Page images
PDF
EPUB

86TH CONGRESS 1st Session

HOUSE OF REPRESENTATIVES

{No. 613

REPORT

AUTHORIZING THE SALE OF CERTAIN LANDS AT THE

TABLE ROCK DAM AND RESERVOIR
MISSOURI, TO THE STATE OF MISSOURI

PROJECT,

JUNE 30, 1959.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. DAVIS of Tennessee, from the Committee on Public Works, submitted the following

REPORT

[To accompany S. 692]

The Committee on Public Works, to whom was referred the bill (S. 692) to authorize the sale of certain lands to the State of Missouri, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill and the facts which recommend its enactment are set forth below in the language which is quoted from Senate Report 277, filed by the Committee on Public Works of the Senate:

The purpose of S. 692 is to authorize the Secretary of the Army to convey to the State of Missouri by quitclaim deed, for public park and recreational purposes only, such areas within the portion of Table Rock Dam and Reservoir project, Missouri, presently leased to the State for public park and recreational purposes, as he shall deem essential to provide sites for permanent buildings and other improvements, but not to exceed 50 acres, at fair market value and under such terms as the Secretary of the Army shall deem advisable to assure that use of the areas by the State will not interfere with the operation of the project.

GENERAL STATEMENT

The Table Rock Dam site is on the White River in Taney
County, Mo., about 8 miles upstream and southwest of
Branson, Mo. The project was authorized by the Flood

Control Act of August 18, 1941, and is a part of the comprehensive plan for flood control and other purposes in the White River Basin. The dam is a concrete-gravity structure with rolled earthfill abutment sections having a total length of 6,423 feet, and a height of 252 feet. The reservoir will have a total storage capacity of 3,462,000 acre-feet, of which 760,000 acre-feet will be for flood control and 2,702,000 acrefeet for power. The power installation will consist of four 50,000-kilowatt generating units. The estimated cost of the project is $67,500,000,and it is nearing completion. Being located in the Ozark Mountain area near large centers of population, the reservoir has extensive recreational capabilities.

The area desired by the State of Missouri is presently leased to that State by the Federal Government for public park and recreational purposes, and comprises 50 acres which is a part of a larger area of 552 acres of project lands in Stone and Taney Counties, Mo. The existing lease to the Missouri State Park Board is for a 25-year period beginning January 1, 1957. These lands were acquired in 1952 at an average cost of $67 per acre.

The lease was granted to the State in furtherance of existing policy to encourage development of public parks at reservoir projects by local agencies. The Missouri State Park Board has plans for the development of extensive recreational areas, including picnic sites, boat docks, restaurants, and hotel and motel accommodations in the area. The land to be transferred in fee to the State of Missouri is to be used as sites for permanent buildings and other improvements for the development of a public State park.

The State park board advises that fee title to the area on which the permanent improvements are to be constructed must be vested in the State before plans for financing the development can be completed. The Secretary of the Army does not have the authority to convey the 50 acres on which construction is contemplated to the State, as it has not been declared surplus to the needs of the United States.

The bill provides that conveyance to the States shall be by quitclaim deed, and the terms shall include assurance that the use of the area by the State will not interfere with operation of the project. The land would be conveyed by the Secretary of the Army to the State of Missouri at a fair market value as determined by the Secretary, but in no event less than the cost to the Government of acquiring it. Title or interest in the mineral rights is reserved to the Federal Government under the conveyance authorized by S. 692.

The bill further provides that title to the land would revert to the United States in the event that the State of Missouri ceases to use the tract for public park and recreational purposes for a period of 2 successive years, or in the event that actual construction of the proposed buildings and improvements has not commenced within 5 years from the effective date of this act.

The Table Rock Reservoir is located in the scenic and picturesque Ozark Mountain area of southern Missouri, near the famous Shepherd of the Hills region. It is visited by thousands of tourists and vacationers annually. The committee is of the opinion that the best interests of the region would be served by conveying title of this recreational area to the State of Missouri.

The committee was advised that the specific area to be transferred to the State has not been agreed upon, but notes that the bill is flexible in permitting the Secretary of the Army to select such area. If an area near the dam structure or the adjacent road embankment is selected, the Secretary can establish necessary procedures for enforcement of security regulations for protection of Federal property in the event of war or national emergency.

Enactment of this measure will not involve expenditure of any Federal funds, but it will permit the Federal Government to recover the funds spent for the purchase of the land. The committee believes it proper that the State of Missouri own the property on which these permanent buildings are constructed, and that the operation of the project will not be impaired by conveying title of the land to the State, therefore enactment of this legislation is recommended

The reports of the Department of the Army and the Bureau of the Budget, as submitted to the chairman of the Committee on Public Works of the Senate, are as follows:

Hon. DENNIS CHAVEZ,

DEPARTMENT OF THE ARMY.
Washington, D.C., April 29, 1959.

Chairman, Committee on Fublic Works,
U.S. Senate.

DEAR MR. CHAIRMAN: Reference is made to your request for the views of the Department of the Army with respect to S. 692, 86th Congress, a bill to authorize the sale of certain lands to the State of Missouri.

The purpose of the bill is to authorize the Secretary of the Army to convey 50 acres of land at the Table Rock Dam and Reservoir project, Missouri, to the State of Missouri at fair value but subject to the condition that the property be used for public park and recreational purposes only. The bill further provides that the transfer be upon such terms and conditions as the Secretary deems advisable in the public interest and to assure that there is no interference with the operation of the project. All mineral rights would be retained by the United States and title to the property would revert if construction of buildings and improvements has not commenced within 5 years of the effective date of the act, or if the property ceases to be used for public park and recreational purposes for a period of 2 successive years.

The Department of the Army interposes no objection to the -enactment of this bill.

The Table Rock Dam site is on the White River in Taney County, Mo., about 8 miles upstream and southwest of

Branson, Mo. The reservoir formed by the Table Rock Dam, which is part of a comprehensive plan for flood control and other purposes in the White River Basin as authorized by the Flood Control Act of August 18, 1941 (55 Stat. 638, 645), will have a total storage capacity of about 3,462,000 acre-feet most of which will be for the generation of hydroelectric power.

The 50 acres that would be transferred in fee to the State of Missouri under S. 692 are part of a larger area of 552 acres of project lands in Stone and Taney Counties, Mo., licensed to the Missouri State Park Board for a 25-year period commencing January 1, 1957, under authority of the act of December 22, 1944, as amended (58 Stat. 887, 68 Stat. 1266). This license was granted to the State in furtherance of the Department of the Army policy to encourage development of public parks at reservoir projects by local agencies. The lands involved were acquired by direct purchase and in condemnation between September and December 1952, at an average cost of approximately $67 per acre

A tentative master plan has been prepared by the Missouri State Park Board for the development of extensive recreational areas including picnic sites, boat docks, restaurants, hotel and motel accommodations. However, the board has advised the Department of the Army that private commercial interests are unable to obtain financing necessary to undertake the construction of the public lodging facilities while the United States has title to the land and the State has a license interest only However, the Secretary of the Army. does not have authority to convey the lands. It is accordingly the purpose of S. 692 to provide legislative sanction for the conveyance in fee of the 50 acres on which construction is contemplated.

Although, as indicated above, preliminary plans have been completed, the specific area to be transferred to the State has not been agreed upon. Since S. 692 is flexible and permits the Secretary of the Army to select an area not to exceed 50 acres, Congress can, if it determines this course of action to be in the public interest, enact the legislation without a final determination of the specific area to be transferred to the State In this connection, the committee is advised that if agreement is reached on a tract of land near the road embankment joining the dam structure or near the dam structure itself, the Secretary of the Army if he deems it necessary can, under the terms of the bill, establish procedures for enforcement of security regulations for the protection of the hydroelectric powerplant in the event of war or national

emergency.

The enactment of this measure will not involve the expenditure of any Department of the Army funds.

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

WILBER M. BRUCKER,

Secretary of the Army.

EXECUTIVE OFFICE OF THE PRESIDENT,

Hon. DENNIS CHAVEZ,

BUREAU OF THE BUDGET, Washington, D.C., April 17, 1959.

Chairman, Committee on Public Works,
U.S. Senate, Washington, D.C.

MY DEAR MR. CHAIRMAN: This will acknowledge your letter of January 28, 1959, requesting the views of the Bureau of the Budget on S. 692, a bill to authorize the sale of certain lands to the State of Missouri.

The purpose of this bill is to authorize the Secretary of the Army to convey 50 acres of land at the Table Rock Dam and Reservoir project, Missouri, to the State of Missouri at fair market value but subject to the condition that the property be used for public park and recreational purposes only. The bill further provides that the transfer be upon such terms and conditions as the Secretary of the Army deems advisable in the public interest and to assure that there is no interference with the operation of the project. All mineral rights would be retained by the United States and title to the property would revert to the United States if construction of buildings and improvements has not commenced within 5 years of the effective date of the act, or if the property ceases to be used for public park and recreational purposes for a period of 2 successive years.

In a report which will shortly be submitted to your committee on this bill the Secretary of the Army advises that the area which would be transferred in fee to the State under this bill is part of a larger area licensed to the Missouri State Park Board for a 25-year period commencing January 1, 1957, under authority of the act of December 22, 1944, as amended. The license was granted to the State in furtherance of the Department of the Army policy to encouragedevelopment of public parks at reservoir projects by local authorities. The Secretary advises that although a tentative plan for development of recreational areas has been prepared by the Missouri State Park Board, private commercial interests are unable to obtain financing necessary to undertake construction of public lodging facilities while the United States has title to the land and the State has a license interest only. The bill would provide the Secretary of the Army with legislative sanction for conveyance in fee of the area on which construction is contemplated.

The Bureau of the Budget would have no objection to enactment of S. 692.

Sincerely yours,

PHILLIP S. HUGHES, Assistant Director for Legislative Reference.

О

« PreviousContinue »