cannot do it and they have not been successful. The lines are covered with dust and they find that the maintenance of their equipment is almost prohibitive in cost. So I was hoping that the exports of the Corps of Engineers could arrive at some economic solution to our problem.

I feel there is probably no legal responsibility on the United States Government to carry out this work to see that the changes are made to meet the problem that we have, but certainly I feel that there is a moral obligation that some work should be done to try to alleviate that condition.

Mr. ANGELL. What is the extent of these spoil banks?

Mr. BENTSEN. I have pictures of them here, if you would like to see them.

Mr. ANGELL. How many acres do they cover?

Mr. BENTSEN. I would say that about 3 miles of these spoil banks exist. That is purely a guess on my part.

Mr. ANGELL. They are not needed for levee use?

Mr. BENTSEN. No, sir.

Mr. ANGELL. Do you have a proposal for the committee? Is there a proposal pending before the committee that would alleviate the drainage which the Federal Government should carry out?

Chairman WHITTINGTON. No, Mr. Angell, when Colonel Moore was before us previously, this Brazos Island here had not been reported and we did not have any statement about it. The only thing that is pending before us is that matter.

Now, Mr. Bentsen had introduced a bill here and Colonel Moore during the previous hearings had stated that under the existing project the local interests were required to provide the spoil bank, for it, and it was the responsibility of the local interests and not the Federal Government. Am I correct in that, Colonel Moore?

Colonel MOORE. Yes, Mr. Chairman. We submitted a report in 1942 on this problem. In that report we found that there is a dust problem there but stated, however, that the spoil was deposited at the request of the Port Isabel-San Benito navigation district, sponsors of the navigation project, that it was the responsibility of the navigation district to relieve any dust nuisance that may have been caused by the deposit of spoil along the island, and that no Federal interest was involved.

Mr. BENTSEN. May I add that as I said before, I believe there is no legal responsibility on the Government. When he says that it was deposited by request of the navigation district, I think what actually happened is the navigation district waived any liability of the Government in the construction of the navigation channel and placing the spoil banks there; is that not correct, Colonel?

Colonel MOORE. I cannot state that positively at the moment, although there was undoubtedly a general requirement of local interests that they furnish release from damages.

I think probably it went still further than that in the negotiations with the district engineer as to the precise location of the spoil area. Mr. BENTSEN. As I said, I do not believe there is a legal responsibility there; but this is something I don't think was anticipated by anyone and something that a town of 2,500 people cannot bear the financial burden of rectifying. This town has a property valuation of $1,700,000 and its indebtedness is $133,000.

Chairman WHITTINGTON. I can appreciate that. Let me ask you: Does the sand arise solely from this bank?

Mr. BENTSEN. That is by far the major cause.

Chairman WHITTINGTON. Where does the other come from?

Mr. BENTSEN. You will have some sand areas to the south which were contributing sand before, but very little. They had no real problem before these spoil banks were built up which are considerably above the water level.

Chairman WHITTINGTON. You understand that we have no report on your bill, that we are hearing you because you are here. We are glad to have your statement but the Corps of Engineers has not submitted a favorable recommendation. Ordinarily, this committee only considers items when there is a favorable recommendation by the Corps of Engineers and if you would like for us to have a study of this made

Mr. BENTSEN. I would like very much.

Chairman WHITTINGTON. It looks to me as if a resolution requesting a study would be in order. What would you say about it? You cannot make a report on it until you have some kind of instruction from Congress.

Colonel MOORE. No, sir; we cannot. Unless the circumstances have changed, however, your committee already has the report that I mentioned which is unfavorable to Federal correction of the problem.

Chairman WHITTINGTON. Thank you very much. If you can work out anything that would help him, we would like to do it. I know dust storms are terrific in Texas, not only down on the bay, but I have seen conditions such that I could hardly see.

Mr. BENTSEN. We did not have that problem before the spoil banks were built. This is something that would normally be anticipated by the construction.

Chairman WHITTINGTON. What is the solution of it?

Mr. BENTSEN. I would guess the solution would be to go in and try to develop some type of vegetation growth on these spoil banks. Mr. ANGELL. Mr. Bentsen, is it composed of sand completely, or dirt?

Mr. BENTSEN. It is sand.

Chairman WHITTINGTON. The project has been completed?
Mr. BENTSEN. Yes, sir.

Chairman WHITTINGTON. Colonel Moore if you can make any suggestion that would warrant a review report, if conditions have changed from your original report, please keep it in mind.

You have been very fair, Mr. Bentsen, but you appreciate our position.

Mr. LARCADE. How far is Brazos Island from

Mr. BENTSEN. I suppose you mean what we refer to as Port Isabel. Mr. LARCADE. The thing you have just testified about.

Mr. BENTSEN. It is just outside of town.

Mr. LARCADE. How far from there?

Mr. BENTSEN. Well, I would say it adjoins the city limits if not in it.

Chairman WHITTINGTON. Is there a dust problem in that town? Mr. BENTSEN. In the harbor you do not have the dust problem. It is the spoil banks.

Chairman WHITTINGTON. Where are you going to deposit the spoil if you clean out the harbor?

Mr. BENTSEN. The harbor is cleaned out and it is in good shape. We have no objections there, but the sand is on the spoil banks and it should either be treated with oil, or something like that.

Chairman WHITTINGTON. What I am trying to get at is, what disposition do you make of the sand or whatever you dredge?

Mr. BENTSEN. It should be deposited on the southwest side of the town so the breeze takes what you have in there around the harbor away from the town.

Chairman WHITTINGTON. Away from the town instead of to town. Mr. BENTSEN. But the channel comes up along the south side of the town and along the southeast.

Chairman WHITTINGTON. You certainly do not want to contribute by the adoption of another project there to multiplying your troubles by sandstorms. I want to be sure, so far as I am concerned, that this project here, before the Government spends this $2,300,000 does not create a recurrence by depositing sand. Do you see what I am talking about.

Mr. BENTSEN. That point is to the southwest, which will be clear

of town.

Chairman WHITTINGTON. You do not think we would have that trouble?

Mr. BENTSEN. Not on that part of it.

Chairman WHITTINGTON. You did not anticipate that trouble which took place when this project was originally adopted?

Mr. BENTSEN. No, sir.

Chairman WHITTINGTON. Thank you very much.

Mr. LARCADE. The project next on the agenda, Colonel, is Toledo Harbor, Ohio. Will you please give us your report on that?

TOLEDO HARBER, OHIO

(H. Doc. No. 189, 81st Cong.)

Colonel MOORE. Mr. Chairman, the report on Toledo Harbor, Ohio, as published in House Document No. 189, Eighty-first Congress, is in response to a resolution adopted July 3, 1945, by the Committee on Rivers and Harbors of the House of Representatives. This report is an interim report, a final report on other improvements desired by local interests, in response to the resolution, will be submitted at a later date.

Toledo, Ohio, is located at the westerly end of Lake Erie. The city is situated on both banks of Maumee River which flows northeast and empties into Maumee Bay, a shallow arm of the lake. Ottawa River empties into the bay north of Maumee River.

Toledo, with a population of 282,349 in 1940, is an important industrial center and point for transfer of freight between lake boats and railroad lines. Among its principal industries are a shipbuilding company and plants for the manufacture of automobiles and accessories, glass, machinery, weighing scales, locomotives, and electrical equipment, and for oil refining.

The existing Federal project for Toledo Harbor provides for a channel, 25 feet deep and about 16.5 miles long, extending from deep

water in Lake Erie to the mouth of Maumee River and for a stonerevetted earth dike 1,000 feet long in this channel to form a foundation for range lights in Maumee Bay. This channel has a project width of 500 feet except at the dike where the passage on each side is 300 feet wide. The project also provides for a channel 25 feet deep extending from the inner end of the lake and bay channel up Maumee River to the Baltimore & Ohio Railroad dock, mile 6.9, with width of 400 feet between the river mouth and Fassett Street, mile 6.2 and of 200 feet thence to mile 6.9; and for a turning basin 18 feet deep and 8.25 acres in area at the upper end of the improved river channel.

The improvement was completed in 1936. Costs to the United States for the existing project were about $1,410,000 for new work and maintenance prior to 1903, and $3,690,000 for new work and $3,368,000 for maintenance since 1903, a total to February 29, 1948, of approximately $8,468,000.

Local interests have dredged a mooring lagoon, adequate for about 12 lake vessels, near the mouth of the river.

During the period 1937 to 1946, inclusive, the harbor handled an average of 28,270,261 tons of commerce and 101,960 passengers annually. The principal items of commerce during the 10-year period were coal and coke, 78,9 percent; petroleum and its products, 9.7 percent; and iron ore, 9.1 percent. About 57 percent of the commerce is transferred over the Chesapeake & Ohio Railway dock located on the south side of the channel at the river mouth. A large new terminal, just lakeward of that dock, has been constructed recently by a company owned jointly by the New York Central Railroad and the Baltimore & Ohio Railroad. In the future most of the coal will move through these two terminals.

In 1946, a total of 15,345 vessel trips were made in the harbor, including 3,272 trips by vessels drawing 18 to 24 feet.

The port has 47 piers, wharves, and docks, including 7 large railroad terminals.

Local interests desire that the channel opposite the Chesapeake & Ohio Railroad dock be widened on the north side by 460 feet with tapered approaches. This point is at a bend where the improved river channel joins the project channel in Maumee Bay. The widening is desired to eliminate damages and delays which vessels now experience when backing out from the railroad dock and turning toward the lake. Large freighters have difficulty in maneuvering in the restricted area in the vicinity of the Chesapeake & Ohio Railroad dock, frequently foul their rudders and wheels, delay other vessels entering and leaving the harbor, and occasionally have collisions. The district engineer recommends widening of the channel at the locality, starting at a point 1,415 feet westerly at the bend, increasing to a maximum width of 460 feet at the bend in the north channel line, and tapering back to the existing channel line at a point 1,640 feet easterly of the bend. The division engineer concurs except that he believes that local interests should be required to hold and save the United States free from all damages resulting from the construction works. The Board of Engineers for Rivers and Harbors concurs with the reporting officers. Widening of the channel as proposed is required to provide ample maneuvering area for vessels and is justified by the benefits that will be derived from the elimination of vessel damage.

The Board recommends modification of the existing project for Toledo Harbor, to provide for widening of the channel opposite the Chesapeake & Ohio Railroad dock, starting at a point on the north channel line 1,415 feet westerly of the bend in the existing channel, increasing to a maximum of 460 feet at the bend, and tapering back to the existing channel line at a point 1,640 feet easterly of the bend, generally in accordance with the plan of the district engineer and with such modifications thereof as in the discretion of the Chief of Engineers may be advisable.

In accordance with existing law a copy of the Chief of Engineers proposed report was furnished the Governor of Ohio for comment. The director, Department of Public Works, State of Ohio advised the improvement is needed and necessary.

În accordance with section 4 of Executive Order No. 9384 the report was submitted to the Bureau of the Budget for information as to the relationship of the proposed report to the program of the President. The Bureau of the Budget advised that there would be no objection to the submission of the report to Congress.

The Chief of Engineers after due consideration of these reports concurs in the views and recommendations of the Board.

The improvement is recommended subject to the requirement that local interests agree to hold and save the United States free from damages resulting from the construction works.

The cost to United States for construction is estimated in the report at $329,900.

The annual carrying charges are estimated at $16,830, including $4,000 annually for maintenance in addition to that now required.

Annual benefits are estimated at $18,900, of which $11,200 is from elimination of damage to vessels caused by striking the opposite side of the channel when backing out of the slips, and $7,700 from the elemination of out-of-service time of these vessels while being repaired. The benefit-cost ratio is 1.12.

Toledo Harbor is one of the biggest ports on the Great Lakes. A vessel when damaged in backing out of the slip ties up all traffic in the channel. In addition to the evaluated benefits there are certain benefits of an intangible nature from added safety and convenience to passing vessels.

Mr. McGREGOR. There is actual damage done to vessels in the harbor?

Colonel MOORE. Yes sir; at this praticular point.

Mr. McGREGOR. The safety value was not taken into consideration when you determined your ratio?

Colonel MOORE. The safety factor was fully considered, but was not evaluated. Neither was the interruption to through traffic.

Mr. McGREGOR. Mr. Chairman, if I could inquire there, I believe the record shows that a hearing was held in 1946 and at that hearing representatives of the city and county governments, the sanitary districts, the railroad companies, shipping interests, real-estate developments, yachting and other private concerns were present and had no objection to this project.

Colonel MOORE. That is correct.

Mr. McGREGOR. Do you know of any objections from the people that are directly associated with the project?

Colonel MOORE. No, sir; I do not.