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(3) Under: "Improvements desired,” where the resolution does not specify the character and extent of the improvement to be reported upon, state the desires of local interests and indicate which, if any, of the improvements requested may not be considered.
NOTICE OF UNFAVORABLE OR PARTIALLY UNFAVORABLE REPORTS
285. Interested parties should be notified.—Division Engineers upon the submission by them of any unfavorable report or partially unfavorable recommendation, whether of a preliminary examination or survey or review. of a previous report, will send notice of such unfavorable report to all parties known to be interested in the proposed improvement, including the Representatives and Senators from the State or States in which the desired improvement is located. The Members of Congress should also be furnished with a list of names and addresses of other parties interested who have been notified of the nature of the report. They should also be advised that any statements, facts, or arguments concerning the necessity for the proposed improvement which they may wish to present for the consideration of the reviewing officers should be forwarded to the Board of Engineers for Rivers and Harbors, Munitions Building, Washington, D. C. It is the policy of the Department to afford interested parties an opportunity to be heard before arriving at adverse conclusions of an important nature in its reports to Congress. Notices will, therefore, be sent to interested parties when the improvement recommended by the Division Engineer in à report on a preliminary examination, surrey, or review departs in any essential respect from what responsible local interests have advocated. Fifteen copies of the notice of unfavorable report shall be furnished the Office, Chief of Engineers.
285.1. Grounds for adverse conclusions.-In order that interested parties may be able to proceed intelligently to prepare their statements in behalf of desired improvement, in addition to being informed of the fact that an unfavorable report has been rendered, they should be advised briefly of tħe grounds upon which the adverse conclusions are based; also that any further information needed may be obtained upon application to the reporting officer.
285.2. Where interested parties desire datá necessary for the preparation of their appeal to the Board of Engineers for Rivers and Harbors, they will be afforded full opportunity to examine the copies of the reports of the District and Division Engineers in their respective offices, subject to the understanding that no part of the contents of these reports will be published until the reports have been submitted to Congress. Copies of the reports will not be furnished or loaned for use outside of the office, but interested parties will be permitted to make such notes of the contents as they desire,
285.3. District and Division Engineers will take proper precautions to insure that these privileges are extended only to those having a bona fide intention to present an appeal. In no instance will parties at interest be informed of, or allowed access to, the estimates of costs of surveys, or of improvements, submitted in survey reports or separately by the District Engineer in accordance with paragraph 279.4. If in exceptional cases the Division Engineer is of the opinion that any part of the report of the District Engineer is of such impropriety as not to warrant examination by interested parties, he will withhold notice of unfavorable report and either return the report of the District Engineer for revision or forward it to the Chief of Engineers with his views and recoinmendations as to appropriate action.
285.4. When interested parties desire access, to a pending favorable report prepared by a District or Division Engineer in compliance with the provisions of a river and harbor or flood control act or a resolution of an appropriate Committee of Congress, the request will be forwarded to the Chief of Engineers with the recommendations of the District and Division Engineers as to the advisability of granting the request. When permission of the Chief of Engineers is obtained for any person or persons to examine such a report prior to its transmission to Congress they will not be permitted to see, nor will they be furnished any information relative to, the syllabus, the conclusions, recommendations or estimates of cost pertaining to the report.
285.5. Form of notice.-(a) To secure uniformity of practice the notice of unfavorable report shall be substantially in the following form:
“It having come to the notice of the undersigned that you have expressed an interest in the pending proposition for the improvement of you are hereby informed that the report thereon, authorized by the Act of Congress, approved
has been made, and is unfavorable to the improvement. The principal grounds upon which the adverse conclusions are based are
"You are further notified that all interested parties have the privilege of an appeal from this conclusion to the Board of Engineers for Rivers, and Harbors, a permanent body sitting at Washington, D. C., to which all examination and survey reports of this character are referred. Parties desiring to do so may be heard on appeal by the Board, either orally or 'in 'writing. Written communications should be addressed to the Board of Engineers for Rivers and Harbors, Munitions Building, Washington, D. C., and should be 'mailed in time to be in the possession of the said Board within 4 weeks from the date of this communication. If, however, you have important data to communicate to the Board, which cannot be collected and put in shape for proper presentation within 4 weeks, the : Board should be informed of this fact without delay and request made
for an extension of the limiting date for submitting information. If oral hearings are desired, dates for the same may be arranged for by correspondence with the Board.
“Any further information needed may be obtained by application to this office, but attention is invited to the following regulation as to the manner in which such information may be furnished :
“Where interested parties desire data necessary for the preparation of their appeal to the Board of Engineers for Rivers and Harbors, they will 3 be afforded full opportunity to examine the copies of the reports of the
District and Division Engineers in their respective offices, subject to the 'q. understanding that no part of the contents of these reports will be pub->, Jished in the newspapers or otherwise until the reports have been submitted *3-* to Congress.: Copies of the reports will not be furnished or loaned for ; use outside of the office; but interested parties will be permitted to make < such notes of the contents as they desire. : ** s; “You are requested to communicate the foregoing to any persons known
by you to be interested in the improvement and who, not being known to 1 x this office, do not receive a copy of this communication,”.
(6) When a partially unfavorable recommendation for improvement or survey is made substantially the following language should be used in lieu of that contained in the first subparagraph (f) (1) above :
"It having come to the notice of the undersigned that you have expressed an interest in the pending proposition for the improvement of you are hereby informed that the report thereon, authorized by the Act of Congress approved
has been made, and is partially favorable to the improvement desired in that (here describe in general terms the improvement recommended, including the amount of local cooperation required but omitting the estimated cost of the work and annual maintenance). The principal reasons for recommending only a partial
improvement are 285.6. Since recent flood control acts also charge the Department of Agriculture with an irivestigation of the watersheds authorized therein, notices of unfavorable reports relating to flood control shall be worded substantially as follows: "The report is unfavorable (or partially unfavorable) to participation by the United States in any improvement or further survey for flood control measures for which the War Department is responsible.”
285.7. Statements to be attached.--A list of the parties to whom notice of unfavorable report is sent, and 15 copies of the notice, will be forwarded with the unfavorable report. Copies need not be sent direct to the Board of Engineers for Rivers and Harbors.
MANUSCRIPT, EXAMINATION, SURVEY, AND REVIEW REPORTS
286. Preparation of the manuscript.-The report will be on paper 8 by 1243 inches, in size. The report, ineluding all appendices forming a part of the report proper, will be mimeographed in the District office. The report will be forwarded through the Division Engineer. One copy of the complete report with its maps, drawings, illustrations and exhibits, will be furnished for the files of the Division Engineer, and 14 copies will be furnished the Chief of Engineers. All mimeo graphed copies will be marked “Confidential.” It is essential that a record of all mimeographed copies of reports issued prior to final submission of the report to Congress be maintained. Each mimeographed copy will therefore contain a serial number, and a record will be kept in the office of issue showing the disposition of each serial.
286.1. Syllabus.--All reports on preliminary examinations and surveys will be headed by an appropriate syllabus. When the Division Engineer conçurs with the District Engineer, his indorsement need not contain a syllabus, but when he disagrees, his reasons should be briefed in a syllabus.
286.2. Data for maps.-Maps will contain, in an otherwise unused portion of the sheet, a small-scale vicinity sketch to show the relation of towns, waters, railroads, etc., adjacent to the locality under consideration; the area of the vicinity map corered by the more detailed examination map to be indicated by a boundary of heavy lines. The lettering in the vicinity map will be of sufficient size to withstand at least the minimum reduction in reproduction referred to in subparagraph 286.7. At least one copy of each map will be a tracing on linen. A graphic scale, the cardinal points of the compass or coordinates of latitude and longitude and arrows at each end of the portion of the river represented indicating the direction of water flow will be placed on each sheet of all tracings.. Survey maps of barbors will contain a wind chart showing the force and direction of prevailing winds. All localities mentioned in the report should be shown on the maps. See also Circular Letter R & H No. 27, 1939.
286.3. Preparation of maps for publication.--As it is very desirable that maps accompanying examination, survey and review reports should be published in the document in which the reports are printed (especially when the survey reports are favorable to the improvement under discussion and the reports are likely to form the basis of future projects), the dimensions of maps will be made as small as practicable and letters and figures will be clear and distinct with a view to reduction by photolithography. In the case of maps of waterways and harbors characteristic soundings only are necessary as too numerous soundings tend to confusion. It very frequently happens that maps which are desirable for office records and for the careful study of the matter which is required in the district office are not at all suitable for publication. If it is desired to send with the report maps of this character there is' no objection provided maps suitable for publication are also sent. The latter should summarize, on one sheet if practicable, all necessary information covering the entire improvement under consideration. Supplementing the general instructions contained in paragraphs 218, 219, 220, 221, 222, 224, and 225 for the preparation of maps and drawings, the following information will be clearly and definitely indicated :
(a) Limits of existing project.
(1) Sufficient soundings, rock contours, etc., to show clearly the navigation and engineering aspects of the case.
When the insertion of Item (b) would confuse the drawing, it should be omitted.
286.4. Sizes.-These will conform to the dimensions prescribed in paragraph 218, with the exception of the 8 by 101/2-inch size. Tracings of maps, profiles, cross sections, and diagrams which can satisfactorily be reduced to the size of an octavo page cut 414 by 71/2 inches will be prepared on tracing linen, and measure 8 by 121,2 inches over all, with the work to be reproduced limited to dimensions of 638 by 1144 inches, including the lettering "War Department" and **Corps of Engineers, V. S. Army,” placed at the top of the drawing.
286.5. Media.--All drawings shall be made with black ink only, and when on tiacing cloth or paper all details will be inked in on the face of the tracing. Mass shading in pencil and the use of colors will not be permitted. While it is preferred that all drawings in which grids are employed in the presentation of horizontal and vertical scales be drawn in black on plain linen, with only a sufficient number of grid lines shown to indicate the principal intervals of the scales, the modified use of cross-section or profile cloth is permissible. In such instances a 410-inch interval cross section or 14 by 420-inch interval profile cloth, printed on the reverse side in orange or yellow, will be the smallest grids employed. Principal interval grid lines will be over-ruled in black, on the face of the drawing, except where the entire over-ruling is not essential to a comprehensive understanding of the data presented, when the intervals will be indicated by short black lines at each side of the graph. The use of graticulated paper forms printed in green is permissible when the grid is not so fine that it will close up when reduction is made, and render illegible lettering or small details thereon. As green lines reproduce the same as black, no over-ruling is necessary.
286.6. Title, scale, and date.-On illustrations prepared for octavo page size cuts, modification of the title block is permissible, owing to the impracticability of conforming to the proportionate size referred to in paragraph 222. Sufficient descriptive titles and subtitles will be used for ready identification. Graphic scales will be used for the maps, and for scales as on diagrams. The state. ment of the date and character of the report which the illustration accompanies, with the designation of the office of origin, will be shown. Other data in the title block prescribed in paragraph 222 may be omitted.
286.7. Lettering.-Letters and figures will in all instances be of sufficient size and with adequate spacing to withstand the customary minimum reduction of two-thirds of the original without closing up. Grid lines interfering with lettering will be removed.
286.8. Floating plant estimates.---When a survey report or review thereof is to contain an estimate for the construction of floating plant to be used in the execution of the project covered by the report, a general description of the proposed plant and of its proposed use, an estimate of its cost, and a statement as to the funds to which the cost will be charged will be submitted to the Office of the Chief of Engineers for approval prior to its incorporation in the survey report,
286.9. Release of reports to the public.-Copies of indorsements by the Division Engineer and the Board of Engineers for Rivers and Harbors, and the letter, of the Chief of Engineers submitting reports to the Secretary of War or to the appropriate committees of Congress, on each preliminary examination, survey and review report will be sent by the Division Engineer and by the Chief of Engineers, respectively, to the reporting officer concerned. On receipt of the carbon copy of the letter of the Chief of Engineers the reports may be considered as public information and local interests may be afforded free access to the copies of reports in the files of the district and division offices; subjeet only to such restrictions as may be necessary to preserve and safeguard them as public documents. Copies of the reports or any portions thereof may, be furnished on request at the cost of reproduction. :
PROJECTS AND SUBPROJECTS,
287. Submission of projects.-(a) All projects for commencing new works shall be submitted to the Chief of Engineers. When plans for public works have been sanctioned by the Secretary of War or the Chief of Engineers, they must not be departed from in any particular without express permission.
(0) Adoption of projects. The Government will not be deemed to have entered upon any project for the improvement of any waterway or harbor until the project for the proposed work shall have been adopted by law.
(c) Completion of project for less than estimated cost.-It is not permissible to modify, without proper authority, projects sanctioned by Congress, or add to them without further action by Congress, even though the execution of work for less than the estimate leaves à balance of the sum fixed as limiting cost. The authority of Congress is for certain work, rather than for the expenditure of the certain sums named as limiting cost.
(d) Submission of proposed inodifications of projects.-No modification of the approved project or plan for a work, or increased estimate for the completion of the project, will be included in the annual report of any officer in charge of a district before the modified project or estimate has been submitted to the Chief of Engineers in a special report and approved by the Chief of Engineers or Secretary of War.
288. Subprojects.-(a) The term “subproject” is applied to the proposed disposition of unexpended funds, as distinguished from the term "project,” which refers to the whole general plan of improvement. No work shall be undertaken, nor expenditure made, which is not covered by an approved subproject, except that necessary expenditure for administration, including inspections and minor surveys to ascertain conditions in the field are hereby authorized, at the discretion of the District Engineer, before the subproject is submitted or approved.
(0) Preparation and submission of subprojects.--Šubprojects relating to different projecť titles will not be included in the same letter. They shall be submitted