White Trail leading from Cody northerly into Montana. In support of this contention the following reasons are submitted: 1. This route would provide a ready connection with the highway systems of both Wyoming and Montana. 2. The direct distance along the Clarks Fork River from Cooke City to the lower terminus of this route is approximately 45 miles. This would be somewhat increased in the location of the road, although not materially. The distance from Cody to the lower terminus of the route is 28 miles which point is nearly midway between Cody, Wyo., and Red Lodge, Mont. 3. This location would avoid high altitudes and could be used for the greater portion of the year. The lower half of the route would provide a year-round road for use of ranchers and for transportation of mail to Painter and Crandall post offices. 4. This route would encounter a comparative small amount of adverse grade from Cooke City and would provide an outlet for Cooke City ore and also for the development of sulphur deposits and ore on Sunlight Creek, a tributary of the Clarks Fork River. 5. This route would be of use in the administration of the Shoshone National Forest and would provide a transportation outlet for 2,000,000,000 feet of merchantable timber. 6. This route would be unsurpassed in scenic attraction by that of any other route, present or proposed, in this section of the Rocky Mountain region. Therefore be it Resolved, That in view of the reasons above set forth, the Cody Club, through its road and transportation committee, does hereby protest against the construction of the road from Red Lodge, Mont., to Cooke City, Mont., as set forth in H. R. 8294; be it further Resolved, That a copy of these resolutions be sent to Hon. Francis E. Warren United States Senator, Hon. John B. Kendrick, United States Senator, and Hon. Charles E. Winter, United States Congressman. In further support of the statements set forth in the preceding paragraphs, we the undersigned hereby make affidavit that the statements herein contained are true to the best of our knowledge and belief. STATE OF WYOMING, ROADS AND TRANSPORTATION COMMITTEE, CODY CLUB. Howard F. BELL, Chairman Roads and Transportation Committee. J. M. SCHWOOB. R. W. ALLEN. County of Park, ss: Sworn to and subscribed before me, a notary public in and for the State of Wyoming, this 30th day of March, A. D. 1928. [SEAL.] R. O. LARSON, Notary Public. DEAR SIR: Respectfully directing your attention to the attached report by Bureau of Public Roads and Forest Service engineers Kitt and Thieme, on surveys of various routes to connect Cooke City, Mont., with a railhead and |