70TH CONGRESS 
HOUSE OF REPRESENTATIVES 
ReporT 
2d Session 
No. 2469 
  
  
EXTENDING THE PROVISIONS 
OF RIVERS AND HARBORS LAWS 
RELATING 
TO THE REMOVAL 
OF SUNKEN VESSELS 
TO THE 
VIRGIN ISLANDS 
  
FEBRUARY 12, 1929.—Committed to the Committee of the Whole House on the 
state of the Union and ordered to be printed 
  
Mr. Dempsey, from the Committee on Rivers and Harbors, submitted 
the following 
REPORT 
[To accompany H. J. Res. 411] 
The Committee on Rivers and Harbors, to whom was referred the 
resolution (H. J. Res. 411) to extend the provisions of section 
19 
of 
the rivers and harbors act approved March 3, 1899, to the navigable 
waters of the Virgin Islands, having considered the same, reports it 
back to the House with the following amendment: 
Page 1, line 3, strike out the words “section 19” and insert in lieu 
thereof the words “sections 19 and 20.” 
: 
As so amended the committee recommends that the bill do pass. 
Sections 19 and 20 of the rivers and harbors act approved March 3, 
1899, authorize the Secretary of War, in his discretion and under 
certain conditions, to remove sunken wrecks or other similar obstruc- 
tions from any navigable waters of the United States whenever navi- 
gation 
1s endangered by such obstructions. 
The joint resolution 
reported herewith amends these sections so as to make them applica- 
ble to the Virgin Islands. 
At the present time there is a wreck of an old floating dry dock 
lying at the bottom of the harbor of 
St. Thomas, Virgin 
Islands, 
which 
is 
a serious obstruction 
to the water traffic of that harbor. 
The Secretary of the Navy reports that this wreck would constitute 
a menace 
to 
safe navigation 
of ships 
in 
the event 
of 
a national 
emergency. 
A letter from the Secretary of the Navy, recommending that this 
proposed legislation be enacted, 
is appended herewith, 
as is also 
a 
communication from the Secretary of War suggesting the form and 
phraseology in which it should be enacted.
2 
EXTENDING PROVISIONS OF RIVERS AND HARBOR LAWS 
NAvYy DEPARTMENT, 
Washington, November 9, 1928. 
The SPEAKER OF THE HOUSE 
OF REPRESENTATIVES, 
Washington, D. C. 
My Dear MR. SPEAKER: 
I have the honor to transmit herewith a draft of a 
proposed bill to amend section 19 of the rivers and harbors act, 1899, relating 
to 
the removal 
of obstructions 
to navigation 
in 
the navigable waters 
of 
the 
United States. 
The purpose of this proposed legislation 
is to amend section 19 of the act of 
March 
3, 
1899, entitled ‘An act making appropriations for the construction, 
repair, and preservation of certain public works on rivers and harbors, and for 
other purposes” (30 Stat., p. 1154; U. S. C., title 33, sec. 414), so as to make its 
provisions include the navigable waters of the Virgin Islands. 
There is at present the wreck of an old floating dry dock that has been lying 
at the bottom of the harbor of St. Thomas, Virgin 
Islands, since 
May, 1924. 
This wreck, which has been abandoned by its owner, 
is a serious obstruction to 
the traffic of the harbor of St. Thomas and would constitute a menace to safe 
navigation of ships in the event of a national emergency. 
The Virgin Islands’ 
government can not under the law compel its former owner to remove the wreck, 
and the civil government of the Virgin Islands is without funds for the purpose. 
The United States has a direct interest in the harbor of St. Thomas, because 
the Navy maintains a station there, with a station ship, and naval transports 
enter the harbor regularly. 
The Navy has held winter maneuvers at 
Culebra, 
and as a result numerous warships entered the harbor of St. Thomas. 
The United States Shipping Board also maintains 
a fuel-oil station 
at 
St. 
Thomas, which 
its ships occasionally 
visit. 
Because 
of 
its strategic position, 
the harbor of St. Thomas would be of importance to the defense of the Panama 
Canal in the event of a national emergency. 
Although the removal of the wreck above mentioned could be accomplished 
by the enactment of a bill giving specific authority and making an appropriation 
for that purpose, it is deemed preferable to extend the provisions of the rivers and 
‘harbors act of 1899 to the Virgin Islands in order that any cbstructions to navi- 
gation in that vicinity, found in the future, may be taken care of without the 
necessity of further legislation. 
The 
cost 
to 
the Government, 
if the proposed legislation 
is enacted, 
would 
involve no additional appropriation, since funds for the removal of the sunken 
dry dock would be allotted from the general fund provided by Congress for the 
removal of wrecks. 
In view of the foregoing, the Navy Department recommends that the pro- 
posed legislation be enacted. 
Sincerely yours, 
Curtis 
D. WILBUR, 
Secretary of the Navy. 
  
A BILL To amend section 19 of the rivers and harbors act, 1899, relating to the removal of obstructions to 
navigation in the navigable waters of the United States 
Be it enacted by the Senate and House of Representatives of the United Stales of 
America in Congress assembled, That section 19 of the act of March 3, 1899, en- 
titled 
‘‘ An act making appropriations for the construction, repair, and preserva- 
tion 
of certain public works on rivers and harbors, and for other purposes,’ 
(30 Stat. L., 1154; U. S. Code, title 33, sec. 414) 
is hereby amended by inserting 
in line 2 affer the phrase ‘‘or other navigable waters of the United States’ the 
words 
‘‘or of the Virgin Islands,” 
so that section 
19 
as amended will read as 
follows: 
“That whenever the navigation of any river, lake, harbor, sound, bay, canal, 
or other navigable waters of the United States or of the Virgin Islands, shall be 
obstructed or endangered by any sunken vessel, boat, water craft, raft, or other 
similar obstruction, and such obstruction has existed for 
a longer period than 
thirty days, 
or whenever the abandonment of such obstruction can be legally 
established in a less space of time, the sunken vessel, boat, water craft, 
raft, or 
other obstruction shall be subject to be broken up, removed, sold, or otherwise 
disposed of by the Secretary of War at his discretion, without liability 
for any 
damage to the owners of the same: Provided, That in his discretion, the Secretary 
of War may cause reasonable notice of such obstruction of not less than thirty 
days, unless the legal abandonment of the obstruction can be established in a 
less time, 
to 
be given by publication, addressed 
‘To whom 
it may concern,’
EXTENDING PROVISIONS OF RIVERS AND HARBOR LAWS 
3 
in a newspaper published nearest to the locality of the obstruction, requiring the 
removal thereof: And provided also, That the Secretary of War may, in his dis- 
cretion, at or after the time of giving such notice, cause sealed proposals to be 
solicited by public advertisement, giving reasonable notice of not less than ten 
days, for the removal of such obstruction as soon as possible after the expiration 
of the above specified thirty days’ notice, in case it has not in the meantime been 
so removed, these proposals and contracts, 
at his discretion, 
to be conditioned 
that such vessel, boat, water craft, raft, or other obstruction, and all cargo and 
property contained therein, shall become the property of the contractor, and the 
contract shall be awarded to the bidder making the proposition most advantage- 
ous 
to 
the United States: Provided, That such bidder shall give satisfactory 
security to execute the work: Provided further, That any money received from the 
sale of any such wreck, or from any contractor for the removal of wrecks, under 
this paragraph shall be covered into the Treasury of the United States.” 
  
WAR DEPARTMENT, 
Washington, December 1, 1928. 
The SECRETARY oF THE NAVY. 
Dear MR. SECRETARY: Receipt is acknowledged of your letter of November 
12, 1928, transmitting copy of a communication to the Speaker, House of Rep- 
resentatives, recommending an amendment to section 19 of the river and harbor 
act of March 3, 1899. 
The purpose of the amendment 
is to extend the provisions of section 
19 to 
the navigable waters 
of the 
Virgin 
Islands. 
This 
could 
be done simply 
by 
joint resolution without the necessity of reenacting the entire section and without 
disturbing the unity of sections 9 to 20 of the act of 1899, all of which contain 
general provisions relating to the preservation and protection of navigable waters. 
This department much prefers that the aforesaid sections 
9 
to 
20 
be not 
disturbed, and 
I have, therefore, the honor to request that your recommenda- 
tion 
to Congress 
be modified 
so 
as 
to suggest the enactment 
of 
a resolution 
along the lines 
of the accompanying draft instead 
of the reenactment 
of the 
entire section 19. 
Sincerely yours, 
Dwicuar F. Davis, Secretary of War. 
  
JOINT RESOLUTION To extend the provisions of section 19 of the rivers and harbors act of March 3 
1899, to the navigable waters of the Virgin Islands 
Resolved 
by 
the Senate and House 
of Representatives 
of the 
United States 
of 
America wn Congress assembled, That the provisions of section 
19 of the act of 
March 
3, 
1899, entitled “An act making appropriations for the construction, 
repair, and preservation of certain public works on rivers and harbors, and for 
other purposes,” 
are hereby made applicable 
to the navigable waters 
of the 
Virgin Islands. 
  
NAvY DEPARTMENT, 
Washington, December 8, 1928. 
The CARMAN CoMMITTEE ON RIVERS AND HARBORS, 
House of Representatives, Washington, D. C. 
My Dear Mgr. CrairMAN: 
Referring to my letter addressed to the Speaker 
of the House of Representatives dated November 9, 1928, transmitting a draft 
of a proposed bill to amend section 19 of the rivers and harbors act, 1899, relating 
to the removal 
of obstructions 
to navigation 
in the navigable waters 
of the 
United States, which letter was on December 3, 1928, referred to the committee 
of which you are chairman, 
I have the honor to request that the inclosed draft 
of a proposed joint resolution be substituted for the draft of the proposed bill 
transmitted by my letter above referred to. 
The purpose of the joint resolution 
is identical with the purpose of the pro- 
posed bill. 
The substitution is requested at the suggestion of the Secretary of 
ar. 
A copy of my letter to the Speaker of the House of Representatives was for- 
warded to the Secretary of War for his information and such comment as he 
desired to make. 
I have just received a letter from that official, in which he 
states that the War Department prefers that the draft of the proposed joint
4 
EXTENDING PROVISIONS OF RIVERS AND HARBOR LAWS 
resolution be enacted rather than that sections 9 to 20 of the act of 1899, con- 
taining general provisions relating to the preservation and protection of navi- 
gable waters, be disturbed as provided in the draft of the proposed bill. 
In view of the foregoing, the Navy Department recommends that the proposed 
draft of the joint resolution be substituted for the proposed draft of the 
bill 
formerly recommended, and that the legislation as substituted be enacted. 
Sincerely yours, 
Curtis 
D. WILBUR, 
Secretary of the Navy. 
  
SecTioN 20 oF Rivers AND HARBORS ACT APPROVED MARCH 
3, 1899 
Sec. 20. That under emergency, in the case of any vessel, boat, water craft, 
or raft, or other similar obstruction, sinking or grounding, or being unnecessarily 
delayed in any Government canal or lock, or in any navigable waters mentioned 
in section 
19, 
in such manner as to stop, seriously interfere with, or specially 
endanger navigation, in the opinion of the Secretary of War, or any agent of the 
United States to whom the Secretary may delegate proper authority, the Secre- 
tary of War or any such agent shall have the right to take immediate possession 
of such boat, vessel, or other water craft, or raft, so far as to remove or to destroy 
it and to clear immediately the canal, lock, 
or navigable waters aforesaid 
of 
the obstruction thereby caused, using his best judgment to prevent any unnec- 
cessary injury; 
and no one shall interfere with 
or prevent such removal 
or 
destruction: 
Provided, That the officer or agent charged with the removal or 
destruction of an obstruction under this section may in his discretion give notice 
in writing to the owners of any such obstruction requiring them to remove it: 
And provided further, That the expense 
of removing any 
such obstruction as 
aforesaid shall be a charge against such craft and cargo; and if the owners thereof 
fail or refuse to reimburse the United States for such expense within 30 days 
after notification, then the officer or agent aforesaid may sell the craft or cargo, 
or any part thereof that may not have been destroyed in removal, and the pro- 
ceeds of such sale shall be covered into the Treasury of the United States. 
Such sum of money as may be necessary to execute this section and the pre- 
ceding section of this act is hereby appropriated out of any money in the Treasury 
Dol Sieve appropriated, to be paid out on the requisition of the Secretary 
of 
War. 
That all laws or parts of laws inconsistent with the foregoing sections 9 to 20, 
inclusive, of this act are hereby repealed: 
Provided, That no action begun, 
or 
right of action accrued, prior to the passage of this act shall be affected by this 
repeal. 
oO