ducted cooperatively by the city, county and Federal Governments. In fact the studies have assigned other than commercial use to the land in question. 3. The need for commercial development in the area is well served by what is known as the Cole Shopping Center which lies just to the southwest of the Veterans Administration Center. It is understood that under the present proposed transaction no public hearing or zoning will be required to establish commercial development of the land in question. I, therefore, wish to register my opposition to the proposed transaction and would appreciate your investigation of the matter. Sincerely yours, Hon. GALE MCGEE, OTTO T. KUEHster. STATE OF WYOMING, U.S. Senate, Senate Office Building, Washington, D.C. DEAR GALE: I would like to go on record as opposing the transfer of the socalled Parcel D to anyone that intends to use it for a commercial venture. I refer to that portion of vacant land adjacent to the Veterans Hospital here in Cheyenne. There are many very fine Cheyenne homes located within a six or eight block area just south of this location. I live in one of these homes and I think it would be detrimental to the area if the property was used for anything but educational, recreational, or cultural activities. There already exists a modern rather complete shopping center just at the west of the Veterans Hospital, and I certainly think this is adequate. Sincerely yours, WILLIAM M. MURRAY. Senator GALE MCGEE, CHEYENNE LITTLE THEATRE PLAYERS, Senate Office Building, Washington, D.C. SIR: The Cheyenne Little Theatre Players was fortunate to obtain land once owned by the federal government and restricted in use. As a consequence, we have been able to construct the first theatre built by an amateur group in the state of Wyoming. We have been able to expand our services and provide additional recreational and cultural opportunities for the citizens of Cheyenne. This land is adjacent to the VA tract "D" now under discussion. We wholeheartedly support the return of this land to the city for continued development of recreational, cultural, and/or educational facilities. Your consideration of our views is greatly appreciated. Sincerely, THEODORE L. B. GLOECKLER, President. CHEYENNE, Wyo., March 27, 1969. Hon. GALE MCGEE, U.S. Senate, Washington, D.C. DEAR GALE: I want to convey my thanks to you for your immediate attention and actions taken regarding the transfer of the Veterans Administration land directly east of the Veterans Hospital in Cheyenne. I am sure that this area will be more of a benefit to our city as well as the state for the purposes of recreation and cultural area. I know you will follow and watch closely the legislation proposed to return this tract of land to the city to be used for the above purposes. Thanks again for your interest and consideration. Sincerely, MILTON E. NICHOLS. CHEYENNE, Wyo., March 29, 1969. Hon. GALE MCGEE, DEAR GALE: The Arts Council of Greater Cheyenne and Laramie County is the coordinating body for cultural activities in Cheyenne and Laramie County, Wyoming. In the monthly meeting of this Council, the Board of Trustees voted unanimously to write to you and urge your continued support of the concept that the land adjoining our Veterans' Administration Hospital and appearing on the General Services Administration's surplus list not be used for commercial purposes. It is our hope you can be successful in assisting us in having this property reconveyed to Cheyenne with the proviso its use be restricted to recreational and cultural purposes only as was originally intended for the land's use. We shall greatly appreciate any assistance you can give us in this situation. Respectfully, R. L. HUTT, President, Cheyenne Arts Council. CHEYENNE, Wyo., April 7, 1969. DEAR SENATOR MCGEE: As citizens of Cheyenne, we strongly urge that the 28acre tract of land near the Veterans Hospital be returned to the City of Cheyenne for recreational facilities and nothing else. Mr. and Mrs. ARTHUR L. PUTNAM. CHEYENNE, Wyo., March 31, 1969. DEAR SENATOR MCGEE: I will appreciate your using your influence in urging the specification of the use of V.A. land to be returned to the City of Cheyenne for cultural or recreational use only. Sincerely, CAROL L. CHRISTENSEN. X-JWC CLUB, Cheyenne, Wyo., April 7, 1969. Senator GALE MCGEE, New Senate Office Building, Washington, D.C. DEAR SENATOR MCGEE: We, the members of X-JWC, a Federated Women's Club of Cheyenne, would like to go on record in support of the 28 acres adjoining the Veterans Hospital as an area to be designated for educational, recreational and cultural purposes in Cheyenne. We thank you for your efforts in this matter. Mrs. GEORGE S. KAUFMAN, S. 1366 Senator ALLEN. Senator Moss you are testifying with respect to S. 1366. TESTIMONY OF HON. FRANK E. MOSS, U.S. SENATOR FROM THE STATE OF UTAH Senator Moss. Yes, sir. Mr. Chairman, I appreciate this opportunity to explain to your subcommittee the purpose of S. 1366 and the series of events which led to 32-417-69-5 its introduction. This bill would release a reversion of title provision respecting 3.73 acres of a larger tract of land which was transferred to the Salt Lake City Corp. for a mountainside park by the United States on November 15, 1961. "" SYMBOLIZES UNIVERSITY OF UTAH As long as I can remember, a large concrete block "U" has existed on a steep hillside overlooking Salt Lake City. The "U" is the symbol of the University of Utah-my alma mater. It came as a distinct surprise to me, therefore, and I am sure to most others, when it was announced in the fall of 1968 that the Alumni Association of the University of Utah could not rehabilitate and light the block "U" without permission of the Department of the Interior. It was ruled that such permission was necessary because the instrument of transfer which conveyed the land to the Salt Lake City Corp. provided that title would revert to the United States if the land was used for a purpose other than a public park. CONFLICTING OPINIONS When this restriction was announced, I urged the then Secretary of the Interior, Stewart L. Udall, to grant permission for the improvements. After much discussion, however, the Department took the position that renovating the "U" and installing lighting facilities for it would violate the terms of the instrument of transfer. This position was conveyed to me in a letter, dated November 29, 1968, and signed by Edward C. Crafts, who at that time was the Director of the Bureau of Outdoor Recreation. As my first exhibit, I ask that a copy of that letter be made a part of the hearing record. (The letter follows:) EXHIBIT 2 U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF OUTDOOR RECREATION, Washington, D.C., November 29, 1968. Hon. FRANK E. Moss, Washington, D.C. DEAR SENATOR Moss: This is in regard to your telephone conversation with Tim Monroe on Saturday, November 23, concerning the request from Salt Lake City Corporation to renovate and light the block “U” above the University campus. Because of your continued interest in this matter and our desire to make sure that an equitable decision has been made, we have reviewed the entire project within the Bureau. We note that the 1961 instrument of transfer conveying the property containing the block "U" to the Salt Lake City Corporation provides only for the use of such property for public park and recreational purposes. Under the terms of this instrument the Corporation agreed to utilize such property in accordance with the approved program as set forth in an isometric map which was part of the transfer agreement. We also note that no provision was made in this program for maintenance of the block "U." We have carefully reviewed the Corporation's proposal to renovate the block "I" and install permanent lighting facilities for it, and have determined it would not be in compliance with the terms of the instrument of transfer. It may also be of interest to you to know that Salt Lake City has not fully complied with certain requirements in the instrument of transfer. I note that Frank Sylvester, the Bureau's Regional Director in San Francisco, has already offered to assist Commissioner Conrad Harrison and his staff in complying with the requirements earlier set forth and agreed to. The appropriate personnel in our Washington office will also do all that we can to assist the City in this matter. If we may be of further service, please do not hesitate to contact the Bureau. Sincerely yours, EDWARD C. CRAFTS, Director. Senator Moss. After this ruling, I determined to seek a legislative solution and introduced on March 4, 1969, S. 1366 which simply would release the reverter provisions with respect to the small portion of the property which is the site of the block "U." A few weeks after the introduction of the bill, my colleague, Senator Bennett, asked the new administration of the Department of the Interior for an opinion on this matter. On May 26, 1969, Assistant Solicitor Raymond C. Coulter signed an opinion saying that, inasmuch as the "U" was on the tract at the time of the transfer, its existence is compatible with the terms and that illumination of the "U" would not change the land use. He further stated that he believed S. 1366 to be unnecessary. And I ask that a copy of the memorandum to Mr. Coulter directed to the Secretary of the Interior be made a part of the record at this point. Senator ALLEN. It will be inserted. (The memorandum follows :) EXHIBIT 3 U.S. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SOLICITOR, Washington, D.C., June 12, 1969. Hon. FRANK E. Moss, U.S. Senate, Washington, D.C. DEAR SENATOR Moss: Your letter of June 6, 1969, addressed to the Secretary has been referred to this office for reply. In accordance with your request there is enclosed a copy of the Solicitor's opinion with regard to illumination of the Block U by the University of Utah Alumni Association. Sincerely yours, RAYMOND C. COULTER, U.S. DEPARTMENT OF THE INTERIOR, MEMORANDUM To: Secretary. Subject: University of Utah's Block "U". In the attached letter, Senator Bennett asked you whether the University of Utah Alumni Association may illuminate the block "U" which is located on a hillside near the campus. The tract of land involved, consisting of 3.73 acres, was originally public domain. Many years ago it was made a part of the Fort Douglas military reservation. The reservation was later abandoned and in 1961 this particular tract was disposed of by the United States. as surplus property, to the Salt Lake City Corporation. The block "U" was situated on the tract at the time of the disposal and had been there for about 50 years. The existence was recognized at that time, together with the fact that it would continue to remain there indefinitely. The disposal was made by GSA through a deed which conveyed the land for public park and recreational purposes and which provided that title would revert to the United States, at its option, in the event of noncompliance with any of the terms and conditions of disposal. During the 20-year period in which the limiting conditions of the deed are in effect, the grantee may, at the discretion of the Secretary of the Interior (but subject to the disapproval of the Administrator of General Services) secure the release of any or all of the conditions. In the fall of 1968 the University Alumni Association inquired informally as to whether construction of illumination facilities would constitute a change of use within the contemplation of the deed and, if electrification would effect such a change, requested that the Secretary's consent be granted. No formal request was ever received and no formal reply was made. However, it was the Department s position that such illumination would not be compatible with the terms and conditions of the grant. To remove any ambiguity concerning the use rights of the land, Senator Moss introduced S. 1366, in the present Congress. If enacted, this bill would release the reverter provisions of the deed, thus permitting necessary construction without fear of reversion. In his letter of March 27, 1969, Senator Wallace F. Bennett suggested that the matter might be handled administratively without the need for legislation. Inasmuch as the "U" was on the tract at the time of the grant, it cannot now be said that its existence is incompatible with the terms of the grant. Mere illumination of the "U" would not change the use of the tract and therefore cannot be considered as incompatible to the grant. This being so, the pending legislation (copy attached) is unnecessary. It is therefore recommended that you sign the enclosed letter to Senator Bennett advising him that the matter will be disposed of administratively. RAYMOND C. COULTER, Deputy Solicitor. LEGISLATION REQUEST ONLY IF NECESSARY Senator Moss. As the subcommittee will understand, I do not wish to press for passage of a bill that is not needed. On the other hand, I would not want to see the proper maintenance of this Utah landmark jeopardized should the Solicitor or the Secretary sometime in the future take a view different from that of Mr. Coulter. So I ask the committee to exercise its judgment and report the bill to the full committee only if you believe it is needed to protect the Salt Lake City Corp. and the University of Utah in the use of this property. And I would like to submit it at that. PROPERTY DESCRIPTION I might explain, Mr. Chairman, that the block "U" is on a very steep hillside. And it is a very barren hillside. There is no growth on it at all. And it would never be used for a park in the sense that you could spread a blanket or even sit on that hillside. It is too steep. But the description of the park land does include much more level mountain land included in this steep park. However, the terms of the deed provided that, should the land ever be used for a purpose other than a park, the land would revert to the Federal Government. And that is what we were hung up on. I, of course, thought that we ought to get an administrative remedy, and I tried as long as and as hard as I could to do it. And then we sought the legislative remedy. So we just have two different interpre |