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VETERANS' ADMINISTRATION,

OFFICE OF THE ADMINISTRATOR OF VETERANS AFFAIRS,
Washington, D.C., July 9, 1969.

Hon. JOHN L. MCCLELLAN,

Chairman, Committee on Government Operations, U.S. Senate,
Washington, D.C.

DEAR MR. CHAIRMAN: This is in response to your request for a report on S. 1718, 91st Congress.

The bill proposes to authorize and direct the Administrator of General Services to convey to the city of Cheyenne, Wyoming, without monetary consideration, all right, title, and interest of the United States in and to a described tract of land of 28 acres, more or less, formerly a part of the tract of land comprising the Veterans Administration Center, Cheyenne, Wyoming.

In 1932 the city of Cheyenne donated to the Veterans Administration a tract of approximately 600 acres of land. We subsequently constructed a Center on the land which presently consists of a regional office and a 127-bed hospital with a preponderance of general, medical, and surgical patients. Pursuant to authority contained in the Act of June 29, 1948 (62 Stat. 1104), as amended by the Act of June 15, 1956 (70 Stat. 288), we conveyed without remuneration to the city of Cheyenne approximately 431 acres of the original tract. In accordance with P.L. 89-345 (Nov. 8, 1965), we conveyed without remuneration to the city of Cheyenne an additional 27 acres of our reservation.

In July of 1955, we reported approximately 90 acres of the reservation to the General Services Administration as excess to our needs. It is understood the 90 acres were subsequently determined to be surplus to the needs of the Government. We are advised that some 60 acres of this tract were conveyed by the General Services Administration to the city of Cheyenne, Wyoming, without consideration by deed dated February 19, 1959. The 28 acres, more or less, proposed to be conveyed by the bill is the remaining portion of the mentioned 90-acre tract. Our principal interest in S. 1718 is to assure that the land in question is not used by the city of Cheyenne in a manner inimical to the proper and effective operation of the nearby Veterans Administration Center. Accordingly, in order to protect the interest of the United States, it is recommended that the bill be amended as indicated in the attached draft. These amendments are in line with the protective provisions required by P.L. 89-345 mentioned above.

Since the land involved is under the jurisdiction and control of the Administrator of General Services and the bill provides for its conveyance by him, your Committee undoubtedly would be interested in his views on S. 1718.

Advice has been received from the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the Administration's program.

Sincerely,

DONALD E. JOHNSON,

Administrator.

Enclosure.

AMENDMENT TO S. 1718, 91ST CONGRESS

On page 3, after line 4 add a section to read as follows:

"SEC. 3. Any deed of conveyance made pursuant to this Act shall—

"(a) provide that the land conveyed shall be used in a manner that will not, in the judgment of the Administrator of Veterans' Affairs, or his designate, interfere with the care and treatment of patients in the Veterans' Administration Center, Cheyenne, Wyoming;

"(b) contain such additional terms, conditions, reservations, easements and restrictions as may be determined by the Administrator of General Services to be necessary to protect the interest of the United States;

"(c) provide that if the city of Cheyenne, Wyoming, violates any provision of the deed of conveyance, or alienates or attempts to alienate all or any part of the parcel so conveyed, title thereto shall revert to the United States; and that a

determination by the Administrator of General Services of any such violation or alienation or attempted alienation shall be final and conclusive; and

"(d) provide that in the event of such reversion, all improvements made by the city of Cheyenne, Wyoming, during its occupancy shall vest in the United States without payment of compensation therefor."

Senator ALLEN. Senator Stevens, since you are a member of the full committee won't you come forward and sit at the table with us?

We will place in the record at this point the statement of Senator

McGee on S. 1718.

STATEMENT OF HON. GALE W. McGEE, U.S. SENATOR FROM THE STATE OF WYOMING

Mr. Chairman, I appreciate the opportunity to appear before you and this subcommittee today in reference to S. 1718, a bill introduced by my colleague which would authorize the Administrator of the General Services Administration to convey, without consideration, certain land to the city of Cheyenne, Wyo.

Some members of this subcommittee and its staff, I am certain, are familiar with much of the background and details regarding this land. Originally, the city of Cheyenne conveyed a tract consisting of approximately 600 acres to the Federal Government for use by the Veterans Administration in the construction and operation of hospital facilities. The hospital and medical center were constructed, and it soon developed that the acreage originally conveyed in 1932 was far in excess of VA requirements. Throughout the years a major portion of the original 600-acre grant has been returned to the city of Cheyenne by means of several conveyances. Some of these conveyances were under general legislation for specific purposes, and some land was returned under special legislation with the use of the land to be made by the city of Cheyenne restricted by covenants in the deed of conveyance.

Mr. Chairman, the 30-acre tract involved in this hearing has been carried on surplus status to VA needs since 1955. It is obvious that this land is surplus to present and future Federal requirements, and I feel that the interest of all parties concerned would be served if this tract could be conveyed to the city of Cheyenne at the present time. Since this is part of the land which was donated to the Federal Government by the city of Cheyenne, it seems only fair that, now that it is not needed for Federal purposes, it should be reconveyed to the city without financial consideration. It would be inequitable for the Federal Government to require a monetary payment from the city of Cheyenne under these circumstances. This committee and the Congress have recognized this fact when prior legislation was considered and

enacted into law.

In 1965, Congress approved and President Johnson signed into law Public Law 89-345, which authorized a conveyance to the city of Cheyenne a 27-acre tract of land which comprised a portion of the original 600-acre tract. That law provided specifically that no monetary conideration would be required. With this recent precedent and under the circumstances which I have outlined, I believe this com mittee would be fully justified in authorizing this conveyance without payment being required from the city.

This land is in the vicinity of the present VA facilities in Cheyenne, and it might well be that the VA would request some type of restrictions on the use of this land in the future. This, also, was done in Public Law 89-345 in 1965.

Also, several people in Cheyenne have suggested that some restrictions be placed on the use of this property in the deed of conveyance to the city. Generally speaking, the suggested restrictions have been for the purpose of insuring that the property will be used for recreational, educational, or cultural activities. The suggested uses and restrictions would be wholly compatible with the continued operation of the VA medical center. For the benefit of this committee, I would like to offer for this record copies of letters I have received from several residents of Cheyenne in which these suggested uses and restrictions are discussed.

Mr. Chairman, again I want to thank you for allowing me to express my views on this pending legislation. I do hope that this committee and the Congress take expeditious action on this bill. Such favorable action would be most welcome by the city of Cheyenne, and the rights and interest of the Federal Government could be served and protected. (The letters referred to follow :)

EXHIBIT 1

CHEYENNE, WYo., March 13, 1969.

Hon. GALE W. MCGEE,

US Senate, Senate Office Building,
Washington, D.C.:

Regarding proposed trade of land under supervision of GSA between veterans hospital and East High School known as parcel D on Pershing Boulevard of approximately 29 acres.

Has been basic understanding for many years land would be only used for recreational, educational, or cultural purposes for all Cheyenne. Adjacent class A residential homeowners and Cheyenne citizens vehemently object to governmental agency privately transferring or trading this land for any other use than as prescribed in original concept without due notice and public hearing. We urgently request your office to inquire and ask for clarification of use of land by now unknown new prospective owners and delay progress of transaction. Harold Holmes, 2800 Olive Drive; Leornard Trebor, 2849 Deming Blvd.; John B. Daley, 2775 Deming Blvd.; Ed Krum, 2769 Deming Blvd.; Milt Nichol. S., 2698 Deming Blvd.; Dan Mosher, 809 Sun Valley Drive; Wally Reed, 2763 Deming Blvd.; Ray Wilson, 2857 Deming Blvd.; Gene Wright, 2903 Henderson Drive; Fred Baggs, 2737 Deming Blvd.; Bob Smith.

CHEYENNE, WYo., March 20, 1969.

Hon. GALE MCGEE,

Senate Office Building,

Washington, D.C.

DEAR SENATOR MCGEE: It is my understanding that there are negotiations underway for the transfer of some government land near the Veterans Administration Hospital in Cheyenne for some private land in Colorado. The land in Cheyenne would then be used as a location for a service station, hamburger stand and apartments.

I am opposed to the use of this land for commercial enterprises and I do not feel that the proposal is in the public interest.

Considerable time, effort, and money has been spent on two studies of landuse planning of Cheyenne and its environs. These are the "Guide for Growth" by the City and County Planning Board and the "Cheyenne Area Transportation

Planning Study", a study conducted in cooperation with the City, County, and Federal Government. Neither of these studies has indicated the need or contemplation of this land for commercial use. Its location, as you know, is near the hospital and next to a class-A residential area.

It would be appreciated if you could investigate this proposed transaction and register my opposition.

Very truly yours,

CHARLES M. WILLIAMS.

CHEYENNE, WYO., March 17, 1969.

Senator GALE W. MCGEE,
Senate Office Building,

Washington, D.C.

DEAR SENATOR MCGEE: Congratulations, belatedly, for a birthday today!— Postal Service Chairmanship!--Reassignment to Foreign Relations Committee and the appointment of Rod Crawlie as an assist. in the Post Office Dept. Red was on the U.S. faculty here when I taught; and I really respected him... one of the rare ones who prodded kids to be inquisitive.

And now I want to protest!

The Cheyenne papers last week (March 13 and 14) announced the possible transfer of the 28 acre tract of Federal land adjacent Veterans' Hospital (and across Pershing from our back yard! O?F?!) to private ownership for "real estate development." Further releases state that a discount store (K. Mart), a hamburger drive-in, and a service station will be located on the Pershing street side!

Our understanding has been that most of this land had been returned to the city for either recreational or educational development. What is the status of this land?

Of course we have our selfish objections: devalued property: a re-zoned for business neighborhood; increased congestion and noise; drive-in litter in the back yard; and the boys will have to find a new spot ideal for kite-flying. But we cannot see a need for these "Businesses." Cole shopping center is one block from this area complete with Henri's Drive-In and a service station. The present 3 Discount stores seem adequate harrassment for the downtown businesses.

The news releases indicated that the final decision (within 30 days) will be made by the Bureau of the Budget. We have written Denver GSA Administrator McNamara, Mayor Cox, Senator Hansen, Cong. Wold, and you. Are there other effective channels for directing our grievances on this “trading" of property?

We continue to follow your news releases with interest and approval . . . even your son's fiance . . . cute intelligent-looking girl.

I regret missing the World Affairs Conference here; but from discussions of both univ. students and older adults, I heard first-hand that your presentation was excellent.

Fond regards to Mrs. McGee, your family, and good ole Rod Crowlie.

Sincerely,

Mrs. KEN M. DAVIS.

WALTON MOTOR COMPANY, Cheyenne, Wyo., March 18, 1969.

Hon. GALE W. MCGEE,

U.S. Senator,

Senate Office Building,

Washington, D.C.

DEAR SENATOR MCGEE: This is relative to the tract of land adjacent to the Veterans Administration facilities here in Cheyenne, which is now being considered for transfer by the General Services Administration to private interests and on which it is my understanding you have had previous communication.

Since I am one of the property owners in the very near vicinity of this land. I am very definitely opposed to any transfer which would permit its use for any other purpose other than that for which it was originally intended, namely recreational, educational or cultural. If it were to be used for commercial purposes, as according to my understanding the proposed transfer would very likely allow, then I'm sure you will agree this would have a very serious effect on

the value of the surrounding property. Also it, of course, would prevent any further expansion for city parks, recreational, or school system purposes which are badly needed in this section of our city.

In view of the above, I will greatly appreciate any assistance you can give in preventing this very choice piece of land from being transferred to private interests which would permit its use for commercial purposes.

Thank you kindly for your consideration and with kind personal regards I am, Yours very truly,

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DEAR SENATOR MCGEE: Regarding land transfer in Cheyenne, Wyo., from G.S.A. to A. Bregman realtor Denver, Colorado, situated on northwest corner of Pershing Blvd. and Windmill Road, between Veterans Hospital and East High School, immediately adjacent to Class A residential neighborhood.

My home has been in the immediate vicinity of the above described land for the past seventeen years. This establishes me as one to make a legitimate complaint.

If this property is to be designated as a commercial development you are exposing a possible misrepresentation on the part of past officials and serious contentions by bankers and realtors, et al. Traditional authority exists that this property was to be used only for public or semi-public use.

The alleged owners are proceeding with applications for electrical installations, title insurance, etc. with the assurance of title and evident commitment on the part of some authoritative echelon of government.

This assumption of extraordinary prerogatives by government at any level jeopardizes all confidence a citizen might have in the fairness of officials to exercise good judgment. If elected or appointed servants of the people insist on enforcing their deliberations in an adverse manner to the present adjacent owners, then the burden of depreciating their property and failure to develop an excellent recreational and cultural area exists solely with the zoning and transfer officials. Other property for the use of these commercial activities exists with no eventual loss to the city from the standpoint of taxes, which at best in this type of enterprise is dubious. The homeowners in this immediate area have paid the city approximately one-half million dollars in taxes.

Immediate attention and a positive attitude on your part as to the disposition of this matter will be appreciated.

Very truly yours,

JOHN B. DALEY.

CHEYENNE, WYO., March 18, 1969.

Hon. GALE MCGEE,

Senate Office Building,

Washington, D.C.

DEAR SENATOR MCGEE: It has recently come to my attention that there are negotiations under way for the transfer of some Government land adjacent to the Veterans Administration Center in Cheyenne for some private land in Colorado. My further understanding is that the land is to be used for commercial purposes, such as a chain discount house, apartment complex, service station, and hamburger stand.

I am opposed to the use of this land for commercial enterprises as I feel such use is not in the public interest for the following reasons:

1. Use of adjacent land is not compatible to commercial use. The Veterans Administration Hospital is adjacent to the land in question on the west. One of the two high schools in Cheyenne is across the street to the east. A built-up class A residential area borders the area on the south.

2. The need or desirability of commercial development in the area is not shown in either a "Guide for Growth" study promoted by the City and County Planning Board or the "Cheyenne Area Transportation Planning Study" con

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