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AUTHORIZING THE PENNSYLVANIA RAILROAD CO., BY
MEANS OF AN OVERHEAD BRIDGE, TO CROSS NEW
YORK AVENUE NE, IN THE DISTRICT OF COLUMBIA

May 9, 1935.—Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. Parman, from the Committee on the District of Columbia, sub

mitted the following

REPORT

[To accompany H. R. 6656)

The Committee on the District of Columbia, to whom was referred the bill (H. R. 6656) to authorize the Pennsylvania Railroad Co., by means of an overhead bridge, to cross New York Avenue NE., in the District of Columbia, having considered the same, report the same favorably with amendments and recommend that the bill, as amended,

do pass.

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The committee amendments are as follows:

On page 2, strike out, in line 1, after the word “through” down to and including line 13, and insert in lieu thereof: square numbered 4105 along and adjacent to the existing main line tracks, thence into and through squares numbered 4104 and 4099, crossing New York Avenue by means of a suitable overhead bridge, thence to and through square S. 4099 and the parcels of land known and identified on the plat books of the surveyor's office of the District of Columbia as parcels 153/44, 143/25, 142/25, and 142/28, to and through the square known as and numbered 4038 (portions of which are included in parcel 142/28), 4093, south of 4093, and 4098, with all switches, crossings, turn-outs, extensions, spurs, and sidings as may be or become necessary for the development of the squares and parcels of land above indicated for such uses as may be permitted in the use district or districts in which said squares and parcels of land are now or may hereafter be included, as defined in the zoning regulations of the District of Columbia and shown in the official atlases of the Zoning Commission.

On page 2, at the end of line 23 insert the following:

The said railroad shall, when and as directed by the Commissioners of the District of Columbia, construct, at its entire cost and expense, an additional overhead bridge for the track hereby authorized to be established over such other street located between Montell Avenue and New York Avenue as such street

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may now or may hereafter be shown on the Plan of the Permanent System of Highways.

The purpose of this bill is to authorize the Pennsylvania Railroad Co. to furnish transportation service to an undeveloped tract of 35 acres, zoned as “second commercial.” The owners of the property requested the railroad company to furnish this facility, and the railroad company desires to furnish same in order to develop this tract, which it is claimed is the last tract of any size in the District of Columbia which can be reached by its lines. All expenses are to be borne by the railroad.

This bill has the approval of the Commissioners of the District of Columbia and the National Capital Park and Planning Commission, as per the following letters: EXECUTIVE OFFICE OF THE COMMISSIONERS OF THE

DISTRICT OF COLUMBIA,

Washington, D. C., April 22, 1935. Hon. MARY T. NORTON, Chairman House Committee of the District of Columbia,

House of Representatives, Washington, D. C. MY DEAR MRS. NORTON: The Commissioners of the District of Columbia have the honor to submit the following report on H. R. 6656, Seventy-fourth Congress, first session, entitled "A bill to authorize the Pennsylvania Railroad Co., by means of an overhead bridge, to cross New York Avenue NE., to extend, construct, maintain, and operate certain industrial sidetracks, and for other purposes", which you referred to them for report.

This bill has for its purpose the authorization of the Pennsylvania Railroad Co., operating lessee of all of the railroad and appurtenant properties of the Philadelphia, Baltimore & Washington Railroad Co. in the District of Columbia, to cross New York Avenue NE. by an overhead bridge, for the purpose of serving properties south of that avenue and thereby opening up a new industrial area.

The construction of such a bridge has been contemplated for several years, and a study in connection therewith has been made by experts employed by the National Capital Park and Planning Commission. The plan resulting from that study was approved. The present bill as now drawn does not meet with the requirements of the plan. However, if the bill is so amended as to properly describe the location of the crossing and to provide for an additional bridge for the track over a contemplated street, it does conform to the plan. It is, therefore, suggested that the bill be amended to read as follows:

Section 1, line 1, page 2, after the word “through", strike out the remainder of the section and substitute in lieu thereof the following: “square numbered 4105 along and adjacent to the existing main-line tracks, thence into and through squares numbered 4104 and 4099, crossing New York Avenue by means of a suitable overhead bridge, thence to and through square S. 4099 and the parcels of land known and identified on the plat books of the surveyor's office of the District of Columbia as parcels 153/44, 143/25, 142/25, and 142/29, to and through the squares known as and numbered 4038 (portions of which are included in parcel 142/28), 4093, south of 4093, and 4098, with all switches, crossings, turn-outs, extensions, spurs, and sidings as may be or become necessary for the development of the squares and parcels of land above indicated for such uses as may be permitted in the use district or districts in which said squares and parcels of land are now or may hereafter be included as defined in the zoning regulations of the District of Columbia and shown in the official atlases of the Zoning Commission.'

Add at the end of section 5, the following new sentence:

“The said railroad shall, when and as directed by the Commissioners of the District of Columbia, construct, at its entire cost and expense, an additional over. head bridge for the track hereby authorized to be established over such other street located between Montello Avenue and New York Avenue as such street may now or may hereafter be shown on the Plan of the Permanent System of Highways."

If the amendments suggested are adopted the Commissioners see no objection to the passage of this bill. Very respectfully,

President Board of Commissioners, District of Columbia.

NATIONAL CAPITAL PARK AND PLANNING COMMISSION,

Washington, D. c., April 19, 1986. Hon. MARY T. NORTON,

House of Representatives, Washington, D. C. MY DEAR MRs. NORTON: The National Capital Park and Planning Commission is in receipt of your letter of March 19, 1935, requesting the opinion of the Commission on H. R. 6656, a bill to authorize the Pennsylvania Railroad Co., by means of an overhead bridge, to cross New York Avenue NE., to extend, construct, maintain, and operate certain industrial sidetracks, and for other purposes.

The Commission is in sympathy with the purpose of this legislation, which is in accord with its plans for the development of Washington. It approves the bill and recommends that it be passed with the following amendments:

1. Strike out all of section 1, after the word “through” in line 1, page 2, and substitute the following: “square numbered 4105 along and adjacent to the existing main-line tracks, thence into and through squares numbered 4104 and 4099, crossing New York Avenue by means of a suitable overhead bridge, thence to and through square S. 4099 and the parcels of land known and identified on the plat books of the surveyor's office of the District of Columbia as parcels 153/44, 143/25, 142/25, and 142/28, to and through the squares known as and numbered 4038 (portions of which are included in parcel 142/28), 4093, south of 4093, and 4098, with all switches, crossings, turn-outs, extensions, spurs, and sidings as may be or become necessary for the development of the squares and parcels of land above indicated for such uses as may be permitted in the use district or districts in which said squares and parcels of land are now or may hereafter be included, as defined in the zoning regulations of the District of Columbia and shown in the official atlases of the Zoning Commission."

2. Add, at the end of section 3, the following sentence: The said railroad shall, when and as directed by the Commissioners of the District of Columbia, construct, at its entire cost and expense, an additional overhead bridge for the track hereby authorized to be established over such other street located between Montello Avenue and New York Avenue as such street may now or may hereafter be shown on the Plan of the Permanent System of Highways."

In connection with the Commission's studies for railroad and freight terminal facilities for Washington, a report was submitted to the Commission by its railroad consultant, Mr. William Heiser, on October 13, 1931. This report outlined a development quite similar to that now proposed in this bill. A copy of Mr. Heiser's report is enclosed.

Subsequently the Commission extended its studies to include the most desirable location for future highway crossings in the terminal yards specified in the Terminal Act of 1903. Mr. Heiser's final report, which was accepted by the Commission, recommended 2 highway crossings of the terminal yards in locations more favorable for traffic needs than the 3 originally proposed, and tied in the location of these crossings with the location for the siding into the property south of New York Avenue approximately as contemplated in H. R. 6656, as amended above.

The amendment recommended for section 1 revises the description used in the original bill for the location of the railroad sidetracks so that there will be no interference with any future terminal yard crossing. It further provides that the development of the land served by the railroad siding shall be in acordance with the zoning regulations and maps of the District of Columbia. Most of the land is now zoned for second commercial use, which it is understood permits all of the ises which the railroad expects to serve. If, however, conditions should change n the future, the amendment does not preclude the usual hearing of a petition by he owners of property for a change in zoning, nor does it preclude the granting r refusal of such a petition by the Zoning Commission, as may be in the public aterest.

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floods have occurred since the period of settlement. In addition to damage to land, there is great damage to harbors and shipping.

It is believed these floods warrant investigation with a view to determining flood-protective measures.

The bill has the approval of the War Department, with the suggested amendment given above, as evidenced by the following communication:

WAR DEPARTMENT,

Washington, D. C., May 3, 1935. Respectfully returned to the chairman of Committee on Flood Control, House of Representatives.

This Department is not aware of any objection to the enactment of House bill no. 7147, authorizing, a preliminary examination and survey of the San Gabriel and Los Angeles Rivers and their tributaries; to include

both drainage basins and their outlets, in Los Angeles County, Los Angeles, Calif., with a view to the controlling of floods. The bills should be amended, however, by striking out the words “and survey” in the first line.

GEO. H. DERN, Secretary of War.

1st Session

No. 841

PRELIMINARY EXAMINATION OF GAFFORD CREEK

ARK.

May 8, 1935.-Committed to the Committee of the Whole House on the state of

the Union and ordered to be printed

Mr. Wilson of Louisiana, from the Committee on Flood Control,

submitted the following

REPORT

(To accompany H. R. 7313]

The Committee on Flood Control, to whom was referred the bill (H. R. 7313) authorizing a preliminary examination of Gafford Creek, Ark., with a view to controlling, floods, having considered same, report thereon with the recommendation that it do pass.

Gafford Creek is a tributary to Fourche La Fave River, and rises in the mountains in the southwest part of Yell County, south of Bluffton, Ark. These mountains rise to the height of 1,500 feet and are approximately 1,150 feet above the plains of level land around Bluffton.

The drainage area is approximately 50 square miles with a rainfall at times of 4 inches to 6 inches in 24 hours." The fast run-off causes a piling up of the waters in Gafford Creek between the foothills and its mouth at Fourche La Fave for a distance of 3% miles, overflowing an area of 12 square miles. This flood of Gafford Creek is independent of the rise in Fourche La Fave River. The farm lands are frequently overflowed in this area during the growing season.

The following favorable report has been received from the War Department on bill H. R. 7313:

[First endorsement)

WAR DEPARTMENT, May 2, 1935. Respectfully returned to the Chairman of the Committee on Flood Control, House of Representatives.

This Department is not aware of any objection to the enactment of House Bill No. 7313, “ Authorizing a preliminary examination of Gafford Creek, Arkansas."

GEORGE H. DERN, Secretary of War. O

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