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Mr. JONES of Washington, from the Committee on Commerce, submitted the following

REPORT.

[To accompany S. 2199.]

The Committee on Commerce, to whom was referred the bill (S. 2199) to provide for the marking of anchorage grounds in waters of the United States, having considered the same, report favorably thereon, and recommend that the bill do pass without amendment. The bill has the approval of the Departments of the Treasury and of Commerce and of the United States Shipping Board, as will appear by the annexed communications:

Hon. WESLEY L. JONES,

Chairman Committee on Commerce,

United States Senate.

TREASURY DEpartment, Washington, September 28, 1921.

MY DEAR SENATOR: I wish to bring to the attention of your committee the urgent need for legislation which will permit the Lighthouse Service to establish and maintain buoys to mark Federal anchorage grounds established in accordance with law. Under the act of March 4, 1915 (38 Stats., 1053), the Secretary of War is directed to define and establish anchorage grounds for vessels in all harbors, rivers, bays, and other navigable waters of the United States whenever it is manifest to the said Secretary that the maritime or commercial interests of the United States require such anchorage grounds for safe navigation, and the Coast Guard, under the direction of the Secretary of the Treasury, is charged with the enforcement of such rules and regulations as may be promulgated by the Secretary of war in this connection. In accordance with the above-mentioned law, anchorage grounds have been established in our larger ports, and it is necessary in numerous cases, in the absence of ranges, to define the limits of these anchorage areas with buoys for the guidance of marine commerce. The Lighthouse Service has held that, under a decision of the Comptroller of the Treasury, anchorage buoys do not come within the classification of "aids to navigation," and as Congress appropriates specifically for “aids to navigation," that service is without authority of law to establish and maintain anchorage buoys. As anchorage buoys are absolutely essential for the proper marking of anchorage grounds, it has been necessary to secure specific legislation for their establishment and maintenance by the Lighthouse Service in several of our larger ports, viz, New York, Philadelphia, and Hampton Roads, but no authority of law exists for the placing of anchorage buoys in

any other port where it may be necessary in the interest of safe navigation to establish anchorage grounds.

In pursuance to the act of March 4, 1915, referred to above, the Secretary of War recently defined anchorage grounds in San Francisco Bay, and it was necessary to indicate the location of some of these areas with anchorage buoys. As an illustration, the following description of anchorage No. 13 is quoted from the regulations issued by the Secretary of War:

Anchorage Area No. 13-Explosive anchorage.-The circular area bounded by a circle having a radius of 1,500 feet about the white buoy used to mark the location of this anchorage. The circular zone 1,500 feet outside this explosive anchorage area No. 13 is forbidden anchorage and shall not be used by any vessels."

This is an explosive anchorage and the captain of the port at San Francisco has urged the establishment of the white buoy to indicate its location. The importance and necessity of this buoy in the interest of safe navigation is readily apparent, and it is absolutely essential for the guidance of vessels receiving and discharging explosive shipments, but owing to the absence of any legislation permitting the establishment of anchorage buoys by the Lighthouse Service, a rather embarrassing situation is created. There is now pending before your committee bill S. 2199, to provide for the marking of anchorage grounds in waters of the United States, which, if enacted, will remedy just such a condition as now exists in San Francisco Harbor, and I am bringing this matter to the attention of the committee to point out the pressing need and urgency for the passage of legislation along the lines of this bill.

Respectfully yours,

A. W. MELLON, Secretary of the Treasury.

Hon. W. L. JONES,

DEPARTMENT OF COMMERCE,
OFFICE OF THE SECRETARY,
Washington, July 11, 1921.

United States Senate, Washington, D. C.

MY DEAR SENATOR: I have your letter of July 2, requesting a report on S. 2199, to provide for the marking of anchorage grounds in the waters of the United States. I inclose herewith a memorandum prepared by the Acting Commissioner of Lighthouses.

Yours, faithfully,

HERBERT HOOVER.

DEPARTMENT OF COMMERCE,
BUREAU OF LIGHTHOUSES,
Washington, July 6, 1921.

Memorandum for the Secretary of Commerce. Subject: Senate bill 2199, to provide for the marking of anchorage grounds in waters of the United States.

1. Referring to letter of July 2, 1921, from the chairman of the Senate Committee on Commerce, inclosing with request for suggestions, etc., a copy of Senate bill 2199 (67th Cong., 1st sess.), "To provide for the marking of anchorage grounds in waters of the United States."

2. The department is informed that this proposed legislation places the duty of marking anchorage grounds on the Commissioner of Lighthouses and charges the expense thereof to the annual appropriations of the Lighthouse Service. Heretofore it has been held that the marking of anchorage grounds is not a function of the Lighthouse Service, except as specifically authorized by Congress. Such authority has been granted only to cover the maintenance of anchorage buoys in New York Harbor and Philadelphia Harbor (act of May 14, 1908, sec. 4; 35 Stat., 162), and in the harbors of New York and Hampton Roads (act of June 5, 1920, sec. 1; 41 Stat., 880), in the latter case appropriations of the Lighthouse Service for the fiscal year 1921 only being available. Nevertheless, it is a fact that the Lighthouse Service is the best equipped of the Government services to perform this duty, and it is considered to be in the interest of efficient administration that general legislation to authorize the Lighthouse Service to undertake this work be enacted. This particular duty does not appear at the present time to be specifically imposed upon any branch of the Government. The Secretary of War, who, under the provisions of the act of March 4, 1915 (38 Stat., 1053), is charged

with the duty of defining and establishing anchorage grounds for vessels, concurs in the proposal for the Lighthouse Service to take over the duty and expense of providing and maintaining the necessary marks for anchorage grounds.

3. A statement to the above effect was made to the chairman of the Senate Committee on Commerce by the department in its letter of June 18, 1921, transmitting draft of the proposed legislation for the consideration of the Senate. It is recommended that the Senate bill 2199 be passed. J. S. CONWAY, Acting Commissioner of Lighthouses.

UNITED STATES SHIPPING BOARD,
Washington, July 23, 1921.

Hon. WESLEY L. JONES,

Chairman Committee on Commerce,

United States Senate, Washington, D. C.

MY DEAR SENATOR: Replying to your letter relative to bill S. 2199, providing for the marking of anchorage grounds in waters of the United States, it would appear that the object sought to be accomplished by the bill would be of advantage to the Shipping Board, and we have no objection, therefore, to the passage of the bill.

Very truly, yours,

O

A. D. LASKER, Chairman.

BRIDGE ACROSS SNAKE RIVER, WASH.

DECEMBER 16, 1921.-Ordered to be printed.

Mr. JONES of Washington, from the Committee on Commerce, submitted the following

REPORT.

[To accompany S. 2831.]

The Committee on Commerce, to whom was referred the bill (S. 2831) to authorize the State of Washington to construct a bridge across the Snake River, at or near Central Ferry, in or about section 9, township 13 north, range 40 east, Willamette meridian, having considered the same, report favorably thereon, and recommend that the bill do pass without amendment.

The bill has the approval of the Department of War, as will by the annexed communication.

appear

WAR DEPARTMENT, December 14, 1921. Respectfully returned to the chairman Committee on Commerce, United States Senate.

So far as the interests committed to this department are concerned, I do not know of any objection to the favorable consideration by Congress of the accompanying bill (S. 2831, 67th Cong., 2d sess.) to authorize the State of Washington to construct a bridge across the Snake River, at or near Central Ferry, in or about section 9, township 13 north, range 40 east, Willamette meridian.

O

J. M. WAINWRIGHT,
The Assistant Secretary of War.

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