Head of Passes to Provisos. Levees. 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 Protecting 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. navigation. Survey. Snags, etc. 424. Post, p. 516. Columbus, Ky. Hickman, Ky. Helena, Ark. Greenville, Miss. Vicksburg, Miss. La. New Orleans, Atchafalaya and Red rivers. Gauging. Vols. 16, p. 598; 25, pp. 420. 424; 32, p. 374. For survey of the Mississippi River from the head of the passes to its headwaters: Continuing survey, seventyfive 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 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 Ante, twenty-first of February, eighteen hundred and seventypost, pp. 516, one, nine thousand six hundred dollars []: Provided, pp. 189, 510; 1009. a On April 21, 1891, the Secretary of War decided, after inquiry at the Treasury Department, that under the provisions of section 6 of this act, the amount of the permanent annual appropriation provided therein for such gauging did not exceed $6,000. Section 9 of the river and harbor act approved June 13, 1902, increases this limit to $9,600 annually. 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 eighty-eight. Proviso. Deficiency. South Pass. Vols. 18, p. For examinations and surveys at South Pass, mouth of Mississippi River, pursuant to the act of March 464; 25, p. third, eighteen hundred and seventy-five, ten thousand 424; 32, p. dollars. 340. Ante, p. 246; post, pp. Improving Gasconade River, Missouri: Continuing 516, $62. 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 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. Gasconade River, Mo. Little River, Mo. Mo. Osage River, St. Francis River, Mo. Black River, Mo. Missouri River. Out of the above sum the following amounts shall be Distribution. 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 expended 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 5979°-H. Doc. 1491, 62-3, vol 1—33 Mokelumne River, Cal. Sacramento and Feather rivers, Cal. Vol. 26, p. 668. Post, p. 540. Cal. San Joaquin River, Cal. Petaluma Creek, Cal. Columbia River, Oreg. Lower Willa lumbia rivers. river at or near Arrow Rock, Missouri; 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 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 mette and Co- 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. Willamette River, Oreg. Coquille River, Oreg. Umpqua River, Oreg. Columbia River, Oreg., gauging. 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. River, Wash. Improving Chehalis River, Washington Territory: Chehalis Continuing improvement, two thousand dollars. Improving Cowlitz River, Washington Territory: Continuing improvement, three thousand dollars. Cowlitz River, Wash. aguamish, Improving Skagit, Stielaquamish, Nootsack, Snoho- Skagit, Stilmish and Snoqualmie Rivers, Washington Territory: Nooksak, SnoContinuing improvement, fifteen thousand dollars; of homish, and which five thousand dollars shall be used for a snag-boat rivers, Wash. and outfit. Snoqualmie currents by Vol. 26, p. Post, p. 582. Post, p. 642. Post, p. 886. SEC. 2. That whenever complaint shall be made to the Deflection of Secretary of War that by reason of the placing in any piers, etc. navigable waters of the United States of any bridge pier 454. or abutment, the current of such waters has been so deflected from its natural course as to cause by producing 110. caving of banks or otherwise serious damage or danger to property, it shall be his duty to make inquiry, and if it 1151. 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 jursdiction to the persons injured in a sum double the amount of said injury: Provided, however, That nothing herein contained shall be rights of acconstrued so as to affect any rights of action which may exist at the time of the passage of this act []. Proviso. tion. Contracts. SEC. 3. That it shall be the duty of the Secretary of of appropriaWar to apply the money herein and hereafter appro- tions. priated for improvements of rivers and harbors, other than surveys, estimates and gaugings, in carrying on the various works, by contract or otherwise, 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 452. proposals, in such manner and form as the Secretary of War shall prescibe; 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. Post, p. 580. South Pass, River. SEC. 4. That for the purpose of securing the uninter- Surveys at rupted examinations and surveys at the South Pass of Mississippi the Mississippi River, as provided for in the act of March Appropria. third, eighteen hundred and seventy-five, the Secretary of tion made War, upon the application of the Chief of Engineers, is • This section is amended by the river and harbor acts approved Sept. 19, 1890 (sec. 7), July 13, 1892 (sec. 3), and Mar. 3, 1899. Section 2 of the river and harbor act approved Sept. 19, 1890, provides that nothing in the above section 3 shall be so construed as to prohibit or prevent the cumulation of two or more works of river and harbor improvement in the same proposal and contract where such works are in the same region and of the same kind or character. permanent. Vols. 18, P: 464; 25, 422; 32, p. 340. Ante, pp. 246, 513; post, p. 962. Proviso. Regulations for navigation Vol. 26, p. 452. 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 expenditures shall accompany the Annual Report of the Chief of Engineers. SEC. 5. That the Secretary of War be, and he is hereby, of South Pass. authorized to make such rules and regulations for the navigation of the South Pass of the Mississippi River as Post, p. 580. 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 Punishment Secretary of War in pursuance of this act shall be guilty for violation. of a misdemeanor, and, on conviction thereof, shall pay Gauging waters of lower River. Appropria manent. a fine not exceeding five hundred dollars and undergo an imprisonment not exceeding six months, at the discretion of the court [a]. SEC. 6. That for the purpose of securing the uninterMississippi rupted gauging of the waters of the Lower Mississippi River and its tributaries, as provided for in joint resolution made per- tion of the twenty-first of February, eighteen hundred Vol. 16, p. and seventy-one, upon the application of the Chief of EnAnte, p. 189. gineers, the Secretary of War is hereby authorized to Vol. 25, pp. draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be Vol. 32, p. necessary to do such work, not to exceed in the 598. 420, 421. Ante, pp. 510, 512. 374. Post, p. 1009. Proviso. 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 snag boats 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, tion for, made not to exceed in the aggregate for each year the amounts Snag boats. etc., Mississippi River. Appropria permanent. Vol. 25, pp. 420, 421. Ante, pp. 510, 512. "This section is amended by section 3 of the river and harbor act approved Sept. 19, 1890. On Apr. 21, 1891, the Secretary of War decided, after inquiry at the Treasury Department, that the amount of the permanent annual appropriation thus provided did not exceed $6,000. Section 9 of the river and harbor act approved June 13, 1902, increases this limit to $9,600. |