Stats. L., vol. EXTRACT FROM THE RIVER AND HARBOR ACT 32, pp. 371-374. APPROVED JUNE 13, 1902. Navigable river, improvement by Any person or persons, corporations, municipal or corporations, etc. private, who desire to improve any navigable river, or any part thereof, at their or its own expense and risk may do so upon the approval of the plans and specifications of said proposed improvement by the Secretary of War and Chief of Engineers of the Army. The plan of said improvement must conform with the general plan of the Government improvements, must not impede navigation, and no toll shall be imposed on account thereof, and said improvement shall at all times be under the control and supervision of the Secretary of War and Chief of Engineers. rules for gable waters. navi Enforcing SEC. 6. That any regulations heretofore or hereafter prescribed by the Secretary of War in pursuance of the fourth and fifth sections of the river and harbor Act of August eighteenth, eighteen hundred and ninety-four, and any regulations hereafter prescribed in pursuance of the aforesaid section four as amended by section eleven of this Act, may be enforced as provided in section seventeen of the river and harbor Act of March third, eighteen hundred and ninety-nine, the provisions whereof are hereby made applicable to the said regulations. Bridges rights across of way and Mississippi Canal. and SEC. 10. That the provisions of section nine of the river Illinois and harbor Act of March third, eighteen hundred and ninety-nine, are hereby made applicable alike to the completed and uncompleted portions of the Illinois and Mississippi Canal. Whenever the Secretary of War shall approve plans for a bridge to be built across said canal he may, in his discretion, and subject to such terms and conditions as in his judgment are equitable, expedient, and just to the public, grant to the person or corporation building and owning such bridge a right of way across the lands of the United States on either side of and adjacent to the said canal; also the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of the bridge structure and approaches. Stats. L., vol. EXTRACT FROM THE RIVER AND HARBOR ACT OF 28, pp. 362-363. AUGUST 18, 1894. Drawbridges. SEC. 5. That it shall be the duty of all persons owning, for opening to be operating, and tending the drawbridges now built, or Regulations published. which may hereafter be built across the navigable rivers and other waters of the United States, to open, or cause to be opened, the draws of such bridges under such rules and regulations as in the opinion of the Secretary of War Penalties violations. the public interests require to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law. Every such person who shall willfully fail or refuse to open, or cause to be opened, the draw of any such bridge for the passage of a boat or boats, or who shall unreasonably delay the opening of said draw after reasonable signal shall have been given, as provided in such regulations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than two thousand dollars nor less than one thousand dollars, or by imprisonment (in the case of a natural person) for not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this section may be commenced before any commissioner, judge, or court of the United States, and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States: Provided further, That whenever, in the opinion of the Secretary of War, the Secretary public interests require it, he may make rules and regula- rules, etc. tions to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law, and any violation thereof shall be punished as herein before provided. Provisos. for of War may make ACT APPROVED MAY 9, 1900. CHAP. 387.—An Act Authorizing the Secretary of War to make regulations governing the running of loose logs, steamboats, and rafts on certain rivers and streams. Stats. L., vol. 31, p. 172. Exemption against floating ed by steam Vol. 30, p. 1152. Be it enacted by the Senate and House of Representatives Navigation. of the United States of America in Congress assembled, That from prohibition the prohibition contained in section fifteen of the river and sack rafts in harbor Act, approved March third, eighteen hundred and streams navigatninety-nine, against floating loose timber and logs, or sack boats. rafts, so called, of timber and logs in streams or channels actually navigated by steamboats, shall not apply to any navigable river or waterway of the United States or any part thereof whereon the floating of loose timber and logs and sack rafts of timber and logs is the principal method of navigation. But such method of navigation on such river or waterway or part thereof shall be subject to the rules and regulations prescribed by the Secretary of War as hereinafter provided. Secretary of to make SEC. 2. That the Secretary of War shall have power, war and he is hereby authorized and directed, within the regulations floating shortest practicable time after the passage hereof, to pre- rafts, etc. scribe rules and regulations, which he may at any time modify, to govern and regulate the floating of loose timber and logs, and sack rafts, (so called) of timber and logs 63178°-34--2 for logs, -force and other methods of navigation on the streams and waterways, or any thereof, of the character, as to navigation, in section one hereof described. The said rules and regulations shall be so framed as to equitably adjust conflicting interests between the different methods or forms of navigation; and the said rules and regulations shall be -publication published at least once in such newspaper or newspapers of general circulation as in the opinion of the Secretary of War shall be best adapted to give notice of said rules and regulations to persons affected thereby and locally interested therein. And all modifications of said rules and regulations shall be similarly published. And such rules and regulations when so prescribed and published as to any such stream or waterway shall have the force of law, and any violation thereof shall be a misdemeanor, and every person convicted of such violation shall be punished by a fine of not exceeding two thousand five hundred dollars nor less than five hundred dollars, or by imprisonment (in case of a natural person) for not less than thirty days nor more than one year or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this section may be commenced before any commissioner, judge, or court of the United States, and such commissioner, judge or court shall proceed in respect thereto as authorized by law in the case of crimes or misdemeanors committed against the United States. - penalty. Proviso. Procedure. Amendment. Pending actions unaffected. Stats. L., vol. 33, pp. 1147-1148. Secretary of SEC. 3. That the right to alter, amend, or repeal this Act at any time is hereby reserved. SEC. 4. That this Act shall not, nor shall any rules or regulations prescribed thereunder, in any manner affect any civil action or actions heretofore commenced and now pending to recover damages claimed to have been sustained by reason of the violation of any of the terms of said section fifteen, as originally enacted, or in violation of any other law. EXTRACT FROM THE RIVER AND HARBOR ACT War to make SEC. 4. That the Secretary of War is hereby authorized regulations for and empowered to prescribe regulations to govern the and dumping of transportation and dumping into any navigable water, or transportation dredgings, etc. Penalties violations. for waters adjacent thereto, of dredgings, earth, garbage, and other refuse materials of every kind or description, whenever in his judgment such regulations are required in the interest of navigation. Such regulations shall be posted in conspicuous and appropriate places for the information of the public; and every person or corporation which shall Vol. 30, pp.1152, violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be subject to the penalties prescribed in section sixteen of the river and harbor Act of March third, eighteen hundred and ninetynine, for violation of the provisions of section thirteen of 1153. to waters oysters. as used the said Act: Provided, That any regulations made in pur- Provisos. suance hereof may be enforced as provided in section Enforcement. seventeen of the aforesaid Act of March third, eighteen Vol. 30, p. 1153. hundred and ninety-nine, the provisions whereof are hereby made applicable to the said regulations: Provided further, Exemption That this section shall not apply to any waters within the for cultivation of jurisdictional boundaries of any State which are now or may hereafter be used for the cultivation of oysters under the laws of such State, except navigable channels which have been or may hereafter be improved by the United States, or to be designated as navigable channels by competent authority, and in making such improvements of channels, the material dredged shall not be deposited upon any ground in use in accordance with the laws of such State for the cultivation of oysters, except in compliance with said laws: And provided further, That any expense necessary in executing this section may be paid from funds available for the improvement of the harbor or waterway, for which regulations may be prescribed, and in case no such funds are available the said expense may be paid from appropriations made by Congress for examinations, surveys, and contingencies of rivers and harbors. * Expenses. dental to exami ative to bridges, SEC. 6. That expenses incurred by the Engineer Depart- Expenses inciment in all investigations, inspections, hearings, reports, nations, etc., relservice of notice, or other action incidental to examina- harbor lines, etc. tion of plans or sites of bridges or other structures built or proposed to be built in or over navigable waters, or to examinations into alleged violations of laws for the protection and preservation of navigable waters, or to the establishment or marking of harbor lines, shall be payable from any funds which may be available for the improve-. ment, maintenance, operation, or care of the waterways or harbors affected, or if such funds are not available in sums judged by the Chief of Engineers to be adequate, then from any funds available for examinations, surveys, and contingencies of rivers and harbors. EXTRACT FROM ACT APPROVED JUNE 10, 1930. SEC. 17. In the case of bridges heretofore authorized by Acts of Congress specifically reserving to Congress the right to subsequently regulate tolls on such bridges shall, in respect of the regulation of all tolls, be subject to the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SEC. 18. The right to alter, amend, or repeal this Act is hereby expressly reserved. Stats. L., vol. 46, p. 821. Regulating, on March 23, 1906; vol. 34, p. 84. ACT APPROVED JUNE 27, 1930. An Act To provide for the regulation of tolls over certain bridges. Toll charges. That any bridge authorized, prior to March 23, 1906, bridges author- by Act of Congress specifically reserving to Congress the ized prior to right to alter, amend, or repeal such Act, shall, in respect of the regulation of all tolls, be subject to the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. Amendment. SEC. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved. Stats. L., vol. 38, pp. 1053-1054. Anchorage grounds. Estab adoption and en and regulations. EXTRACT FROM THE RIVER AND HARBOR ACT 1 SEC. 7. That the Secretary of War is hereby authorlishment of, and ized, empowered, and directed to define and establish forcement of rules 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 establishment of such anchorage grounds shall have been recommended by the Chief of Engineers, and to adopt suitable rules and regulations in relation thereto; and such rules and regulations shall be enforced by the Revenue-Cutter Service under the direction of the Secretary of the Treasury: Provided, That at ports or places where there is no revenue cutter available such rules and regulations may be enforced by the Chief of Engineers under the direction of the Secretary of War. In the event of the violation of any such rules and regulations by the owner, master, or person in charge of any vessel, such owner, master, or person in charge of such vessel shall be liable to a penalty of $100; and the said vessel may be holden for the payment of such penalty, and may be seized and proceeded against summarily by libel for the recovery of the same in any United States district court for the district within which such vessel may be and in the name of the officer designated by the Secretary of War. Stats. L., vol. EXTRACT FROM THE RIVER AND HARBOR ACT OF 40, p. 266. AUGUST 8, 1917. Regulation harbors, etc. of SEC. 7. That section four of the river and harbor Act Vol. 28, p. 362. of August eighteenth, eighteen hundred and ninety-four, as amended by section eleven of the river and harbor Act of June thirteenth, nineteen hundred and two, be, and is hereby, amended so as to read as follows: Use of navigable waters to be retary of War. "SEC. 4. That it shall be the duty of the Secretary of regulated by Sec- War to prescribe such regulations for the use, adminis 1 Coast Guard Act approved Jan. 28, 1915, vol. 38, p. 801. |