Chapter 252. 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. 252.— An Act Making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. June 5, 1920. [[H. R. 11892](/us/bill/66/hr/11892).] [[Public, No. 263](/us/pl/66/263).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * River and harbor improvements.Appropriation for preservation, construction, etc., of previous authorizations. That the sum of $12,000,000 be, and. the same hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be immediately available and to be expended under the direction of the Secretary of War and 1010 the supervision of the Chief of Engineers, for the preservation and maintenance of existing river and harbor works, and for the prosecution of such projects heretofore authorized as may be most desirable in the interests of commerce and navigation: *Provided, *That allotments*Provisos.* Allotments. from the amount hereby appropriated shall be made by the Secretary of War upon the recommendation of the Chief of Engineers: *And provided further, *That at the beginning of the third session ofSpecial report of allotments to be made. the Sixty-sixth Congress a special report shall be made to Congress by the Secretary of War showing the amount allotted under this appropriation for each work for improvement or maintenance.
Sec. 2. That for examinations, surveys, and contingencies forExaminations, surveys, etc. rivers and harbors for which there may be no special appropriation the sum of $400,000 is hereby appropriated: *Provided, *That no preliminary*Provisos.*Specific authority required. examination, survey, project, or estimate for new works other than those designated in this or some prior Act or joint resolution shall be made: *Provided further, *That after the regular orSupplementary reports restricted. formal reports made as required by law on any examination, survey, project, or work under way or proposed are submitted no supplemental or additional report or estimate shall be made unless ordered by a concurrent resolution of Congress: *And provided further, *ThatNo work authorized until appropriated for. the Government shall not be deemed to have entered upon any project for the improvement of any waterway or harbor mentioned in this Act until funds for the commencement of the proposed work shall have been actually appropriated by law.
Every report submitted to Congress in pursuance of this section orStatement of accruing local benefits, etc., to accompany reports. of any provision of law for a survey hereafter enacted, in addition to other information which the Congress has heretofore directed shall be given, shall contain a statement of special or local benefit which will accrue to localities affected by such improvement and a statement of general or national benefits, with recommendations as to what local cooperation should be required, if any, on account of suchLocal cooperation. special or local benefit.
The Secretary of War is hereby authorized and directed to causePreliminary examinations and surveys authorized. preliminary examinations and surveys to be made at the following-named localities, and a sufficient sum to pay the cost thereof may be allotted from the amount provided in this section: Stockton Harbor, Maine.Maine. Shore near the mouth of Saco River, Maine, with a view to preventing its erosion. Damariscotta River, Maine. Rockland Harbor, Maine. Camden Harbor, Maine.
Plymouth Harbor, Massachusetts.Massachusetts. Scituate Harbor, Massachusetts. Boston Harbor, Massachusetts: South Bay from point of Fort Point Channel, Federal Street Bridge, to Massachusetts Avenue. Pawcatuck River, Rhode Island and Connecticut.Rhode Island and Connecticut. Hudson River, New York, with a view to the removal of a shoalNew York. near the steamboat landing at Albany. Flushing Bay and Creek, New York. Jamaica Bay, New York, with a view to securing increased depth and width, including the entrance channel.
Twelve-foot channel from Peconic Bay to Jamaica Bay, New York. Hudson River, New York: Approaches to Troy Dam. Channel north of Shooters Island between New York and New Jersey, with a view to removing the shoal west of Shooters Island to a depth of sixteen feet. Absecon Inlet, New Jersey.New Jersey. Salem River, New Jersey. Woodbridge Creek, New Jersey. 1011Newark Bay and Hackensack and Passaic Rivers, New Jersey. Raritan River, New Jersey. Wilmington Harbor (Christiana River), Delaware.Delaware.
That portion of the harbor of Baltimore, Maryland, lying betweenMaryland. the thirty-foot channel leading from the main channel into the Prudential Oil Company channel and the anchorage basin on the north, and between the thirty-five-foot channel on the line of the western side of the anchorage basin extended southerly to meet the Prudential Oil Company channel. Quinby Creek, Virginia.Virginia. Poropotank Bay and Creek, Virginia. Hampton Creek, Virginia. Norfolk Harbor, Virginia, with a view to securing increased depth and width in the channel in the South Branch of Elizabeth River above the inner end of the forty-foot channel; also with a view to securing increased depth and width in the channel in the Eastern Branch of Elizabeth River from the Norfolk and Western Railroad bridge to the Virginian Railroad bridge.
Channel from Old Point to Newport News, Virginia, with view to securing increased width and depth. Little Wicomico River, Northumberland County, Virginia. James River, Virginia, as far up as Camp Eustis. Neuse and Trent Rivers, North Carolina: With a view to securingNorth Carolina. a channel depth of twelve feet in Neuse River up to New Bern; thence a depth of twelve feet in Trent River up to Polloksville and eight feet up to Trenton. Warwick River, Virginia.Virginia. Starlings Creek, Accomac County, Virginia, and channel to and connecting said creek with Pocomoke Sound.
Channel leading from Oyster, Northampton County, Virginia, to Atlantic Ocean. Carters Creek, Lancaster County, Virginia. Morattico Creek, Lancaster County, Virginia. Port Royal Sound and Beaufort River, South Carolina, up to Beaufort,South Carolina. including channel over the ocean bar. Savannah Harbor, Georgia, from the foot of Kings Island to theGeorgia. sea, with a view to consolidating all projects relating to Savannah Harbor, widening, straightening, and deepening the same in such manner as to depth and width as may be deemed advisable to respond to commerce.
Saint Marks River, Wakulla County, Florida.Florida. Narrows between Choctawhatchee Bar and Santa Rosa Sound, Florida, including the swash channel from Camp Walton to Mary Esther. Charlotte Harbor, Florida, with a view to securing a channel of suitable dimensions to Punta Gorda. Harbor at Saint Petersburg, Florida. Intracoastal waterway from Jacksonville, Florida, to Miami, Florida. Fernandina Harbor, Florida. Lagrange Bayou, Florida. Saint Johns River, Florida, from Jacksonville to the ocean.
Miami Harbor, Florida. Apalachicola Bay, Florida. Bayou La Batre, Alabama.Alabama. Gulfport Harbor and Ship Island Pass, Mississippi.Mississippi. Mississippi River, Louisiana, with a view to securing an outlet toLouisiana. deep water in the Gulf of Mexico by the most practicable route for a permanent channel of a depth not exceeding thirty-five feet. Tansas River, Louisiana. 1012Pass Palacios on Matagorda Peninsula, Texas, with a view to securingTexas. a channel eighteen feet deep.
Galveston Channel, Texas. Lynns Bayou, Texas, including an entrance channel connecting with the harbor basin at Port Lavaca. Aransas Pass, Port Aransas, and also with a view of securing increased depth and channels to Rockport, Aransas Pass, and Corpus Christi, Texas, and also a further report on measures necessary to protect existing project at Port Aransas. Coast of Texas m the vicinity of Aransas Pass, Port Aransas, Corpus Christi, and Rockport, with a view to the establishment of a safe and adequate harbor.
La Grue River, Arkansas.Arkansas. Arkansas River, Arkansas and Oklahoma, from Little Rock to theArkansas and Oklahoma. mouth of the Grand River. Red River, Arkansas, Oklahoma, and Texas, from Fulton, Arkansas,Arkansas and Texas. to Denison, Texas. Tennessee River and tributaries, in North Carolina, Tennessee,North Carolina, etc. Alabama, and Kentucky. Mississippi River at Fort Madison, Iowa.Iowa. Red Lake, at or near Redby, Minnesota.Minnesota. Outlet of Cass Lake, Minnesota, with a view of securing a navigable connection with the Mississippi River.
Missouri River at Saint Joseph, Missouri.Missouri. French Broad River, North Carolina.North Carolina. South Fork of Kentucky River, Kentucky.Kentucky. Ohio River, from Pittsburgh to its mouth, with a view to establishingOhio River, ice piers. such ice piers for harbors of refuge as may be found necessary. Monongahela River, Pennsylvania and West Virginia.Pennsylvania and West Virginia. Wabash River at and near Hutsonville, Illinois.Illinois. Grand Haven Harbor, Michigan.Michigan.
Muskegon Harbor, Michigan. Menominee Harbor and River, Michigan and Wisconsin.Michigan and Wisconsin. Siskiwit River, Wisconsin.Wisconsin. Luco Creek, Wisconsin, with a view to establishing a harbor of refuge. Lake Butte des Morts, Wisconsin, with a view to establishing a harbor of refuge. Green Bay Harbor and Fox River, Wisconsin, from Oshkosh to its mouth. Illinois River and Lake Depue, at Depue, Illinois.Illinois. Mill Creek and South Slough at Milan, Illinois: For the purpose of ascertaining and reporting as to the effect of the construction of the Illinois and Mississippi Canal on flood conditions in the town of Milan; whether and to what extent said construction has caused the overflow and damage of private property; and what sum of money, if any, ought in justice to be paid to the individual property owners as full and final compensation for such damages.
Michigan City Harbor, Indiana.Indiana. Erie Harbor, Pennsylvania.Pennsylvania. Tonawanda Harbor and Tonawanda Creek, New York.New York. Clayton Harbor, New York. Los Angeles and Long Beach Harbors, California: For the purposeLos Angeles and Long Beach Harbors, Calif. of ascertaining the cost of improvements, as follows:
(1)Dredging to thirty-five feet depth the main entrance channel,Designated projects. including an area of approach to the outer harbor, and the reclamation of an area near Reservation Point for the use of the United States;
(2)Dredging a channel at least three hundred feet wide and thirty feet deep around the perimeter of the west basin proper;1013
(3)Dredging a channel three hundred feet wide and thirty feet deep from the turning basin to the southeast corner of east basin;
(4)Extension of San Pedro breakwater to a point between the Long Beach Harbor entrance and the sea outlet of the flood diversion channel;
(5)Dredging thirty feet deep and three hundred feet wide the Cerritos Channel from the east basin of the Los Angeles Harbor to the turning basin of Long Beach Harbor;
(6)Acquisition of suction dredge and accessories. Santa Barbara Harbor, California. San Luis Obispo Harbor, California.California. Redwood City Harbor and Creek, California. Monterey Harbor, California. San Diego Harbor, California, from the entrance to the National City line. Entrance to San Francisco Harbor, California. Islais Creek, San Francisco, California. Klamath River, California. Oakland, Berkeley and Albany Harbors, California. Tualatin River, Oregon.Oregon. Coos Bay Harbor and Isthmus Slough, Oregon. St. Helens, Oregon, with a view to connecting deep water in the Willamette Slough with deep water in the Columbia River, and including any proposal of cooperation by local interests. Nehalem River, Oregon, including removal of submerged rock near the inshore end of south jetty and any proposal for cooperation by local interests. Columbia River between Chinook, Washington, and the head ofWashington. Sand Island. Lake Washington Ship Canal, Washington. Duwamish Waterway, Seattle Harbor, Washington, with a view of widening or deepening, or both widening and deepening, the channel to accommodate present and future commerce. Wrangell Narrows, Alaska, with a view of deepening the channelAlaska. to accommodate present and future commerce, and the determination of the relative advantages and practicability of the above improvement of Wrangell Narrows, as compared with the improvement of Dry Straits, recommended in House Document Numbered 68, Sixty-fifth Congress, first session. Wrangell Harbor, Alaska. Ponce Harbor, Porto Rico.Porto Rico. Harbor of Christiansted, Saint Croix, Virgin Islands, with a viewVirgin Islands. of securing suitable channel. Sec. 3. That the last paragraph of section 1 of the River andRestriction on new projects repealed.Vol. 40, p. 1286, repealed. Harbor Act approved March 2, 1919, which reads: “No work shall be undertaken upon any new project herein adopted unless the Secretary of War shall be of the opinion that, based upon the cost at the time of entering upon the work, the project can be completed at a cost not greater than forty per centum in excess of the estimate of cost in the report upon such project,” be, and the same is hereby, repealed. Sec. 4. That the following provisions relating to projects heretoforeFormer projects modified. approved and adopted by Congress be enacted: Yaquina Bay and Harbor, Oregon: The Secretary of War is herebyYaquina Bay and Harbor, Wash.Credit allowed for work by local interests.Vol. 40, p. 1285. authorized, in his discretion, in requiring compliance with the conditions precedent to the prosecution of the project adopted in the River and Harbor Act approved March 2, 1919, to credit the local interests with the cost at present prices of so much of the work performed by the port of Newport and the port of Toledo in the construction of the south jetty and the channel in the inner harbor as, in the opinion 1014 of the Chief of Engineers, conforms to the project plans and standards of the Government. Saint Jones River, Delaware: The provisos attached to the itemsSaint Jones River, Del.Vol. 36, pp. 638, 937, amended. making appropriations for the improvement of Saint Jones River, Delaware, in the River and Harbor Acts of June 25, 1910, and February 27, 1911, are hereby modified to read as follows: *“Provided,**Proviso.* Transfer of title to cut-off. That no part of said amount shall be expended for the excavation of any cut-off until a satisfactory title to the land required for that cut-off shall have been transferred to the United States, free of cost.” Milwaukee Harbor, Wisconsin: The unexpended balance of appropriationMilwaukee, Wis. Outer harbor improvement. Vol. 36, p. 656; Vol. 40, p. 258. heretofore made for improving the inner harbor at Milwaukee is hereby made available, in the discretion of the Secretary of War, for maintenance of improvement of the outer harbor. Delaware River, between Philadelphia, Pennsylvania, and Trenton,Delaware River. Projects, Philadelphia to Trenton combined. Vol. 40, pp. 252, 905. New Jersey: The two projects heretofore authorized for Delaware River from Allegheny Avenue, Philadelphia, Pennsylvania, to Lalor Street, Trenton, New Jersey, and above Lalor Street to the upper railroad bridge at Trenton, are hereby consolidated to form a single project between Philadelphia and Trenton. Saint Johns River, Florida, from Jacksonville to the ocean: TheSaint Johns River, Fla. Projects, at Jacksonville, and to the ocean combined. Vol. 40, pp. 255, 1279. two projects heretofore authorized for Saint Johns River, Florida, from Jacksonville to the ocean, and Saint Johns River, Florida, opposite the city of Jacksonville, are hereby consolidated to form a single project from Jacksonville to the ocean. Cumberland River above Nashville, Tennessee: The Secretary ofCumberland River, Tenn. Construction authorized on compliance with conditions by local interests. Vol. 40, p. 1282. War is hereby authorized to proceed with the prosecution of the existing project for lock and dam construction on that section of the river located in the State of Tennessee when the local interests in that State have complied with the conditions precedent imposed in the River and Harbor Act, approved March 2, 1919. Willapa Harbor and River, Washington: The sum of $71,775, whenWillapa Harbor and River, Wash. Acceptance of local contribution. deposited in the Treasury to the credit of the Secretary of War, shall be accepted by said Secretary of War as the total cash contribution required to be made by the city of Raymond and other local interests in connection with the project for improvement of Willapa Harbor and River, Washington, authorized by the River and Harbor Act,Vol. 39, p. 405. approved July 27, 1916, and the joint resolution entitled “Joint resolutionVol. 40, p. 287. for improving Willapa Harbor and River, Washington,” approved September 19, 1917. The seagoing dredge Cumberland may be transferred to the appropriationTransfer of dredge “Cumberland.”Contracts uncompleted prior to April 16, 1917. for improving Savannah Harbor without charge. Sec. 5. That the time within which applications for relief under theTime extended for filing relief claims under.Vol. 40, p. 1290. provisions of section 10 of the River and Harbor Act approved March 2, 1919, may be filed by contractors with the Secretary of War, or with district engineers, or other contracting officials of the Engineer Department, is hereby limited to six months after the date of the approval of this Act. Sec. 6. That the laws of the United States relating to the improvementRiver and harbor laws. Copies of, from March 4, 1913, to be printed. Distribution. of rivers and harbors, passed between March 4, 1913, until and including the laws of the third session of the Sixty-sixth Congress, shall be compiled under the direction of the Secretary of War and printed as a document, and that six hundred additional copies shall be printed for the use of the War Department. Sec. 7. That appropriations heretofore or herein made for worksUse for maintenance etc., of appropriations for improvements. of river and harbor improvements, or so much thereof as shall be necessary, may, in the discretion of the Secretary of War, be used for maintenance and for the repair and restoration of said works whenever from any cause they may have become seriously impaired, as well as for the further authorized improvement of said works: *Provided,**Proviso.*Diversion forbidden. That no appropriation shall be diverted from one project to another. 1015 Sec. 8. That the Secretary of War be, and he is hereby, authorized and empowered, in his discretion, to transfer, free of charge, to the Chief of Engineers, United States Army, for use in the execution, under his direction, of any civil work or works authorized by Congress, such material, supplies, instruments, vehicles, machinery, or other equipment pertaining to the Military Establishment as are or may hereafter be found to be surplus and no longer required for military purposes. Sec. 9. That section 4 of the River and Harbor Act, approved June 25, 1910, be, and the same is hereby, amended so as to read as follows: " “Sec. 4. That whenever any vessel belonging to or employed by the United States engaged upon river and harbor works collides with and damages another vessel, pier, or other legal structure belonging to any person or corporation, and whenever, in the prosecution of river and harbor works, an accident occurs damaging or destroying property belonging to any person or corporation, and whenever personal property of employees of the United States, who are employed on or in connection with river and harbor works, is damaged or destroyed in connection with the loss, threatened loss, or damage to United States property, or through efforts to save life or to preserve United States property, the Chief of Engineers shall cause an immediate examination to be made, and if, in his judgment, the facts and circumstances are such as to make the whole or any part of the damages or destruction a proper charge against the United States, the Chief of Engineers, subject to the approval of the Secretary of War, shall have authority to adjust and settle all claims for damages or destruction caused by the above designated collisions, accidents, and so forth, in cases where the damage or expense does not exceed $500, and pay the same from the appropriation directly involved, and to report such as exceed $500 to Congress for its considerations” " Approved, June 5, 1920.