[the supervisor of the harbor] any supervisor of a harbor with intent to influence such inspector, deputy inspector, or other employee to permit or overlook any violation of the provisions of this section or of the said Act of June twenty-ninth, eighteen hundred and eightyeight, shall, on conviction thereof, be fined not less than five hundred dollars nor more

[p. 5]

than one thousand dollars, and be imprisoned not less than six months nor more than one year.

Every permit issued in accordance with the provisions of this section of this Act, which may not be taken up by an inspector or deputy inspector, shall be returned within four days after issuance to the office of the supervisor of the harbor; such permit shall bear an indorsement by the master of the towboat, or the person acting in such capacity, stating whether the permit has been used, and, if so, the time and place of dumping. Any person violating the provisions of this section shall be liable to a fine of not more than five hundred dollars nor less than one hundred dollars.

SEC. 4. That all mud, dirt, sand, dredgings, and material of every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in [the harbor of New York, or the waters adjacent or tributary thereto,] any harbor subject to this Act and placed on any boat, scow, or vessel for the purpose of being taken or towed upon [the waters of the harbor of New York] the waters of that harbor to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in the third section of this act prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense against this act, and shall be punished by a fine equal to the sum of five dollars for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section. Any boat or vessel used or employed in violating any provision of this act, shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against, summarily by way

of libel in any district court of the United States, having jurisdiction thereof.

SEC. 5. That an officer of the Corps of Engineers shall, for each harbor subject to this Act, be designated by the Secretary of the Army as supervisor of the harbor, to act under the direction of the Chief of Engineers in enforcing the provisions of this Act, and in detecting offenders against the same. [This officer] Each such officer shall have personal charge and supervision under the Chief of Engineers, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of this Act. [SEC. 6. That the sum of thirty thousand dollars or so much thereof as may be necessary, is hereby appropriated to carry out the provisions of this act; and the Secretary of the Treasury is hereby authorized to pay that sum from moneys in the Treasury not otherwise appropriated.]

Sec. 6. That the following harbors shall be subject to this Act: (1) The harbor of New York.

(2) The harbor of Hampton Roads.

Sec. 7. That for the purposes of this Act

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(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.

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1.30g (2) SENATE COMMITTEE ON PUBLIC WORKS

S. REP. No. 2383, 85th Cong., 2d Sess. (1958)

EXTENDING TO THE HARBORS OF HAMPTON ROADS AND BALTIMORE THE APPLICATION OF THE ACT OF JUNE 29, 1888, RELATING TO THE PREVENTION OF OBSTRUCTIVE AND INJURIOUS DEPOSITS IN THE HARBOR OF NEW YORK.

August 14, 1958.—Ordered to be printed

Mr. CHAVEZ, 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., and Baltimore, Md.

GENERAL STATEMENT

The act of 1888, as amended, prohibits placing, discharging, or depositing, by any process or in any manner, waste, sludge, acid or any other matter of any kind, other than that in a liquid state passing from streets or sewers, that might be obstructive and injurious to the use of the tidal waters of New York Harbor and certain adjacent waters, including Long Island Sound, for navigation and related purposes.

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 prevent[p. 1]

ing any obstructive or injurious deposits in all waters under his jurisdiction and preventing fishing and dredging of shellfish and other activity which would interfere with navigation of the entrance channels of the harbor by ships of deep draft. Penalties are provided for violation of the provisions of the act.

H. R. 11697 would make the provisions of the act of June 29, 1888, applicable to the tidal waters of the Hampton Roads area, including Norfolk Harbor, Portsmouth Harbor, Newport News Harbor, Hampton Roads, and so much of the Chesapeake Bay and its tributary waters and adjacent areas as lie within the State of Virginia, and so much of the Atlantic Ocean and tributaries as lie within the jurisdiction of the United States within or to the east of the State of Virginia, and to the tidal waters of the Baltimore Harbor and its adjacent and tributary waters, and so much of Chesapeake Bay and its tributaries as lie within the State of Maryland.

The committee was advised that the principal problem in the Hampton Roads and Baltimore areas is one of oil pollution. This condition is created by the promiscuous discharge of bilge oil from vessels at anchor or at piers into the tidal waters of these harbors. This discharge creates a hazardous situation from a fire standpoint. It also has the effect of fouling the condensers of vessels navigating in these waters and, when washed up on the beaches, interferes with their normal use for recreational purposes.

The application of the 1888 act to the Hampton Roads and Baltimore Harbor areas would permit the Corps of Engineers to patrol the affected waters, make periodic inspections to detect violations, and more rigidly enforce the provisions of the various laws for preservation of navigable waters. In addition, before any type of material could be discharged into the waters a permit for such discharge would be required. This permit would require the discharge of the material at a specific location which would not be detrimental to commerce. At the present time, the policy of the Corps of Engineers is to act in connection with local polluted waters only on a specific complaint from the community involved. This bill would permit all-yearround supervision of the Hampton Roads and Baltimore Harbor areas at an estimated average annual cost of $300,000 to the Federal Government.

The committee was advised that officials of the cities, towns, and counties in the affected areas have held conferences and made studies of the oil-pollution problem, but it appears to be growing, in spite of the excellent cooperation from naval and shipping authorities.

The committee believes this legislation to be highly desirable and recommends its enactment.

The Department of the Army and the Bureau of the Budget have no objection to the enactment of H. R. 11697, as outlined in the following communication:

*

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1.30g(3) CONGRESSIONAL RECORD, VOL. 104 (1958):

1.30g(3) (a) August 4: Amended and passed House, pp. 16021-16022 [No Relevant Discussion on Pertinent Section]

1.30g(3)(b) August 18: Passed Senate, p. 18083

[No Relevant Discussion on Pertinent Section]

1.31 WATERSHED PROTECTION AND FLOOD PREVENTION ACT, AS AMENDED

16 U. S. C. § 1005(4) (1972)

§ 1005. Works of improvement-Engineering and other services; reimbursement; advances

(1) At such time as the Secretary and the interested local organization have agreed on a plan for works of improvement, and the Secretary has determined that the benefits exceed the costs, and the local organization has met the requirements for participation in carrying out the works of improvement as set forth in section 1004 of this title, the local organization may secure engineering and other services, including the design, preparation of contracts and specifications, awarding of contracts, and supervision of construction, in connection with such works of improvement, by retaining or employing a professional engineer or engineers satisfactory to the Secretary or may request the Secretary to provide such services: Provided, That if the local organization elects to employ a professional engineer or engineers, the Secretary shall reimburse the local organization for the costs of such engineering and other services secured by the local organization as are properly chargeable to such works of improvement in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof: Provided further, That the Secretary may advance such amounts as may be necessary to pay for such services, but such advances with respect to any works of improvement shall not exceed 5 per centum of the estimated installation cost of such works.

Federal construction; request by local organization

(2) Except as to the installation of works of improvement on Federal lands, the Secretary shall not construct or enter into any contract for the construction of any structure: Provided, That, if requested to do so by the local organization, the Secretary may enter into contracts for the construction of structures.