Imágenes de página
PDF
ePub

H.R. 8563. An act to amend the Life Insurance Act of the District of Columbia to permit certain policies to be issued to members of duly organized national veterans' organizations;

H.R. 9045. An act to amend the Trading With the Enemy Act, as amended; H.R. 9669. An act for the relief of Molly Kwauk;

H.R. 12135. An act to authorize appropriations for the fiscal years 1964 and 1965 for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes;

H.R. 12217. An act for the relief of George Edward Leonard;

H.R. 12434. An act to facilitate the work of the Forest Service, and for other purposes, and

H.R. 12708. An act to increase the jurisdiction of the municipal court for the District of Columbia in civil actions, to change the names of the court, and for other purposes.

The PRESIDENT pro tempore thereupon signed the same.

RELIEF OF K. C. SHIN

On motion by Mr. MANSFIELD, The Senate proceeded to consider the bill (H.R. 11866) for the relief of Kim Chung Shin (Mary Rathbun). Pending debate,

CONFERENCE REPORT ON S. 3361 Mr. MANSFIELD (for Mr. EASTLAND) submitted the following conference report:

The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 3361) to facilitate the entry of alien skilled specialists and certain relatives of U.S. citizens, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

Amendment numbered 1: That the Senate recede from its disagreement to the amendment of the House numbered 1 and agreed to the same with the following amendment: In lieu of the language proposed to be stricken by the amendment of the House insert the following:

"Sec. 4. Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254) is hereby amended to read:

"Sec. 244. (a) As hereinafter prescribed in this section, the Attorney General may, in his discretion, suspend deportation and adjust the status to that of an alien lawfully admitted for permanent residence, in the case of an alien who applies to the Attorney General for suspension of deportation and

""(1) is deportable under any law of the United States except the provisions specified in paragraph (2) of this subsection; has been physically present in the United States for a continuous period of not less than

years immediately preceding the date of such application, and proves that during all of such period he was and is a person of good moral

72100-S J-87-2-50

character; and is a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or

"(2) is deportable under paragraphs (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), or (18) of section 241(a); has been physically present in the United States for a continuous period of not less than ten years immediately following the commission of an act, or the assumption of a status, constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral character: and is a person whose deportation would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

"(b) The requirement of continuous physical presence in the United States specified in paragraphs (1) and (2) of subsection (a) of this section shall not be applicable to an alien who (A) has served for a minimum period of twentyfour months in an active-duty status in the Armed Forces of the United States and, if separated from such service, was separated under honorable conditions, and (B) at the time of his enlistment or induction was in the United States.

""(c) (1) Upon application by any alien who is found by the Attorney General to meet the requirements of subsection (a) of this section the Attorney General may in his discretion suspend deportation of such alien. If the deportation of any alien is suspended under the provisions of this subsection, a complete and detailed statement of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such suspension. Such reports shall be submitted on the first day of each calendar month in which Congress is in session.

"(2) In the case of an alien specified in paragraph (1) of subsection (a) of this section

if during the session of the Congress at which a case is reported, or prior to the close of the session of the Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the suspension of such deportation, the Attorney General shall thereupon deport such alien or authorize the alien's voluntary departure at his own expense under the order of deportation in the manner provided by law. If, within the time above specified, neither the Senate nor the House of Representatives shall pass such a resolution, the Attorney General shall cancel deportation proceedings.

"(3) In the case of an alien specified in paragraph (2) of subsection (a) of this section

if during the session of the Congress at which a case is reported, or prior to the close of the session of the Congress next following the session at which a case is reported, the Congress passes a concurrent resolution stating in substance that it favors the suspension of such deportation, the Attorney General shall cancel deportation proceedings. If within the time above specified the Congress does not pass such a concurrent resolution, or if either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the suspension of the deportation of such alien, the Attorney General shall thereupon deport such alien in the manner provided by law.

"(d) Upon the cancellation of deportation in the case of any alien under this section, the Attorney General shall record the alien's lawful admission for permanent residence as of the date the cancellation of deportation of such alien is made, and the Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of entry and was not charged to the appropriate quota, reduce by one the quota of the quota to which the alien is chargeable under section 202 for the fiscal year then current at the time of cancellation or the next following year in which a quota is available. No quota shall be so reduced by more than 50 per centum in any fiscal year.

"(e) The Attorney General may, in his discretion, permit any alien under deportation proceedings, other than an alien within the provisions of paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), or (18) of section 241(a) (and also any alien within the purview of such paragraphs if he is also within the provisions of paragraph (2) of subsection (a) of this section), to depart voluntarily from the United States at his own expense in lieu of deportation if such alien shall establish to the satisfaction of the Attorney General that he is, and has been, a person of good moral character for at least five years immediately preceding his application for voluntary departure under this subsection.

"(f) No provision of this section shall be applicable to an alien who (1) entered the United States as a crewman; or (2) was admitted to the United States pursuant to section 101 (a) (15) (J) or has acquired such status after admission to the United States; or (3) is a native of any country contiguous to the United States or of any adjacent island named in section 101(b) (5): Provided, That the Attorney General may in his discretion agree to the granting of suspension of deportation to an alien specified in clause (3) of this subsection if such alien establishes to the satisfaction of the Attorney General that he is ineligible to obtain a non-quota immigrant visa.'" And the House agree to the same.

Amendment numbered 2: That the House recede from its amendment numbered 2.

JAMES O. EASTLAND,

OLIN D. JOHNSTON, JOHN L. MCCLELLAN, ROMAN L. HRUSKA.

K. B. KEATING,

Managers on the Part of the Senate.

FRANCIS E. WALTER,
MICHAEL A. FEIGHAN,
FRANK CHELF,

Managers on the Part of the House.

The Senate proceeded to consider the said report; and

Resolved, That the Senate agree agree thereto.

the amendment of the Senate numbered 2 and agreed to the same with an amendment, in which it requests the concurrence of the Senate.

The Speaker of the House having signed four enrolled bills, viz, H.R. 6371. H.R. 8269, H.R. 8517, and H.R. 10501, I am directed to bring the same to the Senate for the signature of its President.

ENROLLED BILLS SIGNED

The Secretary reported that he had examined and found truly enrolled the following bills:

H.R. 6371. An act to amend the Internal Revenue Code of 1954 with respect to the limitation on retirement income, and with respect to the taxable year for

Ordered, That the Secretary notify the which the deduction for interest paid House of Representatives thereof.

RELIEF OF K. C. SHIN

The Senate resumed the consideration of the bill (H.R. 11866) for the relief of Kim Chung Shin (Mary Rathbun), Pending debate,

RECESS

On motion by Mr. MANSFIELD, at 1 o'clock and 20 minutes p.m.,

The Senate took a recess subject to the call of the Chair.

AT 2 O'CLOCK P.M.

Mr. LEE METCALF, from the State of Montana, called the Senate to order. APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

The Secretary read the following communication from the President pro tempore:

U.S. SENATE,

PRESIDENT PRO TEMPORE, Washington, D.C., October 13, 1962. To the Senate:

Being temporarily absent from the Senate, I appoint Hon. LEE METCALF, a Senator from the State of Montana, to perform the duties of the Chair during my absence.

CARL HAYDEN,
President pro tempore.

Mr. METCALF thereupon took the chair.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Maurer, one of its clerks:

Mr. President: The House of Representatives has agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. 12900) making appropriations for certain civil functions administered by the Department of Defense, certain agencies of the Department of the Interior, the Atomic Energy Commission. the St. Lawrence Seaway Development Corporation, the Tennessee Valley Authority, and certain river basin commis

sions for the fiscal year ending June 30. 1963, and for other purposes; it has receded from its disagreement to the amendments of the Senate numbered 4. 13, and 18 and agreed to the same; and it has receded from its disagreement to

will be allowable to certain building and loan associations, mutual savings banks, and cooperative banks;

H.R. 8269. An act for the relief of Dr Walter H. Duisberg:

H.R. 8517. An act to grant emergency officer's retirement benefits to certain persons who did not qualify therefor because their applications were not submitted before May 25, 1929; and

H.R. 10501. An act for the relief of Kenyon B. Zahner.

The ACTING PRESIDENT pro tempore thereupon signed the same.

CONFERENCE REPORT ON H.R. 13273 Mr. KERR submitted the following conference report:

The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 13273) authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following:

title i—rivERS AND HARBORS

Sec. 101. That the following works of improvement of rivers and harbors and other waterways for navigation, flood control, and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and supervision of the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated: Provided, That the provisions of section 1 of the River and Harbor Act approved March 2, 1945 (Public Law Numbered 14, Seventy-ninth Congress, first session), shall govern with respect to projects authorized in this title; and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto, shall apply as if herein set forth in full:

Navigation

Narraguagus River, Maine: House Document Numbered 530, Eighty-seventh Congress, at an estimated cost of $500.000:

Carvers Harbor, Vinalhaven, Maine: Senate Document Numbered 118, Eightyseventh Congress, at an estimated cost of $205,000;

Searsport Harbor, Maine: House Document Numbered 500, Eighty-seventh Congress, at an estimated cost of $700,000;

Portland Harbor, Maine: House Document Numbered 216. Eighty-seventh Congress, at an estimated cost of $8,340,000:

Kennebunk River, Maine: House Document Numbered 459, Eighty-seventh Congress, at an estimated cost of $270.000:

Portsmouth Harbor and Piscataqua River, Maine and New Hampshire: House Document Numbered Numbered 482, Eightyseventh Congress, at an estimated cost of $7,500,000:

Gloucester Harbor, Massachusetts: House Document Numbered 341, Eightyseventh Congress, at an estimated cost of $1,100,000:

Marblehead Harbor, Massachusetts: House Document Numbered 516, Eightyseventh Congress, at an estimated cost of $1.752,000:

Chelsea Harbor, Massachusetts: House Document Numbered 350. Eightyseventh Congress, at an estimated cost of $2,843,000;

Dorchester Bay and Neponset River, Massachusetts: Senate Document Numbered 126, Eighty-seventh Congress, at an estimated cost of $7,050,000;

Plymouth Harbor, Massachusetts: Senate Document Numbered 124, Eightyseventh Congress, at an estimated cost of $1,200,000:

Pawtuzet Cove, Rhode Island: House Document Numbered Numbered 236, Eightyseventh Congress, at an estimated cost of $210,000;

Great Lakes to Hudson River Waterway, New York: River and Harbor Committee Document Numbered 20, Seventythird Congress, for the further partial accomplishment of the approved plan there is hereby authorized to be appropriated, in addition to sums previously authorized, $1,000,000:

Little Neck Bay, New York: House Document Numbered 510, Eightyseventh Congress, at an estimated cost of $2,185,000:

Flushing Bay and Creek, New York: House Document Numbered 551, Eightyseventh Congress, at an estimated cost of $1,695,000;

Buttermilk Channel, New York: House Document Numbered Numbered 483, Eightyseventh Congress, at an estimated cost of $2,226,000;

Newark Bay, Hackensack and Passaic Rivers, New Jersey channels to Port Elizabeth): Modification of the existing navigation project authorized by the River and Harbor Act of 1954 (Public Law 780, Eighty-third Congress), House Document Numbered 252, is hereby au

thorized substantially in accordance with the plans being prepared by the Chief of Engineers, subject to the approval of such plans by the Secretary of the Army and the President;

Raritan River, New Jersey: House Document Numbered 455, Eighty-sixth Congress, maintenance;

Lynnhaven Inlet, Bay, and connecting waters, Virginia: House Document Numbered 580, Eighty-seventh Congress, at an estimated cost of $1,068,000: Provided, That nothing in this Act shall be construed as authorizing reimbursement to local interests for the Long Creek-Broad Bay Canal Bridge;

James River, Virginia: House Document Numbered 586, Eighty-seventh Congress at an estimated cost of $39,000,000: Provided, That this authorization shall expire after a period of five years from the date of approval of this Act unless the Governor of Virginia has endorsed the project within that time: And provided further, That prior to construction, there will be submitted to the Congress a feasibility report which takes account of possible adverse effects of the project on seed oyster production;

Rollinson Channel and channel from Hatteras Inlet to Hatteras, North Carolina: House Document Numbered 457, Eighty-seventh Congress, at an estimated cost of $652,000;

Wilmington Harbor, North Carolina: Senate Document Numbered 114, Eightyseventh Congress, at an estimated cost of $6,370,000;

Savannah Harbor, Georgia: Senate Document Numbered 115, Eighty-seventh Congress, at at an estimated cost of $605,000;

Canaveral Harbor, Florida: Senate Document Numbered 140, Eightyseventh Congress, at the estimated cost of $5,076,000;

Key West Harbor, Florida: Senate Document Numbered 106, Eighty-seventh Congress, at an estimated cost of $820,000;

Tampa Harbor, Port Sutton and Ybor Channels, Florida: House Document Numbered 529, Eighty-seventh Congress, at an estimated cost of $997,000;

Walter F. George lock and dam, Alabama: Senate Document Numbered 109, Eighty-seventh Congress, at an estimated cost of $500,000;

Pensacola Harbor, Florida: House Document Numbered 528, Eightyseventh Congress, at an estimated cost of $424,000;

Hold lock and dam, Alabama: The Secretary of the Army is hereby authorized and directed to cause an immediate study to be made under the direction of the Chief of Engineers with a view to providing hydroelectric power generating facilities in said dam, and his report on such study shall be submitted to the Congress by the Secretary of the Army within the first period of sixty calendar days of continuous session of the Eighty-eighth Congress;

Pascagoula Harbor, Mississippi: House Document Numbered 560, Eightyseventh Congress, at an estimated cost of $4,870,000;

Mississippi River, Baton Rouge to Gulf of Mexico, Louisiana: Senate Document Numbered 36, Eighty-seventh Congress, at an estimated cost of $357,000;

The project, Mississippi River, Baton Rouge to the Gulf of Mexico, barge channel through Devils Swamp, Louisiana (Baton Rouge Harbor), authorized by the River and Harbor Act of 1946, in accordance with the recommendations of the Chief of Engineers in House Document Numbered 321, Eightieth Congress, as amended by the Flood Control Act of 1948, is hereby further amended to provide for the provision as required, of suitable dikes and other retaining structures at a Federal cost of $299,500, for the construction and future maintenance of the project, in order to provide additional industrial sites with water frontage which are now needed to permit the normal development and expansion of the industrial and commercial activities of the locality: Provided, That local interests contribute the sum of $100,500 toward the cost of the work;

Bayous Terrebonne, Petit Caillou, Grand Caillou, Du Large, and connecting channels, Louisiana, and Atchafalaya River, Morgan City to Gulf of Mexico: House Document Numbered 583, Eightyseventh Congress, at an estimated cost of $45,000;

Gulf Intracoastal Waterway, Louisiana and Texas: House Document Numbered 556, Eighty-seventh Congress, at an estimated cost of $25,540,000: Provided, That the authority to make such modifications as in the discretion of the Chief of Engineers may be advisable, as set forth in House Document Numbered 556, Eighty-seventh Congress shall be interpreted to apply to, but not limited to, the improvement of the existing channels at proposed channel relocation sites in lieu of such relocations;

Calcasieu River salt water barrier, Louisiana: House Document Numbered 582, Eighty-seventh Congress, at an estimated cost of $3,310,000: Provided, That the Corps of Engineers is directed to study the question of cost sharing taking into account that measures for mitigation of damages from navigation improvements will be a Federal responsibility and enhancement effects will be shared on the basis of a 50 per centum Federal and 50 per centum non-Federal; such cost sharing is hereby authorized as determined to be feasible and justified by the Chief of Engineers and Secretary of the Army within the first period of sixty calendar days of continuous session of the Congress after the date on which the report is submitted to it unless such report is disapproved by the Congress;

Mississippi River at Clarksville, Missouri; House Document Numbered 552, Eighty-seventh Congress, at an estimated cost of $103,300;

Sandy Slough, Lincoln County, Missouri; House Document Numbered 419, Eighty-seventh Congress, at an estimated cost of $195,000;

Sabine-Neches Waterway, Texas: House Document Numbered 553, Eightyseventh Congress, at an estimated cost of $20,830,000;

Trinity River, Wallisville Reservoir, Texas: House Document Numbered 215, Eighty-seventh Congress, at an estimated cost of $9,162,000: Provided, That nothing in this Act shall be construed as authorizing the acquisition of additional lands for establishment of a national wildlife refuge at the reservoir;

Gulf Intracoastal Waterway, channel to Palacios, Texas: House Document Numbered 504, Eighty-seventh Congress, at an estimated cost of $818,000;

Gulf Intracoastal Waterway, channel to Victoria, Texas: House Document Numbered 288, Eighty-seventh Congress, at an estimated cost of $1,590,000;

Illinois Waterway, Illinois and Indiana: House Document Numbered 31, Eighty-sixth Congress, is approved and there is hereby authorized the sum of $40,000,000 for initiation and partial accomplishment of the project;

Kaskaskia River, Illinois: Senate Document Numbered 44, Eighty-seventh Congress, at an estimated cost of $58,200,000;

Mississippi River between Missouri River and Minneapolis, Minnesota: House Document Numbered 513, Eightyseventh Congress, at an estimated cost of $1,205,000;

Ontonagon Harbor Michigan: House Document Numbered 287, Eighty-seventh Congress, at an estimated cost of $4,741,000;

Muskegon Harbor, Michigan: House Document Numbered 474, Eighty-seventh Congress, at an estimated cost of $609,000;

Leland Harbor, Michigan: House Document Numbered 413, Eighty-seventh Congress, at an estimated cost of $485,000;

Little Bay De Noc, Gladstone Harbor and Kipling, Michigan: House Document Numbered 480, Eighty-seventh Congress, at an estimated cost of $350,000;

Green Bay Harbor, Wisconsin: House Document Numbered 470, Eighty-seventh Congress, at an estimated cost of $4,270,000;

Kenosha Harbor, Wisconsin: House Document Numbered 496, Eighty-seventh Congress, at an estimated cost of $673,000;

Manitowoc Harbor, Wisconsin: House Document Numbered 479, Eighty-seventh Congress at an estimated cost of $719,000;

Milwaukee Harbor, Wisconsin: House Document Numbered 134, Eighty-seventh Congress at an estimated cost of $4,029,000;

Chicago Harbor, Illinois: House Document Numbered 485, Eighty-seventh Congress, at an estimated cost of $1,505,000;

Calumet Harbor and River, Illinois and Indiana: House Document Numbered 581, Eighty-seventh Congress, at an estimated cost of $11,464,000;

New Buffalo Harbor, Michigan: House Document Numbered 481, Eighty-seventh Congress, at an estimated cost of $667,000;

Caseville Harbor, Michigan: House Document Numbered 64, Eighty-seventh

Congress, at an estimated estimated cost of $327,000;

Saginaw River, Michigan: House Document Numbered 544, Eighty-seventh Congress, at an estimated cost of $4,780,000;

Rouge River, Michigan: House Document Numbered 509, Eighty-seventh Congress, at an estimated cost of $257,000:

Huron Harbor, Ohio: House Document Numbered 165, Eighty-seventh Congress, at an estimated cost of $8,557, 000;

Cleveland Harbor, Ohio: House Document Numbered 527, Eighty-seventh Congress, at an estimated cost of $888,000;

Conneaut Harbor, Ohio: House Document Numbered 415, Eighty-seventh Congress, at an estimated cost of $6,179,000;

Erie Harbor, Pennsylvania: House Document Numbered 340, Eighty-seventh Congress, at an estimated cost of $671,000;

Buffalo Harbor, New York: House Document Numbered 451, Eighty-seventh Congress, at an estimated cost of $2,797,000;

Great Sodus Bay Harbor, New York: House Document Numbered 138, Eightyseventh Congress, at an estimated cost of $765,000;

Oswego Harbor, New York: House Document Numbered 471, Eighty-serenth Congress, at an estimated cost of $1,180,000;

Dana Point Harbor, California: House Document Numbered 532, Eighty-seventh Congress, at an estimated cost of $3,730,000;

Santa Barbara Harbor, California: House Document Numbered 518, Eightyseventh Congress, at an estimated cost of $3,000,000;

Oakland Harbor, California, Fruitvale Avenue Bridge: Senate Document Numbered 75, Eighty-seventh Congress, at an estimated cost of $1.750,000:

Oakland Harbor, California: House Document Numbered 353, Eighty-seventh Congress, at an estimated cost of $6,775,000;

Noyo River and Harbor, California: Senate Document Numbered 121, Eightyseventh Congress, at an estimated cost of $13,231,000;

Columbia and Lower Willamette Rivers, Oregon and Washington: House Document Numbered 203, Eighty-serenth Congress, at an estimated cost of $493,000;

Columbia and Lower Willamette Rivers below Vancouver, Washington, and Portland, Oregon: House Document Numbered 452, Eighty-seventh Congress, at an estimated cost of $20,100,000;

Tacoma Harbor, Port Industrial and Hylebos Waterways, Washington: Senate Document Numbered 104, Eighty-seventh Congress, at an estimated cost of $2,460,000;

Kingston Harbor, Washington: House Document Numbered 417, Eighty-seventh Congress, at an estimated cost of $428,000;

Swinomish Channel, Washington: House Document Numbered 499, Eightyseventh Congress, at an estimated cost of $887,000;

Kaunakakai Harbor, Molokai, Hawaii: House Document Numbered 484, Eightyseventh Congress, at an estimated cost of $7,919,000;

The project for Hilo Harbor, Hawaii, authorized by Public Law 645, Eightysixth Congress, is hereby modified to provide for adjustment of the cash contribution required of local interest in accordance with recommendations by the Secretary of the Army and approved by the President, such adjustment to be made at the earliest practicable date.

Beach Erosion

State of New Hampshire: House Document Numbered 416, Eighty-seventh Congress, at an estimated cost of $88,000:

Fire Island Inlet and shore westerly to Jones Inlet, Long Island, New York: Modification of the existing beach erosion control project authorized by the River and Harbor Act of 1958 (Public Law 500, Eighty-fifth Congress), House Document Numbered 411, Eighty-fifth Congress, is hereby authorized substantially in accordance with the plans, which will include a sand bypassing system at Fire Island Inlet, being prepared by the Chief of Engineers, subject to the approval of such plans by the Secretary of the Army and the President;

Clark Point, New Bedford, Massachusetts: House Document Numbered 584, Eighty-seventh Congress, at an estimated cost of $60,000;

Virginia Beach, Virginia: House Document Numbered 382, Eighty-seventh Congress, periodic nourishment;

Fort Macon, Atlantic Beach and vicinity, North Carolina: House Document Numbered 555, Eighty-seventh Congress, at an estimated cost of $194,000;

Palm Beach County from Martin County line to Lake Worth Inlet and from South Lake Worth Inlet to Broward County line, Florida: House Document Numbered 164, Eighty-seventh Congress, at an estimated cost of $128,800;

Virginia Key and Key Biscayne, Florida: House Document Numbered 561, Eighty-seventh Congress, at an estimated cost of $220,000;

San Juan and vicinity, Puerto Rico: House Document Numbered 575, Eightyseventh Congress, at an estimated cost of $65,400;

Lake Erie shoreline from the Michigan-Ohio State line to Marblehead, Ohio: House Document Numbered 63. Eighty-seventh Congress, at an estimated cost of $658,500;

Sheffield Lake community park, Sheffield Lake Village, Ohio: House Document Numbered 414. Eighty-seventh Congress, at an estimated cost of $100,300;

Ventura-Pierpont area, California: House Document Numbered 458, Eightyseventh Congress, at an estimated cost of $515,000.

Orange County, California: House Document Numbered 602, Eighty-sev

enth Congress, at an estimated cost of $2,845,000.

Sec. 102. That the Secretary of the Army is hereby authorized to reimburse local interests for such work done by them on the beach erosion projects authorized in section 101, and in other sections of this Act, subsequent to the initiation of the cooperative studies which form the basis for the projects: Provided, That the work which may have been done on these projects is approved by the Chief of Engineers as being in accordance with the projects herein adopted: Provided further, That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority for improvements.

Sec. 103. (a) The Act approved August 13, 1946, as amended by the Act approved July 28, 1956 (33 U.S.C. 426e–h), pertaining to shore protection, is hereby further amended as follows:

(1) the word "one-third" in section 1 b is deleted and the word “onehalf" is substituted therefor;

(2) the following is added after the word "located" in section 1(b): ", except that the costs allocated to the restoration and protection of Federal property shall be borne fully by the Federal Government, and, further. that Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satisfy adequate criteria for conservation and development of the natural resources of the environment; extend landward a sufAcient distance to include, where appropriate, protective dunes, bluffs, or other natural features which serve to protect the uplands from damage; and provide essentially full park facilities for appropriate public use, all of which shall meet with the approval of the Chief of Engineers".

(3) the following is added after the word "supplemented” in section 1(e): ", or, in the case of a small project under section 3 of this Act, unless the plan therefor has been approved by the Chief of Engineers"; and

(4) sections 2 and 3 are amended to read as follows:

"Sec. 2. The Secretary of the Army is hereby authorized to reimburse local interests for work done by them, after initiation of the survey studies which form the basis for the project, on authorized projects which individually do not exceed $1,000,000 in total cost: Provided, That the work which may have been done on the projects is approved by the Chief of Engineers as being in accordance with the authorized projects: Provided further, That such reimbursement shall be

subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority for improvements.

"Sec. 3. The Secretary of the Army is hereby authorized to undertake construction of small shore and beach restoration and protection projects not specifically authorized by Congress, which otherwise comply with section 1 of this Act, when he finds that such work is advisable, and he is further authorized to allot from any appropriations hereafter made for civil works, not to exceed $3,000,000 for any one fiscal year for the Federal share of the costs of construction of such projects: Provided, That not more than $400,000 shall be allotted for this purpose for any single project and the total amount allotted shall be sufficient to complete the Federal participation in the project under this section including periodic nourishment as provided for under section 1(c) of this Act: Provided further, That the provisions of local cooperation specified in section 1 of this Act shall apply: And provided further, That the work shall be complete in itself and shall not commit the United States to any additional improvement to insure its successful operation, except for participation in periodic beach nourishment in accordance with section 1 (c) of this Act, and as may result from the normal procedure applying to projects authorized after submission of survey reports."

(b) All provisions of existing law relating to surveys of rivers and harbors shall apply to surveys relating to shore protection and section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426), is modified to the extent inconsistent herewith.

(c) The cost-sharing provisions of this Act shall apply in determining the amounts of Federal participation in or payments toward the costs of authorized projects which have not been substantially completed prior to the date of approval of this Act, and the Chief of Engineers, through the Beach Erosion Board, is authorized and directed to recompute the amounts of Federal contribution toward the costs of such projects accordingly.

Sec. 104. The project for aquatic plant control authorized by the River and Harbor Act of 1958 (72 Stat. 297, 300) is hereby modified to provide that research costs and planning costs prior to construction shall be borne fully by the United States and shall not be included in the cost to be shared by local interests.

Sec. 105. The Secretary of the Army is authorized to convey 17.94 acres of land located at old lock and dam numbered 7, Ohio River, to the city of Midland, Pennsylvania, after November 1, 1962, public park and recreation purposes, without monetary consideration but subject to reversion to the United States if not utilized for public park and recreation purposes and further subject to such flowage rights as may be necessary in the operation of the New Cumberland lock and dam, Ohio River.

Sec. 206. Section 110 (f) of the River and Harbor Act of 1958 (72 Stat. 297) is amended by changing the period to a comma and adding the following: "and upon completion of transfer to the said State of all right, title, and interest of the United States in and to the canal in accordance with the agreement executed December 14, 1960, between the Chief of Engineers and the representatives of said State, the additional sum of $800,000 is hereby authorized to be appropriated to be expended by the Corps of Engineers, or by said State, for the repair and modification of any canal properties and appurtenance, notwithstanding the provisions of section 110(b) hereof."

Sec. 107. The Secretary of the Army is authorized and directed to prepare and transmit to Congress, at the earliest practicable date, a compilation of survey and review reports on river and harbor and flood control improvements, similar to that prepared in accordance with the Act of March 4, 1913, revised in accordance with the Acts of July 3, 1930, August 30, 1935, and May 17, 1950, and printed in House Document Numbered 214, Eighty-second Congress, first session.

Sec. 108. The Chief of Engineers is authorized to perform such work as may be necessary to provide for the repair and restoration of lock and dam numbered 3 on the Big Sandy River: Provided, That the work authorized herein shall have no effect on the condition that local interests shall operate and maintain the structure and related properties as required by the Act of Congress approved August 6, 1956 (70 Stat. 1062): And provided further, That there is hereby authorized to be expended from appropriations hereafter made for civil functions administered by the Department of the Army, such funds as may be necessary for the repair and restoration of lock and dam numbered 3 on the Big Sandy River, not to exceed $200,000.

Sec. 109. The body of water designated as the Redondo Beach Harbor, California, shall be known and designated hereafter as the Redondo Beach King Harbor, California. Any law, regulation, map, document, record, or other paper of the United States in which such body of water is referred to shall be held to refer to it as the Redondo Beach King Harbor, California.

Sec. 110. The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following named localities and subject to all applicable provisions of section 110 of the River and Harbor Act of 1950:

Falmouth Harbor, Maine. Channel between Point Shirley and Deer Island, Massachusetts.

Little Egg Inlet, New Jersey. Brigantine Inlet, New Jersey. Corsons Inlet, New Jersey. Kings Bay Deepwater Channel, Georgia.

Auglaize River at Wapakoneta, Ohio. Surveys of the coastal areas of the United States and its possessions, including the shores of the Great Lakes, in the

interest of beach erosion control, hurricane protection and related purposes: Provided, That surveys of particular areas shall be authorized by appropriate resolutions of either the Committee on Public Works of the United States Senate or the Committee on Public Works of the House of Representatives.

Sec. 111. Title I of this Act may be cited as the "River and Harbor Act of 1962".

TITLE II-FLOOD CONTROL

Sec. 201. Section 3 of the Act approved June 22, 1936 (Public Law Numbered 738, Seventy-fourth Congress), as amended by section 2 of the Act approved June 28, 1938 (Public Law Numbered 761, Seventy-fifth Congress), shall apply to all works authorized in this title except that for any channel improvement or channel rectification project, provisions (a), (b), and (c) of section 3 of said Act of June 22, 1936, shall apply thereto, and except as otherwise provided by law: Provided, That the authorization for any flood control project herein adopted requiring local cooperation shall expire five years from the date on which local interests are notified in writing by the Department of the Army of the requirements of local cooperation, unless said interests shall within said time furnish assurances satisfactory to the Secretary of the Army that the required cooperation will be furnished.

Sec. 202. The provisions of section 1 of the Act of December 22, 1944 (Public Law Numbered 534, Seventy-eighth Congress, second session), shall govern with respect to projects authorized in this Act, and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto shall apply as if herein set forth in full.

Sec. 203. The following works of improvement for the benefit of navigation and the control of destructive floodwaters and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers in accordance with the plans in the respective reports hereinafter designated and subject to the conditions set forth therein: Provided, That the necessary plans, specifications, and preliminary work may be prosecuted on any project authorized in this title with funds from appropriations hereafter made for flood control so as to be ready for rapid inauguration of a construction program: Provided further, That the projects authorized herein shall be initiated as expeditiously and prosecuted as vigorously as may be consistent with budgetary requirements: And provided further, That penstocks and other similar facilities adapted to possible future use in the development of hydroelectric power shall be installed in any dam authorized in this Act for construction by the Department of the Army when approved by the Secretary of the Army on the recommendation of the Chief of Engineers and the Federal Power Commission.

« AnteriorContinuar »