ASSISTANT SECRETARY OF DEFENSE, HON. SAM RAYBURN. Speaker of the House of Representatives. DEAR MR. SPEAKER: There is forwarded herewith a draft of proposed legislation to amend section 5 of the act of June 29, 1888, relating to the office of supervisor of New York Harbor. This proposal is a part of the Department of Defense legislative program for 1952, and it has been approved by the Bureau of the Budget. The Department of Defense recommends that it be enacted by the Congress. [p. 1] PURPOSE OF THE LEGISLATION The 1888 act is now enforced by a line officer of the Navy under the direction of the Secretary of the Army and the purpose of the proposed legislation is to eliminate the need for assignment of a Navy officer by adding the responsibility of enforcement to the present duties of the district engineer at New York. The act prohibits the deposits of any matter which would be injurious to navigation except as may be permitted by the supervisor of the harbor. It applies only to New York Harbor and adjacent waters. Subsequently, the Congress enacted similar but general legislation in the River and Harbor Act of March 3, 1899 (33 U.S.C. 403-407) applying to all the navigable waters of the United States, administered by the Chief of Engineers under the direction of the Secretary of the Army. In practice, close liaison has been maintained by the district engineer at New York with the supervisor to avoid any duplication and the principal value of the proposed legislation would be in eliminating the need for assignment of a naval officer to perform the duties of the supervisor. Substantial monetary savings, however, would also result mainly because certain plant and equipment presently engaged in river and harbor work under the district engineer could be used in a dual capacity. COST AND BUDGET DATA The present annual operating budget of the office of the supervisor of New York Harbor is about $400,000, and it is believed that a saving of about 25 percent could be effected by the proposed legislation. DEPARTMENT OF DEFENSE ACTION AGENCY The Department of the Army has been designated as the representative of the Department of Defense for this legislation. Sincerely yours, CHARLES A. COOLIDGE. [p. 2] 1.30f(2) SENATE COMMITTEE ON PUBLIC WORKS AMENDING SECTION 5 OF THE ACT OF JUNE 29, 1888, RELATING TO THE OFFICE OF SUPERVISOR OF NEW YORK HARBOR JULY 3 (legislative day, JUNE 27), 1952.—Ordered to be printed Mr. CHAVEZ, from the Committee on Public Works, submitted the following REPORT [To accompany H. R. 8234] The Committee on Public Works, to whom was referred the bill (H. R. 8234) to amend section 5 of the act of June 29, 1888, relating to the office of Supervisor of New York Harbor, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The act of June 29, 1888, referred to in this bill, is now enforced by a line officer of the Navy under the direction of the Secretary of the Army, and the purpose of H. R. 8234 is to eliminate the need for assignment of a Navy officer by adding the responsibility of enforcement to the present duties of the district engineer at New York. The Department of Defense has requested the enactment of this legislation and in support thereof has submitted a letter from the Assistant Secretary of Defense to the Speaker of the House of Representatives, advising that this proposal is a part of the Department of Defense legislative program for 1952 and has been approved by the Bureau of the Budget. Enactment of this bill would effect a saving in Federal funds and permit more efficient operations. The Department of Defense and the Bureau of the Budget approve this legislation. 1.30f(3) CONGRESSIONAL RECORD, VOL. 98 (1952): 1.30f(3) (a) June 25: Passed House, p. 8079 [No Relevant Discussion on Pertinent Section] 1.30f(3) (b) July 4: Passed Senate, p. 9317 [No Relevant Discussion on Pertinent Section] 1.30g 1958 AMENDMENTS TO ACT OF 1888 AN ACT To amend the Act of June 29, 1888, relating to the prevention of obstructive and injurious deposits in the harbor of New York, to extend the application of that Act to the harbor of Hampton Roads. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to prevent obstructive and injurious deposits within the harbor and adjacent waters of New York, by dumping or otherwise, and to punish and prevent such offenses", approved June 29, 1888 (25 Stat. 209; 33 U. S. C. 441-451), as amended, is amended as follows: (1) The first section (33 U. S. C. 441) is amended by striking out "tidal waters of the harbor of New York, or its adjacent or tributary waters, or in those of Long Island Sound,", and inserting in lieu thereof "waters of any harbor subject to this Act,". (2) Section 2 (33 U. S. C. 442) is amended (A) by striking out "the harbor of New York, or in its adjacent or tributary waters, or in those of Long Island Sound,", and inserting in lieu thereof "any harbor subject to this Act,"; and (B) by striking out "hereinafter mentioned". (3) The fourth paragraph of section 3 (33 U. S. C. 446) is amended by striking out "The supervisor of the harbor of New York, designated as provided in section 5 of the said Act of June twenty-nine, eighteen hundred and eighty-eight, is authorized and directed to appoint inspectors and deputy inspectors, and, for the purpose of enforcing the provisions of this Act and of the Act aforesaid,", and inserting in lieu thereof "Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and, for the purposes of enforcing this Act and the Act of August 18, 1894, entitled 'An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes' (28 Stat. 338),". (4) The fifth full paragraph of section 3 (33 U. S. C. 447) (relating to bribery of employees of the supervisor of the harbor) is amended by striking out "the supervisor of the harbor" and inserting in lieu thereof "any supervisor of a harbor”. (5) Section 4 (33 U. S. C. 449) is amended (A) by striking out "the harbor of New York, or the waters adjacent or tributary thereto", and inserting in lieu thereof "any harbor subject to this Act"; and (B) by striking out "the waters of the harbor of New York", and inserting in lieu thereof "the waters of that harbor". (6) Section 5 (33 U. S. C. 451) is amended (A) by inserting after "That an officer of the Corps of Engineers shall" a comma and the following: "for each harbor subject to this Act,"; and (B) by striking out "This officer" and inserting in lieu thereof "Each such officer". (7) Section 6 is amended to read as follows: "SEC. 6. That the following harbors shall be subject to this Act: "(1) The harbor of New York. "(2) The harbor of Hampton Roads. "(3) The harbor of Baltimore." (8) The following new section is added at the end: "SEC. 7. That for the purposes of this Act "(1) The term 'harbor of New York' means the tidal waters of the harbor of New York, its adjacent and tributary waters, and those of Long Island Sound. "(2) The term 'harbor of Hampton Roads' means the tidal waters of the harbors of Norfolk, Portsmouth, Newport News, Hampton Roads, and their adjacent and tributary waters, so much of the Chesapeake Bay and its tributaries as lies within the State of Virginia, and so much of the Atlantic Ocean and its tributaries as lies within the jurisdiction of the United States within or to the east of the State of Virginia. "(3) The term 'harbor of Baltimore' means the tidal waters of the harbor of Baltimore and its adjacent and tributary waters, and so much of Chesapeake Bay and its tributaries as lie within the State of Maryland." SEC. 2. This Act shall take effect on the sixtieth day after the date of its enactment. Approved August 28, 1958. 1.30g(1) HOUSE COMMITTEE ON PUBLIC WORKS H. R. REP. No. 2233, 85th Cong., 2d Sess. (1958) AMENDING THE ACT OF JUNE 29, 1888, RELATING TO THE PREVENTION OF OBSTRUCTIVE AND INJURIOUS DEPOSITS IN THE HARBOR OF NEW YORK, TO EXTEND THE APPLICATION OF THAT ACT TO THE HARBOR OF HAMPTON ROADS. JULY 21, 1958.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. BLATNIK, from the Committee on Public Works, submitted the following REPORT [To accompany H. R. 11697] The Committee on Public Works, to whom was referred the bill (H. R. 11697) to amend the act of June 29, 1888, relating to the prevention of obstructive and injurious deposits in the harbor of New York, to extend the application of that act to the harbor of Hampton Roads, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of this bill is to further amend the act of June 29, 1888 (25 Stat. 209; 33 U. S. C. 441-451), as amended, relating to the prevention of obstructions and injurious deposits in the harbor of New York, to extend the application of that act to the harbor of Hampton Roads, Va. GENERAL STATEMENT The act of 1888, as amended, prohibits the deposit of waste or other kinds of matter in the tidal waters of New York Harbor and certain adjacent waters, including Long Island Sound. An officer of the Corps of Engineers designated by the Secretary of the Army as supervisor of the harbor is charged with the enforcement of the provisions of the act. This supervisor has the duty of preventing any obstructive or injurious deposits in all waters under his jurisdiction and preventing fishing and dredging of shell fish and |