AUTHORIZING RESTOCKING, PROPAGATION, AND CONSERVATION OF GAME IN THE EGLIN FIELD RESERVATION MAY 18, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. BROOKS, from the Committee on Armed Services, submitted the following REPORT To accompany H. R. 2418] The Committee on Armed Services to whom was referred the bill (H. R. 2418) to authorize restocking, propagation, and conservation of game in the Eglin Field Reservation, having considered the same, report favorably thereon with amendments and recommend that the bill do pass. The amendments are as follows: Page 1, lines 3 to 10, strike out all of section 1 after the enacting clause and insert in lieu thereof the following: That the Secretary of the Air Force is hereby authorized to issue permits to individuals to take game on the Eglin Air Force Base Reservation and to collect reasonable fees in consideration for the issuance of such permits. Page 2, lines 1 and 2, strike out the words "previously collected" and insert in lieu thereof the following: now retained by the Air Force from moneys collected through the sale of game permits prior to the enactment of this Act. Page 2, line 10, after the word "been", insert the following: "or may hereafter be". The purpose of this legislation is to permit the Secretary of the Air Force to use funds collected through the sale of hunting and fishing permits on the Eglin Field Reservation for the purposes of restocking, propagation, and conservation of game and fish on the reservation. The Eglin Reservation consists of approximately one-half million acres of land comprising an exceptionally fine game and fishing area. Inasmuch as the reservation is the property of the Federal Government, it has been customary for the Air Force to permit hunting and fishing by individuals within the area, provided individuals desiring this privilege obtain permits issued by the Air Force for this purpose for a reasonable consideration. A fee of $2 per year has been charged in the past. It was originally contemplated that the money so collected in the form of fees received through the sale of game permits would be used by the Air Force for the purposes of restocking, propagation, and conservation of game and fish on the reservation. The Comptroller General has ruled, however, that the Air Force has authority to collect such fees but no authority to expend mor eys so collected for the purposes of restocking, propagation, and conservation. This legislation would permit moneys collected through the sale of game permits to be expended for the purposes originally intended. Fees of approximately $8,000 to $10,000 per year, representing 4,000 to 5,000 permits annually, have been collected thus far, and all or part of these moneys have been impounded by order of the Comptroller General. As originally introduced, H. R. 2418 would authorize and direct the Secretary of the Treasury to pay back to the Department of the Air Force all sums heretofore collected in fees and subsequently impounded. The committee, however, does not approve of this portion of the bill, inasmuch as the authority contained therein would constitute, in effect, an appropriation of funds. Accordingly, the bill has been amended by the deletion of the original section 1. Section 1, as amended, specifically authorizes the Secretary of the Air Force to issue game permits and to collect reasonable fees in consideration therefor. The committee deems it desirable that such authority be contained in the present legislation inasmuch as it has no knowledge of any other law granting the Secretary of the Air Force such authority at the present time. The amendment to section 2 will permit the use for the purposes intended of any funds remaining in the custody of the Air Force which may have been collected prior to the enactment of this act, as well as any funds hereafter collected through the issuance of game permits. The third amendment corrects a defect in section 3 wherein no provision was made in connection with sums collected in the future. It is believed that the enactment of this legislation will result in no additional cost to the Federal Government. The functions of patrolling and restocking the area would of necessity have to be performed by some other agency if not by the Department of the Air Force. Inasmuch as it will be necessary for the Department of the Air Force to maintain regular patrols throughout the area for reasons of safety, in connection with the use of the reservation as a proving ground, the discharge by these patrols of the incidental functions necessary for carrying out the purposes of this legislation will avoid the necessity for additional personnel, thereby eliminating the possibility of duplication and additional cost to the Government. Individuals to whom permits to take game on the Eglin Field Reservation are issued will be obliged to obtain such hunting and fishing licenses as may be required by the laws of the State of Florida until such time as the State cedes its exclusive jurisdiction in these matters over the area. A deed of cession whereby the State of Florida will cede the tract of land comprising the Eglin Air Force Base Reservation is now pending final action by the State. Upon the final execution of a deed of cession it will no longer be necessary for individuals whom the Air Force may permit to take game on the reservation to obtain State licenses for this purpose unless the deed of cession specifically reserves to the State the licensing power for these purposes. The proposed legislation has been coordinated with the Departments of the Army and Navy and no objection has been interposed by either Department or by the Department of the Air Force, as indicated in the attached letter from the Secretary of the Air Force which is hereby made a part of this report. Hon. CARL VINSON, DEPARTMENT OF THE AIR FORCE, Chairman, Committee on Armed Services, OFFICE OF THE SECRETARY, House of Representatives. DEAR MR. CHAIRMAN: Reference is made to your recent request to the Secretary of Defense for the views of the National Military Establishment with respect to H. R. 2418, Eighty-first Congress, a bill to authorize restocking, propagation, and conservation of game in the Eglin Field Reservation. The Secretary of Defense has delegated to this Department the responsibility for expressing the views of the National Military Establishment. The purpose of this bill is to authorize and direct the Secretary of the Treasury to pay to the Department of the Air Force funds collected by the Air Force at Eglin Field, Fla., for permits issued to individuals to take game on the Eglin Field Reservation, which funds were later impounded by order of the Comptroller General of the United States. The Department of the Interior, through the Fish and Wildlife Service, is responsible for assisting and cooperating with Federal, State, public. or private agencies, and organizations in the development, propagation, raising, and stocking of all species of wildlife (title 16, ch. 5A of the U. S. Code as amended Aug. 14, 1946 (ch. 989, 60 Stat. 1080)). The Department of the Air Force is of the opinion that legislation which has as its design the conservation and propagation of fish and wildlife on any Government-owned lands, whether they be Army, Navy, or Air Force, is worthy of favorable consideration by the Congress. Therefore, the Department of the Air Force interposes no objection to the enactment of H. R. 2418. The Department of the Air Force is unable at this time to estimate the effect of the enactment of this legislation on the expenditure of public funds. This proposed legislation has been coordinated with the Departments of the Army and the Navy in accordance with procedures prescribed by the Secretary of Defense for the coordination of such matters within the National Military Establishment. The Bureau of the Budget has advised that enactment of this legislation would not be in accord with the program of the President. Special legislation of this type would serve to establish an undesirable precedent for legislation relating to other areas under control of the Air Force and for other Government agencies having jurisdiction over similar wildlife areas. Moreover, the bill contains no provision whereby the Government would be reimbursed for the cost of administering the program, such as collecting fees and issuing permits. Sincerely O W. STUART SYMINGTON. AMENDING PUBLIC LAW 885, EIGHTIETH CONGRESS MAY 18, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. BROOKS, from the Committee on Armed Services, submitted the following REPORT [To accompany H. R. 3155] The Committee on Armed Services, to whom was referred the bill (H. R. 3155) to amend Public Law 885, Eightieth Congress, chapter 813, second session, having considered the same, report favorably thereon with an amendment and recommend that the bill, as amended, do pass. The amendment is as follows: Page 1, lines 7 and 8, strike out after the word "and" the following: "by adding to section 1, paragraph I, at the end of the paragraph" and insert in lieu thereof the following: "by inserting before the colon at the end of the first paragraph of section 1". The purpose of this legislation is to effect certain minor amendments to the language of Public Law 885 of the Eightieth Congress. These amendments are necessary to give effect to the intent of Congress in the implementation of that act. Public Law 885 of the Eightieth Congress authorized the Secretary of the Army to convey certain real property situated on Santa Rosa Island, Fla., to Okaloosa County, State of Florida, for recreational purposes. It provided that such conveyance was to be made upon payment by the county of a sum which shall be 50 percent of the fair value of the property conveyed, based upon the highest and best use of the property at the time it is offered for sale regardless of its former character or use, as determined by the Secretary, less such portion of the price originally paid by said county for said island, prior to its conveyance to the United States, as the Secretary shall determine to be fair and equitable. An appraisal of this property was made which resulted in a determination of fair value as being $2,500. Subsequent to enactment of Public Law 885, however, a question arose as to the interpretation of the words "based upon the highest H. Repts., 81-1, vol. 3- -87 |