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Treasury "to sell any such building or buildings and the site or sites thereof, at such time and on such terms as he deems proper, and to convey the same to the respective purchasers thereof by the usual quitclaim deed”, and therefore, this Department interposes no objection to the passage of the aforesaid bill. Very truly yours,

HENRY MORGENTHAU, Jr.

Secretary of the Treasury. In compliance with clause 2a of rule XIII there is printed below existing law, with matter proposed to be repealed enclosed in black brackets:

The Secretary of the Treasury is authorized to enter into contracts for sites or additional land for public buildings, purchases of sites and buildings thereon, commencement, completion, extension, remodeling, and rehabilitation of public buildings in amounts not exceeding the respective estimated total costs herein set forth, as follows:

*

Dallas, Texas, post office, courthouse, and other Government offices: For commencement of construction, $300,000, under an estimated total cost of $1,250,000 [: Provided, That the present Federal Building and site at Main and Ervay Streets shall not be sold for an amount less than $1,250,000].

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TO MAKE PROVISION FOR SUITABLE QUARTERS FOR CERTAIN GOVERNMENT SERVICES AT EL PASO, TEX., AND FOR OTHER PURPOSES

May 27, 1935.-Committed to the Committee of the Whole House on the state

of the Union and ordered to be printed

Mr. Lanham, from the Committee on Public Buildings and Grounds,

submitted the following

REPORT

(To accompany H. R. 7235)

The Committee on Public Buildings and Grounds, to whom was referred the bill (H. R. 7235) to make provision for suitable quarters for certain Government services at El Paso, Tex., and for other purposes, having considered the same, report favorably thereon and recommend that the bill do pass with the following amendments:

AMENDMENT TO EXISTING LAW

Amend the title to read:

To amend the Act entitled “An Act to make provision for suitable quarters for certain Government services at El Paso, Texas, and for other purposes.'

Page 1, line 2, following the word "assembled" insert the following:

That the Act entitled “An Act to amend the Act to make provision for certain Government services at El Paso, Texas, and for other purposes”, approved June 19, 1934, is amended to read as follows:

Page 1, lines 3 to 11, following the word “of”, insert the following: land situated in the city and county of El Paso and State of Texas, more fusiy described as follows, to wit: Beginning at a point on the east line of South Santa Fe Street, which point is the intersection of the west line of block 21 of the Campbell Addition to the city of El Paso and the southerly line of the present levee now occupied as a right-of-way of the Rio Grande and El Paso Railroad; and which point of intersection is sixty-six and eighty-two.

Page 2, lines 1 to 25, following the word “of”, insert the following: one-hundredths feet northerly from the southwest corner of said block 21, the beginning point of this tract; thence southerly along the west line of said block 21, and the east line of South Santa Fe Street at sixty-six and eighty-two one-hun. dredths feet past the southwest corner of said block 21 and at one hundred and thirty-six and eighty-two one-hundredths feet past the northwest corner of block 17 of the Campbell Addition and at one hundred and eighty-eight and eighty-two one-hundredths feet past the southwest corner of this tract; thence easterly at right angles to the center of an alley one hundred and thirty feet; thence northerly and parallel with the east line of South Santa Fe Street one hundred and twenty-four feet more or less to the south line of the above-mentioned levee; thence in a northwesterly direction along the south line of said levee one hundred and thirty-five feet more or less to the place of beginning, being part of lots 18, 19, and 20 in block 21 of the Campbell Addition, and that part of Eleventh Street between blocks 21 and 17 having a width of seventy feet by one hundred and thirty feet, and all of lots 11 and 12 in block 17 above referred to and the west half of alley adjoining the lots herein mentioned. The property described has a frontage of one hundred and eighty-eight-two one-hundredths feet on South Santa Fe Street, a width of one hundred and thirty feet on the south.

Page 3, line 1, following the numeral “1” insert the following: side, has approximately one hundred and twenty-four feet on the east side, and on the north side one hundred and thirty-five feet.

Page 3, line 4, following the numeral "5" insert the following: upon such premises, or upon an equivalent area which has been approved by the Secretary of the Treasury,

Page 3, line 13, following the word “such" strike out the word “lots” and insert the word "premises"

Page 3, line 22, following the word "Mexico" insert the following:

In the event that such lands are so determined to be the lands subject to the jurisdiction of the United States of Mexico and that as a result of such determination the owners or their assignees lose their title thereto and the lease is canceled, the United States shall pay to the owners or their assignees the fair value of the building at the completion of its construction (but not in excess of the actual cost of construction), less an amount equal to one-third of 1 percentum of such cost or value for each month that the lease was in effect prior to such termination.

CHANGES IN EXISTING LAW

The bill is intended to amend the title of the existing law and to amend the existing law.

EXISTING LAW

An Act entitled "An Act to make provision for suitable quarters for certain Government services at El Paso, Texas, and for other purposes.". That when the owners of lots 11, 12, 13, 14, 15, portions of lots 16 and 17, block 21, Campbell's Addition, El Paso, Texas (hereinafter called the owners), have agreed to erect on such lots a building of such design, plan, and specifications as may be approved by the Secretary of the Treasury as suitable for the use of the Bureau of Immigration, the Bureau of Customs, the United States Public Health Service, and the Bureau of Plant Quarantine, the Secretary of the Treasury is authorized and directed to negotiate, and, subject to an appropriation therefor, lease such building and such lots from the owners for a term of twenty-five years after such building is ready for occupancy at a fair annual rental, subject to the limitations of section 322 of part II of the Legislative Appropriation Act for the fiscal year ending June 30, 1933, approved June 30, 1932. Such lease shall contain & provision

For a cancelation of the lease in the event that the lots on which the building is to be constructed are determined, judicially or by agreement, to be lands subject to the jurisdiction of the United States of Mexico.

SEC. 2. There is authorized to be appropriated such amounts as may be necessary to pay the installments of rent provided for in such lease.

Approved, June 19, 1934.

For many years past the Immigration and Customs Bureaus have been bringing to the attention of Congress the unfit and insanitary condition of the building now in use at the head of the international bridge at El Paso.

In time of flood the building is a grave menace to the health of the Government employees and others occupying it. Every time there is a rise in the Rio Grande water enters the ground floor of the ol building where hundreds of immigrants are examined daily and where valuable imports are inspected. Under the most favorable conditions, the building is badly crowded and wholly inadequate to the needs required to be served. Besides the two services above mentioned, the building houses representatives of the Public Health Service and the Bureau of Plant Quarantine.

About 6 years ago an appropriation was made by the Congress in the sum of $535,000 (second deficiency bill, 70th Cong.) for a new building in the locality in question. The bill authorizing the appropriation was approved by the departments concerned.

The Supervising Architect of the Treasury was proceeding to acquire the site on behalf of the United States Government when the Treasury Department, on request of the Secretary of State, dropped negotiations for the reason that the site is in territory in dispute between the United States and Mexico. This sum has now reverted to the United States Treasury and the Government is powerless to erect a building at this port of entry.

a H. R. 1731, Seventy-third Congress, was enacted into law (Public No. 427), and the Government bureaus concerned conducted negotiations toward carrying out provisions, but due to inability of the owners of the site proscribed by this bill to make suitable terms regarding the sale of the land, it was found impossible to construct the building under the terms of that act. The present bill amends Public No. 427 and offers another suitable site for the erection of the building.

The bill provides for the leasing by the Government, for the purposes set out in the bill, of a building to be erected on this site by private parties.

Attached hereto and made a part hereof are reports from the Secretary of State, the Secretary of the Treasury, and the Secretary of Labor in reference to this proposed legislation.

DEPARTMENT OF STATE,

Washington, May 1, 1935. Hon. FRITZ G. LANHAM, Chairman Committee on Public Buildings and Grounds,

House of Representatives. MY DEAR MR. LANHAM: I refer further to your letter of April 23, 1935, requesting a report, with my comment, on H. R. 7235, a bill to make provision for suitable quarters for certain Government services at El Paso, Tex., and for other purposes.

I have recently sent a copy of the bill to Mr. L. M. Lawson, American Commissioner on the International Boundary Commission, United States and Mexico, El Paso, Tex., with the request that he submit his views and comment thereon. In a letter dated April 26, 1935, Mr. Lawson reported the following: "I

perceive no objection to the bill so far as the American section of the Boundary Commission is concerned since there is nothing on its face to indicate that the structure which would be built would project into the channel of the Rio Grande. If that is in contemplation, only the final plans for the structure would show to what extent the same might become the basis for a presentation by Mexico of a cast calling for consideration by the International Boundary Commission under the provisions of the Treaty of 1889 and earlier treaties relating to the water boundary.

"It will, of course, be readily appreciated that any opinion which I might at this time express upon the subject could not have the effect of either precluding

the Government of Mexico from presenting to the International Boundary Commission, either through diplomatic channels or through its Boundary Commissioner, questions which might under existing treaties grow out of some particular construction of a physical structure along or in the channel of the river, nor could it have the effect of making a valid predetermination by such comment.

“However, as there is nothing which necessarily inheres in the language of the proposed bill affirmatively providing for the type of structure, it is assumed that it has in contemplation only such a structure as would not give rise to a question or difference arising on the water boundary for determination by the joint commission under the Convention of 1889." I concur in the views expressed by Boundary Commissioner Lawson. Sincerely yours,

CORDELL HOLL.

TREASURY DEPARTMENT,

Washington, May 20, 1935. Hon. FRITZ G. LANHAM, Chairman Committee on Public Buildings and Grounds,

House of Representatives. DEAR MR. CHAIRMAN: Receipt is acknowledged of your letter of April 5, 1935, requesting a report on bill H. R. 7235, which provides for the leasing by the Secretary of the Treasury of a building of design, plan, and specifications approved by the Secretary of the Treasury as suitable for the use of the Bureau of Immigration, the Bureau of Customs, the United States Public Health Service, and the Bureau of Plant Quarantine, for a term of 25 years after such building is ready for occupancy, at a fair annual rental.

It is noted that the aforesaid bill contains provisions similar to those included in the act of Congress (Public, No. 427,73d Cong.) approved June 19, 1934, except that different land is described and the location of the proposed building is not restricted to the particularly described land, but may be erected upon area equivalent to that described in bill H. R. 7235, which has been approved by the Secretary of the Treasury.

It is suggested that bill H. R. 7235 should recite that it amends the provision of the act of Congress approved June 19, 1934, with reference to the project, as otherwise there would be two statutes apparently in conflict dealing with this subject matter.

Mr. R. Ewing Thomason, Congressman from Texas, has suggested in conference with representatives of this Department that the bill as drafted fails to protect the lessors against the contingency of a cancelation of the lease in the event that the land is determined to be subject to the jurisdiction of the United States of Mexico. This Department is of the opinion that this could properly be taken care of by the addition, as the last sentence of section 1 of the bill, of the following:

“In the event that such lots are so determined to be lands subject to the jurisdiction of the United States of Mexico and that as a result of such determination the owners or their assignees lose their title thereto and the lease is canceled, the United States shall pay to the owners or their assignees the fair value of the building at the completion of its construction (but not in excess of the actual cost of construction) less an amount equal to one-third of 1 percent of such cost or value for each month that the lease was in effect prior to such termina

This Department recommends the passage of the aforesaid bill with the amendments suggested in this communication. Very truly yours,

T. J. COOLIDGE, Acting Secretary of the Treasury.

tion."

DEPARTMENT OF LABOR,

Washington, April 8, 1935. Hon. Fritz G. LANHAM, M. C., Chairman Committee on Public Buildings and Grounds,

House of Representatives, Washington, D. C. MY DEAR CONGRESSMAN LANHAM: I have before me your letter of April 5, 1935, enclosing a copy of H. R. 7235, a bill entitled “To make provision for suitable quarters for certain Government services at El Paso, Tex., and for other purposes”; also the committee report of the hearings which were held on said bill before it passed the House during the Seventy-third Congress.

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