Senator TYDINGS. Well, thank you very much, Mr. Parker. Only one possible question. As you know, I have introduced three bills, S. 1245, S. 1246 and S. 1247. The bill with which you are immediately concerned is S. 1246, but by nature they are companion bills. In S. 1245, which was the first bill I proposed, it sets forth a list of priorities which the Commissioners should consider in furtherance of the comprehensive plan for the National Capital and utilization of air space. That is found on pages 4, 5, and 6, and it reads, section 4(a), and I read line 11, page 4.

Section 4(a) The authority contained in section 3 shall be exercised by the Commissioners in furtherance of the Comprehensive Plan for the National Capital prepared pursuant to the National Capital Planning Act of 1952 and in the following order of priority.

The Commissioners shall determine (1) whether space is required for a municipal purpose, as authorized by subsection (a) of section 3, and if they determine it is so required in the comprehensive plan you are authorized to make use of it. Then it goes into housing and then into GSA, public or private development for low- and moderateincome housing, hospitals, welfare agencies, and then (6) business purposes. If you want to study this, you do not have to answer the question now. Would you have any reservation about a similar list of priorities appearing in S. 1246 as appears in S. 1245?

Mr. KOEHLER. I am John Koehler, counsel for Woodward & Lothrop department store, Mr. Chairman, and I think we definitely would have reservation. Because the earlier bill deals with space over and under freeways which I consider public land. This is private land. I would find it extremely difficult to envision low-cost housing between our north building and main building.

I have worked on this legislation for 2 years with the District people and the concept of dividing the legislation into three groups was that each would stand on its own feet. We are dealing in S. 1246 with what amounts to private property. If we use that concept it will be done with approval of the Zoning Commission, the Fine Arts Commission, and the National Capital Planning Commission, and so forth. If it is to be developed at all, it would be developed as private land and not for public utilization.

For instance, you will notice section 3 speaks about finding out whether or not the General Service Administration has any proposed use for it. Under those circumstances, I doubt seriously if Woodward & Lothrop would make it available.

Senator TYDINGS. Well, I do not see how it could really prevent your plans.

Mr. KOEHLER. No, I do not think it has any relevancy.

Senator TYDINGS. But I was interested in your view. Thank you very much, Mr. Parker.

Mr. PARKER. We did have some pictures to show, but we will not take up your time, and perhaps they could be placed in the record. Senator TYDINGS. We will be glad to put those in the record. (The pictures referred to follow :)

82-435 0-67-11

Mr. PARKER. We will leave those, and I thank you for your time. Senator TYDINGS. Thank you.

Mr. McGrath.

Mr. McGrath, let me incorporate your statement into the record in its entirety.

(The prepared statement of Mr. McGrath follows:)

STATEMENT OF DORN MCGRATH, DIRECTOR DIVISION OF METROPOLITAN AREA ANALYSIS, ON BEHALF OF PETER LEWIS, DEPUTY ASSISTANT SECRETARY FOR METROPOLITAN DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOP

MENT

Mr. Chairman and Members of the Committee, I am pleased to be here to present the views of the Department of Housing and Urban Development on the proposed legislation that would permit the development of airspace around freeways and other public right of ways within the District of Columbia. It is our view that these bills introduced by Senator Tydings are extremely important to the District. Our Nation's Capital can uniquely serve as a model to other cities in the country and a testimony to all its visitors of our national effort to make our cities beautiful as well as functional.

Senator Tydings has an outstanding record of consistent support to programs designed to help our cities. The Senator's sponsorship along with Congressman Reuss in 1966 of the Reuss-Tydings amendment to the Mass Transportation Act of 1964, for example was a significant contribution to the advancement of research and development of intraurban transportation systems.

It is my intention to discuss S. 1245 first and in some detail. The Department of Housing and Urban Development supports this proposed legislation authorizing the Commissioners of the District of Columbia to lease airspace above and below freeway rights-of-way. Reasons for this view are:

(1) It provides the governing body of the District with the opportunity to make more productive use of a limited and valuable resource-urban land. It gives the people of the District an opportunity to recoup some of the losses in revenue that inevitably occur when tax-paying property is removed from the tax roles and replaced with freeways; and it provides the District with the opportunity for multi-purpose development of a linear corridor through developed areas;

(2) It extends to the District Government a privilege that was granted by Congress to all States and their political subdvisions with the Federal Aid Highway Act of 1961. [Public Law 87-61, Title I, Sec. 104. (a), June 29, 1961, 75 Stat. 122].

(3) In the past freeways have all too often been accepted as devisive of the urban pattern-this particular bill would provide the opportunity for imaginative and creative planning to connect areas that might otherwise be physically separated; and

(4) It provides an opportunity for a more comprehensive and aesthetic treatment of urban highways, a treatment which could have beneficial effects on abutting properties as well as providing for a more interesting journey.

For the reasons stated above it is our belief that the proposed legislation will provide the people of the District with opportunities to benefit from the use of existing airspace and to plan more creatively for multi-purpose use for future highways.

The Department of Housing and Urban Development has taken an active interest in the multi-purpose and multi-agency planning of our nation's highways. Since 1961 we have undertaken studies with the Bureau of Public Roads for comprehensive transportation planning in urban areas in order to better relate transportation needs and urban needs. We have through our urban renewal programs fostered the concept of the multi-purpose use of urban land and urban facilities. In the City of Baltimore, for example, the Charles Center Urban Reneway Project utilized the airspace over a garage and street for a department store, resulting in a more efficient and aesthetic use of project land.