Page images
PDF
EPUB

Mr. T. J. SMYTH (Office, Chief of Naval Operations). The Navy does not object to the Ullman amendment in principle, Mr. Chairman. We do desire to make some minor language changes in order to insure that the Federal Government will incur no expense.

Senator STENNIS. All right. But you accept the substance of the Ullman amendment?

Mr. SMYTH. Yes, sir.

Senator STENNIS. All right.

You have something else to say?

Mr. MALLICOAT. We will be happy to answer any questions you may have.

Senator STENNIS. Well, it seems to me as though the hare and hound have lain down together. I do not see anything to have a controversy over.

Mr. MALLICOAT. Thank you, sir.

Senator STENNIS. Thank you very much. We appreciate your coming here and we appreciate your waiting, too. Sorry we could not have gotten to you earlier.

STATEMENT OF HON. AL ULLMAN, A REPRESENTATIVE IN CONGRESS FROM THE SECOND CONGRESSIONAL DISTRICT OF THE STATE OF OREGON

Mr. ULLMAN. Mr. Chairman and members of the subcommittee, first let me express my appreciation for this opportunity to present testimony to you regarding the amendment to H.R. 10777 offered by my colleagues, Senator Morse and Senator Lusk. It is my understanding that the detailed explanation of the proposal being considered is to be presented by representatives of the State of Oregon, so I will limit myself to a very brief statement regarding the specific further changes I recommended in my letter of April 4 to the chairman.

As I pointed out in that letter, the lands comprising the present Boardman Bombing Range consist in part of lands acquired by the Federal Government and in part of lands which are in the public domain. This latter part amounts to 37,320.31 acres. As you gentlemen know, different laws govern these different classes of Federal land. Not only do the procedures for disposition of public domain land differ from those governing acquired land, but revenues from the use and disposition of public domain land are earmarked for specific purposes under existing land laws. Because of this, the public in general and the public land States in particular have a specific and vested interest in the public domain.

Following discussion with Chairman Aspinall of the House Interior and Insular Affairs Committee and with that committee's staff, I suggested to you the inclusion of additional language in this proposed amendment which, in our opinion, is necessary to protect the special interest of the public in public domain land. This additional language would provide that land furnished by the State of Oregon to the Federal Government in exchange for that part of the present Boardman Bombing Range which consists of public domain land would itself acquire the status of public domain land. The purpose of the suggested additional language is to insure that the Govern

ment's holding of public domain land and the presently vested public interest in such land would not be adversely affected by the exchange proposed.

As I have indicated, I feel that this clarification of the exchange is essential to protect existing vested interests in our public domain land. As such, I think it is a point of importance to Oregon as a public land State and to the Nation at large. With the inclusion of provisions on this point, I fully endorse the proposal for an exchange. I have long called attention to the growing industrial potential of eastern Oregon. The continued development of the resources of the Columbia River, such as that exemplified by the John Day project now under construction, adds immeasurably to that potential.

It seems to me that this proposed exchange is in full accord with the principle of the highest and best use of our land resources and that the economic good of the area and of our Nation calls for the transfer of this very substantial acreage from use as a bombing range to availability for industrial development. The proposal insures substitute facilities to the Defense Department for its necessary training program and it insures an exchange in terms of fair value so as to protect the interest of the Nation in its land property. With the addition of my suggested provisions to insure protection of the specific public interest in public domain land, I hope that you will give this amendment careful and favorable consideration.

Thank you.

(NOTE. The following letters from Senator Wayne Morse enclosing a letter from Mr. Chick Chaloupka, and a memorandum from Mr. Forrest E. Cooper, are hereby made a part of the record at this point :)

Hon. JOHN STENNIS,

Chairman, Subcommittee on Military Construction,
Committee on Armed Services, U.S. Senate.

APRIL 29, 1960.

DEAR JOHN: Enclosed is a letter dated April 27 addressed to me by Mr. Chick Chaloupka, attorney at law, of Lake County, Oreg., supplying certain comments with respect to the Morse-Lusk amendment, H.R. 10777, to authorize an exchange of the Boardman Bombing Range lands.

Mr. Chaloupka presents the views of Lake County, Oreg., and I respectfully request that they be given careful consideration and that they be included in the hearing record relative to the Morse-Lusk amendment to H.R. 10777. With best personal regards,

Sincerely,

WAYNE MORSE.

LAKEVIEW, OREG., April 27, 1960.

Re: proposal of the County Court of Lake County, Oreg., and Lake County
Chamber of Commerce in support of amendments to H.R. 10777.
Hon. WAYNE L. MORSE,

U.S. Senate, Washington, D.C.

DEAR SENATOR MORSE: There is before the U.S. Senate House bill 10777, pending military construction bill, to which there is attached the Morse-Lusk amendment, the purpose of which is to expedite the Navy Department exchange of the Boardman Bombing Range for certain lands located in Lake County, Oreg.

The State of Oregon has, through its duly authorized officials, expressed a desire to acquire the Boardman Bombing Range as a proposed industrial site for industries they seek to bring to Oregon.

The proponents in this brief have no objection or quarrel with the desirability of bringing industry to Oregon; however, in order to protect Lake County,

Öreg, its livestock industry and its tax structure, we feel it necessary that certain limitations and safeguards should be included in such exchange, in order that the economic impact of taking these lands out of Lake County, Oreg., be held to a minimum.

The proponents of this brief propose that two additional amendments should be added to H.R. 10777, these amendments being (1) to limit the acquisition by the Navy Department of lands within Lake County, Oreg., to no more than 96,000 acres (that being the present acreage involved in their Boardman Bombing Range) and (2) to further provide that if and when said lands are no longer used by the Navy for any purpose whatsoever, the same be returned to the jurisdiction of the Bureau of Land Management and used for grazing purposes under the Taylor Grazing Act.

In connection with this proposal, it is to be pointed out that the Navy is now apparently well satisfied with the area of 96,000 acres in the Boardman vicinity. It is further pointed out that based upon information on hand, the evaluation will probably run on an acreage basis three times the value of the Lake County lands, so that in order for the State of Oregon to acquire all of the Boardman Range without the payment of money, it would be necessary to offer three times the acreage of State lands for such exchange. This would practically eliminate the grazing of public lands within Lake County, Oreg., if the total area were taken from Lake County.

Accurate information on the proposals of the State of Oregon have not been made available to the proponents in this brief, but a reliable source has advised that the State is now thinking in the terms of in excess of 125,000 acres as a proposed bombing range in Lake County, Oreg. This would do irreparable damage to the livestock industry and the economy of Lake County. Out of the annual income of Lake County, Oreg., approximately 30 percent thereof comes from the livestock industry. Lake County is presently owned approximately 64 percent by the Federal Government, so that the tax burden falls with a heavy hand upon the privately owned property. Elimination of the State school lands from Lake County, Oreg., will result in the following:

(a) Any possibility of these State lands coming upon the tax rolls of Lake County, Oreg., will be extinguished.

(b) The number of livestock which can be grazed upon public domain by animal-unit months in existence upon the State lands will be drastically reduced. (c) The period of use resulting from blocking and exchanging of State lands for the use of Bureau of Land Management lands by private livestock operations will be seriously hampered.

(d) Livestock operations will necessarily be reduced, thus further reducing the tax base for the support of county and school district needs.

As a solution to the problem confronting the State of Oregon and Lake County, the following specific proposals are suggested: (1) that the Navy be limited to the taking of 96,000 acres in Lake County, Oreg., as an absolute maximum; (2) that only the portion of the present bombing range that can be utilized for industrial sites, and excluding the areas now worthless because of live bombs, that is of equal value with the 96,000 acres in Lake County, shall be received by the State of Oregon, and that the balance thereof shall be retained by the Federal Government and made available for the purposes of industrial installations within the State of Oregon when and if needed; and (3) that when and if the Navy no longer needs the areas within Lake County, Oreg., for bombing purposes, that the same become subject to the administration of the Bureau of Land Management under the Taylor Grazing Act.

Because of the time factor it is impossible for the proponents to develop the foregoing arguments at greater length. But we feel that sufficient information has been furnished herewith to adequately point up the problems confronted by Lake County in connection with the Boardman exchange and that from this information the proper safeguards can be written into the proposed legislation, H.R. 10777.

Respectfully submitted.

[blocks in formation]
[ocr errors][merged small]

Hon. JOHN STENNIS, Chairman, Subcommittee on Military Construction, Committee on Armed Services, U.S. Senate.

DEAR JOHN: Enclosed is a memorandum prepared by Mr. Forrest E. Cooper, attorney at law, of Lakeview, Oreg., setting forth eight proposed amendments to the Morse-Lusk amendment to H.R. 10777.

I respectfully request that the enclosed amendments be given careful consideration by the subcommittee and that they be included in the hearing record relative to the above-mentioned Morse-Lusk amendment.

With best personal regards,

Sincerely,

WAYNE MORSE.

SENATORS MORSE AND

PROPOSED AMENDMENTS TO AMENDMENT PROPOSED BY
LUSK ON APRIL 1 TO H.R. 10777, THE PENDING MILITARY CONSTRUCTION
BILL

The purpose of the Morse-Lusk amendment would be to pave the way for the Navy to exchange the Boardman Bombing Range for a bombing range to be supplied elsewhere in the State of Oregon by the State of Oregon.

Proposed amendment No. 1.-That if the area so acquired from the State of Oregon in exchange for the Boardman Bombing Range which at the time of its acquisition be located within the exterior boundaries of a grazing district heretofor created pursuant to the act of June 28, 1934 (Taylor Grazing Act), said military reservation if and when abandoned by the Navy, shall be transferred without consideration to the public land inventory of the United States and thereafter administered pursuant to said act of June 28, 1934, as amended, and other land laws applicable thereto.

Proposed amendment No. 2.—It shall be the duty of the Navy Department in event of such an exchange to immediately determine whether or not it will permit livestock to graze upon any or all of said military reservation, and if its decision is in the affirmative, it shall reduce its decision to writing, add thereto its rules and regulations relating to the seasons and place of use and transmit the same to the district manager of said grazing district within which the said military reservation shall be established and said district manager and advisory board of said district shall administer said grazing resources in conformity with the said rules and regulations of the Navy and in conformity with any amendments and limitations thereafter imposed by the Navy, if any, and in accordance with the act of June 28, 1934, as amended, with due regard to any and all grazing privileges and priorities attached thereto which may be exercised pursuant to said act of June 28, 1934, immediately prior to the acquisition of any portion of said lands to be conveyed by the State of Oregon to the Navy, at the time of their acquisition.

Proposed amendment No. 3.-That the Bureau of Land Management in the course of its administration of the grazing resources that may be made available from time to time by the Navy within the exterior boundaries of said proposed military reservation shall make provision for the supply of forage either within or without said military reservation in lieu of forage which otherwise might be lost by existing lessee from the State of Oregon within the exterior boundaries of the reservation or which otherwise might be lost through the acquisition by the United States of a possessory title to land located within the exterior boundaries of the reservation which lands are the quid pro quo for existing exchange of use agreements by the owners of said private property and the Bureau of Land Management. Provided further, that in the event the State of Oregon acting pursuant to this act shall exchange to the United States of America, by and through the Bureau of Land Management pursuant to section 8 of the act of June 28, 1934, real property for the purpose of blocking up an area within the State of Oregon for the purpose of exchanging the same to the U.S. Navy in exchange for the Boardman Bombing Range as herein provided, and said State-owned tracts at the time of said exchange are leased to stockmen for grazing purposes, it shall be the duty of the Bureau of Land Management to provide said lessees with range of like value in lieu thereof in or about their existing Taylor grazing allotments at the same grazing fees charged in said grazing districts for grazing permits issued pursuant to

section 3 of the act of June 28, 1934. Such grazing privileges issued pursuant hereto have class I priority status.

Proposed amendment No. 4.-The Navy is hereby authorized to acquire from the State of Oregon a contiguous tract of real property not exceeding 96,000 acres. In the absence of a national emergency, hereafter decreed to be such by the President, a request for an increase in the size of said military reservation shall be contingent upon the advice and consent of the legislature of the State of Oregon.

Proposed amendment No. 5.-Nothing herein contained shall be construed as an express or implied amendment of Public Law 85-337; 72 Stat. 27 enacted February 28, 1958. Any and all requests of the Navy, if any, to hereafter extend the exterior boundaries of said military reservation to be acquired from the State of Oregon as herein provided shall in addition to any other procedures herein provided be processeed in accordance with the provisions of said Public Law 85-337 in the event any such requisite shall embrace more than 5,000 acres of public land, water, or land and water area as defined in said act.

Proposed amendment No. 6.—All grazing fees to be paid for the grazing of livestock within the boundaries of said military reservation shall be due and payable to the Bureau of Land Management and shall be covered into the Treasury in the same manner as grazing fees now paid said agency for class 1 grazing licenses.

Proposed amendment No. 7.—Any Taylor grazing permittee having or claiming to have grazing privileges pursuant to the act of June 28, 1934, within the exterior boundaries of any lands that the State of Oregon may acquire pursuant to section 8 of said act for the purpose of exchange to the Navy as herein provided, whose claim or claims are in course of appeal to the Director or to the Secretary of the Interior or whose claims may be hereafter appealed, shall not have any such claim prejudiced by reason of the Navy's acquisition of his existing area of use and the status quo of said permittee shall be maintained by the Bureau of Land Management and the Secretary until his claim or claims have been adjudicated and any such person shall be dealt with as provided in amendment No. 3 above.

Proposed amendment No. 8.-The Navy shall not acquire from any property owner within Lake County, Oreg., other than the State of Oregon, an estate in any tract of real property greater than a 10-year lease.

Senator STENNIS. The next item here is Naval Air Station at Lemoore, Calif.

Mr. McGanney, you are here representing the Southern Pacific Pipe Lines, is that right?

Mr. McGANNEY. That is correct, sir.

Senator STENNIS. Do you have a prepared statement, sir?

Mr. McGANNEY. I do.

Senator STENNIS. Do you wish to read it, do you wish to insert it in the record and summarize it and emphasize your highpoints?

Mr. McGANNEY. I would like to read it. It is short, Mr. Chairman. Senator STENNIS. All right.

STATEMENT OF D. J. McGANNEY, PRESIDENT, SOUTHERN PACIFIC PIPE LINES, INC., SAN FRANCISCO, CALIF.

Mr. McGANNEY. My name is D. J. McGanney. I am president of Southern Pacific Pipe Lines, Inc., 65 Market Street, San Francisco, Calif.

The company which I represent is incorporated in the State of Delaware and has constructed, maintains, and operates common carrier petroleum products pipelines in California, Arizona, New Mexico, Texas, and Nevada. Southern Pacific Pipe Lines, Inc. is affiliated with and wholly owned by Southern Pacific Co. At the present time we operate 1,410 miles of pipelines. Gathering lines connect our in

« PreviousContinue »