immediate and thorough examination to be made, and, if in his judgment, the facts and circumstances of the collision are such as to make the whole or any part of the damage inflicted a proper charge against the United States, the Chief of Engineers, subject to the approval of the Secretary of War, shall have authority to adjust and settle all claims for damages caused by such collision in cases where the claim for damage does not exceed five hundred dollars, and report the same to Congress for consideration. (36 Stat. 676.) This section was part of the rivers and harbors appropriation act of 1910, cited above. § 9900. (Act Feb. 21, 1891, c. 252, § 1.) Shipping statistics to be furnished where river and harbor improvements are carried on. Owners, agents, masters, and clerks of vessels arriving at or departing from localities where works of river and harbor improvement are carried on shall furnish, on application of the persons in local charge of the works, a comprehensive statement of vessels, passengers, freight, and tonnage. (26 Stat. 766.) This section and the section next following were an act entitled "An act to facilitate the collection of commercial statistics required by section two of the river and harbor appropriation acts of eighteen hundred and sixty-six and eighteen hundred and sixty-seven." The appropriation acts of June 23, 1866, c. 138, § 2, 14 Stat. 73, and March 2, 1867, c. 144, § 2, 14 Stat. 421, referred to in said title of this act, required the Secretary of War, in his annual reports on the river and harbor improvements appropriated for in those acts, to "state in what collection district each work is located, and at or near what port of entry, light-house, or fort ['port' in the act of 1867]; what amount of revenue was collected at the nearest port of entry for the last fiscal year, and, as far as practicable, what amount of commerce and navigation would be benefited by the completion of each particular work." These provisions were not included in the Revised Statutes, probably because they were regarded as temporary, and limited to the improvements appropriated for therein. § 9901. (Act Feb. 21, 1891, c. 252, § 2.) Failure to furnish statistics. Every person or persons offending against the provisions of this act shall, for each and every offense, be liable to a fine of one hundred dollars, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed. (26 Stat. 766.) § 9902. (Act July 25, 1912, c. 253, § 1.) Classification of freight statistics; collation of ton-mileage. In the collection of statistics relating to traffic, the Corps of Engineers is directed to adopt a uniform system of classification for freight, and upon rivers or inland waterways to collate ton-mileage statistics as far as practicable. (37 Stat. 201.) This provision was part of section 1 of the rivers and harbors appropriation act of 1912, cited above. § 9903. (Act June 13, 1902, c. 1079, § 1.) Navigable river improvements by private parties; approval of plans. Any person or persons, corporations, municipal or 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. (32 Stat. 371.) These were provisions following an appropriation for emergencies in the rivers and harbors appropriation act for 1902, cited above. Authority was given to the State of New Jersey, or, through it, to any commission, individual, corporation, or municipality, designated by the legislature of the State or by a commission appointed or authorized by the legislature, to improve the channels on the New Jersey seacoast, etc., by Act June 30, 1906, c. 3923, post, §§ 9907, 9908. The consent of Congress was given to the construction of a ship canal along the Government right of way connecting the waters of Puget Sound with Lake Washington, said canal, when completed, to be turned over to the United States, by Act June 11, 1906, c. 3072, post, §§ 9904-9906. § 9904. (Act June 11, 1906, c. 3072, § 1.) Consent to construction of canal connecting waters of Puget Sound with Lake Washington; approval of plans, etc., and inspection of work; damages from construction; bond; canal to be property of United States, and to be maintained and operated for three years free of cost, charges and tolls. The consent of Congress is hereby granted to, and it shall be lawful for James A. Moore or his assigns to construct a ship canal not less than twenty-five feet in depth and with a bottom width of not less than sixty feet, with a suitable timber lock of not less than six hundred feet in length and seventy-two feet in width, along the Government right of way connecting the waters of Puget Sound, in the State of Washington, with Lake Washington, subject always to the provisions and requirements of this Act and to such conditions and stipulations as may be imposed by the Chief of Engineers and the Secretary of War for the protection of navigation and the property and other interests of the United States, which shall include provision for the discharge of waters from Lakes Union and Washington and afford adequate protection against claims for damages for changing the level of Lake Washington, subject to every right and power of the United States: Provided, That such canal and lock shall not be built or commenced until after the plans and specifications for their construction, together with such drawings of the proposed construction and such maps of the proposed locations as may be required. for a full understanding of the subject, have been submitted to the Secretary of War for his approval and until after he shall have approved such plans and specifications and the location of such lock and any accessory works, and such works shall at all times be subject to the inspection and supervision of the Secretary of War; and when the plans for any lock and canal for construction under the provisions of this Act have been approved by the Secretary of War it shall not be lawful to deviate from such plans, either before or after the completion of the structure, unless the modification of such plans has previously been submitted to and received the approval of the Secretary of War: And provided, That the said James A. Moore or his assigns shall be liable for any damage that may be inflicted by the construction of said lock and canal by overflow, by a lowering of the waters affected, or otherwise, in a court of competent jurisdiction, and the said Secretary of War may compel the execution of a sufficient bond by the said James. A. Moore, or his assigns, insuring compliance with the provisions and conditions imposed: And provided further, That said canal and lock, when completed, shall be turned over to the United States ready for use and free of all expense to the United States, and thenceforth shall be and remain the sole and exclusive property of the United States, but the said James A. Moore, or his assigns, shall operate and maintain in suitable condition the said canal and lock after completion for a period of three years to the satisfaction of said Secretary of War and Chief of Engineers of the United States, free of cost to the United States, and from charges of any kind whatever, and free from the payment of all tolls. (34 Stat. 232.) This section and the two sections next following were an act entitled "An act authorizing James A. Moore or his assigns to construct a canal along the Government right of way connecting the waters of Puget Sound with Lake Washington." § 9905. (Act June 11, 1906, c. 3072, § 2.) Limit of time for commencement and completion of canal. This Act shall be null and void unless the canal and lock herein authorized shall be commenced within one year and completed within three years from the date of the approval hereof. (34 Stat. 232.) § 9906. (Act June 11, 1906, c. 3072, § 3.) Reservation of right to amend or repeal act. The right to alter, amend, or repeal this Act is hereby expressly reserved. (34 Stat. 231.) § 9907. (Act June 30, 1906, c. 3923, § 1.) Authority given to State of New Jersey or to commission, individual, corporation, etc., designated by legislature of State, to improve channels on New Jersey seacoast. That authority be given to the State of New Jersey, or, through it, to any commission, individual, corporation, or municipality, singly or collectively, designated by the legislature of said State, or by a commission appointed or authorized by said legislature, to improve the channels on the New Jersey seacoast, or any portion of said coast, or the waters adjacent thereto, lying between thirtyeight degrees fifty-six minutes and forty degrees twenty minutes north latitude, by dredging, or by the construction of piers, jetties, or breakwaters, or other river and harbor work of any description or nature adapted to attain the ends now pursued by the United States Government for the advantage of said coast or the relief of commerce: Provided, That such operations shall not encroach upon those portions of said coast, or the channels adjacent thereto, for which the United States Government may undertake similar work according to its own plans: And provided, That the plans for said work shall be placed on file with the Chief of Engineers of the War Department for thirty days, during which time he is authorized to disapprove said plans and forbid such work if, in his judgment, the improvements when completed will interfere with navigation or with any works of the United States Government commenced or proposed to be made: Provided further, That no tolls or other charges upon commerce shall be imposed by those making such improvements: And provided further, That this Act shall not be construed as affecting in any way the jurisdiction and control of the Federal Government over any waters that may be improved in pursuance of the provisions thereof, nor as exempting such waters from the operation of the laws heretofore or hereafter enacted by Congress for the preservation and protection of navigable waters. (34 Stat. 800.) This section and the section next following were an act entitled "An act to improve the channels along the New Jersey seacoast." § 9908. (Act June 30, 1906, c. 3923, § 2.) Reservation of right to amend or repeal act. The right to alter, amend, or repeal this Act is hereby expressly reserved. (34 Stat. 800.) CHAPTER C Preservation and Protection of Rivers and Harbors and of Improvements This chapter includes provisions for preserving and protecting navigable channels in rivers and harbors and works constructed for improvement, extension, etc., thereof. Sec. 9910. Obstruction of navigable waters 9911. Piers and cribs on the Mississippi 9912. Establishment of harbor lines. 9915. Modification and extension of 9916. Establishment of pierhead and bulkhead lines in Wilmington Harbor, Cal. 9917. Penalty for violation of provisions of act; removal of structures, etc. Sec. 9918. Depositing refuse in navigable 9919. Taking possession or use, etc., of 9921. Penalty for violation of provisions 9922. Duty of district attorneys; officers empowered to arrest offend ers. 9923. Duty of officers and agents. 9925. Destruction of vessels grounding, Sec. 9926. Regulations governing transportation and dumping into navigable waters, of dredgings, etc., and other refuse, authorized; violations of regulations made punishable; enforcement of regulations; exception of waters within any State used for cultivation of oysters. 9927. Floating timber in certain naviga- 9928. Regulations authorized; publica- 9930. Pending actions not affected by 9931. South and Southwest passes of Mississippi River; regulations 9932. Rules for navigation of Ambrose 9933. Depositing refuse in New York Harbor prohibited; penalty. 9934. Liability of master, etc., of vessel SCOWS or boats to have names, etc., Sec. duties of supervisor of harbor, inspectors, etc., for enforcement of act; bribery; penalty; return of permits; penalty for violation of provisions. 9936. Requirements as to life lines, etc., not to apply to certain scows or boats; place where names, etc., to be painted on such scows or boats. 9937. Disposition of dredged matter; 9938. Supervisor of harbor. 9941. Fishing, etc., for shell fish in New 9942. Deposit of refuse, etc., on Potomac River prohibited. § 9909. (Act Aug. 14, 1876, c. 267, § 3.) Injury to river and harbor improvements; penalty. Any person who shall willfully and unlawfully injure any pier, breakwater, or other work of the United States for the improvement of rivers or harbors, or navigation in the United States, shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars. (19 Stat. 139.) This provision was part of section 3 of the rivers and harbors appropriation act of 1876, cited above. Malicious injury to harbor defenses and fortifications was made punishable by Act July 7, 1898, c. 576, § 1, 30 Stat. 717, which was incorporated into the Criminal Code in section 44 thereof, post, § 10208, and was repealed by section 341 thereof, post, § 10515. Injury to sea walls, dikes, or other works built by the United States was punishable by Act March 3, 1899, c. 425, §§ 14, 16, post, §§ 9919, 9921. |