80TH CONGRESS 2d Session SENATE { REPORT No. 1598 AUTHORIZING THE CONVEYANCE BY THE SECRETARY OF THE INTERIOR TO THE RICHMOND, FREDERICKSBURG & POTOMAC RAILROAD CO., OF CERTAIN LANDS LYING IN THE BED OF ROACHES RUN, ARLINGTON COUNTY, VA. JUNE 11 (legislative day, JUNE 1), 1948.-Ordered to be printed Mr. BUTLER, from the Committee on Interior and Insular Affairs, submitted the following REPORT (To accompany H. R. 4455) The Senate Committee on Interior and Insular Affairs, to whom was referred the bill (H. R. 4455) to authorize the conveyance by the Secretary of the Interior to the Richmond, Fredericksburg & Potomac Railroad Co., of certain lands lying in the bed of Roaches Run, Arlington County, Va., and for other purposes, having considered the same, report favorably thereon without amendment and with the recommendation that the bill do pass. The purpose of this bill is to authorize the Secretary of the Interior to sell, at a price approved by him, to the Richmond, Fredericksburg & Potomac Railroad Co. approximately 5.33 acres of land lying in the bed of Roaches Run, Arlington County, Va. The title to this land is held by the United States as tidelands, since it is a residual tract created by natural recession and man-made controls and changes in the banks of the Potomac River. Inasmuch as most of the area covered by this legislation is marsh, it would appear that the land has no potential use for public purposes. It also includes a natural drainage stream which is a part of the sanitary sewer and drainage system of the Pentagon Building and other Federal buildings in the vicinity. It will be noted that H. R. 4455 provides for the reservation to the United States of the right to continuance of adequate drainage from those buildings through this land, either by an open ditch or a culvert constructed without cost to the Federal Government. Since this land is contiguous to the right-of-way of the Richmond, Fredericksburg & Potomac Railroad, it can be made suitable through grading and improvements for railroad yard purposes. Its sale to the railroad company will make it available for taxation and the United States will be released from any further expense for its maintenance. The House Committee on Public Lands, at the suggestion of the Department of the Interior, amended the bill to eliminate section 2 of the bill as originally written. This will have the effect of placing in the Treasury as miscellaneous receipts the moneys received in payment for the land. The favorable report of the Interior Department (suggesting the above amendment which was adopted) to the chairman of the House Committee on Public Lands is hereinbelow set forth in full and made a part of this report. Hon. RICHARD J. WELCH, THE SECRETARY OF THE INTERIOR, Chairman. Committee on Public Lands, House of Representatives. MY DEAR MR. WELCH: Your committee has requested a report on H. R. 4455, entitled "A bill to authorize the conveyance by the Secretary of the Interior to the Richmond, Fredericksburg & Potomac Railroad Co., of certain lands lying in the bed of Roaches Run, Arlington County, Va., and for other purposes.' I recommend that the proposed legislation be enacted if amended to eliminate section 2 thereof. The proposed legislation would authorize the Secretary of the Interior to transfer to the Richmond, Fredericksburg & Potomac Railroad Co., at an appraised price as approved by him, all the right, title, and interest of the Federal Government in and to a tract of land comprising five and thirty-three hundredths (5.33) acres, more or less, lying between United States Highway No. 1 and the industrial right-of-way of the Richmond, Fredericksburg & Potomac Railroad on the northwest, thence extending southeasterly to the right-of-way of the Richmond, Fredericksburg & Potomac Railroad's main line tracks, which is its easterly boundary. and further designated as being located at Roaches Run, Arlington County, Va. The title to this property is claimed by the United States as tidelands and is represented as being a residual parcel created by natural recession and man-made controls and changes in the banks of the Potomac River. The title to this prop erty was quieted in the United States in the case of United States v. Robert R. Dye, et al., Equity No. 53959, in the District Court of the United States. District of Columbia. The highest and best use of this property, conditioned upon its being brought to grade, improved, and otherwise made usable, would appear to be for railroad yard purposes by the Richmond, Fredericksburg & Potomac Railroad Co. At the present time, however, a large part of this tract is marsh, from 5 to 6 or more feet below grade, covered with a growth of brush, cattails, marsh grass, and other rank vegetation. Other parts of this tract are the open channel, bed, and banks of a natural drainage stream known as Roaches Run. This natural stream bed is a part of the sanitary sewer and drainage system of the Pentagon Building and other Federal buildings in the neighboring vicinity. Provision is made in H. R. 4455 for the preservation of this natural drainage by a reservation to the United States of the right to the continuance of adequate drainage through the land described in the bill, either by open ditch or by a culvert, constructed without cost to the Federal Government, in a manner and of the dimensions specified in the proposed legislation. The specifications and conditions as set forth in the proviso, in the opinion of this Department, are adequate to protect the Federal interests and meet with the approval of the Public Buildings Administration of the Federal Works Agency It would appear from a physical examination of the tract that this property lacks direct frontage or ordinary convenient access, since it has the width of only 50 feet on the west or front boundary and is shut off from access to any road or outlet by the right-of-way and tracks of the industrial spur switch of the Richmond, Fredericksburg & Potomac Railroad. Moreover, this tract is bordered on the west by a stagnant pond and marsh area and along a considerable portion of its rear eastern boundary likewise by a marsh and stagnant water which, unless drained, improved, and made capable of utilization, would be a constant obstacle to the usefulness of this tract and a detriment to its value and salability A continuance of the underground sanitary sewer serving the Pentagon Building, from its present outlet box through this tract to a new place of emergence on its nearest outer boundary part, must be constructed as a part of the drainage system of the Pentagon Building and other Government installations in that vicinity, which will cost the railroad company at least $56.000. based upon presentday estimates. It is the consensus of this Department that this tract of land has no potential use for public purposes as a result of its location and for other reasons as set forth in this report. The sale of the tract to the Richmond, Fredericksburg & Potomac Railroad Co. would make the same available for taxation and the Government would be released from any further expense for its maintenance. In the interest of good budgetary procedure, it is recommended that section 2 of the bill be eliminated. The effect of this action would be to require that the funds received as a consideration for the conveyance of the tract be deposited into the Treasury as miscellaneous receipts. The Bureau of the Budget has advised me that, "while the enactment of the bill in its present form would not be in accord with the program of the President, there would be no objection to the enactment of the bill if section 2 were amended to provide that the proceeds derived from the sale of the land in question shall be deposited into the Treasury as miscellaneous receipts" Sincerely yours, OSCAR L. CHAPMAN, Under Secretary of the Interior. |