43: Bates, Hon. William H., a Representative in Congress from the State 89 Bonner, Hon. Herbert C., a representative in Congress from the State Chaney, Donald J., chief counsel, Fish and Wildlife Service, Depart- Cole, Hon. Sterling, a Representative in Congress from the State of Day, Albert M., Director, Fish and Wildlife Service, Department of Dingell, Hon, John D., a Representative in Congress from the State Farrington, Hon. Joseph R., Delegate from the Territory of Hawaii. Hampton, W. Roy, Plymouth, N. C., chairman of the Board of Con- servation of the State of North Carolina, chairman of the fisheries committee of the board, member of the executive committee of the Institute of Fisheries and Research, University of North Carolina, and also a director of the Atlantic Coast Marine Fisheries Commis- Heydecker, Wayne D., secretary-treasurer, Atlantic States Marine Hudoba, Michael, Washington editor, Sports Afield.. Jackson, Charles E., general manager, National Fisheries Institute__ James, M. C., Assistant Director of the Fish and Wildlife Service, Ketchum, Omar B., legislative director, Veterans of Foreign Wars of Krummes, William T., Assistant Chief, Branch of Wildlife Refuges, Fish and Wildlife Service, Department of the Interior... McHugh, Patrick, secretary-treasurer, Atlantic Fishermen's Union... 25, 83 63 47, 72, 78 77 Rice, Thomas D., executive secretary, Massachusetts Fisheries Shoemaker, Carl D., representing the National Wildlife Federation__ Walker, William S., secretary of Hon. Charles E. Bennett, a Repre- Beatty, Robert O., conservation director, Izaak Walton League Dingell, Hon. John D., re H. R. 6533_ 17 36 Fergus, Eldridge, Wilmington, N. C., re H. R. 7209.. Additional information-Continued Communications from-Continued Heydecker, Wayne D., secretary-treasurer, Atlantic States Page 74, 86, 139 Hobbs, J. W., Jr., Elizabeth City, N. C., re H. R. 7209- Lennox, Colin G., president, Board of Agriculture and Forestry, Shoemaker, Carl D., conservation director, National Wildlife Truman, Hon. Harry S., re H. R. 1746 and H. R. 6533_. Voight, William, Jr., executive director, Izaak Walton League of Comparison of expenditures for wildlife programs financed by Hawaii's Federal aid to wildlife-restoration apportionment Schedule of expenditures in wildlife-restoration activities in MISCELLANEOUS FISH AND WILDLIFE BILLS TUESDAY, FEBRUARY 14, 1950 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 3 OF THE COMMITTEE ON MERCHANT MARINE AND FISHERIES Washington, D. C. The subcommittee met, pursuant to notice, at 10 a. m. in the committee hearing room, 219 Old House Office Building, Hon. Clark W. Thompson (chairman of the subcommittee) presiding. Present: Representatives Thompson, Welch, and Fugate, and Delegate Bartlett. Also present: Delegate Farrington and John M. Drewry, general counsel to the committee. Mr. THOMPSON. The hearing will come to order. Before going into H. R. 3906, which was the subject of this call, I would like to hold a brief hearing on H. R. 7043, which was introduced by Mr. Hardy, upon which Mr. Cole can shed some light. (The text of H. R. 7043 and the reports of the Department of the Interior and the Treasury Department follow :) [H. R. 7043, 81st Cong., 2d sess.] A BILL To provide for the granting of an easement for a public road or public toll road through the wildlife refuge located in Princess Anne County, Virginia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to convey to the Commonwealth of Virginia or to a public toll road authority which may now or hereafter be created by the Commonwealth of Virginia a permanent easement for the construction of a public road or public toll road (together with rights for such other uses as may be customary or necessary in connection with the construction or operation of such a road) through the wildlife refuge located in Princess Anne County, Virginia, upon such terms and conditions as he may prescribe. Hon. EDWARD J. HART, DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D. C. March 25, 1950. Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D. C. MY DEAR MR. HART: Reference is made to your committee's request for a report on H. R. 7043, a bill to provide for the granting of an easement for a public road or public toll road through the wildlife refuge located in Princess Anne County, Va. I have no objection to the enactment of the proposed legislation if it is amended to the extent indicated herein. 1 The bill would authorize the Secretary of the Interior to convey to the Commonwealth of Virginia, or to a public toll road authority which may now or hereafter be created by the Commonwealth of Virginia, a permanent easement for the construction of a public road or public toll road through the Back Bay National Wildlife Refuge in Princess Anne County, Va. The proposal to construct the road in question has been discussed with officials of the Fish and Wildlife Service of this Department and it has been determined that if constructed in the place and in the manner outlined in those discussions it will not interfere materially with the administration of the Back Bay National Wildlife Refuge. It also should be noted that the conveyance is to be "upon such terms and conditions as he [the Secretary] may prescribe." The lands to be crossed by the toll road were acquired through expenditures from a special fund known as the migratory bird conservation fund, and it is believed that that fund should be reimbursed at least to the extent of the cost to the United States of the lands to be included within the permanent right-of-way. It therefore is recommended that the bill be amended to include a section reading as follows: "The conveyance authorized by this Act shall be made only upon payment to the United States of a sum equal to the cost, as determined by the Secretary of Interior, of the lands included therein and any such sum shall be credited to the Migratory Bird Conservation Fund and shall be available for expenditure in accordance with the authorizations relating thereto." -I have been advised by the Bureau of the Budget that there is no objection to the submission of this report to your committee. Sincerely yours, OSCAR L. CHAPMAN, Secretary of the Interior. Hon. SCHUYLER O. BLAND, TREASURY DEPARTMENT, Washington, D. C., February 3, 1950. Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Further reference is made to your letter of January 31, 1950, requesting the views of this Department on H. R. 7043, to provide for the granting of an easement for a public road or public toll road through the wildlife refuge located in Princess Anne County, Va. The bill would authorize the Secretary of the Interior to convey to the Commonwealth of Virginia a permanent easement for the construction of a public road or public toll road through the wildlife refuge located in Princess Anne County, Va. The Treasury Department is not concerned with the subject of the proposed legislation, and the Department has no coments to submit as to its general merits. Very truly yours, THOMAS J. LYNCH, General Counsel. Mr. THOMPSON. Mr. Cole, will you explain it to us? STATEMENT OF HON. W. STERLING COLE, MEMBER OF CONGRESS FROM NEW YORK Mr. COLE. Yes, Mr. Chairman. A few years back a group of residents of Virginia Beach, Va., and some residents of Nags Head and Washington, N. C., became interested in developing a toll road along the beach southward from Virginia Beach to Nags Head. Subsequently two corporations were organized under the general laws of the respective States for the purpose of constructing and operating a public toll road. Later it became evident that this would not be practical to be done by a private corporation, so a public authority was created in the State of North Carolina for that purpose, and there is a bill pending before the Legislature of Virginia to create a similar public authority in the State of Virginia, for the purpose of constructing and operating the toll road southward from Virginia Beach to the North Carolina line. The route of the highway crosses a game reservation operated by the Department of the Interior. Originally the Department was opposed to the road being constructed at the particular location which the engineers had fixed, for the reason that it would interfere with the wildlife at the game refuge. Later the highway engineers met with the Department's wildlife engineers and technicians on the site and relocated the route across the game preserve, so that it is my understanding that the Department of the Interior is now agreeable to the granting of this permanent easement. However, they say that they do not have statutory authority to grant it, and this bill is designed to authorize the Secretary of the Interior to grant the easement to the public authority about to be created by the State of Virginia, or directly to the Commonwealth of Virginia, upon such terms as the Secretary may impose, to be without cost to the Government, and I expect that the Secretary of the Interior would not impose any charge on the Virginia authority. Mr. THOMPSON. They have, as I understand it, all the right-of-way except through the preserve-either have it or it is in process. Mr. COLE. Substantially all of it in the State of Virginia has been acquired. Mr. THOMPSON. My understanding was that the authority was practically ready to commence when and if they can get the authority of the Secretary of the Interior to pass through this game refuge. Mr. COLE. That is my understanding. There may be one or two parcels on which the easement has not been acquired. Whether that is in Virginia or North Carolina, I am not certain. But practically all of the easements have been granted. Mr. THOMPSON. Are there any questions? If not, Mr. Cole, we very much appreciate your coming here. We will be glad to have you remain, but I know you have a lot of other things to do. STATEMENT OF DONALD J. CHANEY, CHIEF COUNSEL, FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR Mr. CHANEY. Mr. Chairman, the Department has not submitted its report on this bill in response to the request from the committee. However, Mr. Cole has outlined the fact that there have been discussions concerning the construction of this road, and it has been determined, at least informally, that as relocated it would not interfere materially with the continued maintenance and administration of the Back Bay National Wildlife Refuge. There is one point I would like to call to the attention of the committee in considering this bill. The lands for the Back Bay Refuge were acquired through the expenditure of funds from the migratory bird conservation fund. The committee is familiar with that fund, and it has been suggested that the conveyance should be made subject to the payment by either the State of Virginia or the public corporation of the value of the lands included in the right-of-way as deter |