Page:United States Statutes at Large Volume 40 Part 1.djvu/1305

 SIXTY-FIFTH CONGRESS. Sess. III. Ch. 95. 1919. 1287 Sec. 2. Where separate w0rks or items are consolidated herein da,A§{*{g*¤•¤°°'°°¤¤°H· and an aggregate amount is alppropriated therefor, the amount so m` appropriated shall, unless 0t_ erwise expressed, be expended in securmg_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 author- 1zed 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. Any balances remaming to the credit of the consolidated items shall 8_u§,,°,'gg•;,*w°,*;’,gS¥°d *° be cagrdigd tohthe credlig of she respective aggregate amounts appro- ` priat or the conso ate items. Sec. 3. That in all cases where the project for a work of river or ,,,§g*;f§°* "°'k °°· harbor improvement, heretofore, herein, or hereafter authorized, ` provides for the construction or use of Govemment dred plant, the Secretary of War may, in his discretion, have the worindone by contract if reasonable Erices can be obtained. Sec. 4. That Little `ver, from Big` Lake in Mississi pi County to ,{,·§{l°,§aQ’,;*£b·‘}gk, 0 Marked Tree m Pomsett County, Ar as, is hereb dieclared to be mum me. not a navigable waterway of the United States witliin the meaning of the laws enacted by Congress for the rotection of such waterways. Sec. 5. If the Secretary of War shallp determine that the contract }[,°,{}§_?°§£,D*§_',;f°f’_,{*,;t for levee work entered into with Walter H. Denison but not completed ollowod for lovoe work prior to April 6, 1917, the date of the entry of the United States into g?S°Zsfg;g‘"°°S°d W war with Germany, became inequitable and unjust on account of increased cost of materials, labor, and other conditions arising out of the war, he is herebi authorized and directed to pay said contractor for the work f y completed imder said contract between April 6, 1917, and July 18, 1918, the date of approval of an Act *""‘·P·°°*- entitled "A.n Act making appropriations for the construction, repair, and preservation of pub c works on rivers and harbors, and for other purposes," an amount in addition to the terms fixed by such contract just a.nd equitable in consideration of increased costs of labor and materials and other unforeseen conditions arising out of the war. _ The amount of the increase to be paid shall not exceed the actual .,,,,I;{“‘“°d t" °°“"“ loss, without any profit considered sustained by the contractor, caused by increased cost due to the war, in erforming the contract and full; completing said work between the d)ates as above set forth: Promkie, That m no case shall the additional com ensation exceed mm ,,,,y_ 30 cents per cubic yard for the material placed, ang there is hereby appropriated a sum not exceeding $18,000 out of any money in the 'lreasury not otherwise appropriated for the carrying out of this provision. Sec. 6. That for examinations, surveys, and contingencies for °xQ,{'1lj,jg§,‘j’;,},*‘;“uj,,8;,*;' rivers and harbors for which there may be no special ajijlilropriation, acc. ’ the sum of $250,000 is hereby appropriated: Provided at no pre- g",Q,@,!‘,¥,°é';,u,,10r,,y,°_ liminary examination, survey, roject, or estimate flor new works quam. other than those des` ated in tliiis or somelprior Act or joint resolution shall be made: further, That ter the regular or formal pO§;’g§,gg°d*°j'Y '°‘ reports made as required by law on any examination, survey, project, or work under way or proposed are submitted no supplemental or additional report or estimate shall be made unless ordered by a con- _ h ri current resolution of Congress: And pr·0v’idedd"uv1her, That the Gov- q.;°§§‘$’i,  gi?. ernment shall not be deemed to have eutere upon an project for the_1.mprovement of any waterway or harbor mentioned, m this Act until funds for the commencement of the proposed work shall have been actually approjgiréiated by law. _ _ m0tmmmpmjmi_ The_Sccretary of ar is hereby authorized and directed to cause m.»yummem.ow. preliminary examinations and surveys to be made at the following-