DEPARTMENT OF AGRICULTURE, Washington, D. C., May 2, 1985. Hon. Sam RAYBORN, Chairman Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. RAYBURN: Careful consideration has been given to the bill, H. R. 7654, transmitted with your letter of April 24, with request for a report thereon and such views relative thereto as the Department might desire to communicate. This bill would authorize the Highway Departments of North Dakota and M. L. WILSON, Acting Secretary. (PUBLIC—No. 283—730 CONG.) (H. R. 9502] AN AOT Authorizing the State Highway Departments of the States of Minnesota and North Dakota to construct, maintain, and operate certain free highway bridges across the Red River from Moorhead, Minnesota, to Fargo, North Dakota Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to facilitate interstate commerce, improve the Postal Service, and provide for military and other purposes, the State Highway Departments of the States of Minnesota and North Dakota are hereby authorized to construct, maintain, and operate two free highway bridges and approaches thereto across the Red River, at points suitable to the interests of navigation, between Fargo, North Dakota, and Moorhead, Minnesota, in accordance with the provisions of an act entitled “An Act to regulate the construction of bridges over navigable waters", approved March 23, 1906. SEC. 2. There is hereby conferred upon the State Highway Departments of the States of Minnesota and North Dakota all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridges and their approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. Sec. 3. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, June 4, 1934. O BRIDGE ACROSS THE MISSOURI RIVER AT RULO, NEBR. May 29, 1935.-Referred to the House Calendar and ordered to be printed Mr. EICHER, from the Committee on Interstate and Foreign Com merce, submitted the following REPORT [To accompany S. 1988) The Committee on Interstate and Foreign Commerce, to whom was referred the bill (S. 1988) to extend the time for the construction of a bridge across the Missouri River at or near Rulo, Nebr., having considered and amended the same, report thereon with a recommendation that it pass. Amend the title so as to read: A bill to extend the times for commencing and completing the construction of & bridge across the Missouri River at or near Rulo, Nebr. The bill has the approval of the War Department as will appear by the letter attached. WAR DEPARTMENT, Washington, March 6, 1935. Respectfully returned to the Chairman Committee on Commerce, United States Senate. The purpose of the accompanying bill, S. 1988, Seventy-fourth Congress, first session, is to extend the times for commencing and completing the construction of the bridge across the Missouri River at or near Rulo, Nebr., authorized by act of Congress approved March 4, 1933. Under the terms of the act the time for commencing construction expired March 4, 1934. So far as the interests committed to this Department are concerned, no objection is known to extending the times for commencing and completing the work of construction for the customary periods of 1 and 3 years, respectively, but I am of the opinion that it is preferable to authorize the extension of time in direct terms rather than to revive and reenact the act approved March 4, 1933. The bill herewith has been amended accordingly, and as thus amended I know of no objection to its favorable consideration by Congress. Geo. H. DERN, Secretary of War. a DEPARTMENT OF AGRICULTURE, Washington, D. C., March 11, 1935. Hon. Royal S. COPELAND, Chairman Committee on Commerce, United States Senate. DEAR SENATOR: Receipt is acknowledged of your letter of February 28, transmitting a copy of a bill (S. 1988) with the request that the committee be furnished with such suggestions touching its merits and the propriety of its passage as the Department might deem appropriate. This bill would revive and reenact section 5 of the act approved March 4, 1933 (47 Stat. 1555), which granted the consent of Congress to John C. Mullen, John H. Hutchings, and William Shepherd, their heirs, legal representatives, and assigns to construct, maintain, and operate a bridge and approaches thereto across the Missouri River at or near Rulo, Nebr. When the original bill to authorize the parties named to construct this private toll bridge across the Missouri River at the point proposed was pending this Department, on request from your committee, submitted an adverse report thereon. It still is the view of the Department that a private toll bridge should not be constructed at the point proposed. It therefore recommends against favorable action on the bill. Sincerely, R. G. TUGWELL, Acting Secretary. [PUBLIC—No. 431—720 CONGRESS) (S. 5701] AN ACT To autborize the construction of certain bridges and to extend the times for commencing and/or completing the construction of other bridges over the navigable waters of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * MISSOURI RIVER AT RULO, NEBRASKA SEC. 5. (a) That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes, John C. Mullen, John H. Hutchings, and William Shepherd, their heirs, legal representatives, and assigns be, and are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River at a point suitable to the interests of navigation, at or near Rulo, Nebraska, in accordance with the provision of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. (b) There is hereby conferred upon John C. Mullen, John H. Hutchings, and William Shepherd, their heirs, legal representatives, and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. (c) The said John C. Mullen, John H. Hutchings, and William Shepherd, their heirs, legal representatives, and assigns, are hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906. (d) After the completion of such bridge, as determined by the Secretary of War, either the State of Nebraska, the State of Missouri, any public agency or political subdivision of either of such States within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. If at any time after the expiration of twenty years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value; (2) the actual cost of acquiring such interests in real property; (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interest in real property; and (4) actual expenditures for necessary improvements. (e) If such bridge shall at any time be taken over or acquired by the States or public agencies or political subdivisions thereof, or by either of them, as provided in section 4 of this Act, and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed twenty years from the date of acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under ecopomical management. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same and of the daily tolls collected shall be kept and shall be available for the information of all persons interested. (f) The said John C. Mullen, John H. Hutchings, and William Shepherd, their heirs, legal representatives, and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War and with the Highway Departments of the States of Nebraska and Missouri a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of War may, and upon request of the highway department of either of such States shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge; for the purpose of such investigation the said John C. Mullen, John H. Hutchings, and William Shepherd, their heirs, legal representatives, and assigns, shall make available all of the records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of War as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 4 of this Act, subject only to review in a court of equity for fraud or gross mistake. (8) The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to John C. Mullen, John H. Hutchings, and William Shepherd, their heirs, legal representatives, and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. * Sec. 16. The right to alter, amend, or repeal this Act is hereby expressly roserved. Approved, March 4, 1933. O |