Chapter 3075. To empower the Secretary of War, under certain restrictions, to authorize the construction, extension, and maintenance of wharves, piers, and other structures on lands underlying harbor areas and navigable streams and bodies of waters in or surrounding Porto Rico and the islands adjacent thereto
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CHAP. 3075.— An Act To empower the Secretary of War, under certain restrictions, to authorize the construction, extension, and maintenance of wharves, piers, and other structures on lands underlying harbor areas and navigable streams and bodies of waters in or surrounding Porto Rico and the islands adjacent thereto. June 11, 1906. [[H. R. 18502](/us/bill/34/hr/18502).] [[Public, No. 221](/us/pl/34/221).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Porto Rico.Construction of wharves, etc., authorized.
That the Secretary of War be, and he is hereby, empowered, subject to the restrictions and under the conditions hereinafter mentioned, to authorize the construction, extension, and maintenance of any wharf, pier, dolphin, boom, weir, breakwater, sea wall, bulkhead, jetty, or other structure on any of the lands belonging to the United States which underlie the harbor areas and navigable streams and bodies of waters in or surrounding Porto Rico and the islands adjacent thereto and the filling in and dredging of such lands.
Sec. 2. Import of the word “person;”That the word “person” as used in this Act shall be construed to import, either the singular or the plural, as the case demands, and shall include individuals, municipalities, quasi-municipal corporations. corporations, companies, and associations. 235 Sec. 3. That the powers granted in the foregoing sections shall beRestrictions. subject, however, to the following restrictions:
(a)No authorization to any person to construct, extend, or maintainTime limit for construction, etc. any such structure shall continue for a longer period than the period set forth in such authorization, and shall provide that the GovernmentRight to purchase improvements reserved. of the United States or with the approval of the Secretary of War the government of Porto Rico shall have the right at any time after the expiration of thirty years from the date of such authorization, and after three months’ notice, to take any such structure from the owner thereof upon paying the value of the same at the time it shall be so taken, and the amount paid shall not exceed the original costPayment of original cost.Commission to determine value. of the same as may be fixed under paragraph
(f)hereof. In case the Government of the United States or the government of Porto Rico, exercising the right of purchase as aforesaid should claim that the value of the structure when seized and taken is less than its original cost, the extent of deterioration or diminution from the original value shall be determined by a board or commission of four members, two of whom shall be appointed by the Secretary of War for the Government of the United States or by the Governor of Porto Rico for the government of Porto Rico as the case may be and two by the owner of such structure. If the four members thus chosen and appointedSelection of referee. shall not be able to agree, they shall choose by mutual agreement a referee, whose decision shall be final, but in no case shall the amountMaximum purchase price. to be paid exceed the original cost as fixed under the provisions of said paragraph (f). If the four members thus chosen and appointedFailure to select referee. are unable by mutual agreement to select a referee, then the Chief of Engineers of the United States Army shall be the referee, and his decision shall be final. All authorizations granted by the Secretary of War for any such construction, extension, or maintenance
(b)Shall be subject to alteration, amendment, or repeal by Congress;Authorizations subject to amendment, etc.Wharfage fees, etc.
(c)Shall provide that the wharfage fees and charges for vessels, for passengers, and for goods loaded or discharged on, from, at, or over any such structure, and for approach and entry to any such structure, shall be no greater than are just, reasonable, and fairly remunerative, and for that purpose shall at all times be subject to regulation and revision by the said Secretary of War; that such fees and charges shall be the same for all persons, and all persons shall have equal right to approach, enter, and use the said structure, subject to such reasonable rules and regulations as the grantee thereof may establish, all of which rules and regulations shall be subject to revision by the Secretary of War;
(d)That all necessary dredging in or in connection with the saidDredging. structure, or the use thereof, shall be made by the grantee of the authorization;
(e)That such authorization shall be null and void unless actualTime of construction. construction shall be commenced within one year from the date of such authorization by the Secretary of War, and completed within three years from the date of such authorization, or within such lesser periods as may be therein fixed: *Provided,* That the Secretary of War may*Proviso.*Extension of time. for due cause shown extend the time for the completion of such construction for a reasonable period.
(f)That duly verified accounts of expenditure for the construction,Accounts. extension, or improvement of such structure shall be exhibited to, and filed with, the United States army engineer at the city of San Juan, Porto Rico, who shall report to the Secretary of War the entire cost of such structure, extension, or improvement to be built under such authorization.
(g)That the said structure shall not be sublet, sold, transferred, orSubletting, etc., restricted. assigned, nor shall the authorization therefor be granted, sold, trans-236ferred, or assigned without the consent of the Secretary of War, nor in any case to a person engaged, directly or indirectly, in the same line of business, in the same harbor area, navigable stream, or body of water, and that any grant, subletting, sale, transfer, or assignment in violation hereof shall be null and void;
(h)Rights of United States vessels.That any and all vessels owned or chartered by the United States Government shall in ease of any emergency, or in time of war, have prior right, free of charge, to the use of any such structure; and
(i)Further restriction.Shall contain such further restrictions as the Secretary of War may see fit to impose therein. Sec. 4. Grantee must control shore end approaches.That no such authorization by the Secretary of War shall be granted to any person unless the applicant therefor shall first furnish to the Secretary of War satisfactory proof either that he (or it) is the owner or lessee of the approaches to the shore end of the proposed structure, with the right to use the same in connection therewith, or that he (or it) is the owner of a franchise granting the right to use said Plans, etc.approaches in connection with such proposed structure. Every application to the Secretary of War for any such authorization shall be accompanied by plans and specifications for such structure, extension, or improvement, which said plans and specifications shall be submitted to, and approved by, the Chief of Engineers of the United States Army before the granting of any such authorization by the Secretary of War, and such plans and specifications shall not be deviated from in any such structure, extension, or improvement without the written consent, first obtained, of the said Chief of Engineers. Sec. 5. Prior rights not affected.That nothing herein contained shall be so construed as to affect legal or equitable rights, if any, existing at the date of the approval of this Act which were acquired by the government of Porto Rico or any other party under any contract, lease or license, for the construction, extension, improvement, or maintenance of any such structure, granted by the United States authorities prior to the approval of this Act. Approved, June 11, 1906.