Chapter 155. Making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes
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CHAP. 155.— An Act Making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. July 18, 1918. [[H. R. 10069](/us/bill/65/hr/10069).] [[Public, No. 200](/us/pl/65/200).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, River and harbor appropriations. That the following sums of 905money be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to be immediately available, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers, for the construction, completion, repair, and preservation of the public works hereinafter named:
Boston Harbor, Massachusetts: For maintenance, $40,000.Boston, Mass. Pollock Rip Shoals, harbor of refuge at Nantucket, New BedfordPollock Rip Shoals, etc., Mass. and Fairhaven Harbors, Fall River Harbor, and Taunton River, Massachusetts: For maintenance, $15,000. Providence River and Harbor, Pawtucket River, Newport Harbor,Providence, etc., R.I. harbors of refuge at Point Judith and Block Island, entrance to Point Judith Pond, and Great Salt Pond, Block Island, Rhode Island:
For maintenance, $10,000. Stonington and New London Harbors, Connecticut; PawcatuckPawcatuck River, R. I. and Conn. River, Rhode Island and Connecticut; and Mystic and Thames Rivers, Connecticut: Continuing improvement of Pawcatuck River, $2,500. Connecticut River above and below Hartford, Connecticut: ContinuingConnecticut River, Conn. improvement and for maintenance below Hartford, $15,000. Duck Island, Branford, New Haven, Milford, Bridgeport, Southport,Long Island Sound harbors, etc., Conn.
Norwalk, Five Mile River, Stamford, and Greenwich Harbors, Westport Harbor and Saugatuck River, breakwaters at New Haven, and Housatonic River, Connecticut: For maintenance, $22,000. East River, New York: Continuing improvement, $2,200,000.East River N.Y. Hell Gate Channel. And the Secretary of War is hereby directed to prosecute the work of improvement with a view to securing a depth of forty feet in the channel through East River and Hell Gate as soon as practicable. Hudson River Channel, New York Harbor, New York:
ContinuingNew York Harbor, N. Y. improvement, $200,000. Burlington Harbor, Vermont; Plattsburg and Port Henry Harbors,Lake Champlain, N. Y. and Vt., etc. New York; and Narrows of Lake Champlain, New York and Vermont: Continuing improvement of Narrows of Lake Champlain, $200,000. New York Harbor, New York: For maintenance and for continuing Channel, Staten Island and Hoffman and Swinburne Islands.improvement of channel between Staten Island and Hoffman and Swinburne Islands, $75,000.
Newtown Creek, New York: For maintenance, $15,000.Newtown Creek, N. Y. Mattituck Harbor, New York: For maintenance, $5,000.Mattituck Harbor, N. Y. Keyport and Shoal Harbors, Woodbridge, Cheesequake, Matawan,New Jersey harbors, rivers, etc. and Compton Crocks, Elizabeth, Raritan, South, and Shrewsbury Rivers, and Raritan Bay, New Jersey: For maintenance, $10,000. Delaware River, Pennsylvania, New Jersey, and Delaware: ContinuingDelaware River. Philadelphia to the sea. improvement and for maintenance from Allegheny Avenue, Philadelphia, to the sea, $1,100,000; completing improvement aboveAt Trenton.
Lalor Street, Trenton, $150,000; in all, $1,250,000. Schuylkill River, Pennsylvania: Continuing improvement, $300,000.Schuylkill River, Pa. Cold Spring and Absecon Inlets, Absecon and Tuckerton Creeks,Cold Spring Inlet, etc., N. J. and Toms River, New Jersey: For maintenance, $20,000. Wilmington Harbor, Delaware: For maintenance, $50,000.Wilmington, Del. Waterway on the coast of Virginia: For maintenance, $1,000.Virginia waterway. Baltimore Harbor and Channels, Maryland: Continuing improvementBaltimore, Md. and for maintenance, $300,000.
Rockhall, Queenstown, Claiborne, Tilghman Island, Cambridge,Maryland eastern shore harbors, creeks, etc. and Crisfield Harbors, Elk and Little Elk, Chester, Corsica, Choptank, Tuckahoe, Warwick, La Trappe, Tred Avon, Wicomico, Mano kin, and Pocomoke Rivers, Slaughter, Tyaskin, and Broad Creeks, Twitch Cove and Big Thoroughfare River, and Lower Thoroughfare, Deal Island, Maryland; Nanticoke River (including Northwest Fork), Delaware and Maryland; and Broad Creek River, Delaware:
For maintenance, $3,000. 906 Potomac River, etc., Md., D. C., and Va.Potomac River, at Washington, District of Columbia, at Alexandria, Virginia, and at Lower Cedar Point, Maryland; Anacostia River, District of Columbia; Occoquan, Aquia, Upper Machodoc, and Nomini Creeks, Virginia: For maintenance, $11,000. Norfolk, Va.Norfolk Harbor and Channels, Virginia: Continuing improvement and for maintenance, including channel to Newport News, $1,940,000. James, etc., Rivers, Va.James, Nansemond, Pagan, and Appomattox Rivers, Virginia:
For maintenance and for completion of the diversion channel at Petersburg, $50,000. Waterway, Norfolk to Beau fort Inlet, N. C. *Proviso*. Changes.Waterway from Norfolk, Virginia, to Beaufort Inlet, North Carolina: Continuing improvement, $500,000: *Provided*, That the Secretary of War may, in his discretion, make such minor changes in the location of the waterway as he may deem advisable in the interests of navigation. Manteo Bay, etc., N. C.Manteo Bay, Scuppemong, Pamlico, Tar, South, Bay, Neuse, and Trent Rivers, Fishing, Contentnea, Swift, and Smith Creeks, and waterway connecting Swan Quarter Bay with Deep Bay, North Carolina:
For maintenance, $19,200. Beaufort, waterways, etc., N. C.Beaufort and Morehead City Harbors, Beaufort Inlet, waterway from Pamlico Sound to Beaufort Inlet, waterway connecting Core Sound and Beaufort Harbor, and inland waterway Beaufort to Jacksonville, North Carolina: For maintenance, $13,000. Cape Fear River, etc., N. C.Northeast, Black, and Cape Fear Rivers, North Carolina: For maintenance, $42,000; continuing improvement of Cape Fear River above Wilmington, $40,000; in all, $82,000.
Winyah Bay, etc., S. C.Winyah Bay, Waccamaw, Little Peedee, and Great Peedee Rivers, South Carolina: For maintenance, $50,000; continuing improvement of Winyah Bay, $50,000; in all, $100,000. Waterways, Charleston and Alligator Creek, S. C.Waterways between Charleston and Alligator Creek (opposite Mc Clellan ville), South Carolina: For maintenance, including branch to Morrisons Landing, $5,000. Charleston, S. C.Charleston Harbor and Channels, South Carolina: Continuing improvement and for maintenance, $110,000; for improvement to provide a channel forty feet deep and one thousand feet wide, extending from the sea to the Charleston Navy Yard, $1,500,000: *Provided*, *Proviso*.
Condition. *Ante*, p. 725.That this work shall not be undertaken until the proposed new dry dock at this navy yard, carrying a depth of forty feet of water over the blocks, has been authorized; in all, $1,610,000. Savannah River, etc., Ga.Savannah Harbor, and Savannah River, below, at, and above Augusta, Georgia: For maintenance, $100,000. Sapelo, Cowhead River, etc., Ga.Sapelo and Darien Harbors, Cowhead and Satilla Rivers, and Fancy Bluff Creeks, Georgia; and Saint Marys River, Georgia and Florida:
For maintenance, $4,000. Altamaha River, etc., Ga.Altamaha, Oconee, and Ocmulgee Rivers, Georgia: Continuing improvement and for maintenance, $40,000. Brunswick, Ga.Brunswick Harbor, Georgia: For maintenance, $20,000. Indian River, etc., Fla.Indian River, Saint Lucie Inlet, Miami Harbor (Biscayne Bay), and Harbor at Key West, Florida: For maintenance, $20,000. Key West, Fla. “Middle Ground” Channel, etc.Key West Harbor, Florida: For improvement by deepening to a depth of twenty-six feet where necessary and by removal of what is commonly known as the “Middle Ground” to a width of eight hundred feet, in accordance with the report submitted in House Document Numbered One hundred and eighty-five, Sixty-fifth Congress, *Proviso*.
Contracts, etc.First session, $150,000: *Provided*, That authority to enter into contract in an amount not to exceed $232,700, the full amount of the estimate, if satisfactory bids are received, or to purchase, contract, or hire a suitable dredging plant, and do the work therewith, is hereby given, if it is found that an advantageous contract can not be made. Kissimmee River, etc., Fla.Kissimmee, Caloosahatchee, Orange, Anclote, Crystal, Withla coochee, and Suwannee Rivers, Charlotte Harbor, Sarasota Bay, and 907Clearwater Harbor and Boca Ceiga Bay, Florida:
For maintenance, $4,000. Tampa and Hillsboro Bays, Saint Petersburg Harbor, Hillsboro andTampa and Hillsboro Bays, etc., Fla. Manatee Rivers, Florida: For maintenance, $20,000; continuing improvement of Hillsboro Bay, $300,000; in all, $320,000. Removing the water hyacinth, Florida: For the removal of theWater hyacinth. Removing from Florida waters. water hyacinth from the navigable waters in the State of Florida, in so far as it is or may become an obstruction to navigation, $8,000.
Carrabelle Bar and Harbor, Apalachicola, Saint Joseph and Saint Chipola River, etc., Fla., Ga., and Ala.Andrews Bays, Apalachicola and Chipola Rivers, and channel from Apalachicola River to Saint Andrews Bay, Florida; Flint River, Georgia; and Chattahoochee River, Georgia and Alabama: For maintenance, including the cut-off, Lee Slough, lower Chipola River, and upper Chipola River from Marianna to its mouth, $9,000. Holmes and Blackwater Rivers, Florida: Choctawhatchee, Escambia, Choctawhatchee River, etc., Fla. and Ala.and Conecuh Rivers, Florida and Alabama; the narrows in Santa Rosa Sound, and Pensacola Harbor, Florida:
For maintenance, $17,000. Mobile Harbor and Bar, and channel connecting Mobile Bay andMobile, Ala. Mississippi Sound, Alabama: For maintenance, $160,000; continuing improvement of Mobile Harbor and Bar, $340,000; in all, $500,000. Gulfport Harbor, Mississippi: Continuing improvement and for Gulfport, etc., Miss.maintenance of anchorage basin at Gulfport and channel therefrom to the anchorage or roadstead at Ship Island, and for the improvement and maintenance of channel at Ship Island Pass, $80,000.
Pascagoula, Wolf, Jordan, Pearl, and East Pearl Rivers, and BiloxiPascagoula River, etc., Miss. Harbor, Mississippi: For maintenance, $15,000. Passes at the mouth of the Mississippi River: Continuing improvementMississippi River passes. and for maintenance, $1,700,000. Waterway from the Mississippi River to the Sabine River, Louisiana:Waterway, Mississippi and Sabine Rivers, La. Project modified. The project for the improvement of the section from the Mermentau River to the Sabine River, Louisiana and Texas, is hereby modified in accordance with the report submitted in House Document Numbered Nine hundred and nineteen, Sixty-fifth Congress, second session, and subject to the conditions set forth in said document.
Bayous Vermilion, Nezpique, des Cannes, Plaquemine Brule, and Bayou Vermilion, Mermentau River, etc., La.Queue de Tortue, Mermentau River, and Calcasieu River and Pass. Louisiana: For maintenance, including channel, bay, and passes or Bayou Vermilion, and tributaries of Mermentau River, $5,000. Removing the water hyacinths, Alabama, Mississippi, Louisiana,Water hyacinth. Removing, Alabama, Mississippi, Louisiana, and Texas. and Texas: For the removal of the water hyacinth from the navigable waters in the States named in so far as it is or may become an obstruction to navigation, $20,000.
Galveston Harbor, Galveston Channel, Port Bolivar Channel,Galveston, Tex., channels, etc. Texas City Channel, and Houston Ship Channel, Texas: For maintenance, $100,000; continuing improvement by construction of seawall extension to protect Galveston Channel, $200,000; in all, $300,000. The unexpended balances of appropriations heretoforeUse of balances. made for the improvement of Galveston Harbor are hereby made available for improvement in accordance with the report submitted in House Document Numbered Seven hundred and fifty-eight, Sixty-fifth Congress, second session.
Harbor at Sabine Pass and Port Arthur Canal, Sabine-NechesSabine Pass., etc., La. and Tex. Canal, and Johnsons Bayou, Louisiana and Texas: For maintenance, $20,000. Red and Sulphur Rivers, Arkansas and Texas, and Cypress BayouRed River, etc., Ark., Tex., and La. and Waterway between Jefferson, Texas, and Shreveport, Louisiana: For maintenance, $5,000. Red, Black, Ouachita, Tensas, Boeuf, and Saline Rivers, andRed River, etc., Ark. and La. Bayous Maçon, Bartholomew, D’Arbonne, and Corney, Arkansas and Louisiana:
For maintenance, $70,000; continuing improvement 908of Ouachita River by construction of locks and dams heretofore authorized, $100,000; in all, $170,000. Yazoo River, etc., Miss.Yazoo River and tributaries, Mississippi: For maintenance, including Yazoo, Tallahatchie, Coldwater, and Big Sunflower Rivers, Tehula Lake, Steele and Washington Bayous, Lake Washington, and Bear Creek, $25,000. Black, Current, etc., Rivers, Ark. and Mo.Black and Current Rivers, Arkansas and Missouri;
White, Saint Francis, and L’Anguille Rivers, and Blacklish Bayou, Arkansas: For maintenance, $5,000. Mississippi River. Ohio River to the Missouri.Mississippi River from the mouth of the Ohio River to and including the mouth of the Missouri River: Continuing improvement and for maintenance, $100,000. Mouth of the Missouri to Minneapolis.Mississippi River from the mouth of the Missouri River to Minneapolis, Minnesota: Continuing improvement and for maintenance, $500,000. Above Minneapolis.Mississippi River between Saint Paul and Minneapolis, and between Brainerd and Grand Rapids, Mississippi and Leech Rivers, and reservoirs at headwaters of Mississippi River:
Completing improvement of Mississippi River between Saint Paul and Minneapolis, $80,000; completing improvement of reservoirs at headwaters, $32,000; in all, $112,000. Saint Croix, etc., Rivers, Wis., Minn., S. and N. Dak.Saint Croix River, Wisconsin and Minnesota; Minnesota River, Minnesota; Lake Traverse, Minnesota and South Dakota; Red River of the North, Minnesota and North Dakota; Warroad Harbor and River, Zippel Bay, and Lake of the Woods, Minnesota: For maintenance, $6,000.
Missouri River. Kansas City, Mo., to mouth.Missouri River: For maintenance and continuing improvement with a view to securing a permanent six-foot channel between Kansas City, Kansas, from the upper end of Quindaro Bend, and the mouth of the river, $500,000. Cumberland River, Term, and Ky.Cumberland River, Tennessee and Kentucky: For maintenance above Nashville, $5,000. Tennessee River, Tenn., Ala., and Ky.Tennessee River, Tennessee, Alabama, and Kentucky: For maintenance and continuing improvement, $343,000.
Ohio River. Locks and dams.Ohio River: Continuing improvement by the construction of locks and dams with a view to securing a navigable depth of nine feet, *Provisos*. Modified project.$5,000,000: *Provided*, That the Secretary of War is hereby authorized to modify the project for the improvement of the Ohio River in accordance with the report submitted in House Document Numbered Sixteen hundred and ninety-five, Sixty-fourth Congress, Omission of dams conditional.second session: *Provided further*, That the modification of the existing project by omitting locks and dams below Dam Numbered Forty-eight, as herein authorized, shall not become effective until it shall be satisfactorily demonstrated that the project depth of nine feet on that section of the river can be maintained by open-channel work:
Investigation of water terminals, river traffic, etc.*And provided further*, That the Secretary of War is hereby requested to investigate and submit to Congress on or before the first Monday in December, nineteen hundred and eighteen, a report showing
(a)the status of water terminals at cities and towns along the Ohio River between Pittsburgh and Cairo, inclusive, and whether owned by municipalities or some other public agency, and whether the same are satisfactory as to location, construction, and equipment;
(b)the names of cities and towns where an interchange of traffic exists between the water transportation lines and the railroads;
(c)a list of the water transportation lines existing and proposed on the Ohio River with a description of the number and type of boats in operation and under construction or to be constructed and as to whether the same are appropriate and suitable for the traffic;
(d)the names of cities and towns where no adequate public terminate exist, together with a statement of any prospective plans for water terminate and Recommendations for development.the status of same;
(e)any recommendation for the development of transportation on such river. 909 Allegheny River, Pennsylvania: For maintenance by open-channelAllegheny River, Pa. work, $5,000; continuing improvement by construction of locks and dams, $500,000; in all, $505,000. Pittsburgh Harbor, Pennsylvania: For maintenance, $6,000.Pittsburgh, Pa. Grand Alarais, Marquette, Marquette Bay, and Ontonagon Harbors, Lake Superior harbors.and Keweenaw Waterway, Michigan; Ashland and Port Wing Harbors, Wisconsin; Duluth-Superior Harbor, Minnesota and Wisconsin; Agate Bay and Grand Marais Harbors, Minnesota: For maintenance, $21,000. Manistique Harbor, Michigan; Menominee, Oconto, Green Bay,Lake Michigan harbors, western shore, Mich, and Wis. Algoma, Kewaunee, Two Rivers, Manitowoc, Sheboygan, Port Washington, Milwaukee, Racine, Kenosha, and Waukegan Harbors, Sturgeon Bay and Lake Michigan Ship Canal, and Fox River, Wisconsin: For maintenance, $121,350. Saint Joseph Harbor and River, Saugatuck Harbor and Kalamazoo Lake Michigan harbors, eastern shore, Mich.River, South Haven, Holland, Grand Haven, Muskegon, White Lake, Pentwater, Ludington, Manistee, Portage Lake, Arcadia, Frankfort, Charlevoix, and Petoskey Harbors, and Grand River, Michigan: For maintenance, $70,500. Ship channel connecting waters of the Great Lakes between Chicago,Great Lakes ship channel, Chicago and Duluth to Buffalo. Duluth, and Buffalo, including Saint Marys River, Saint Clair River, channels in Lake Saint Clair, and Detroit River, Michigan: ForSaint Marys River. Fourth lock. maintenance, $50,000; completing improvement of fourth lock in Saint Marys River, $470,000; in all, $520,000. Mackinac, Cheboygan, Rogers City, Alpena, Harbor Beach, andLake Huron harbors, etc., Mich. Monroe Harbors, Saginaw, Black, Clinton, and Rouge Rivers, Michigan: For maintenance, $7,000; continuing improvement of Harbor Beach Harbor, $106,000; in all, $113,000. Toledo, Port Clinton, Sandusky, Huron, Vermilion, Lorain, Cleveland,Lake Erie harbors, Ohio. Fairport, Ashtabula, and Conneaut Harbors, Ohio: For maintenance, $50,000. Erie Harbor, Pennsylvania; Dunkirk and Buffalo Harbors, BlackErie, Fa., Buffalo, Niagra River, etc., Rock Channel and Tonawanda Harbor, and Niagara River, New York: For maintenance, $61,000. Olcott, Charlotte, Pultneyville, Great Sodus Bay, Little Sodus Lake Ontario harbors, etc., N. Y.Bay, Oswego, Cape Vincent, and Ogdensburg Harbors, New York: For maintenance, $43,000. Los Angeles Harbor, California: Continuing improvement in Los Angeles, Cal.accordance with the report submitted in House Document Numbered Eight hundred and ninety-six, Sixty-third Congress, second session, and subject to the conditions set forth in said document, $100.000; for improvement in accordance with the report submitted in House Document Numbered One thousand and seventy-two, Sixty-fifth Congress, second session, and subject to the conditions set forth in said document, $204,000; in all, $304,000. Whenever the State ofSecuring land, etc., for diversion dam. Vol. 39, p. 404. California, or the city or county of Los Angeles, or other public agency created by the State of California, shall undertake to secure, and shall have provided funds for securing, any lands, easements or rights of way required for the silt-diversion works authorized for the protection of Los Angeles and Long Beach Harbors, with a view to conveying the same to the United States free of cost, in accordance with the conditions set forth in House Document Numbered Four hundred and sixty-two, Sixty-fourth Congress, first session, and shall for any reason be unable to obtain the same by voluntary purchase and sale, the Secretary of War may, in his discretion, cause proceedings to beCondemnation authorized. instituted in the name of the United States for the acquirement of said lands, easements, or rights of way, under and in accordance with*Ante*, p. 267. the provisions of section nine of the river and harbor Act of August eighth, nineteen hundred and seventeen: *Provided*, That upon the*Proviso*. Immediate possession. filing of the petition for the condemnation of any such lands, easements, or rights of way, as hereinbefore provided, the United States 910may take immediate possession thereof, to the extent of the interest to be acquired, and use the same in the prosecution of the authorized work of improvement. Waterway, Long Beach to Los Angeles.Waterway connecting Long Beach and Los Angeles Harbors, California: Completing improvement in accordance with the report submitted in House Document Numbered Four hundred and sixty, Sixty-fourth Congress, first session, and subject to the conditions set forth in said document, $130,350. San Francisco, Oakland, etc., Cal.San Francisco, Oakland, Richmond, Monterey, and Humboldt Harbors, Redwood and Petaluma Creeks, Napa River, San Pablo Bay, Mare Island Strait, and Suisun Channel, California: For maintenance, $4,000; continuing improvement of Oakland Harbor, $100,000; for improvement of Petaluma Creek in accordance with the report submitted in House Document Numbered Eight hundred and forty-nine, Sixty-fifth Congress, second session, and subject to the conditions set forth in said document, $20,000; in all, $124,000. Crescent City Harbor., Cal. Improvement authorized. *Post*, p. 1284.Crescent City Harbor, California: The improvement of Crescent City Harbor is hereby authorized in accordance with the report submitted in House Document Numbered Four hundred and thirty-four, Sixty-fourth Congress, first session, and subject to the conditions set *Proviso*. Execution from local funds.forth in said document: *Provided*, That before entering upon the prosecution of the work herein authorized the Secretary of War shall require the contribution of the sum of $200,000 from local interests, and the said Secretary is hereby authorized to prosecute the work of improvement with such funds when so furnished. Sacramento River, etc., Cal.Sacramento, Feather, San Joaquin, and Mokelumne Rivers, and Stockton and Mormon Channels (diverting canal), California: For maintenance, $10,500. Coos Bay, etc., Oreg.Coquille, Coos, Siuslaw, and Yaquina Rivers, and Coos, Tillamook, and Nehalem Bays, Oregon: For maintenance and continuing improvement of channel over the bar at Coos Bay, $40,000. Columbia and Willamette Rivers, Wash. and Oreg.Columbia and lower Willamette Rivers below Vancouver, Washington, and Portland, Oregon, and mouth of Columbia River, Oregon and Washington: Continuing improvement and for maintenance of Columbia and lower Willamette Rivera below Vancouver, Washington, and Portland, Oregon, $250,000. Willamette, Leads, etc., Rivers, Oreg, and Wash.Willamette River above Portland and at Willamette Falls, Yamhill River and Clatskanie River from the mouth to Clatskanie, Oregon; Cowlitz, Lewis, and Grays Rivers, Washington: For maintenance, $12,000; continuing improvement of Lewis River, including North and East Forks, $13,500; in all, $25,500. Puget Sound, etc., Wash.Puget Sound and its tributary waters, Olympia, Tacoma, and Bellingham Harbors, Lake Washington Ship Canal, Snohomish and Skagit Rivers, Swinomish Slough, waterway connecting Port Townsend Bay and Oak Bay, Columbia River between Wenatchee and Kettle Falls, Washington: For maintenance, $10,000. Sec. 2. Allotments of consolidated works. Where separate works or items are consolidated herein and an aggregate amount is appropriated therefor, the amount so appropriated shall, unless otherwise expressed, be expended in securing the maintenance and improvement according to the respective projects adopted by Congress after giving due regard to the respective needs of traffic. The allotments to the respective works so consolidated shall be made by the Chief of Engineers as authorized by the Secretary of War. In case such works or items are consolidated and separate amounts are given to individual projects, the amounts so named shall be expended upon such separate projects unless, in the discretion of the Chief of Engineers and the Secretary of War, another Balances carried to authorized works.allotment or division should be made of the same. Any balances remaining to the credit of the consolidated items shall be carried to the credit of the respective aggregate amounts appropriated for the consolidated items. 911 Sec. 3. That for examinations, surveys, and contingencies for riversAppropriation for examinations, etc. and harbors for which there may be no special appropriation, the sum of $200,000 is hereby appropriated. Sec. 4. That no part of the funds herein or hereafter appropriatedRestriction on work by private contract. for works of river and harbor improvement shall be used to pay for any work done by private contract if the contract price is more than twenty-five per centum in excess of the estimated cost of doing the work by Government plant: *Provided*, That in estimating the cost*Proviso*. Estimating cost by Government plant. of doing the work by Government plant, including the cost of labor and materials, there shall also be taken into account proper charges for depreciation of plant and all supervising and overhead expenses and interest on the capital invested in the Government plant, but the rate of interest shall not exceed the maximum prevailing rate being paid by the United States on current issues of bonds or other evidences of indebtedness. Sec. 5. That whenever the Secretary of War, in pursuance ofImmediate possession of lands on entering proceedings to condemn for public works. authority conferred on him by law, causes proceedings to be instituted in the name of the United States for the acquirement by condemnation of any lands, easements, or rights of way needed for a work of river and harbor improvement duly authorized by Congress, the United States, upon the filing of the petition in any such proceedings, shall have the right to take immediate possession of said lands, easements, or rights of way, to the extent of the interest to be acquired, and proceed with such public works thereon as have been authorized by Congress: *Provided*, That certain and adequate provision shall have*Proviso*. Just compensation to be paid. been made for the payment of just compensation to the party or parties entitled thereto, either by previous appropriation by the United States or by the deposit of moneys or other form of security in such amount and form as shall be approved by the court in which such proceedings shall be instituted. The respondent or respondentsAction to increase amount, allowed. may move at any time in the court to increase or change the amounts or securities, and the court shall make such order as shall be just in the premises and as shall adequately protect the respondents. In every case the proceedings in condemnation shall be diligently prosecuted on the part of the United States in order that such compensation may be promptly ascertained and paid. Sec. 6. That in all cases where private property shall be taken byLands, etc., for improvements. Benefits thereby to be considered in awarding damages for part taken. the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, where a part only of any such parcel, lot, or tract of land shall be taken, the jury or other tribunal awarding the just compensation or assessing the damages to the owner, whether for the value of the part taken or for any injury to the part not taken, shall take into consideration by way of reducing the amount of compensation or damages any special and direct benefits to the remainder arising from the improvement, and shall render their award or verdict accordingly. Sec. 7. That hereafter the Chief of Engineers, United States Army,Terminal and transfer facilities. Annual reports of Chief of Engineers to indicate. shall indicate in his annual reports the character of the terminal and transfer facilities existing on every harbor or waterway under maintenance or improvement by the United States, and state whether they are considered adequate for existing commerce. He shallSpecial reports. also submit one or more special reports on this subject, as soon as possible, including, among other things, the following:
(a)A brief description of such water terminals, including locationDescription of water terminals. and the suitability of such terminals to the existing traffic conditions, and whether such terminals are publicly or privately owned, and the terms and conditions under which they may be subjected to public use. 912
(b)Railroad connections, highways, etc. Whether such water terminals are connected by a belt or spur line of railroad with all the railroads serving the same territory or municipality, and whether such connecting railroad is owned by the public and the conditions upon which the same may be used, and also whether there is an interchange of traffic between the water carriers and the railroad or railroads as to such traffic which is carried partly by rail and partly by water to its destination, and also whether improved and adequate highways have been constructed connecting such water terminal with the other lines of highways.
(c)Necessity for, where there are none. If no water terminals have been constructed by the municipality or other existing public agency there shall be included in his report an expression of opinion in general terms as to the necessity, number, and appropriate location of such a terminal or terminals.
(d)Investigation, plans, etc., of the general subject. An investigation of the general subject of water terminals, with descriptions and general plans of terminals of appropriate types and construction for the harbors and waterways of the United States suitable for various commercial purposes and adapted to the varying conditions of tides, floods, and other physical characteristics. Sec. 8. Existing contracts. Modification, etc., if unjust on account of increased cost owing to the war. That if the Secretary of War shall determine that any of the contracts for work of river and harbor improvements entered into but not completed prior to April sixth, nineteen hundred and seventeen, the date of the entrance of the United States into the war with Germany, have become inequitable and unjust on account of increased costs of materials and labor and other unforeseen conditions arising out of the War, he is hereby authorized, in his discretion and with the consent of the contractors, to modify and readjust the terms of said contracts in such manner as he may deem equitable and just: *Proviso*. Applicable to work hereafter.*Provided*, That such modifications and readjustments shall apply only to work under said contracts remaining to be done hereafter and shall not include any relief for work performed heretofore under said contracts, and any such sum as may be necessary to provide Appropriation for readjusting, etc.for the increased cost of the contracts due to said modifications and readjustments, not exceeding the sum of $2,000,000, is hereby appropriated out of any money in the Treasury not otherwise Further modifications may be made.appropriated: *Provided further*, That as a condition of any such contract being so modified, the Secretary of War shall have the right, at the end of any fiscal year, until the contract is completed, to make such further modifications as in his judgment shall be advantageous to the United States and just to the contractor. Sec 9. Per diem allowance for travel expenses away from post. That hereafter when the expenses of persons engaged in field work or traveling on official business outside of the District of Columbia and away from their designated posts of duty are chargeable to appropriations of the Engineer Department, a per diem of not exceeding $4 may be allowed in lieu of subsistence when not otherwise fixed by law. Approved, July 18, 1918.