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'DELAWARE RIVER PORT AUTHORITY COMPACT

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HEARING

BEFORE THE

VIITTEE ON PUBLIC WORKS

. 

JSE OF REPRESENTATIVES

0 EIGHTY-EIGHTH CONGRESS

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-0 FIRST SESSION

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Z. 7332, H.R. 7339, and H.R. 7595

NOVEMBER 13, 1963

Printed for the use of the Committee on Public Works

U.S. GOVERNMENT PRINTING OFFICE

26-339 WASHINGTON: 1964
COMMITTEE ON PUBLIC WORKS

CHARLES A.

GEORGE H. FALLON, Maryland

CLIFFORD DAVIS, Tennessee

JOHN A. BLATNIK, Minnesota

ROBERT E. JONES, Alabama

JOHN C. KLUCZYNSKI, Illinois

T. A. THOMPSON, Louisiana

JIM WRIGHT, Texas

KENNETH J. GRAY, Illinois

FRANK M. CLARK, Pennsylvania

ED EDMONDSON, Oklahoma

JOHN J. McFALL, California

JOHN YOUNG, Texas

HAROLD T. JOHNSON, California

W. J. BRYAN DORN, South Carolina

BUCKLEY, New York, Chairman

JAMES C. ATTCHINCLOSS, New Jersey

WILLIAM C. CRAMER, Florida

JOHN F. BALDWIN, Je., California

FRED SCHWENGEL, Iowa

HOWARD W. ROBISON, New York

WILLIAM H. HARSHA, Ohio

JAMES HARVEY, Michigan

JOHN C. KUNKEL, Pennsylvania

ROBERT T. McLOSKEY, flilnois

JAMES R. GROVER, JR., New York

JAMES H. QUILLEN, Tennessee

CARL W. RICH, Ohio

JAMES C. CLEVELAND, New Hampshire

DON H. CLATJSEN, California

DAVID N. HENDERSON, North Carolina

ARNOLD OLSEN, Montana

HAROLD M. RYAN, Michigan

J. RUSSELL TUTEN, Georgia

JOHN M. MURPHY, New York

COMMITTEE STAFF

RICHARD J. SULLIVAN, Chief Counsel

JOSEPH R. BRENNAN, Engineer-Consultant

CLIFTON W. ENFIELD, Minority Counsel

II
CONTENTS

Page

H.R. 7332 1

Statement of—

Barton, Frank L. Deputy Under Security for Transportation, Department of Commerce; accompanied by Robert M. 0' Mahoney, Deputy

Assistant General Counsel for Transportation, and Donald L. Bower,

program officer, Office of the Under Secretary of Commerce for

Transportation 16

Cahill, Hon. William T., a Representative in Congress from the State

of New Jersey; accompanied by Paul MacMurray, executive director, Delaware River Port Authority, Camden, N.J.; John Felton,

counsel, Delaware River Port Authority, Philadelphia, Pa.; and Eric

E. Wohlforth, Esq., Hawkins, Delafield & Wood, New York, N.Y.,

bond counsel to the Delaware River Port Authority 6

Additional information—

Commerce Department:

Letter, November 19, 1963 22

Statement 18

Connery, Hon. Thomas F., Jr., State senator from New Jersey, submitted statement 11

Green, Hon. William J. Jr., a Representative in Congress from the State

of Pennsylvania, submitted statement 10

MacMurray, Paul, executive director, Delaware River Port Authority,

submitted statement 12

Milliken, Hon. William H., Jr., a Representative in Congress from the

State of Pennsylvania, submitted statement 9

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DELAWARE RIVER PORT AUTHORITY COMPACT

WEDNESDAY, NOVEMBER 13, 1963

HOUSE OF REPRESENTATIVES,

COMMITTEE ON PUBLIC WORKS,

Washington, D.0 .

The committee met 10 a.m., pursuant to call, in room 1302, Longworth Building, Hon. George H. Fallon presiding.

Mr. FALLON. The Committee on Public Works is meeting in session

this morning for the consideration of Congressman Cahill's bill H.R.

7332, and similar bills, H.R. 7595 by Congressman Green, and H.R.

7339 by Congressman Milliken. I understand these bills are identical.

The purpose is to grant the consent of Congress to a further

supplemental compact or agreement between the State of New Jersey

and the Commonwealth of Pennsylvania concerning the Delaware

River Port Authority, formerly the Delaware River Joint Commission, and for other purposes.

(H.R. 7332 follows:)

[H.R. 7332, 88th Cong., 1st sess.]

A BILL Granting the consent of Congress to a further supplemental compact or agreement

between the State of New Jersey and the Commonwealth of Pennsylvania concerning

the Delaware River Port Authority, formerly the Delaware River Joint Commission, and

for other purposes

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That the consent of Congress is

hereby given to the supplemental compact or agreement set forth below, and

to each and every term and provision thereof: Provided, That nothing therein

contained shall be construed to affect, impair, or diminish any right, power, or

jurisdiction of the United States or of any court, department, board, bureau,

officer, or official of the United States, over or in regard to any navigable

waters, or any commerce between the States or with foreign countries, or

any bridge, railroad, highway, pier, wharf, or other facility or improvement,

or any other person, matter, or thing, forming the subject matter of said

supplemental compact or agreement or otherwise affected by the terms thereof:

SUPPLEMENTAL AGREEMENT BETWEEN THE COMMONWEALTH OF PENNSYLVANIA.

AND THE STATE OF NEW JERSEY FURTHER AMENDING AND SUPPLEMENTING THE

AGREEMENT ENTITLED "AGREEMENT BETWEEN THE COMMONWEALTH OF PENNSYLVANIA AND THE STATE OF NEW JERSEY CREATING THE DELAWARE RIVER

JOINT COMMISSION AS A BODY CORPORATE AND POLITIC AND DEFINING ITS

POWERS AND DUTIES" ENLARGING THE PUBLIC PURPOSES OF THE DELAWARE

RIVER PORT AUTHORITY AND EXTENDING ITS JURISDICTION, POWERS AND DUTIES

AND DEFINING SUCH ADDITIONAL PURPOSES, JURISDICTION, POWERS AND DUTIES.

The Commonwealth of Pennsylvania and the State of New Jersey do hereby

solemnly covenant and agree, each with the other, as follows:

(1) Article I of the compact or agreement entitled "Agreement between

the Commonwealth of Pennsylvania and the State of New Jersey creating

1
2 THE DELAWARE RIVER PORT AUTHORITY

The Delaware River Joint Commission as a body corporate and politic and

defining its powers and duties", which was executed on behalf of the Commonwealth of Pennsylvania by its Governor on July first, one thousand nine hundred and thirty-one, and on behalf of the State of New Jersey by the New

Jersey Interstate Bridge Commission by its members on July first, one thousand nine hundred and thirty-one, and which was consented to by the Congress

of the United States by Public Resolution Number twenty-six, being chapter

two hundred fifty-eight of the Public Laws, Seventy-second Congress, approved

June fourteenth, one thousand nine hundred and thirty-two, as heretofore

amended and supplemented, is amended to read as follows:

ARTICLE I

The body corporate and politic, heretofore created and known as The Delaware River Joint Commission, hereby is continued under the name of The

Delaware River Port Authority (hereinafter in this agreement called the

"commission"), which shall constitute the public corporate instrumentality

of the Commonwealth of Pennsylvania and the State of New Jersey for the

following public purposes, and which shall be deemed to be exercising an

essential governmental function in effectuating such purposes, to wit:

(a) The operation and maintenance of the bridge, owned jointly by the

two States, across the Delaware River between the City of Philadelphia in

the Commonwealth of Pennsylvania and the City of Camden in the State of

New Jersey, including its approaches, and the making of additions and improvements thereto.

(b) The effectuation, establishment, construction, operation and maintenance

of railroad or other facilities for the transportation of passengers across any

bridge or tunnel owned or controlled by the commission, including extensions

of such railroad or other facilities within the City of Camden and the City

of Philadelphia necessary for efficient operation in the Port District.

(c) The improvement and development of the Port District for port purposes by or through the acquisition, construction, maintenance or operation

of any and all projects for the improvement and development of the Port

District for port purposes, or directly related thereto, either directly by purchase, lease or contract, or by lease or agreement with any other public or

private body or corporation, or in any other manner.

(d) Cooperation with all other bodies interested or concerned with, or

affected by the promotion, development or use of the Delaware River and the

Port District.

(e) The procurement from the Government of the United States of any

consents which may be requisite to enable any project within its powers to

be carried forward.

(f) The construction, acquisition, operation and maintenance of other bridges

and tunnels across or under the Delaware River, between the City of Philadelphia or the County of Delaware in the Commonwealth of Pennsylvania, and

the State of New Jersey, including approaches, and the making of additions

and improvements thereto.

(g) The promotion as a highway of commerce of the Delaware River, and the promotion of increase passenger and freight commerce on the Delaware River

and for such purpose the publication of literature and the adoption of any other

means as may be deemed appropriate.

(h) To study and make recommendations to the proper authorities for the

Improvement of terminal, lighterage, wharfage, warehouse and other facilities necessary for the promotion of commerce on the Delaware River.

(i) Institution through its counsel, or such other counsel as it shall designate,

or intervention in, any litigation involving rates, preferences, rebates or other

matters vital to the interest of the Port District: Provided, That notice of any

such institution of or intervention in litigation shall be given promptly to the

Attorney General of the Commonwealth of Pennsylvania and to the Attorney

General of the State of New Jersey, and provision for such notices shall be made

in a resolution authorizing any such intervention or litigation and shall be

incorporated in the minutes of the commission.

(j) The establishment, maintenance, rehabilitation, construction and operation of a rapid transit system for the transportation of passengers, express,

mail, and baggage, or any of them, between points in New Jersey within the

Port District and within a thirty-five (35) mile radius of the City of Camden,
THE DELAWARE RIVER PORT AUTHORITY 3

New Jersey, and points within the City of Philadelphia, Pennsylvania, and

intermediate points. Such system may be established by utilizing existing

rapid transit systems, railroad facilities, highways and bridges within the territory involved and by the construction or provision of new facilities where

deemed necessary, and may be established either directly by purchase, lease

or contract, or by lease or agreement with any other public or private body or

corporation, or in any other manner.

(k) The performance of such other functions which may be of mutual

benefit to the Commonwealth of Pennsylvania and the State of New Jersey

insofar as concerns the promotion and development of the Port District for

port purposes and the use of its facilities by commercial vessels.

(1) The performance or effectuation of such additional bridge, tunnel, railroad, rapid transit, transportation, transportation facility, terminal, terminal

facility, and port improvement and development purposes within the Port

District as may hereafter be delegated to or imposed upon it by the action of

either State concurred in by legislation of the other.

(2) Said compact or agreement is further amended and supplemented by adding thereto, as a part thereof, following Article XII-A thereof, a new article

reading as follows:

ARTICLE XII-B

(1) In addition to other public purposes provided for it and other powers

and duties conferred upon it, and not in limitation thereof, and notwithstanding

the provisions of any other article hereof, the Commission shall have among its

authorized purposes, and it shall have the power to effectuate, the construction,

operation and maintenance of a bridge for vehicular traffic across the Delaware

River, between a point or points in the Township of Logan, New Jersey, and a

point or points in the City of Chester, Pennsylvania, including approaches

thereto.

(2) In addition to other public purposes provided for it and other powers

and duties conferred upon it, and not in limitation thereof, and notwithstanding

the provisions of any other article hereof, the Commission shall have among its

authorized purposes, and it shall have the power to effectuate, the establishment,

rehabilitation, equipment, construction, maintenance and operation of ferries

for passengers and vehicular traffic over and across the Delaware River within

the Port District between the Commonwealth of Pennsylvania and the State

of New Jersey. Such ferries may be established either directly by purchase,

lease or contract, or by lease or agreement with any other public or private

body or corporation, or in any other manner, and may be established by utilizing

any existing ferries within the Port District across the Delaware River between

said Commonwealth and said State and by the construction or provision of new

facilities where deemed necessary. Any such ferry may include such approach

highways and interests in land or other property necessary therefor in the Commonwealth of Pennsylvania or the State of New Jersey as may be determined

by the Commission to be necessary to facilitate the flow of traffic in the vicinity

of any such ferry or to connect any such ferry with the highway system or other

traffic facilities in said Commonwealth or said State.

(3) (a) For the effectuation of any of its purposes authorized by this article,

the Commission is hereby granted, in addition to any other powers heretofore

or hereafter granted to it, power and authority to acquire in its name by

purchase or otherwise, on such terms and conditions and in such manner as

it may deem proper, or by the exercise of the power of eminent domain,

any such land and other property which it may determine is reasonably necessary to acquire for any of its purposes authorized by this article and any and

all rights, title and interest in such land and other property, including public

lands, parks, playgrounds, reservations, highways, or parkways, owned by or

in which any county, city, borough, town, township, village, or other political

subdivision of the State of New Jersey or the Commonwealth of Pennsylvania

has any right, title or interest, or parts therof or rights therein, and any fee

simple absolute or any lesser interest in private property, and any fee simple

absolute in, easements upon, or the benefit of restrictions upon, abutting

property to preserve and protect such land and other property. Upon the

exercise of the power of eminent domain under this paragraph, the compensation to be paid with regard to property located in the State of New Jersey

shall be ascertained and paid in the manner provided in Title 20 of the

Revised Statutes of New Jersey insofar as the provisions thereof are applicable
4 THE DELAWARE RIVER PORT AUTHORITY

and not inconsistent with the provisions contained in this paragraph, and with regard to property located in the Commonwealth of Pennsylvania shall be ascertained and paid in the manner provided by the act approved the ninth

day of July, one thousand nine hundred nineteen (Pamphlet Laws 814) and

acts amendatory thereof and supplementary thereto, insofar as the provisions

are applicable and not inconsistent with the provisions contained in this paragraph. The Commission may join in separate subdivisions in one petition or complaint the descriptions of any number of tracts or parcels of such land and other property to be condemned, and the names of any number of owners and other parties who may have an interest therein, and all such land and other property included in said petition or complaint may be condemned in a

single proceeding: Provided, however, That separate awards shall be made for each tract or parcel of such land or other property: And provided further, That each of said tracts or parcels of such land or other property lies wholly in

or has a substantial part of its value lying wholly within the same county.

(b) Whenever the Commission acquires under this paragraph (3) the whole

or any part of the right of way of a public utility located in the Commonwealth of Pennsylvania, the Commission shall, at its own expense, provide a

substitute right of way on another and favorable location. Such public utility

shall thereupon provide for the transfer to, or reconstruction upon, in, under or

above said substitute right of way of any structures and facilities of said public utility located upon, in, under or above said original right of way at the time the same is so acquired. The Commission is hereby authorized to

enter into agreements with such public utility to contribute toward the expense

of such transfer or reconstruction, and in the event that they are unable to

agree on the amount to be paid, the matter shall be referred to the Pennsyl- vania Public Utility Commission which shall, after hearing thereon, make a

finding of the amount to be paid to such public utility by the Commission.

In case of failure of such public utility, within a reasonable time after notice

so to do, to remove its facilities to such substitute right of way, the Pennsyl- vania Public Utility Commission shall have jurisdiction, on petition of the Com- mission, to order such transfer or reconstruction. Any party to such proceed- ings shall have the right of appeal from the ruling of the Pennsylvania Public Utility Commission. The Delaware River Port Authority is hereby authorized

to acquire, by purchase or by the exercise of the power of eminent domain, any

necessary land or right of way for the relocation of any such public utility right of way and facilities. The substitute right of way thus acquired shall be equal in estate to the original right of way acquired from the public utility, and the Commission shall deliver to the public utility a deed, duly executed and acknowledged, conveying to it an estate in the substitute right of way

at least equal to that owned by the public utility in the original right of way,

or if such substitute right of way is to be acquired by purchase, the Commis- sion shall procure and deliver to the public utility a deed conveying such

estate to it from the owner of the land on which such substitute right of way is located.

This sub-paragraph (b) shall have no application to the relocation of public utility facilities located in the beds of public streets, roads or highways. (c) In addition to any other powers heretofore or hereafter granted to it, the Commission, in connection with construction or operation of any project

for the effectuation of any of its purposes authorized by this article, shall have

power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles or any other equipment and appliances (in this sub-paragraph (c) called "works") located in the State of New Jersey of

any public utility as defined in section 48 :2-13 of the revised statutes of New Jersey, in, on, along, over or under any such project. Whenever in connection with the construction or operation of any such project the Commission shall determine that it is necessary that any such works, which now are or hereafter

may be located in, on, along, over or under any such project should be relocated in such project, or should be removed therefrom, the public utility owning or operating such works shall relocate or remove the same in accordance with the order of the Commission, provided, however, That, except in the case of the relocation or removal of such works located in, on, along, over or under public streets, roads or highways, the cost and expenses of such relocation or removal, including the cost of installing such works in a new location or new locations, and the cost of any lands or any rights or interest in lands or any other
THE DELAWARE RIVER PORT AUTHORITY 5

rights acquired to accomplish such relocation or removal, less the cost of any

lands or any rights or interests in lands or any other rights of the public utility

paid to the public utility in connection with the relocation or removal of such

works, shall be paid by the Commission and shall be included in the cost of such

project.. In case of any such relocation or removal of works as aforesaid, the

public utility owning or operating the same, its successors or assigns, may

maintain and operate such works, with the necessary appurtenances, in the new

location or new locations for as long a period, and upon the same terms and

conditions, as it had the right to maintain and operate such works in their

former location.

In case of any such relocation or removal of works, as aforesaid, the Commission shall own and maintain, repair and renew structures within the rights

of way of railroad companies carrying any such project over railroads, and

the Commission shall bear the cost of maintenance, repair and renewal of

structures within the rights of way of railroad companies carrying railroads

over any such project, but this provision shall not relieve any railroad company from responsibility for damage caused to any authority or railroad

structure by the operation of its railroad. Such approaches, curbing, sidewalk

paving, guard rails on approaches and surface paving on such projects as

shall be within the rights of way of a railroad company or companies shall

be owned and maintained, repaired and renewed by the Commission; rails,

pipes and lines shall be owned and maintained, repaired and renewed by the

railroad company or companies.

(4) The power and authority granted in this article to the Commission to

construct new or additional approach highways shall not be exercised unless

and until the Department of Highways of the Commonwealth of Pennsylvania shall have filed with the Commission its written approval as to approach

highways to be located in said Commonwealth and the State Highway

Department of the State of New Jersey shall have filed with the Commission

its written approval as to approach highways to be located in said State.

(5) The effectuation of any of the purposes authorized by this article, and

the exercise or performance by the Commission of any of its powers or

duties in connection with effectuation of any such purpose, shall not be subject to any restrictions, limitations or provisions provided for or set forth in

Article XII hereof. The bridge or ferries referred to in this article may be

established, constructed or erected by the Commission notwithstanding the

terms and provisions of any other agreement between the Commonwealth of

Pennsylvania and the State of New Jersey.

(6) The Commission shall not construct or erect the bridge referred to in

this article unless and until the Governor of the State of New Jersey and the

Governor of the Commonwealth of Pennsylvania shall have filed with the

Commission their written consents to such construction or erection.

(7) The Commission is hereby granted the following powers in addition to

any other powers heretofore or hereafter granted to it:

(a) To abandon, close off, dismantle, sell or otherwise dispose of, any

project or facility, or any part thereof, or any other property, which the

Commission may determine to be no longer useful or necessary for public

use.

(b) To effectuate any of its authorized purposes either directly or indirectly

by or through wholly owned subsidiary corporations. Any such subsidiary

corporation shall be a public corporate instrumentality of the Commonwealth

of Pennsylvania and the State of New Jersey for such purposes and shall be

deemed to be exercising an essential governmental function in effectuating

such purposes. Any such subsidiary corporation and any of its property,

functions and activities shall have such of the privileges, immunities, tax and

other exemptions of the Commission and of the Commission's property, functions and activities, and such of the rights, powers and duties of the Commission, as the Commission shall determine.

(8) The power of the Commission, which is hereby confirmed, to purchase,

construct, lease, finance, operate, maintain and own a terminal facility consisting in whole or in part of a parking area or place, garage, building, improvement, structure, or other accommodation for the parking or storage of

motor or other vehicles, including all real or personal property necessary or

desirable in connection therewith, shall, notwithstanding any other provision

of this agreement, be exercised only at such place, in the vicinity of and in

connection with, or as a part of any bridge, tunnel, ferry, railroad, rapid

2 6-339 64 2
6 THE DELAWARE RIVER PORT AUTHORITY

transit system, transportation or terminal facility, as the Commission may

determine to be necessary or desirable.

IN WITNESS WHEREOF, this 25th day of June, 1963, RICHARD J. HUGHES has

affixed his signature hereto as Governor of the State of New Jersey and caused

the great seal of the State to be attached hereto.

S/ Richard J. Hughes

GOVERNOR,

STATE OF NEW JERSEY

Attest:

S/ Robert J. Burkhardt

SECRETARY OF STATE

IN WITNESS WHEREOF, this 26th day of June, 1963, WILLIAM W. SCRANTON

has affixed his signature hereto as Governor of the Commonwealth of Pennsylvania and caused the great seal of the Commonwealth to be attached hereto.

S/ William W. Scranton

GOVERNOR,

COMMONWEALTH OF PENNSYLVANIA

Attest:

S/ George I. Bloom

SECRETARY OF THE COMMONWEALTH

SEC. 2. Public Laws 573 and 574, being respectively chapter 921 and chapter

922 of the Public Laws, Eighty-second Congress, second session, both approved

July 17, 1952, are hereby confirmed and continued and shall be construed to

apply to the aforesaid supplemental compact or agreement as if the supplemental compact or agreement had been consented to by such Public Laws.

SEC. 3. The right to alter, amend, or repeal this Act is hereby expressly

reserved.

Mr. FALLON. I would like to welcome, on behalf of the committee,

our colleague, Mr. Cahill, from New Jersey.

STATEMENT OF HON. WILLIAM T. CAHILL, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF NEW JERSEY; ACCOMPANIED

BY PAUL MacMURRAY, EXECUTIVE DIRECTOR, DELAWARE

RIVER PORT AUTHORITY, CAMDEN, N.J.; JOHN FELTON, COUNSEL, DELAWARE RIVER PORT AUTHORITY, PHILADELPHIA, PA.;

AND ERIC E. WOHLFORTH, ESQ., HAWKINS, DELAFIELD & WOOD,

NEW YORK, N.Y., BOND COUNSEL TO THE DELAWARE RIVER

PORT AUTHORITY

Mr. CAHILL. Mr. Chairman and gentlemen, first of all I want to

express my appreciation to you and to the members of the committee

for arranging this hearing and expediting the proceedings on this bill.

As you have indicated, Mr. Chairman, I am the sponsor of H.R.

7332, and the cosponsor of this legislation along with our colleagues

from Pennsylvania, Mr. Milliken, and Mr. Green.

I regret to advise the Chair and the committee that Mr. Milliken

at the present time is unable to be present because of illness. I be- lieve that Mr. Kunkel, of Pennsylvania, a member of your committee, will present a statement on his behalf. I have been asked to

say that Mr. Green likewise is unavoidably prevented from being

present, but that a statement from his office will be presented probably

before the hearing terminates.

I have with me, Mr. Chairman, Mr. Paul MacMurray, the executive director of the Delaware River Port Authority; John Felton, Esq., who is Pennsylvania counsel for the port authority; and Eric Wohl-
THE DELAWARE RIVER PORT AUTHORITY 7

forth, a member of the bar of the State of New York associated with

the law firm of Hawkins, Delafield & Wood, bond counsel to the port

authority.

If there are any questions that the Chair or any of the .members

of the committee wish to ask, I am sure we will have sufficient expert

help here to answer most of them.

I want to be very brief, because I am certain that the reports that

were presented by the various governmental agencies have thoroughly

discussed the purpose of the legislation and have set forth the reasons

for its necessity.

Briefly, H.R. 7332 would give the consent of Congress to a supplemental compact extending the powers of the Delaware River Port

Authority to include authorization to construct, operate, and maintain a bridge across the Delaware River between Chester, Delaware

County, Pa., and Logan Township, Gloucester County, N.J.

The authority would be further empowered to establish, construct,

maintain, and operate ferries for passengers and vehicular traffic

over and across the Delaware River within the port district.

Basically, the purpose of this legislation is necessitated by the fact

that one of the new bridges, which is part of this overall package contemplated by the port authority, is located outside of Philadelphia

County and is situate in Delaware County. Heretofore,. the Congress, I think in 1922, gave approval for the construction of crossings

of the Delaware River between New Jersey and Philadelphia County.

If this bridge had been in Philadelphia County instead of .Delaware

County, the authority would have had complete authority to construct

without coming back to Congress, but this bridge is in Delaware

County.

This bridge, gentlemen, is part of a package. In addition to constructing a new crossing between Chester, Pa., and Gloucester

County, N.J., the port authority is also going to construct a new

bridge at Delair, N.J., which is in the upper part of the Delaware

River between the northeast section of Philadelphia and what is

Pennsauken Township in New Jersey.

This will give us, then, four crossings of the Delaware River

in the general Philadelphia-Chester-New Jersey area. In addition to

these crossings, the port authority is also, as part of this package

going to construct a high-speed transportation line between Philadelphia, Pa., and Kirkwood, N.J., which is situated some 20-odd miles

into New Jersey south of Philadelphia.

As most of you, I am sure, know, this is a large metropolitan

area, and one of the real problems confronting this area, as in all

metropolitan areas, is this question of mass transportation. Thousands upon thousands of Philadelphians live in New Jersey and

equally thousands and thousands of New Jerseyites work in Philadelphia and in other areas in Pennsylvania. So it is very vital

that there be a free and expeditious flow of traffic between the Philadelphia area, the Chester area, and the New Jersey area.

This is very necessary, not only for the commerce between States

but in our sincere opinion for the overall general welfare and

safety of the country in the event of war.

There is a great deal that could be said, but I think for the purpose of saving the committee's time, I could briefly say that - it, is

1
8 THE DELAWARE RIVER PORT AUTHORITY

our opinion that the development of underdeveloped sections of both New Jersey, Delaware, and Pennsylvania will be enhanced and the time of their development will be tremendously accelerated if we are able to make these crossings and if we are able to construct this high-speed transportation line.

unanimously 

The legislatures of both Pennsylvania and New Jersey have approved this legislation. Representatives of the people of both political parties have unanimously endorsed it. It has

business 

the solid support of all of the newspapers and, I think, all of the associations in the area. There was really only one difference of opinion, basically, and that was the question of the horizontal span, of how many feet it should be. Originally, the port authority had recommended some 1,400-odd feet, and some business and ship1,800 

ping interests had suggested that it perhaps be in the neighborhood of feet. The Army Engineers, after an extensive and completely thorough survey, taking into consideration the needs of the shipping interests and the safety of the ships, have recommended 1,600 feet for the horizontal span2 and the port authority, even though this will cost 

I 

additional millions of dollars to construct, has agreed to do it. would say to my knowledge, with the possible exception of one

no 

amendment that is proposed by the Commerce Department, there is

any 

opposition whatsoever to the legislation. I don't believe there is opposition at all to the amendment. I think that counsel for the 

and 

port authority and the Commerce Department have discussed it that the purpose of the amendment is agreed upon by both par- ties. 

my 

It is just a question of the wording of the amendment. It is understanding that they will agree upon that subject, of course, to the approval of the committee.

I believe, Mr. Chairman and gentlemen, that this bill is very vital to the overall development of the south Jersey-Philadelphia-Chesterthink 

Wilmington area. I believe all of you gentlemen know this area. I

you know the Delaware River and the part it has played in the industrial development of our Nation.

New 

I can assure you, as the Representative of the First District of Jersey, and I can speak for my colleague, Mr. Milliken, who represents Delaware County, and Mr. Green, who is the leader of the Philadelphia delegation, that this is completely bipartisan, and that all of us are enthusiastically in favor of this legislation and hopefully request that you give it your approval so that it can be speedily enacted by the Congress.

Mr. Fallon and, gentlemen, thank you for this opportunity of testifying. As I say, the other witnesses are here and available for any questions.

Mr. KUNKEL. If I may, Mr. Chairman, I would like to submit the statement of Mr. Milliken.

Mr. FALLON. Without objection it will be so ordered, and I will ask unanimous consent of the committee to insert Mr. Green's statement into the record.

These two statements will be placed into the record immediately after your statement. If there is no objection

'

it is so ordered. Mr. CAHILL. May I ask unanimous consent, too, Mr. Chairman, that the statement of Thomas F. Connery, Jr., of Gloucester County, be inserted at this point in the record, following the statement of the two Representatives.
THE DELAWARE RIVER PORT AUTHORITY 9

Mr. I4'ALLoN. If there is no objection, it is so ordered.

Mr. CAHILL. I also have a statement prepared by Mr. MacMurray,

the executive director of the Delaware River Port Authority. While

he is here, for the purpose of saving time, he requests this statement

also be introduced and accepted as part of the record at this time.

Mr. FALLoN. Is there objection?

If not, it is so ordered.

Mr. CAHILL. Thank you very much, Mr. Fallon.

(The statements referred to follow:)

STATEMENT OF HON. WILLIAM H. MILLIKEN ON H.R. 7339

Mr. Chairman and other members of the committee, I am delighted to appear

here today in support of H.R. 7339, granting the consent of Congress to a

further supplemental compact or agreement between the State of New

Jersey and the Commonwealth of Pennsylvania concerning the Delaware River

Port Authority, formerly the Delaware River Joint Commission, and for

other purposes. I hope the committee will bear with me as I explain why

I feel the construction of a bridge between Chester, Pa., and Bridgeport, N.J.,

is necessary and important.

At a time when a great many of our citizens are waiting confidently for

travel to the moon to become a reality, thousands of others are looking

forward hopefully to a less spectacular type of journey. I am referring to

those who are eagerly awaiting the day when it will be possible for them to

drive their cars across a bridge between Chester, Pa., and Bridgeport, N.J.

At present, the only vehicular crossing of the Delaware River in the 30-mile

stretch between Philadelphia and Wilmington is via an antiquated ferry which

is perpetuated by State subsidies.

This ferry, in operation since the early 1930's is the lone survivor of six

ferry lines which originally served the metropolitan area. It has been less

and less of a factor in the area transportation picture. After accommodating

over a million and a half vehicles in its peak year of 1951, it has followed

a downhill course. Less than 750.000 vehicles used the ferry during 1961.

That is a drop of more than 50 percent in a 10-year period when traffic elsewhere was multiplying sharply under the impetus of record automotive regitrations.

Absence of a modern high-level bridge at this location has proven an economic

bottleneck to communities on both sides of the river. They have fallen

behind the business progress experienced all around them simply because

they were hobbled by inadequate cross-river transportation.

A few years ago, representatives of those communities asked the Delaware

River Port Authority to build a bridge as a public service. They reported

that no one else seemed interested in providing such a much-needed

facility.

The port authority, presently operates under the provisions of a compact, or

agreement, between the Commonwealth of Pennsylvania and the State of

New Jersey, part of which was approved by the Congress by Public Law 753,

82d Congress, chapter 922, 2d session.

The port authority agreed to look into the situation and engaged the transportation engineering firm of Simpson & Curtin to investigate. Their look at

population data for the two counties which would be directly served by a

Chester-Bridgeport crossing disclosed that Delaware County, Pa., had grown

220 percent in the past 40 years and promised to grow another 51 percent in

the next 40. In Gloucester County, N.J., population rose 180 percent in the

previous 40 years and another 108 percent increase was indicated. Statistics

show that at that time, Delaware County's population will be 837,000 and

Gloucester County's will be 281,000.

The engineering report on automotive registrations showed that a 420-percent

increase had occurred in Delaware County between 1930 and 1960, with another

87 percent increase in prospect by 2000. The Gloucester County gain over the

same period was 195 percent, with another 154 percent visualized.

Simpson & Curtin's report thus pinpointed the need for a Chester span.

It said that such a facility would serve existing ferry traffic, recover business

lost to the Delaware Memorial and Walt Whitman Bridges, would induce more

frequent crossings and would attract new traffic generated by the more rapid
10 THE DELAWARE RIVER PORT AUTHORITY

and intense development of the land area which would be served by a new facility..

It predicted that, with all things considered, a traffic volume of 3,620,000 vehicles could be expected in 1967 on such a span, that the figure would jump to 5,500,000 in 1970, to 7,583,000 in 1980, and to 11,400,000 in 2000.

The bridge engineering firm of Modjeski & Masters worked with highway en- gineers in both States and determined that the best site for such a crossing,

one which would provide ideal connections with existing and future highways,

was at Flower Street, Chester, the Pennsylvania terminus of the ferry, and a

point on the New Jersey shore about a half mile above the existing ferry slip. Now, the port authority compact does not permit construction or operation of

a bridge or ferry across the Delaware between Delaware County, Pa., and points in New Jersey. It mentions only Philadelphia County on the western side of the river.

To construct the required facility, the compact requires congressional amend- ment. H.R. 7339, which Congress is now being asked to approve, approves an amendment which would authorize the authority to construct a span between Delaware County, Pa., and Gloucester County, N.J. It would also permit the authority to establish and operate ferries across the Delaware River within the port district..

The legislation provides for compensation to public utilities when, under certain circumstances, the utilities are required to relocate their facilities to make way for the construction of the bridge or the establishment of a ferry. Meanwhile, the port authority has applied for a permit from the Army Corps of Engineers to construct a Chester-Bridgeport bridge and a public hearing has been held. A span with a 1,500-foot clearance was proposed and rejected. The Army has indicated it will approve a 1,600-foot clear span and port authority engineers are drafting plans for a bridge of that dimension. The larger bridge entails an increased cost of $2,750,000 and this must be weighed in the light of port authority plans to group the Chester Bridge with another proposed bridge at Delair and a rapid transit facility into a single financial project involving $155 million.

There have been a few objections to the practice of financing new bridge structures partly from revenues of present operating bridges, and I would like to make the following comments:

It is general practice to use revenues from one structure to help finance the construction of additional structures or bridges. Although there may be some merit to the thought that this should not be done, if this method of financing were not possible, we would not today be enjoying the use of many bridge and tunnel structures now available to us. Specifically, the Walt Whit- man Bridge was constructed by this means, and is today handling approxi- mately 25 million vehicles a year. The new, second Delaware Memorial Bridge, south of Wilmington, will be financed on the same basis, as is the Narrows Bridge in New York, the second deck on the George Washington Bridge, and many other structures.

Your approval of H.R. 7339 is earnestly entreated so that a Chester Bridge

can be included in the port authority's plan and built as promptly as possible to aid in the full-scale industrial and residential building program which promises to be something to see. A vote in favor will insure the construction of the bridge and further provide that the port authority may continue the ferry service under its jurisdiction until the span is completed.

STATEMENT OF CONGRESSMAN WILLIAM J. GREEN, JR., OF PENNSYLVANIA

Mr. Chairman and members of the committee, I am appearing today before

your committee to urge the approval of H.R. 7332, H.R. 7335, and H.R. 7595, companion bills to authorize congressional approval for the compact between New Jersey and Pennsylvania.

It is my understanding that all of the departments of the Federal Government having jurisdiction have approved this legislation. I can represent to the committee that almost without exception the citizens of the entire Philadelphia and Camden area, likewise, are in favor of this legislation because it will bring into being additional crossings of the Delaware River, a high-speed
THE DELAWARE RIVER PORT AUTHORITY 11

transit line and an overall improvement of the mass transportation facilities

in this metropolitan area.

The need for congressional approval arises by reason of the fact that one

of the bridges sought to be constructed will have its one terminal in Delaware

County, Pa. The other bridge, known as the Delair Bridge, is in Philadelphia

County and under previous legislation enacted by the Congress, the Delaware

River Port Authority already has authority to construct this bridge.

These three facilities will cost approximately $150 million but I am happy to

report that no Federal funds are involved and no additional taxes will be

imposed on the citizens of the area by reason of the construction of these

facilities. The cost will be met from the surplus and from revenue bonds

which will be retired through the medium of tolls paid by users of the bridges

and fares paid by the users of the transportation system. These new crossings

and this new transportation system will, in my judgment, bring a great

many new industries into the metropolitan area.

As one who has been consistently and militantly seeking out new industries

so that new job opportunities can be provided in our area, I am convinced that

this legislation is essential. I am, therefore, happy to join Congressman Cahill,

of New Jersey, and Congressman Milliken, of Delaware County, Pa., in urging

this committee to approve these bills.

STATEMENT BY SENATOR THOMAS F. CONNERY, JR.

I am presenting this statement to the House Public Works Committee to

urge favorable consideration of the legislation to permit construction of the

proposed bridge between Bridgeport, N.J., and Chester, Pa.

I can assure you that this $55 million bridge is a vital link in the economic

development and the prosperity of the entire southern New Jersey and southeastern Pennsylvania regions.

And, as the Senator from Gloucester County, the eastern terminus of the

bridge, I can tell you that the proposed bridge has the support of every major

government, civic, and business leader and organization in the area.

Under legislation I sponsored in the New Jersey Legislature, the construction

of the bridge will spell the end of the antiquated ferry service which has plied

back and forth between the two States for more than three decades.

The bridge is but one of four major projects in a $205 million transportation complex—which will not cost the taxpayer 1 cent. They include two bridges,

a high-speed transit line, and a superhighway.

We expect the southern New Jersey region to be revolutionized once this

transportation complex is completed within the next 5 years. It will create

one of the most attractive areas for industry in the country.

With the construction of the Atlantic City Expressway already underway.

two new industries have located in the area, six more are expected to move in

shortly, and many other industries are analyzing the area as a future location.

The New Jersey Highway Department has already made plans to dualize

route 322, which will carry traffic from the New Jersey side of the bridge to a

four-way interchange at the expressway. Once the expressway has been completed, you will be able to travel from Chicago to Atlantic City without pausing

for a traffic light.

Since the authorizing legislation was introduced in Congress by Representative William T. Cahill, the major objection to the bridge is on the way to

being solved.

The Delaware River Port Authority, which will build and operate the bridge,

has given assurance that it will go along with the recommendation by the U.S.

Army Corps of Engineers to have the supporting horizontal piers of the cantilever bridge 1,600 feet apart instead of the original 1,460 feet.

The authority has also given assurance that it can meet the additional cost

of between $2 and $3 million for the revision of the bridge.

Again, I regret I could not personally present this statement before the

committee; but I hope that this legislation can be given favorable consideration

and approved by both Houses of Congress as soon as possible.
12 THE DELAWARE RIVER PORT AUTHORITY

STATEMENT BY PAUL MACMURRAY, EXECUTIVE DIRECTOR, DELAWARE RIVER PORT

AUTnoarry

My name is Paul MacMurray. I am the executive director of the Delaware River Port Authority with headquarters in Camden, N.J.

The Delaware River Port Authority has determined that it can shoulder the

cost of a much-needed modern high-level bridge across the Delaware River

between Chester, Pa., and Bridgeport, N.J.

Such a span can be provided as a public service and without a penny of taxation by constructing it as part of a $155 million financial package which

would include two other projects, a bridge between northeast Philadelphia and Delair, N.J., and a rapid transit line to Kirkwood, N.J. Design work for the rapid transit line is now underway.

The Chester-Bridgeport bridge is part of that package as a result of interested

groups in two States appealing to the port authority for relief from the incon- venience of an inadequate ferry service presently operating there.

Port authority engineers investigated the need for a bridge and found that

the ferries, perpetuated by State subsidies, have been an economic bottleneck

to communities on both sides of the river. They provide the only vehicular

crossing in the 30-mile stretch of the Delaware between Wilmington and Philadelphia.

A bridge capable of unlocking the door to an era of expansion in the area was possible, the port authority found, but the proposed location in Delaware County,

Pa., was outside the port authority's field of operation.

The port authority presently operates under the provisions of a compact

or agreement between the Commonwealth of Pennsylvania and the State of

New Jersey, part of which was approved by the Congress by Public Law 753, 82d

Congress, chapter 921, 2d session, and the remainder by Public Law 574, 82d

Congress, chapter 922, 2d session.

As presently constituted and approved by Congress, the compact does not permit the construction or operation of a bridge across the Delaware River

between Delaware County, Pa., and the State of New Jersey, nor does it permit

the operation of a ferry.

The passage of H.R. 7339, would approve an amendment to the compact to permit, for the first time, the construction and operation of a bridge between

Delaware County and New Jersey and also would authorize the authority to establish and operate ferries across the Delaware River within the port district.

It also provides for compensation to public utilities when, under certain

circumstances, the utilities are required to relocate their facilities to make

way for the construction of the bridge or the establishment of a ferry.

The compact amendment makes certain other changes in the compact, among

them the addition of a provision that the port authority can segregate its mass

transit facility operation from its operation of bridges and gives it the right

to operate through subsidiary corporations.

Simpson & Curtin, the transportation engineering firm engaged by the port authortiy in its approach to the Chester-Bridgeport bridge project, has reported

that great expansion can be expected in both population and automotive registrations. A population increase of 180 percent is predicated in Gloucester County,

and a 51-percent growth in Delaware County in the next 40 years. Automotive

registrations are expected to rise 87 percent by the year 2000, in Delaware

County, and 154 percent in Gloucester County.

Their prediction is that a traffic volume of 3,620,000 vehicles can be expected

on a Chester-Bridgeport bridge by 1967, jumping to 5,500,000 by 1970, to 7,583,000

in 1980, and to 11,400,000 in 2000.

As you can see, a bridge is greatly needed. No ferry could handle that volume

of traffic.

The bridge we have proposed building on the advice of the engineering firm

of Modjeski & Masters coincides with highway planning in the two States.

Our original proposal for a permit to construct a bridge with a 1,500-foot main

span has been rejected by the Army Corps of Engineers. They have indicated

that a plan for a 1,600-foot clear opening will meet with their approval.

We have submitted a revised plan calling for a bridge of that dimension, and

expect a favorable decision.

Gentlemen, I thank you for your kindness in allowing me to appear before you

today. It has been my pleasure.
THE DELAWARE RIVER PORT AUTHORITY 13

Mr. FALLON. Mr. Cahill, this is a toll bridge, is it?

Mr. CAHILL. Yes, sir.

Mr. FALLON. And there is no objection to that from those in New

Jersey or Pennsylvania?

Mr. CAHILL. We have heard none. I can say this, Mr. Fallon:

that the $155 million package, those three items that I mentioned., will

be completely financed through the medium of bonds which will be

paid for through the tolls. So there will be no burden, as such,

upon the taxpayers, to raise the money to construct.

Mr. FALLON. Is there anyone in the room this morning opposing

any of these bills?

Thank you, Mr. Cahill, for your appearance.

Mr. Auchincloss?

Mr. AucHINcLoss. I understand that no Federal funds are involved

at all in this proposal.

Mr. CAHILL. That is correct, Mr. Auchincloss.

Mr. AUCHINCLOSS. I want to compliment the gentleman from New

Jersey for his usual clear statement which even I understood.

Mr. FALLON. Mr. Clark?

Mr. CLARK. I want to thank the gentleman, and congratulate him.

I should say I congratulate my other colleagues from the New Jersey

and Philadelphia area for having you appear before this committee.

I don't think there is a finer gentleman in the House of Representatives than you, and you certainly present your case very well.

Mr. CAHILL. Thank you.

Mr. FALLON. Mr. Auchincloss?

Mr. Au-cluNcLoss. I understand, Mr. Cahill, that there is an amendment which has been suggested to this legislation which is being

worked out and probably will be testified to later on.

Mr. CAHILL. Yes, sir.

Mr. AucHiNcLoss. It is agreeable to you, is it not?

Mr. CAHILL. Yes. Mr. Auchincloss, as I say, the purpose of the,

amendment is completely agreed to by the parties, the Commerce Department, and the port authority. There is some question of the

language. The bond counsel has suggested some minor changes which

I think will be completely satisfactory to the Commerce Department.

Mr. FALLON. We have Mr. Barton with us this morning, who will

testify with regard to this legislation and also the amendment.

Mr. KUNKEL. Mr. Chairman 

Mr. FALLON. Mr. Kunkel?

Mr. KUNKEL. I think Mr. Cahill mentioned it, but I would like to

have it show on the record that Mr. Milliken wasn't here this morning

because he happens to be confined to the hospital temporarily.

Mr. FALLON. Mr. Baldwin?

Mr. BALDWIN. Mr. Cahill, I think you have presented us with a

very helpful statement. I would like to ask a question relative to the

rapid transit proposal. What type of rapid transit system is intended

to be constructed?

Mr. CAHILL. Mr. Baldwin, I think perhaps at this moment ,it,

probably be in order, with the Chair's permission, to ask tl-w eXecutivei,

director, who is thoroughly familiar with all phases of h, to answer -

your questions along those lines.

May I present Mr. Paul MacMurray ? \A•
14 THE DELAWARE RIVER PORT AUTHORITY

Mr. MACMURRAY. Good morning, gentlemen.

Yes, Mr. Baldwin, this will be a modern, lightweight, rapid transit

facility similar to what is planned in a number of places, and quite

similar to what has been done in Cleveland, Ohio.

Mr. BALDWIN. Do I understand it correctly that these bridge tolls

that will be collected from the bridge that is contemplated would be

available for utilization in connection with the construction of the

rapid transit facility?

Mr. MACMURRAY. The port authority will make a contribution to

the high-speed facility in the amount of $25 million.

Mr. BALDWIN. What is the source of that $25 million?

Mr. MACMURRAY. It is surplus money at the present time. It came

from bridge tolls.

Mr. BALDWIN. The reason I am interested in this is, as you know,

the whole question of rapid transit is now coming to a head, and SO

each illustration is of interest to me to find out just what is contemplated. Several years ago this committee passed a bill affecting the

San Francisco Bay area, where we authorized surplus tolls from the

San Francisco-Oakland Bay Bridge to be used for the construction of

a rapid transit tube under the bay. Apparently this is somewhat comparable. You are using surplus tolls which have accumulated or you

are making them available for part of the construction of the rapid

transit facility.

Mr. MACMURRAY. That is right. It will be about 50 percent of the

cost.

Mr. BALDWIN. Where will the rest of the cost come from?

Mr. MACMURRAY. That will be through the sale of bonds. It is expected that the rapid transit will support those bonds.

Mr. BALDWIN. Would these bonds be solely for that rapid transit

facility?

Mr. MACMURRAY. No, sir. The bonds that we sell will be this package that we have explained, the three projects, the two bridges and

the high-speed line. There will be one issue for the three.

Mr. BALDWIN. Could I ask one other question?

What are the actual physical boundaries of your commission that

is, what area does it actually cover?

Mr. MACMURRAY. It depends on the activity. For bridges, it is

limited between Philadelphia County and New Jersey. For port

development, it is the area of the river from the upper reaches of Burlington County to the sea.

Mr. BALDWIN. What distance would that involve?

Mr. MACMURRAY. That would be 130 miles. It is all the counties

on the New Jersey side, but just to the Delaware line on the Pennsylvania side. For rapid transit, the area is different. In the compact,

it provides for the area within 35 miles of the center of the city of

Camden connecting to Philadelphia, so in each activity the area is

defined.

Mr. BALDWIN. I have read the report of the Department of Commerce and if I understand it correctly, apparently it is this difference

in scope in the case of the shipping facilities that causes the suggestion of the Department of Commerce to put in an amendment that

will tie this down somewhat more specifically than would otherwise be

the case.
THE DELAWARE RIVER PORT AUTHORITY 15

Mr. MACMURRAY. I don't know that, but I suppose that would be

right.

Mr. BALDWIN. I take it the position of Mr. Cahill on the amendment is likewise your position, that you feel an amendment along these

lines would be satisfactory?

Mr. MACMURRAY. We are satisfied with the amendment. We want

to be sure that we all understand what the wording means. There is

some clarity needed, we think.

Mr. BALDWIN. Thank you.

Mr. FALLON. Are there any other questions?

Mr. SCHWENGEL. I have a question on the surplus tolls.

There was a State law in operation in Illinois and the tolls would

have soon paid for the bridge, and the agreement then was that the

bridge would become a free bridge. I presume it will. Is there any

commitment or promise that has been made that this will be a free

bridge?

Mr. MACMURRAY. No, originally with one bridge it was discussed,

but under the compact we have a number of obligations, the promotion

of the river as an avenue of commerce, the promotion of mass transit

and the development of port facilities, in addition to the bridge construction and operation, so we do not expect that any of them will be

toll free for a good many years, at least.

Recently the authority conducted a survey for the need for river

crossings. At the present time there are about 68 to 69 million crossings a year. In the year 2000 that will increase to something over

158 million crossings. So we are going to need more than twice as

many bridges in the year 2000 as we have today. That is dependent,

too, upon the construction of the high-speed lines that we expect to

have by that time.

So there are going to be many things that we will need to do as time

goes on that these tolls will make possible.

Mr. SCHWENGEL. In other words, the automobile driver is going to

make possible the development of at area.

Mr. MACMURRAY. To some extent; yes, sir.

Mr. SCHWENGEL. To what extent is that going to be of benefit to

him? I wonder if this is right.

Mr. MACMURRAY. What we are speaking of mostly is for bridges,

specifically for the automobile user.

Mr. SCHWENGEL. But you are going to use this money for other

purposes.

Mr. MACMURRAY. We will use some of it on the high-speed line and

some for port facilities; that is correct.

Mr. SCHWENGEL. This committee turned down this kind of proposition that was asked for in my community on another bridge. They

felt it was not in the public interest.

Mr. MACMURRAY. These are the obligations, of course, that we have

under the compact. You understand, too, that any new project we

undertake requires new legislation. If there is any feeling of that

sort, that would be settled at that time, I am sure.

Mr. FALLON. Are there any other questions?

If not, thank you very much.

Mr. MACMURRAY. Thank you, gentlemen.

Mr. FALLON. Mr. Barton.
16 THE DELAWARE RIVER PORT AUTHORITY

STATEMENT OF FRANK L. BARTON, DEPUTY UNDER SECRETARY

FOR TRANSPORTATION (OPERATIONS), DEPARTMENT OF COMMERCE; ACCOMPANIED BY ROBERT M. O'MAHONEY, DEPUTY ASSISTANT GENERAL COUNSEL FOR TRANSPORTATION; AND DONALD L BOWER, PROGRAM OFFICER, OFFICE OF THE UNDER

SECRETARY OF COMMERCE FOR TRANSPORTATION

Mr. FALLON. Mr. Barton, will you give your name, occupation, and

position?

Mr. BARTON. I am Frank L. Barton, Deputy Under Secretary of

Commerce for Transportation. We are here, of course, to testify to

these bills, Mr. Chairman.

I have a short statement I would like to present, if I may.

Mr. FALLON. You may proceed.

Mr. BARTON. I will give my prepared statement. I think Mr. Cahill

explained the situation. The amendment necessary is fairly well

agreed to. We invited counsel for the interested parties to go up to the

Commerce Building with us after that hearing, to see if we can't work

out language that will suit everyone.

The objective, I think, is fairly well agreed upon. I will proceed

with my statement with that preamble, sir.

I appreciate the opportunity to come before your committee

'

Mr.

Chairman to discuss the Department's position on H.R. 7332, H.R.

7339, and H.R. 7595, identical bills, which would grant the consent of

Congress to a further supplemental interstate compact by the State

of New Jersey and the Commonwealth of Pennsylvania relating to the

Delaware River Port Authority.

I would like the record to show that Mr. Bower

'

of the Office of the

Under Secretary for Transportation, and Mr. O'Mahoney, of our General Counsel's Office, are here with me.

I would like to leave with the committee a statement which details

the development of existing and proposed legislation relating to the

authority. My remarks will be confined to the Department's viewpoint

on the important features of the three identical bills whch the committee is considering.

The Department of Commerce understands that the present plans

of the Delaware River Port Authority for the immediate development

of the port district provide for the construction of a new bridge between

Chester, Pa., and Logan Township, N.J. 

' 

• the operation of a ferry, if

required, over the existing route between Chester and Logan until the

proposed bridge is open to traffic • and the construction of a 10/12-mile

rapid transit line to Kirkwood, 

traffic;

as an extension to its existing

line operating over its Benjamin Franklin Bridge.

The authority reports that plans for the next three decades include

the development and construction of additional river crossings in the

vicinity of Philadelphia and Camden.

Congressional consent to the supplemental compact which specifically authorizes the Chester-Logan bridge and ferry, and clarifies

the language of an earlier authorization for the Kirkwood transit

extension, is provided by H.R. 7332, H.R. 7339, and H.R. 7595.

Authorization to construct contemplated future crossings in the

Philadelphia area was provided in the 1951 supplemental agreement
THE DELAWARE RIVER PORT AUTHORITY 17

to which the Congress gave its consent in Public Laws 82-573 and

82-574. All of these projects are in the Metropolitan PhiladelphiaCamden area and the authority has advised the Department that it has

no plans for facilities in the port district outside the PhiladelphiaCamden metropolitan area.

Under the existing compact most authorized purposes of the authority are limited mainly to specific purposes in the PhiladelphiaCamden metropolitan areas. The major exception is port purposes

for which the authority is permitted to extend its operations to the

entire 10-county port district. Although "port purposes" has been

interpreted by the authority as limited to activities or facilities related to water transportation, it would appear that under new paragraph (1) of article I on page 7, the authority could, without further

approval by the Congress, undertake a wide variety of transportation

projects anywhere in the port district, so long as such projects were

concurred in by the legislatures of both New Jersey and Pennsylvania.

Thus the Department believes that it would be possible for the

authority, under this proposed paragraph, to construct or acquire

transportation facilities at such distant points as Atlantic City or

Cape May and to combine such facilities for financing purposes with

highway bridges serving the Philadelphia metropolitan area.

On the other hand, the Chester bridge and ferry projects presently

proposed by article XII—B could be justified on the grounds that they

serve the interrelated needs of a single metropolitan area transportation scheme.

As I indicated earlier, it is understood that the authority at the

present time has no specific projects or intended undertakings which

would not be specifically authorized by provisions of the current and

previous supplements to their compact other than new article I,

paragraph (1).

Therefore

'

since the broad authority contained in paragraph (1) is

not needed at the present time and since a proposed use of it at some

time in the future might be inconsistent with the concept of limiting

bridge tolls for nonhighway purposes to transportation functions

within the same metropolitan complex, we believe the consent language to paragraph (1) of the compact should be limited through an

amendment to the bills by adding the following proviso to the one

currently proposed on pages 1 and 2 of H.R. 7332, H.R. 7339, and

H.R. 7595.

Provided further, That all future legislation enacted by either State concurred

in by legislation of the other pursuant to article I, paragraph (1), shall be submitted to the Congress for approval before such legislation becomes effective.

Subject to this amendment, the Department of Commerce would

interpose no objection to the enactment of any of these bills, and also

subject, Mr. Chairman, to the statement I made when I began my

testimony.

I stated, we have invited these gentlemen from the authority to

come to the Commerce Department with us. We thought as soon as the

hearing js over, we would start working on the language.

Mr. FALLON. Unfortunately, it is impossible to us to report the

bill from executive session without the language of the amendment.

Could we expect this back in a day or so?
18 THE DELAWARE RIVER PORT AUTHORITY

Mr. BARTON. As far as I am concerned, Mr. Chairman, we can

work it out this morning.

Mr. FALLON. I do not know that we can have an executive session

today because of certain legislation on the floor and another committee

meeting this afternoon.

Mr. BARTON. Could I ask that a supplemental letter might be included in the record?

Mr. FALLON. Without objection, it is so ordered.

(Supplemental statement referred to follows:)

STATEMENT OF FRANK L. BARTON, DEPUTY UNDER SECRETARY OF COMMERCE FOR

TRANSPORTATION ( OPERATIONS ) , To SUPPLEMENT TESTIMONY BEFORE THE COMMITTEE ON PUBLIC WORKS, HOUSE OF REPRESENTATIVES, NOVEMBER 13, 1963,

REGARDING H.R. 7332, H.R. 7339, AND H.R. 7595

Mr. Chairman and members of the Public Works Committee, this statement

supplements oral testimony relative to the Department's position on H.R. 7332,

H.R. 7339, and H.R. 7595, identical bills:

"Granting the consent of Congress to a further supplemental compact or

agreement between the State of New Jersey and the Commonwealth of Pennsylvania concerning the Delaware River Port Authority, formerly the Delaware

River Joint Commission, and for other purposes."

By an act approved February 15, 1921 (41 Stat. 1101 ) , the consent of Congress

was granted to the Delaware River Bridge Joint Commission to construct a

bridge across the Delaware River between Philadelphia and Camden, in accordance with the provisions of the General Bridge Act of 1906 (33 U.S.C.

491-498). This act provides, among other things, for the prior approval of

the location and plans of the proposed bridge and for the regulation of bridge

tolls by the Secretary of the Army, but does not limit the time during which

tolls may be charged. This bridge was completed in 1926. It is now known

as the Benjamin Franklin Bridge and provides eight lanes of vehicular traffic

and two rail tracks over which rapid transit cars operate.

The initial compact, to which these bills relate, was entered into by Pennsylvania and New Jersey on July 1, 1931, and the consent of Congress, given by

a joint resolution approved June 14, 1936 (47 Stat. 308), created the Delaware

River Joint Commission, for the following principal purposes:

(1) The operation and maintenance of the existing Benjamin Franklin

Bridge; and

(2) The establishment, operation, and maintenance of railroad or other

faciilties for transporting passengers across said bridge, including extensions

thereof in the cities of Philadelphia and Camden.

By two acts approved July 17, 1952 (66 Stat. 738, 747) the consent of Congress

was given to two supplemental agreements made by the States in August 1951

to amend the 1931 compact. These acts amended 6 of the 13 articles of the

original compact to enlarge the jurisdiction and scope of the organization.

The major changes enacted in 1952 include—

(1) Changing the name of the interstate organization from Delaware

River Joint Commission to Delaware River Port Authority (art. I) ;

(2) Defining the "port district" area as Delaware and Philadelphia Counties in Pennsylvania and eight counties in New Jersey comprising in general all of the State south of Trenton and including large sections of the

Atlantic Ocean coastline and the Delaware River and Bay coastlines (art.

XIII). However, the area in which the bridges or tunnels may be acquired

or constructed on the west bank of the Delaware River is limited by this

supplement to the city of Philadelphia (art. I, sec. (f ) ) ;

(3) Authorizing the establishment, construction, operation, and maintenance of a rapid transit system across authority bridges or tunnels,

within the cities of Philadelphia and Camden and within a 35-mile radius

of Camden (art. I, sec. (b) and (j) ) ;

(4) Authorize the construction of the Walt Whitman Bridge (completed

in 1956) by adding a new article, XII—A ;

(5) Authorizing the purchase of the Tacony-Palmyra Bridge (art. XII) ;

(6) Authorizing the construction, acquisition, operation, maintenance, and

ownership of bridges and tunnels across the Delaware—but as noted earlier—
THE DELAWARE RIVER PORT AUTHORITY 19

limited to the area between the city of Philadelphia and the State of New

Jersey (art. I, sec. (f) ) ;

(7) Authorizing the construction, acquisition, maintenance, or operation

of projects for the improvement and development of the port district for port

purposes, or purposes directly related thereto (art. I, sec. (c) ) ; and

(8) Vacating the requirements of section 506 of the General Bridge Act

of 1906 and enlarging the authority's financing authorization to (see. 3,

66 Stat. 746 and 751) :

(a) Permit the joint financing of two or more bridges or tunnels;

( b) Authorize the pooling of revenues from highway bridges and tunnels with authorized nonhighway transportation facilities;

(c) Fix the rates of tolls and other charges for the use of its bridges

and tunnels; and

(d) Extend the 30-year period during which bridge tolls may be

'charged under the General Bridge Act to 50 years from the date of the

opening to traffic of the bridge latest constructed or acquired.

In June of 1963 the Governors of New Jersey and Pennsylvania signed a further supplemental agreeemnt to this compact to revise article I and to add a

new article XII—B. The major changes which this current supplement would

makes and to which the enactment of H.R. 7332, H.R. 7339 and H.R. 7595 would

give congressional consent are—

(1) Enlargement of the area in which the authority can acquire or build

bridges and tunnels across the Delaware by adding Delaware County, Pa., to

the authorization (presently restricted to the city of Philadelphia) (revised

see. (f) of art. I of the bills) ;

(2) Specific authority to construct, operate, and maintain a vehicular

bridge between Chester (Delaware County), Pa., and Logan Township, N.J.

(proposed sec. (1) of new art. XII—B) ;

(3) Authority to establish, construct, acquire and operate ferries for

passengers and vehicular traffic over and across the Delaware River within

the port district (proposed sec. (2) of new art. XII—B) ;

(4) Revised wording to clarify the existing provisions for the planned

extension of rapid transit facilities (revised sec. (j) of art. I) ; and

(5) Broad authority to undertake such additional purposes, covering a

wide variety of transportation projects anywhere in the port district, as

the legislatures of both States may delegate or impose (proposed new sec.

(1) added to art. I).

The first section of these three bills contains a provision to the effect that

nothing in the supplemental compact shall be construed to affect, impair, or

diminish any right, power, or jurisdiction of the United States In regard to any

navigable waters, any foreign or interstate commerce, or any bridge, railroad,

highway or other facility. In the body of the supplemental compact, paragraph

(4) of proposed new article XII—B provides that approach roads for bridges and

ferries authorized under such article must be approved by the highway departments of Pennsylvania and New Jersey. This would appear adequate to protect

pertinent Federal highway programs.

Section 2 of these bills would construe the provisions of the 1952 supplements

to the compact as applying to the current supplement. Thus, this section would

give the consent of Congress to the financing of the additional facilities provided

in the 1963 supplement through the same pooling of funds and extension of the

toll-collecting periods described earlier as permissible for presently authorized

facilities.

H.R. 7332, H.R. 7339, and H.R. 7595 would amend article I of the compact

by enlarging the authorized public purposes which the authority is permitted

to effectuate. This is done by consenting to the addition of a new paragraph,

(1), of article I (p. 7) as follows:

"(1) The performance or effectuation of such additional bridge, tunnel, railroad, rapid transit, transportation, transportation facility, terminal, terminal

facility, and port improvement and development purposes within the port district as may hereafter be delegated to or imposed upon it by the action of either

State concurred in by legislation of the other."

The authority has indicated that the addition of this paragraph is not required

for the prosecution of any specific projects at this time.

Mr. FALLON. Are there any questions?

Mr. Ryan?
N.

20 THE DELAWARE RIVER PORT AUTHORITY

Mr. RYAN. I would like to ask what are the amounts of the tolls

to be charged, if they are already determined?

Mr. BARTON. We at Commerce will not handle tolls, sir. The gentlemen present who will handle the project can probably give you an

answer to that.

Mr. CAHILL. I can answer that, Mr. Ryan.

The present tolls are 25 cents and they will be continued on the Delair. There will be a toll of 35 cents proposed for the second crossing

at Chester, Pa., to Gloucester County, N.J.

Mr. RYAN. Over how large of a span of water will these bridges

cross?

Mr. CAHILL. It is the Delaware River. Do you mean the exact width

of it?

Mr. RYAN. HOW wide is it?

Mr. MACMURRAY. Delair is somewhat less than a half mile and Chester somewhat more than a half mile.

Mr. BLATNIK. This is not part of the Interstate System but it does

link the Interstate System; is that correct?

Mr. CAHILL. That is correct.

Mr. FALLON. Mr. Auchincloss ?

Mr. AucHiNcLoss. Mr. Barton, you say in your statement that the 

Department of Commerce would interpose no objection to the enactment of any of these bills. Am I to understand from that statement

that you are very much in favor of these bills, with the amendment?

Mr. BARTON. With the amendment proposed one might say we are

in favor of it.

Mr. BALDWIN. Mr. Chairman?

Mr. FALLON. Mr. Baldwin.

Mr. BALDWIN. I would like to follow up the question about the relationship of these bridges to the Federal Interstate System.

The existing bridge between Philadelphia and Camden, is that on

a Federal-aid route at the present time, and, if so, what type of a

Federal-aid route?

Mr. BARTON. Mr. Bower will answer that, Mr. Baldwin.

Mr. BOWER. The existing Benjamin Franklin and Walt Whitman

Bridges between Philadelphia and Camden are on Federal-aid Interstate Routes SOS and 680, respectively, and the proposed bridge between

Chester and Logan would serve U.S. Route 322.

Mr. BALDWIN. That would not be interstate but a regular 50-50 Federal-aid-type route?

Mr. BOWER. No. While it carries a U.S. route designation, the highway serving the Chester-Logan Ferry is not eligible for Federal-aid

funds.

Mr. BALDWIN. I saw a negative head shaking about whether or not

the Philadelphia-Camden Bridge is on a Federal interstate route.

Mr. MACMIIRRAY. That is Route 30, gentlemen, and there is, of

course, no aid to any of these bridges. I understand that is not an

interstate bridge although it will connect into a north-south freeway

at Camden which is an interstate.

Mr. BALDWIN. I understand the bridges themselves would not be

federally aided. I just wanted to find out what the routes are, whether

they are interstate routes or State primary routes that are in the Federal-aid program.
THE DELAWARE RIVER PORT AUTHORITY 21

Mr. MACMIIRRAY. I don't know that I can answer that.

Mr. BOWER. To distinguish between U.S. route designations and eligibility for Federal aid, the Benjamin Franklin Bridge carries U.S.

Route 30 and Interstate Route 80S and the highways approaching the

bridge are eligible for 90-percent Federal financing.

Mr. BALDWIN. The present bridge?

Mr. BOWER. Yes sir.

Mr. BALDWIN. And the others would then be related to this? The

other bridges that are proposed would likewise be related to these federally aided routes?

Mr. BOWER. For pooling the tolls they would be related; yes.

Mr. BALDWIN. I do not mean for pooling the tolls. I mean are they

going to be connected with Federal-aid routes?

Mr. BOWER. The highways connecting the two existing bridges are

Federal-aid interstate routes, but those connecting the proposed Chester-Logan site are State routes.

Mr. MACMURRAY. I think I can help there, gentlemen.

Yes; they will connect to interstate Federal-aid roads on both sides

of all the bridges.

Mr. BALDWIN. Thank you.

Mr. MACMI7RRAY. But there will be no aid to these bridges.

Mr. BALDWIN. I understand that.

Thank you.

Mr. CAHILL. Mr. Chairman, may I add to the statement I made in

response to Mr. Ryan's question?

I have been informed, Mr. Ryan, that where the Chester Bridge is

to be constructed, where the toll will be 55 cents, there is presently only

ferry service to transport the people between the two States, and that

the fare on the ferry at the present time is 55 cents, plus an additional

5 cents for every passenger in the car beyond the driver. So there

will be a substantial reduction in the tolls when the new bridge is

completed.

Mr. BLATNIK. And the new bridge will be replacing the present existing ferry?

Mr. CAHILL. That is right, Mr. Blatnik.

Mr. FALLON. Are there any other questions?

Mr. SCHWENGEL. Getting back to these tolls, is there any assurance

that these will ever be free bridges? Was there ever a promise like

this made when the authority was granted?

Mr. CAHILL. I think the bond counsel, Mr. Schwengel, may be able

to answer that question.

Mr. FALLON. What is the bond counsel's name?

Mr. WOHLFORTH. I am Eric Wohlforth, of New York City.

The present congressional consent of 1951, which is still continued

in operation, provides that the toll shall cease at the expiration of a

50-year period after the latest bridge constructed under the terms of

the consent and thereafter shall be limited to costs of operation and

maintenance.

Mr. SCHWENGEL. There will be no free bridge there for many, many

years to come, then, actually.

Mr. FALLON. Are there any other questions?

If not, thank you very much, Mr. Barton. Thank you, gentlemen.
22 THE DELAWARE RIVER PORT AUTHORITY

Are there any other witnesses here this morning who would like

to testify?

Are there any witnesses who would like to have a statement inserted

into the record at this time?

If not, the committee will adjourn, awaiting the language of the

amendment to be incorporated into the bill before we take final action.

Mr. Auchincloss would like to have your attention for a moment

before we adjourn.

Mr. A-crcHiNcLoss. Mr. Chairman, in an attempt to expedite this

matter, could we have counsel notify the committee about the amendment if it is agreeable to counsel, so that we can act on the bill quickly?

Mr. FALLON. As I understand, they have not agreed on the language

for the amendment as yet. They are going to get together this

morning to see if they can get language that is agreeable and which

will do this job intended to be done. So when the language is sent

back to the committee, I think we may be able to go into executive

session and agree on one of the bills that have been introduced.

(The language of the amendment is contained in the following letter

from the General Counsel of the Department of Commerce:)

GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE,

Washington, D.C., November 19, 1963.

Hon. CHARLES A. BUCKLEY,

Chairman, Committee on Public Works,

House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: This is in further reply to your request for the views

of the Department of Commerce concerning H.R. 7332, H.R. 7339, and H.R. 7595, identical bills granting the consent of Congress to a further supplemental compact

or agreement between the State of New Jersey and the Commonwealth of Pennsylvania concerning the Delaware River Port Authority, formerly the Delaware

River Joint Commission, and for other purposes.

The Department first submitted comments on these bills in its letter to you

of October 11, 1963. In this letter, the Department suggested an addition to the

consent language in section (1) of the bill to reserve congressional consent to

purposes other than those authorized by article I, paragraph (1). The proviso initially suggested was as follows:

"Provided further, That all future legislation enacted by either State concurred in by legislation of the other pursuant to article I, paragraph (1), shall be

submitted to the Congress for approval before such legislation becomes effective."

On November 13, 1963, the Deputy Under Secretary of Commerce for Transportation (Operations), Mr. Frank L. Barton, testified before your committee and

presented a supplementary statement regarding these bills. Just prior to the hearing before your committee, Mr. Barton discussed the Department's position

with representatives of the Delaware River Port Authority. It was determined

that the Department and the authority were in complete agreement regarding the

objective of an amendatory proviso regarding consent on the paragraph (1) of

article I. The authority's representatives, however, questioned the wording of

the Department's suggested proviso because of the possibility that the reservation

might also be interpreted as applying to some purposes authorized in paragraphs

( a) through (k) of article I and in articles XII—A and XII—B inasmuch as

several important projects planned under purposes in these other parts of the

compact still require the enactment of legislation by one or both States.

Congressman Cahill, Mr. Barton, and representatives of the authority explained

in their testimony to your committee that the Department's and the authority's

representatives had agreed to meet directly after the hearings in order to revise

the wording of the amendatory proviso. The revised proviso worded in a manner

that would clarify the consent reservation to make clear that it would apply

only to such activities that were authorized solely by paragraph (1) of article

I is as follows:

"Provided further, That nothing in this act shall be construed as granting the

consent of Congress in advance to the performance or effectuation of any purposes
THE DELAWARE RIVER PORT AUTHORITY 23

set forth in Article I, paragraph (1) not now otherwise permitted or provided for

under the 'Agreement between the Commonwealth of Pennsylvania and the State

of New Jersey creating The Delaware River Joint Commission as a body corporate and politic and defining its power and duties,' which was executed on

behalf of the Commonwealth of Pennsylvania by its Governor on July first, one

thousand nine hundred and thirty-one, and on behalf of the State of New Jersey

by the New Jersey Interstate Bridge Commission by its members on July first,

one thousand nine hundred and thirty-one, and which was consented to by the

Congress by Public Resolution Number twenty-six, being chapter two hundred

fifty-eight of the Public Laws, Seventy-second Congress, approved June fourteenth, one thousand nine hundred and thirty-two, as heretofore amended and

supplemented and as amended and supplemented by the supplemental compact

or agreement hereby consented to."

The Department would interpose no objection to the enactment of one of these

identical bills if amended by the addition of the above proviso.

The Bureau of the Budget advised that there would be no objection to the submission of this report from the standpoint of the administration's program.

A copy of this letter is being forwarded to the Delaware River Port Authority

in order that they might submit to you their comments on the suggested amendatory proviso.

Sincerely,

(S) LAWRENCE JONES, Acting General Counsel.

Mr.FALLON. The committee will stand adjourned.

( Whereupon, at 11 a.m., the committee adjourned, subject to call.)