Page:United States Statutes at Large Volume 40 Part 1.djvu/929

 SIXTY-FIFTH CONGRESS. Sess. II. Ch. 155. 1918. 911 Sec. 3. That for examinations, surveys, and contingencies for rivers §,g¤'°* °*· and harbors for which there may be no special appropriation, the ’ ` sum of $200,000 is hereby appropriated. Sec. 4. That no part of the frmds herein or hereafter a propriated b,R§§'{§‘,°,E?,°§,,§“k for works of river and harbor improvement shall be used) to pay for any work done by private contract if the contract price is more than twenty-five per centum in excess of the estimated cost of doing the _ work y Government (glant: Provided, That in estimating the cost  cost by of doing the work by overnment plant, including the cost of labor <*¤v¢¤¤¤=¤¤¢v¤¤¤¤- and materials, there shall also be taken into account proper charges for depreciation of plant and all supervising and overhead expenses and interest on the capital invested in the Government plant, but the rate of interest shall not exceed the maximumfprevailing rate being paid by the United States on current issues o bonds or other evidences of indebtedness. Sine. 5. Thu? wlirenegelril glu? Secretary of War, in pgusuance of ,;.,l.’}‘.‘§?°]‘,£’§,‘? .,,,",,°,?§2i authority co erre on y aw, causes proceedmgs' to einstituted ***8 Pmmdj °°¤>¤· in the name of the United States for the acquirement bfy condemns.- d°m°!°rp °w°m' tion of any lands, easements, or rights of way needed or a work of river and harbor imtgrovement duly authorized by Congress the United States, upon e  of the petition in any such proceedings, shall have the right to take immediate possession of said lands, easements, or rights of way, to the extent of the interest to be acquired, and procee with such lplubhc works thereon as have been authorized F by Congress: Provided, t certain and adequate provision shall have Just cmhpsnsatlm to been made for the payment of gist compensation to the party or b°¤°**‘· arties entitled thereto, either y previous appropriation by the United States or by the deposit of moneys or other form of  insuchamountand formasshaHbeap_£rovedby thecourtinwhic Mm to such   shall be instituted.- e respondent or respondents ammauiawa. may move at any time in the court to increase or change the amounts or secmitiea and the court shall make such order as shall be just in the premises and as shall adequately protect the ndents. In every case the pr0ceed.in.g§in condemnation shall berm%.ently prosecuted on the part of the nited States in order that suc compensation may be promptly ascertained and paid. kw w ht 1 Sec. 6. That in all cases where private property shall be taken by pmméf,. " m` the United States for the public use in connection with any imgrove- b_"°;'j’d‘:,_§gj';_Y_,§_’ ment of rivers, harbors, canals, or waterway? of the United tates, uhglanu rw pan and in all condemnation proceedings by the nited States to acguire lands or easements for such imgrovements, where a part only 0 any such aroel, lot, or tract of lan shall be taken, the jury or other tnbunalpawarding the just compensation or assessing the damages to the owner, whether for the va ue of the part taken or for any mjury to the part not taken, shall take into consideration by waiy of reducing the amount of compensation or damages any specia an direct benefits to the remainder arising from the improvement, and shall render their award or verdict accordingly. www md mw Sec. 7. That hereafter the Cluef of Enineers, United States Army ar senses. shall indicate in his annual reports the c aracter of the terminal and  ,*2 transfer facilities existing on every harbor or waterway rmder main- MW- tenance or improvement by the United States, and state whether Smddmwm they are considered adequate for existing commerce. He shall also iribmit fnleucgr more special reports pin  subject, as soon as possi e, incu, amon other things, e o 0 : (a) A brief description if such water terminals, including location  d um and the suitability o such terminals to the existing trams conditions, and whether such terminals are publicly or privately owned, and the terms and conditions under which they may be sn jected to public use.