year those officers whose fitness in the opinion of at least six members of the selection board warrants their retention.

It is quite possible that during this period of life, officers will become incapacitated for various reasons. Means should therefore be established in law whereby those who do not maintain their fitness will be retired. This subsection accomplishes this purpose.

This subsection also provides that captains who have twice failed of selection and who are retained by the provisions of this subsection become ineligible for further recommendation for promotion by subsequent selection boards. This corresponds to present law whereby line captains become ineligible for selection after two failures.

Section 8 (b): Section 9 (c) prescribes a maximum number of present Construction Corps captains that may be retired in any year and provides for the retirement of those captains not designated for continuance. Accordingly, section 8 (b) requires that the selection board designate for continuance a number of these officers for another year in the event that the maximum number of retirements would otherwise be exceeded. Such officers so continued will become ineligible for recommendation for promotion by subsequent selection boards.

Section 9 (a): This subsection provides for the retirement at the age of 61 years of the engineering captains who fail of selection to the grade of rear admiral but are retained for further service.

As stated in section 8 (a) above, this conserves the services of captains of the engineering group for a period of about 3 to 6 years over that now provided for in the present line law.

Section 9 (b): This subsection provides for the retirement of those captains who have twice failed of selection to rear admiral and who are not recommended for retention. They will retire on June 30 of the fiscal year in which they fail of such designation or at the age of 61 years, whichever occurs first.

Section 9 (c): Section 9 (a) and (b) establish a general rule which is modified by this subsection. This provides that the captains of the Construction Corps to be transferred to the line in accordance with this bill will not be involuntarily retired earlier than 4 years after the date of the approval of this act and then not more than four in any 1 year. In the event more than four are eligible for involuntary retirement in any 1 year, a selection board will designate by name those in excess to continue on the active list. Those not designated for continuance will retire on June 30 of the fiscal year in which they are not so continued.

There is merely a saving provision and may not have to be used; however, it safeguards any unforeseen conditions which might cause abrupt or unduly large retirements in any one year.

Section 10: This section pertains to the commanders of the Construction Corps who are to be transferred to the line and who in the future may twice fail of selection as best fitted, and of adjudgment as fitted for promotion. By their transfer to the line, they would receive. added benefits in opportunity for adjudgment as fitted and for retention until 30 years of service. It is considered that the guaranty of 28 years of commissioned service is sufficient for this group of officers who fail of selection in any category. During their retention they, too, will be ineligible for consideration for promotion by subsequent selection boards. This guaranty of service is similar to that provided for present line officers in this status.

Section 11: This section pertains to lieutenant commanders and lieutenants to be transferred from the Construction Corps to the line of the Navy and who, as in the case of commanders discussed under section 10, may twice fail of selection and of adjudgment as fitted for promotion.

If the provisions of the present Line Personnel Act were extended to this group without modification, these officers, upon failure of recommendation for promotion in any category, would be honorably discharged with 2 years' pay. Since, however, in the event of failure of selection in the corps, they now are entitled to retirement at designated period of service, it is considered that they should be carried over when transferred to the line. This section, therefore, provides that the lieutenant commanders will be given a guaranty of retirement after 21 years' service and the lieutenants, after 14 years' service.

By their transfer to the line these officers will also enjoy added benefits for adjudgment as fitted and for retention which would insure a continued service of 28 years for the lieutenant commanders and 26 years for the lieutenants. In view of this increased opportunity, it is considered a guaranty of 21 years and 14 years, respectively, is sufficient for such of these officers who may fail of selection in any category. During their retention they will then be ineligible for consideration for selection for promotion by subsequent selection boards.

Section 12: This section extends the Staff Corps law guaranties of 30 years and 25 years, respectively, to officers transferred to the line in the grades of commander and lieutenant commander who may subsequently be adjudged fitted for promotion but not retained. This is in line with the generally accepted practice of not depriving an individual, upon change in his status, of the benefit of laws applicable while in his former status.

Section 13: This section provides for the retired pay of all officers retired in accordance with this act and is in conformity with the present line law which provides that an officer may retire at the rate of 2% percent of his active-duty pay at the time of retirement, multiplied by the number of years of service for which entitled to credit in the computation of his pay on the active list, not to exceed a total of 75 percent of said active-duty pay.

Section 14: This is designed to provide for the advancement in regular order of the former constructors who have been selected for advancement in the corps by a Staff Corps board prior to the enactment of this bill. In other words, it protects his present status of having been recommended for advancement by a selection board and insures his promotion. The effect is to place them immediately on the line promotion lists. This section corresponds to a similar provision in the line law of 1938, and after it has served its purpose, will have no further application.

Section 15: This section is self-explanatory and is merely a saving provision to protect the pay and allowances of the officers of the present Construction Corps upon their transfer to the line. It is not anticipated that the pay of any officer will be so reduced; however, in the readjustments, it might occur that an injustice has been done some individual. This would operate to prevent any unintentional injustice with respect to pay.

Section 16: This is self-explanatory and simply repeals the laws now in conflict with this act.

О

76TH CONGRESS 3d Session

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SENATE

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REPORT No. 1672

AUTHORIZING THE SECRETARY OF THE NAVY TO ACCEPT REAL ESTATE GRANTED TO THE UNITED STATES BY THE CITY OF MIAMI, FLA.

MAY 24 (legislative day, APRIL 24), 1940.-Ordered to be printed

Mr. ANDREWS, from the Committee on Naval Affairs, submitted the following

REPORT

[To accompany H. R. 7543]

The Committee on Naval Affairs, to whom was referred the bill (H. R. 7543) to authorize the Secretary of the Navy to accept real estate granted to the United States by the city of Miami, Fla., and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the bill is to authorize the Secretary of the Navy to accept on behalf of the United States in consideration of the sum of $1 about 1,284 acres of land from the city of Miami, Fla.

The resolution providing for this transfer and the amending resolution are as follows:

RESOLUTION No. 15635

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A DEED OF CONVEYANCE TO THE UNITED STATES OF AMERICA TRANSFERRING CERTAIN LANDS AS DESCRIBED THEREIN EXCLUSIVELY FOR NAVAL RESERVE AVIATION BASE OR AVIATION PURPOSES

Be it resolved by the commission of the city of Miami, That the city manager and the city clerk be, and they are hereby, authorized and directed to execute, for and on behalf of the city of Miami, Fla., a deed of conveyance substantially in the following form, to wit:

DEED OF CONVEYANCE

This warranty deed of conveyance, made this day of September 1939, by and between the city of Miami, a municipal corporation of the State of Florida, as party of the first part (hereinafter called the "grantor"), and the United States of America, a sovereign and independent republic, as party of the second part (hereinafter called the "grantee")

Witnesseth that whereas the grantor is the fee simple owner of the real estate located in the State of Florida, county of Dade, hereinafter particularly described, and

Whereas the major part of the acreage embraced in said description has been improved and for a number of years has been used, and is now actually being

used, by the grantee as a Naval Reserve aviation base and mooring-mast site, all under leases now existing between the parties hereto; and

Whereas the Florida State Legislature at its regular 1939 session passed and adopted an act known as house bill No. 1463, which expressly authorized and empowered the grantor to grant, deed, or dedicate lands to the Federal Government, provided they be used for Federal purposes, all of which will more fully appear from the act itself, reference to which is here made; and

Whereas pursuant to such legislative act, grantor on the 22d day of August 1939 passed and adopted a resolution offering to deed to the United States Government for aviation facilities all of the land hereinafter described for the purposes and upon the conditions herein contained, and is ready to pass and adopt such further resolutions as may be desirable to confirm the execution of this instrument:

Now, therefore, in view of the premises and for the purpose of effectuating the intent of the said city commission, and in consideration of the sum of one dollar ($1) this day received from the grantee and other valuable considerations, and for the purposes and upon the conditions all hereinafter set forth, the city of Miami, as grantor, does hereby grant, bargain, and convey unto the grantee herein that certain real estate located in the State of Florida, county of Dade, particularly described as follows, to wit:

The south half (S%) of the southeast quarter (SE) of section seventeen (17), township fifty-two south (52 S.), range forty-one east (41 E.);

Also, all that part of the southwest quarter (SW) of section seventeen (17), township fifty-two south (52 S.), range forty-one east (41 E.), lying south of the right-of-way of the Biscayne Canal;

Also, all that part of section eighteen (18), township fifty-two south (52 S.), range forty-one east (41 E.), lying south of the right-of-way of Biscayne Canal; Also, the north three-fourths (N4) of section nineteen (19), township fifty-two south (52 S.), range forty-one east (41 E.);

Also, the north three-fourths (N4) of the west half (W1⁄2) of section twenty (20), township fifty-two south (52 S.), range forty-one east (41 E.);

Also, the northeast quarter (NE) of section twenty (20), township 52 south (52 S.), range forty-one east (41 E.);

Also, that part of the southeast quarter (SE) of section twenty (20), township fifty-two south (52 S.), range forty-one east (41 E.), bounded on the east by a line seventeen hundred (1,700) feet east of and parallel to the west line of the said southeast quarter (SE) of section twenty (20), bounded on the south by the north right-of-way line of Fisherman Street, bounded on the west by the said west line of the southeast quarter (SE1⁄4) of section twenty (20), and bounded on the north by the north line of the said southeast quarter (SE) of section twenty (20);

Also, all that part of the northwest quarter (NW) of section twenty-one (21), township fifty-two south (52 S.), range forty-one east (41 E.), lying west of the right-of-way of Douglas Road.

Excepting from the above-described property the rights-of-way of Red Road, Bougainvillea Avenue, County Road on the south side of the north 34 of section (19), Le Jeune Road, Abdallah Street, Oriental Boulevard, Golf Course Boulevard, and all streets and avenues dedicated to the public by the Plat of Income Gardens, as recorded in plat book 35 at page 65 of the public records of Dade County, Fla. Also excepting all streets and avenues dedicated to the public by the Plat of Income Gardens, section No. 3, as recorded in plat book 31 at page 7 of the public records of Dade County, Fla.

Also excepting lots 1 and 5, block 197; lots 3 and 5, block 198; lots 7 and 8, block 199; lots 3 and 4, block 200; lots 7 to 12, inclusive, block 200; lots 19 to 24, inclusive, block 200; lots 29 and 30, block 200; lots 13 to 24, inclusive, block 201; lots 1 to 12 inclusive, block 202; lots 25 to 30 inclusive, block 202; all as shown on the Plat of Income Gardens, as recorded in plat book 35 at page 65 of the public records of Dade County, Fla.

Also excepting tract 198-A and tract 199 of Income Gardens, according to the revised plat thereof as recorded in plat book 35 at page 66 of the public records of Dade County, Fla.

Also excepting lots 10, 11, and 13, block 213; lots 1 to 12 inclusive, block 215; and block 225; as shown on the Plat of Income Gardens, section No. 3, as recorded in plat book 31, at page 7 of the public records of Dade County, Fla.

All of which tracts after the portions above have been excepted therefrom containing the net aggregate of 1,284 acres more or less.

To have and to hold the said real estate unto the grantee herein for the purposes and upon the conditions hereinafter set forth, as follows, to wit:

1. This conveyance is made for the purpose of enabling the grantee herein to continue to maintain and to enlarge and expand the said Naval Reserve aviation base and is upon the express condition subsequent that in the event the said grantee hereafter shall cease so to use the said land or to use it in some manner for aviation facilities, then in such event the title here conveyed to the grantee shall revert and revest in the grantor, the city of Miami.

2. All buildings, fences, and improvements on the land covered by this deed at the time of its execution and delivery, except only those which were constructed and placed thereon by the grantee herein, shall be subject to removal at any time by the grantor and express right of ingress and egress for this purpose is reserved by the grantor.

3. The grantor also reserves the right to occupy and to use any buildings now located on the lands covered by this instrument which were erected or constructed by the grantor, until the time when the grantee may wish to improve, occupy, or use the area on which such buildings are situated, at which time the grantor shall have the right to remove any and all such buildings, and indeed must remove them then or suffer their destruction by the grantee herein.

4. The grantor reserves and retains the right to drill wells on the land covered by this instrument for municipal water supply purposes, with the understanding that in the event it should seem desirable to drill such wells the installation shall be effected at such time and in such manner as to result in the least inconvenience to the grantee herein, and also in such manner that when completed the entire installation will be below the surface of the ground and will not in any way hinder or interfere with the operation of aircraft or other Navy activities within said area, and with the further understanding that the reservation of such water rights is not to be construed as withholding from the grantee the unconditional right on its part also to drill, establish and use wells anywhere within said area for water supply purposes.

5. Insofar as this instrument covers any of the land embraced in the leases hereinbefore referred to, the leases shall thereby be canceled and become of no effect and shall be surrendered simultaneously with the delivery of this deed.

The grantor does hereby fully warrant its title to the land covered by this instrument and will defend its title against the lawful claims of all persons whomsoever, subject nevertheless to the conditions aforesaid.

In witness whereof, the grantor, the city of Miami, has caused this instrument to be executed in its name and its corporate seal to be affixed hereto by its city manager and city clerk as of the day and year first above written.

I hereby certify that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, L. L. Lee and Frank J. Kelly, respectively, city manager and city clerk of the city of Miami, a municipal corporation of the State of Florida, to me well known to be the persons described in and who executed the foregoing deed of conveyance and duly acknowledged before me that they executed the same for the purpose therein expressed as the act and deed of said municipal corporation.

In witness whereof, I have hereunto set my hand and affixed my official seal at Miami, said county and State, this day of September 1939.

My commission expires

Notary Public, State of Florida at Large.

Passed and adopted this 20th day of September 1939.