149. Reports:

(a) As to rendition of annual and monthly reports of operations, see Cir. 2, 1896, Cir. 6, 1901, and Cir. 18, 1903, C. of E.,-§§ 38-41, 43-48.

(b) As to reports of completed batteries, etc., see Cir. 30, 1900, Cir. 18, 1903, and Cir. 3, 1905, C. of E.,—§§ 49-57.

(c) As to copies of reports on fortifications to be furnished to certain officers, see Cir. 17, 1905, and G. O. 10, 1903, C. of E.,-§§ 58, 115.

150. Transfers of completed works to the troops:

(a) As to the transfer of completed fortification works to the troops for use and care, see A. R. 1535.

(b) As to inspections by commanding officer, in company with the district engineer officer, on the occasion of the transfer of seacoast fortifications or their adjuncts to the artillery for use and care, see G. O. 65, A. G. O., 1901.

(c) When completed works of fortification are turned over to the artillery the receipt from the artillery officer should state that all the articles have been turned over to him in good order and condition. (Cir. 2, C. of E., 1900,--§ 369.)

(d) As to transfers of property on invoices and receipts in connection with turning over fortification works to the artillery, see Par. 3, Cir. 2, C. of E., 1900, -§ 369.

(e) As to the test to be given to storage batteries by the receiving officer at the time of their transfer to the troops, see Par. II, G. O. 6., A. G. O., 1902.

(f) Searchlights and electric plants not to be transferred without prior authority of the Chief of Engineers. C. of E., 1905,-§ 141.)

(Cir. 3,

151. Sites for fortifications and supervision thereover:

(a) For provisions of law regarding the acquisition of land for fortification purposes, see fortification appropriation act approved August 18, 1890; 26 Stats., 315, or 1 Sup. R. S., 780; 25 Stats., 357, or 1 Sup. R. S., 601; and R. S. 355, 3736.

(b) No public money to be expended upon any site or land purchased by the United States for the purposes of erecting thereon any armory, arsenal, fort, fortification, navy-yard,

custom-house, light-house, or other public building, of any kind whatever, until the written opinion of the AttorneyGeneral is had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. (R. S. 355; A. R. 708.)

(c) The expense of procuring an abstract of title to land owned by the United States is payable from the appropriation for contingencies of the Department procuring the abstract. (5 Comp. Dec., 62.)

(d) The expense of procuring an abstract of title to land to be used as a site for a fortification is a proper charge against the appropriation made for the purchase of the site if the abstract is needed by the United States attorney to assist him in examining the title, provided the land is to be purchased and not condemned. (3 Comp. Dec., 216.)

(e) When recommendation is made for the purchase of land it should be accompanied by the specific statement that the price agreed upon and recommended to be paid is reasonable and the best obtainable under all the circumstances. (Cir. 11, C. of E., 1904-§ 189.)

(f) As to payment of taxes on land to be acquired by the United States before title is finally approved by the AttorneyGeneral, see Cir. 9, C. of E., 1904-§§ 186-188.

(g) As to Federal and State jurisdiction over military reservations, see Cirs. 38 and 53, A. G. O., 1900.

(h) Department commanders to supervise all military reservations within the limits of their commands. Permission to a civilian not in the employ of the Government to occupy any part of a reservation not to be given, except by the Secretary of War. (A. R. 209.)

(i) Military posts temporarily evacuated by troops and lands reserved for military use will be under the charge of the Quartermaster's Department. (A. R. 211.)

(j) Permanent works of defense, and the lands appurtenant thereto, are under the supervision of the Engineer Department. (A. R. 211.)

(k) As to erection of temporary fortifications, under emergency, on land not owned by the United States, see joint

resolution approved April 11, 1898 (30 Stats., 737), published in Par. II, G. O. 21, A. G. O., 1898.

(1) For opinions of the Judge-Advocate-General of the Army regarding licenses granted by the United States to do certain acts on land owned by the Government, see Dig. Op., J. A. G., 1599-1616.

(m) The Secretary of War may lease land under his control for periods not exceeding five years. (Act of July 28, 1892; 27 Stats., 321, or 2 Sup. R. S., 56.)

152. Miscellaneous:

(a) For provisions regarding the supplies to be furnished and the work to be done at seacoast fortifications by the various supply departments, see G. O. 13, 51, and 72, W. D., 1906,—§ § 118, 404-413.

(b) The fouling by a vessel of cable or other material forming part of the seacoast defenses to be reported to The Military Secretary by the commanding officer of the post or station, in order that the proper steps may be taken under the act of July 7, 1898 (30 Stats., 717, published in Par. VI, G. O. 96, A. G. O., 1898), or otherwise. ( (Par. I, G. O. 30, W. D., 1905.)

(c) For provisions regarding the artillery staff officers of coast artillery posts and districts, and their duties, see G. O. 109, W. D., 1904, and A. R. 296–300.

(d) Vouchers for mileage in connection with fortification work will be presented to the nearest paymaster. (Cir. 23, C. of E., 1905,-§ 197.)

(e) For general provisions regarding contracts and othe. methods of procuring supplies and executing work in connection with fortifications, see G. O. 4, 1901 (amended by G. O. 3, 1902, and by G. O. 6, 1905), and G. O. 5, 1905, C. of E.,§ § 251-259.

(f) Submarine-mine property not to be used for other purposes without prior authority of the Chief of Artillery. (Par. II, G. O. 86, W. D., 1905.)

(g) Cable tanks to be kept filled with fresh water so far as practicable. (Par. II, G. O. 86, W. D., 1905.)

(h) As to items of property at fortifications which are expendable and those which are not expendable, see Cir. 45, A. G. O., 1901,-§ § 379, 380.

(i) Officers in charge of fortification works in the United States to keep in their possession at any one time only so many surveying instruments as are in actual use, as may be needed for probable emergencies, or as will certainly be required for use within the next succeeding four months. 6, 1871, and 15, 1904, C. of E.,—§ 364.)

(Cirs.

(j) For instructions regarding the ventilation of magazines, see pp. 22-24, 56, and 57, Artillery Circular D, revised edition, 1903.

(k) For concealment of batteries, seeds, nuts, acorns, etc., will be planted by the troops on the slopes and grounds adjacent to the batteries. Where necessary, the seeds may be supplied by the Engineer Department. (Letter of The Military Secretary, dated August 12, 1904; E. D. 51394/3; Cir. 7, Atlantic Division, 1904.)

CHAPTER VI.

RIVERS, HARBORS, AND CANALS.

PROJECTS.

153. Proposed modifications to be omitted from annual reports. No modification of the approved project or plan for a work or increased estimate for the completion of the project shall be included in the annual report of any officer in charge of a district before the modified project or estimate has been submitted to this office in a special report and approved by the Chief of Engineers or Secretary of War. (G. O. 7, C. of E., 1891.)

Citations:

(a) Projects for commencing new works of river and harbor improvement to be submitted to the Chief of Engineers. When plans for river and harbor works have been approved by the Chief of Engineers, they must not be departed from in any particular without express permission. (E. R. 7, 8; E. D.

54554.)

(b) An officer charged with any work involving the expenditure of money to submit a project for the manner in which it is proposed to apply the funds, with an estimate of the probable monthly expenditures. (E. R. 20.)

154. Not to be modified without proper authority. The river and harbor act of June 3, 1896, makes provision for the completion of certain works in accordance with projects which have been sanctioned by Congress, and in each case a limit is fixed for the cost of the improvement. In the case of some of these works the law provides that the Secretary of War shall not obligate the Government to pay more than $400,000 annually.