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thousand dollars; of which sum, twenty-five thousand dollars, or so much thereof as may be necessary, shall be expended in removing the rock obstruction at the mouth of Licking River, twenty thousand dollars, or so much thereof as may be necessary, shall be expended for the construction of a drift-gap at Davis Island Dam, with the necessary bear-trap gates and masonry walls, and seven thousand five hundred dollars in constructing an ice-pier pursuant to the present or prospective plan of Chief of Engineers, at or near Portsmouth, Ohio: Provided, That the Secretary of War is hereby authorized and directed to obtain, if he can do so without cost to the United States, a perpetual lease or conveyance of the riparian rights of the property owners at said locality, in the event said ice-pier shall be located where there is no landing place: And provided further, That at said locality, if it be an improved landing, he shall first obtain a relinquishment of wharfage rights and dues in favor of water craft seeking protection from damage by ice; and no part of this appropriation shall be used for such purpose until the foregoing conditions are complied with; and two thousand five hundred dollars of said Ohio River appropriation may be used for improving the channel in the mouth of the Big Hocking River below the first dam therein; and twenty thousand dollars of said Ohio River appropriation may be used for harbor improvement at Madison, Indiana, according to the plans heretofore submitted by Lieutenant-Colonel Merrill, Corps of Engineers; also out of said Ohio River appropriation the sum of fifteen thousand dollars may be expended in completing the construction of the embankment on the south side of the Great Miami River near its junction with the Ohio, to confine the waters of the Great Miami in great floods to the general course of its channel at or near the Ohio, to the end that the formation of the bar in the Ohio now obstructing navigation may be arrested; also out of said Ohio River appropriation the sum of fifteen thousand dollars may be expended in the construction, or aiding in the construction, of such an embankment at Shawneetown, Illinois, as will confine the waters of the river in great floods to the general course of its channel, and protect the harbor; and thirty thousand dollars of said sum of three hundred and eighty thousand dollars may be expended in protecting the harbor at Cairo, Illinois, in the discretion of the Secretary of War, if in the opinion of the Secretary of War the interests of commerce require it.

Improving the falls of the Ohio River: Continuing improvement, according to the last plan of the engineer in charge, one hundred and fifty thousand dollars; of which sum twenty-five thousand shall be used in enlarging the canal basin near the locks at Louisville, Kentucky, as recommended in the Engineer's Report of eighteen hundred and eighty-five, page one thousand eight hundred and four.

Improving Indiana Chute Fall, Ohio River: Continuing improvement, fifteen thousand dollars.

Improving Muskingum River, Ohio: For the construction of a lock at Taylorsville and the reconstruction of the lock at Zanesville, pursuant to the report of the engineers, one hundred and two thousand dollars; and the Secretary of War is hereby authorized and empowered to grant leases or licenses for the use of the water powers on the Muskingum River at such rate and on such conditious and for such periods of time as may seem to him just, equitable, and expedient: Provided, That the leases or licenses shall be limited to the use of the surplus water not required for navigation. And he is also empowered to grant leases or licenses for the occupation of such lands belonging to the United States on said Muskingum River as may be required for millsites or for other purposes not inconsistent with the requirements of navigation; and all moneys received under such leases or licenses shall be turned into the Treasury of the United States, and the itemized statement thereof shall accompany the annual report of the Chief of Engineers.

But nothing in this act shall be construed to affect any vested right, if such there be, of any lessee of water power on said river.

Improving Detroit River, Michigan: To complete, one hundred and thirty thousand and five hundred dollars.

Improving Hay Lake Chaunel, Michigan: Continuing improvement, five hundred thousand dollars: Provided, That any portion, or all of this sum may, in the discretion of the Secretary of War, be used in the work at the falls of the Saint Mary's River, in addition to the specific appropriation herein made for the latter.

Improving Saginaw River, Michigan: Continuing improvement, sixty-five thousand dollars, of which twenty-five thousand dollars are to be used above Bay City, and fifteen thousand dollars in improving the west channel along West Bay City.

Improving Saint Clair Flats Ship Canal, Michigan: Continuing improvement, seventy-five thousand dollars; all or any portion of which may, in the discretion of the engineer, be expended in dredging Grosse Pointe Channel.

Improving Saint Mary's River, at the Falls, Michigan: Continuing improvement on new lock, damn, and approaches, one million dollars.

Improving Clinton River, Michigan: Continuing improvement, ten thousand dollars; and the Secretary of War be, and is hereby, authorized to accept for the United States a conveyance of the parcel of land known as "Shoemaker's Bend," as per war

ranty deed from city of Mount Clements to United States, under date of December twenty-ninth, eighteen hundred and eighty-seven, amounting to six and three-quarter acres, for the purpose of straightening the channel of Clinton River.

Improving Saint Joseph River, Michigan, from its mouth to Berrien Springs, two thousand five hundred dollars.

Improving mouth of Black River, Michigan, ten thousand dollars.

Improving Rouge River, Michigan, at its junction with Detroit River, and up the river as far as the bridge of Saint Louis and Wabash Railroad, ten thousand dollars. Improving Chippewa River, including Yellow Banks, in said river, Wisconsin : Continuing improvement, ten thousand dollars.

Improving Fox River, Wisconsin, below Montello, except as hereinafter provided: Continuing improvement, one hundred thousand dollars; of this sum five thousand dollars, or so much thereof as may be necessary, shall be used for deepening the south outlet of Lake Winnebago, at Neenah, Wisconsin, so as to make navigation practicable during low water season; six thousand dollars, or so much thereof as may be necessary, shall be expended in constructing a levee at Portage, Wisconsin, to prevent the overflow of the Wisconsin River into the Upper Fox River.

The sum of six thousand dollars, appropriated by the river and harbor act of August fifth, eighteen hundred and eighty-six, for a levee at Portage, Wisconsin, shall be available for that purpose; the sum of ten thousand dollars, appropriated by the river and harbor act of July fifth, eighteen hundred and eighty-four, "to be used in maintaining a channel between DePere and Green Bay, Wisconsin," shall be used, as soon as practicable, on the Lower Fox River, in buoying, straightening, and further deepening the channel of said river, between said cities.

Improving Saint Croix River, Wisconsin and Minnesota: Continuing improvement, ten thousand dollars.

Improving Red River of the North, Minnesota: Continuing improvement, twenty thousand dollars.

Improving Minnesota River, Minnesota, including protecting and holding the banks opposite the borough of Belle Plaine, so as to prevent the river from cutting through the narrow neck of land at that point and thereby changing its channel and course, ten thousand dollars.

Improving Wabash River, Indiana and Illinois, above Vincennes: Continuing improvement, five thousand dollars.

Improving Wabash River, Indiana and Illinois, below Vincennes: Continuing the work on lock and dam at Grand Rapids, near Mount Carmel, Illinois, fifty thousand dollars, and for continuing improvements, including the work at or near Grayville, . ten thousand dollars.

Improving White River, Indiana: Continuing improvement, five thousand dollars: no part of which is to be expended until the bridges are so changed as not to obstruct navigation.

Improving Calumet River, Illinois and Indiana: Continuing improvement, fifty thousand dollars; of which fifteen thousand is to be used in improving the river above the Forks to one-half mile east of Hammond, and thirty-five thousand for the improvement of the river between its mouth and One hundred and eighth street.

The amount heretofore appropriated for the improvement of said Calumet River from its mouth to its Forks, or so much thereof as may be necessary, shall be immediately available for the improvement between its mouth and One hundred and eighth street, anything in the act of July fifth, eighteen hundred and eighty-four and August fifth, eighteen hundred and eighty-six to the contrary notwithstanding.

Improving Illinois River, Illinois: Continuing improvement, two hundred thousand dollars. And for the purpose of securing a continuous navigable water-way between Lake Michigan and the Mississippi River, having capacity and facilities adequate for the passage of the largest Mississippi River steam-boats, and of naval vessels suitable for defense in time of war, the Secretary of War is authorized and directed to cause to be made the proper surveys, plans, and estimates for a channel improvement and locks and dams in the beds of the Illinois and Desplaines Rivers from La Salle to Lockport, so as to provide a navigable water-way, not less than one hundred and sixty feet wide, and not less than fourteen feet deep, and to have surveyed and located a channel from Lockport to Lake Michigan, at or near the city of Chicago, such channel to be suitable for the purposes aforesaid; the necessary expenses of such surveys, estimates, plans, and location to be paid out of the sum herein appropriated for the improvement of the Illinois River.

The Secretary of War is further authorized and directed to cause to be located, on such line as he may approve, a canal from the Illinois River at or near the town of Hennepin to the Mississippi River at or above the mouth of Rock River, together with a necessary feeder for the same, said canal to be known as the Illinois and Mississippi Canal, and to be eighty feet wide at the water line, and to have a depth of not less than seven feet of water, with locks one hundred and seventy feet long and thirty feet wide. The Secretary of War shall cause to be made and submitted to Congress de

tailed plans and estimates for the construction of said canal and feeder; the necessary expense of making such location, plans, and estimates shall be paid out of the unexpended balance on hand heretofore appropriated for the survey of said canal by the River and Harbor act approved August fifth, eighteen hundred and eighty-six, for the examination of said canal, and of the Illinois and Michigan canal by a board of Engineers.

For continuing operations upon the reservoirs at the headwaters of the Mississippi River, twelve thousand dollars, to be expended in accordance with the recommendation of the Board of Engineers in their report to the Chief of Engineers, dated May twenty-fourth, eighteen hundred and eighty-seven. And it shall be the duty of the Secretary of War to prescribe such rules and regulations in respect to the use and administration of said reservoirs as in his judgment the public interest and necessity may require; which rules and regulations shall be posted in some conspicuous place or places for the information of the public. And any person knowingly and willfully violating such rules and regulations shall be liable to a fine not exceeding five hundred dollars, or imprisonment, not exceeding six months, the same to be enforced by prosecution in any district court of the United States within whose territorial jurisdiction such offense may have been committed. And the Secretary of War shall cause such gaugings to be made at or near Saint Paul during the annual operation of said reservoirs as shall determine accurately the discharge at that point, the cost of same to be paid out of the annual appropriation for gauging the waters of the Mississippi River and its tributaries.

For operating snag-boats and dredge-boats on Upper Mississippi River, twentyfive thousand dollars.

Improving the Mississippi River above Saint Anthony's Falls, ten thousand dol

lars.

Improving the Mississippi River from the landing on the west bank below the Washington avenue bridge, Minneapolis, to the Des Moines Rapids, including work for the protection of the bank of the Mississippi River at Winona, Minnesota, on account of the erosion caused by dams erected above the city to improve the navigation of the river, and the examination and survey at the Rock Island Rapids in said river hereinafter mentioned: Continuing improvement, six hundred thousand dollars.

And inasmuch as the present channel of the Mississippi River at the Rock Island Rapids is said to be of insufficient width and depth, and dangerous to the navigation of said river, the Secretary of War is hereby authorized and directed to cause an examination and survey to be made at said rapids, with the view of determining the best and most economical mode of securing a safer channel of greater width and depth, sufficient to meet the necessities of the commerce and navigation of the river, either by the construction of a canal around said rapids on the Illinois side of said river, from the head of the rapids near Rapids City, Illinois, on the most direct and feasible route to the main river, at the foot of said rapids, or by widening and deepening the present channel of the river at said rapids. And the Secretary of War shall cause a report of said examination and survey to be made to Congress at its next session, together with plans and estimates of the probable cost for the construction of such canal, or for the widening and deepening of the present navigable channel of the river, and with such plans and estimates, shall submit his opinion as to the best and most economical plan of improving the river at said rapids in the interest of the commerce and navigation of the river, and for the purpose of such examination and survey, so much of the above appropriation of six hundred thousand dollars as may be necessary is hereby authorized to be expended, not to exceed fifteen thousand dollars.

Improving the Mississippi River at Des Moines Rapids Canal under the modified project, thirty-five thousand dollars; and the Secretary of War is hereby authorized and directed to use so much of the money appropriated in the acts of July fifth, eighteen hundred and eighty-four, and August fifth, eighteen hundred and eightysix, for the construction of a pier at the outer wall of the Des Moines Rapids Canal as may be necessary in the establishment of a floating boom, connecting said wall with the upper draw rest of the bridge at Keokuk, if in his opinion such work would adequately and advantageously serve the interests of navigation; and the balance left over of said appropriations of eighteen hundred and eighty-four and eighteen hundred and eighty-six, if any, to be used in continuing the improvement of the Des Moines Rapids under present project.

Improving Mississippi River from Des Moines Rapids to the mouth of Illinois River, two hundred thousand dollars, including the removal of bars at the mouth of Cedar Creek, in Quincy Bay, dredging in said bay; opening Willow Slough, and removing the bars at the mouth of Whipple Creek and Hamburg Bay, if in the opinion of the Secretary of War the same is deemed advisable in the interest of commerce and navigation; and fifty thousand dollars of said sum, or so much thereof as may be necessary may be expended in improving and strengthening Sny Island Levee where it crosses Sincarte Slough and other sloughs, and in repairing wash outs in said levee.

Improving dry-dock at Des Moines Rapids: To complete, sixteen thousand two hundred and fifty dollars.

Improving the Mississippi River from the mouth of the Illinois River to the mouth of the Ohio River, including the completion of the work at Alton, and at the discretion of the Secretary of War, the protection of the Illinois shore opposite the mouth of the Missouri River, and the improvement of Saint Louis harbor: Continuing improvement, three hundred thousand dollars.

Improving Mississippi River from head of the Passes to the mouth of the Ohio River: Continuing improvement, two million dollars; which sum shall be expended under the direction of the Secretary of War in accordance with the plans, specifications, and recommendations of the Mississippi River Commission: Provided, That no portion of this appropriation shall be expended to repair or build levees for the purpose of reclaiming lands or preventing injury to lands or private property by overHows: Provided, however, That the Commission is authorized to repair and build levees if in their judgment it should be done as part of their plans to afford ease and safety to the navigation and commerce of the river and to deepen the channel. Of the foregoing sum one hundred and fifty thousand dollars, or so much thereof as shall be necessary, shall be expended in protecting the bank along the Lake Bolivar front, by

revetment.

For survey of the Mississippi River from the head of the passes to its headwaters: Continuing survey, seventy-five thousand dollars.

For continuing the removal of snags, wrecks, and other obstructions in the Mississippi River, one hundred thousand dollars.

For work in accordance with the plans and specifications of the Mississippi River Commission:

At Columbus, Kentucky: Continuing improvement, twenty-five thousand dollars.
At Hickman, Kentucky: Continuing improvement, seventy thousand dollars.
At Helena, Arkansas, seventy-five thousand dollars.

At Greenville, Mississippi: Continuing improvement, seventy-five thousand dol

lars.

At Vicksburg, Mississippi: Continuing improvement, one hundred and fifty thousand dollars.

At New Orleans, Louisiana: Continuing improvement, two hundred thousand dollars.

At the head of the Atchafalaya and mouth of Red River, Louisiana, for rectification thereof, by preventing further enlargement of the Atchafalaya and restricting its ontlet capacity, and for turning the waters of Red River into the north or upper channel around Turnbull's Island, and for keeping open a navigable channel through the mouth of Red or Old River into the Mississippi, two hundred and fifty thousand dollars.

For gauging the waters of the Lower Mississippi River and its tributaries as provided for in joint resolution of twenty-first of February, eighteen hundred and seventyone, nine thousand six hundred dollars: Provided, That three thousand six hundred dollars of same is authorized to be expended in paying the expenses of gauging the said waters during the fiscal year ending June thirtieth, eighteen hundred and eightyeight.

For examinations and surveys at South Pass, mouth of Mississippi River, pursuant to the act of March third, eighteen hundred and seventy-five, ten thousand dollars. Improving Gasconade River, Missouri: Continuing improvement, five thousand dollars.

Improving Little River, Missouri, from Hornersville to its junction with the Saint Francis River, five thousand dollars.

Improving Ósage River, Missouri: Continuing improvement, five thousand dollars. Improving Saint Francis River, Missouri, from Greenville to the Arkansas State line, five thousand dollars.

Improving Black River, Missouri, seven thousand dollars.

Improving Missouri River from mouth to Fort Benton: Continuing improvement, one million dollars, including removal of obstructions, surveys, and examinations, to be expended under the direction of the Secretary of War, in accordance with the plans, specifications, and recommendations of the Missouri River Commission, except as herein modified.

Out of the above sum the following amounts shall be applied to the purposes hereinafter specified, namely: One hundred and fifty thousand dollars, or so much thereof as may be needed, shall be expended on that portion of the Missouri River lying between the cities of Council Bluffs, Iowa, and Omaha, Nebraska, and a point five miles above the bridge of the Omaha and Council Bluffs Bridge Company, by the course of said river; that the sum of one hundred thousand dollars, or so much thereof as may be needed, shall be expended on said river at Sioux City, Iowa, and in Nebraska, opposite said city; that the sum of fifty thousand dollars, or so much thereof as may be needed, shall be expended on said river at or near Plattsmouth, Nebraska; that

the sum of fifty thousand dollars, or so much thereof as may be needed, shall be expended on said river at or near Rulo, Nebraska; that the sum of seventy-five thousand dollars, or so much thereof as may be needed, shall be expended on said river at or near Nebraska City, Nebraska; that the sum of sixty-five thousand dollars, or so much thereof as may be necessary, shall be expended on said river at or near Kansas City, Missouri; that the sum of sixty-five thousand dollars, or so much thereof as may be necessary, shall be expenped on said river at or near Saint Joseph, Missouri; that the sum of forty-five thousand dollars, or so much thereof as may be necessary, shall be expended on said river at or near Arrow Rock, Missouri; that the sum of s ventyfive thousand dollars, or so much thereof as may be necessary, shall be expen led on said river at or near Leavenworth, Kansas; that the sum of seventy-five thousand dollars, or so much thereof as may be necessary, shall be expended on said river at or near Atchison, Kansas; and that the sum of twenty-five thousand dollars, or so much thereof as may be necessary, shall be expended on said river at or near Miami, Missouri.

Improving Mokelumne River, California: Removing obstructions, two thousand dollars. Improving Sacramento and Feather Rivers, California: Continuing improvement, twenty thousand dollars; to be expended for snagging and dredging operations. Improving Napa River, California, seven thousand five hundred dollars. Improving San Joaquin River, California: Continuing improvement, twenty-five thousand dollars; a portion of which may be used, in the discretion of the engineer, in closing Laird's Slough and in making the partial closure of what is called "Paradise Cut."

Improving Petaluma Creek, California: Continuing improvement, two thousand dollars.

Improving canal at the Cascades, Oregon: Continuing improvement, three hundred thousand dollars.

Improving Upper Columbia River, including Snake River, Oregon and Washington Territory: Continuing improvement, ten thousand dollars.

Improving the mouth of the Columbia River, Oregon: Continuing improvement, five hundred thousand dollars.

Improving Lower Willamette and Columbia Rivers in front of and below Portland, Oregon: Continuing improvement, one hundred thousand dollars, of which sum one thousand dollars or so much thereof as may be necessary, may be expended in dredging the bar at Skamokawa, on the Columbia River.

Improving Willamette River above Portland, Oregon : Continuing improvement, twenty-nine thousand dollars, of which sum fourteen thousand dollars, if deemed necessary by the Secretary of War, may be expended in revetting the Willamette River, above Corvallis, to prevent the threatened change in the channel of the river at said point.

Improving Coquille River, Oregon: Continuing improvement, twenty-five thousand dollars; of which five thousand dollars is authorized to be expended for suagging between Coquille City and Myrtle Point.

Improving Umpqua River, Oregon: To complete, two thousand dollars.

Gauging waters of the Columbia River, Oregon: For fiscal years ending June thirtieth, eighteen hundred and eighty-eight, and June thirtieth, eighteen hundred and eighty-nine, two thousand five hundred dollars.

Improving Chehalis River, Washington Territory: Continuing improvement, two thousand dollars.

Improving Cowlitz River, Washington Territory: Continuing improvement, three thousand dollars.

Improving Skagit, Stielaquamish, Nootsack, Snohomish and Snoqualmie Rivers, Washington Territory: Continuing improvement, fifteen thousand dollars; of which five thousand shall be used for a snag-boat and outfit.

SEC. 2. That whenever complaint shall be made to the Secretary of War that by reason of the placing in any navigable waters of the United States of any bridge pier or abutment, the current of such waters has been so deflected from its natural course as to cause by producing caving of banks or otherwise serious damage or danger to property, it shall be his duty to make inquiry, and if it shall be ascertained that the complaint is well founded, he shall cause the owners or persons operating such bridge to repair such damage or prevent such danger to property by such means as he shall indicate and within such time as he may name, and in default thereof the owners or persons operating such bridge shall be liable in any court of competent jurisdiction to the persons injured in a sum double the amount of said injury: Provided, however, That nothing herein contained shall be construed so as to affect any rights of action which may exist at the time of the passage of this act.

SEC. 3. That it shall be the duty of the Secretary of War to apply the money herein and hereafter appropriated for improvements of rivers and harbors, other than surveys, estimates, and gaugings, in carrying on the various works, by contract or other

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