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 overflows: 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 Greenville, Mississippi: Continuing improvement, seventy-five thousand dollars. 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 outlet 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 Osage 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 Bentou: 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 snagging 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 wise, as may be most economical and advantageous to the Government. Where said works are done by contract, such contract shall be made after sufficient public advertisement for proposals, in such manner and form as the Secretary of War shall prescribe; and such contracts shall be made with the lowest responsible bidders, accompanied by such securities as the Secretary of War shall require, conditioned for the faithful prosecution and completion of the work according to such contract. SEC. 4. That for the purpose of securing the uninterrupted examinations and surveys at the South Pass of the Mississippi River, as provided for in the act of March third, eighteen hundred and seventy-five, the Secretary of War, upon the application of the Chief of Engineers, is hereby authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the amount appropri ated in this act for such purpose: Provided, however, That an itemized statement of said expenditures shall accompany the Annual Report of the Chief of Engineers. SEC. 5. That the Secretary of War be, and he is hereby, authorized to make such rules and regulations for the navigation of the South Pass of the Mississippi River as to him shall seem necessary or expedient for the purpose of preventing any obstruction to the channel through said South Pass and any injury to the works therein constructed. The term "South Pass," as herein employed, shall be construed as embracing the entire extent of channel between the upper ends of the works at the head of the pass and the outer or sea end of the jetties at the entrance from the Gulf of Mexico; and any person who shall willfully violate any rule or regulation made by the Secretary of War in pursuance of this act shall be guilty of a misdemeanor, and, on conviction thereof shall pay a fine not exceeding five hundred dollars and undergo an imprisonment not exceeding six months, at the discretion of the court. SEC. 6. That for the purpose of securing the uninterrupted gauging of the waters of the Lower Mississippi River and its tributaries, as provided for in joint resolution of the twenty-first of February, eighteen hundred and seventy-one, upon the application of the Chief of Engineers, the Secretary of War is hereby authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the amount appropriated in this act for such purpose: Provided, however, That an itemized statement of said expenses shall accompany the annual report of the Chief of Engineers. SEC. 7. That for the purpose of securing the uninterrupted work of operating snagboats on the Upper Mississippi River, and of removing snags, wrecks, and other obstructions in the Mississippi River, the Secretary of War, upon the application of the Chief of Engineers, is hereby authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the amounts appropriated in this act for such purposes: Provided, however, That an itemized statement of said expenses shall accompany the annual report of the Chief of Engineers. SEC. 8. That the Secretary of War shall cause the manuscript of the annual report of the Chief of Engineers and subordinate engineers relating to the improvement of rivers and harbors, and the report of the Mississippi and Missouri River Commissions to be placed in the hands of the Public Printer on or before the fifteenth day of October in each year, and the Public Printer shall cause said reports to be printed with an accurate and comprehensive index thereof, on or before the first Monday in December in each year, for the use of Congress. SEC. 9. That whenever the Secretary of War shall have good reason to believe that any railroad or other bridge now constructed, or which may hereafter be constructed, over any of the navigable water-ways of the United States is an obstruction to the free navigation of such waters, by reason of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw-opening or the raft-span of such bridge by rafts, steam-boats, or other water-craft, it shall be the duty of the said Secretary to give notice to the persons or corporations owning or controlling such bridge to so alter the same as to render navigation through or under it free, easy, and unobstructed; and in giving such notice he shall prescribe in each case a reasonable time in which such alteration is to be made. If, at the end of such time, the alteration has not been made, the Secretary of War shall forthwith appraise the AttorneyGeneral of the United States, whose duty it shall be to institute suit, in the name of the United States, without delay, in the circuit or district court of the United States for the circuit in which such bridge is located, which court is hereby invested with jurisdiction for this purpose, to recover from the owners or managers of such bridge the fines mentioned in the succeeding sections of this act. SEC. 10. That the owner or owners or manager or managers of any railroad or other bridge obstructing the free navigation of any navigable water-way of the United States who shall willfully fail or refuse to remove the same, or to cause the necessary alterations to be made in the same so as to render navigation through or under it free, easy, and unobstructed to rafts, steam-boats, or other water-craft, after re ceiving notice to that effect from the Secretary of War and within the time prescribed by him, shall be subject to a fine as penalty therefor of five hundred dollars per month for the time he or they are in default, and the amount so recovered shall be placed to the credit of the improvement fund of the water-way obstructed by such bridge. SEC. 11. Whenever the improvements provided for by this act, or those which have heretofore been prosecuted by the United States, or may hereafter be undertaken, shall be found to operate (whether by lock and dam or otherwise), as obstructions to the passage of fish, the Secretary of War may, in his discretion, direct and cause to be constructed practical and sufficient fish-ways, to be paid for out of the general appropriations for the streams on which such fish-ways may be constructed. SEC. 12. Where it is made manifest to the Secretary of War that the establishment of harbor lines is essential to the preservation and protection of harbors, he may, and is hereby, authorized to cause such lines to be established, beyond which no piers or wharves shall be extended or deposits made except under such regulations as may be prescribed from time to time by him. SEC. 13. That the Secretary of War is hereby directed, at his discretion, to cause examinations or surveys, or both, to be made, and the cost of improvement to be estimated at the following localities, to wit: In the States of- ARKANSAS. Ouachita River, Louisiana and Arkansas, from its mouth to head of navigation, to determine the advisability and probable cost of its permanent improvement. ALABAMA. The Secretary of War is hereby authorized and directed to cause a survey to be made at the earliest practicable time for the location of a channel in and along the Coosa River, in Alabama, from the rapids at Wetumka to connect with the improvements already completed on said river above the Ten Islands, and to direct the engineer making the survey to report as to the most feasible, economical, and suitable plan for making such improvement. Warrior River from Tuscaloosa to Demopolis, for deepening and widening the channel with a view of the easy transportation of coal. Sipsey River, from the Tombigbee River at Vienna to Texas, with a view of easy transportation of coal. Choctawhatchee, for low water navigation. CALIFORNIA. San Bennaventure Harbor. Eel River, entrance and inside bars to head of navigation. Klamath River, entrance and inside bars to head of navigation. San Simeon Bay. The Secretary of War is hereby directed to make an examination and report to Congress as to the necessity for the establishment and maintenance of public moorings for the protection of shipping in the open and exposed ports on the northern coast of California at Fort Ross, Fish's Mill, Fish Rock, Shelter Cove, Trinidad, and such other places as may be deemed advisable by him. Mystic River. New London Harbor. CONNECTICUT. Black Rock Harbor, for breakwater to Pentfield Reef and south from Fairweather Island. ARIZONA. Colorado River, between Camp Mojave and El Dorado Canon. Colorado River, between Camp Mojave and the point where the boundary-line between Nevada and Utah Territory intersects said river. DELAWARE. Nanticoke River, from Seaford to Concord. Mahon River. Prime Hook Creek. Appoquinimink Creek. |