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Improvement of Coos River, Oregon: Completing improvement, three thousand dollars.

Canal at Cascades, Columbia River, Oregon: Continuing improvement, seventy-five thousand dollars.

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Columbia Riv

er, Oreg., canal at Cascades.

Long Tom Riv er, Oreg. Laws, 1st sess. Transfer of ap propriation for

55th Cong., p. 47.

Improving Long Tom River, Oregon: The sum of three thousand dollars, or so much thereof as may be necessary to be expended in the discretion of the Secretary of War, is hereby transferred from the balance remaining to the credit of the appropriation made June fourth, eighteen hun er, above Portdred and ninety-seven, Sundry Civil Act, for the improve- land. ment of the Willamette River above Portland.

Willamette Riv

mette River,

Improving Lower Willamette River in front of and below Lower WillaPortland, Oregon, and Columbia River below the Willa- Oreg., Columbia mette River in Oregon and Washington: Continuing im- River, Oreg. and provement, one hundred and fifty thousand dollars.

Wash.

Oreg.

Improving Coquille River, below Coquille City, Oregon: Coquille River, Continuing improvement, forty thousand dollars.

Improving Clatskanie River, Oregon: To complete improvement recommended in report printed in House Document Number Two hundred and eighteen, Fifty-fifth Congress, second session, thirteen thousand dollars. For gauging waters of the Columbia River, measuring tidal and river volumes, one thousand dollars. Improving Upper Coquille River, between Coquille City and Myrtle Point, Oregon: Continuing improvement, nine thousand dollars.

Clatskanie Riv

er, Oreg.

er.

Columbia Riv

Upper Coquille

River, Oreg.

Columbia Riv er below Tongue

Improving Columbia River below Tongue Point by way of the South Channel in front of Astoria, Oregon, in ac- Point. cordance with project submitted in the Annual Report of the Chief of Engineers for eighteen hundred and ninetyfive: Completing improvement, seventy-one thousand dol lars.

For improving Clearwater River, Idaho: Completing improvement, ten thousand dollars. Improving Cowlitz River, Washington: Continuing improvement, three thousand dollars.

For the improvement of the Lewis River, Washington, from its mouth to Lacenter, according to the plan submitted by the Chief of Engineers in his annual report for the year eighteen hundred and ninety-seven, ten thousand dollars.

Clearwater

River, Idaho.

Cowlitz River,

Wash.

Lewis River,

Wash.

Wash.

Improving Puget Sound and its tributary waters, Wash-Puget Sound, ington: Continuing improvement in accordance with approved projects, twenty thousand dollars.

Improving Chehalis River, Washington: For snagging, Chehalis River, three thousand dollars.

For the improvement of the Pend Oreille River, Washington, from Albany Falls to the town of Metalline, Washington, in accordance with approved plans, ten thousand dollars.

Wash.

Pend Oreille River, Wash.

Slough, Wash.

Improving Swinomish Slough, Washington: Continuing Swinomish improvement, twenty thousand dollars.

Improving Willapa River and Harbor, Washington: Continuing improvement in accordance with approved proj ect, five thousand dollars: Provided, That in the discretion of the Secretary of War so much of this amount as

Willapa River,

etc., Wash.

Proviso.

Channel through

North River jam.

Okanagon River, Wash.

Depth of water

in tidal waters defined.

Appropriations available for re

improvement.

may be necessary shall be expended for more thoroughly clearing a channel through the North River jam.

Improving Okanagon River, Washington: Continuing improvement in accordance with project printed in the Annual Report of the Chief of Engineers for eighteen hundred and ninety-eight, fifteen thousand dollars.

The depth of water in tidal waters, whenever referred to in this Act, shall be understoood to mean the depth at mean low water unless otherwise expressed.

Appropriations made for the respective works herein. pairs as well as named, or so much thereof as may be necessary, may, in the discretion of the Secretary of War, be used for the repair and restoration of said works whenever from any cause they have become seriously impaired, as well as for the further improvement of said works.

Preliminary ex

veys, etc.

Restricted to

works.

Panama.

SEC. 2. For preliminary examinations, surveys (except aminations, sur where otherwise herein especially provided for), contingencies, expenses connected with inspection of bridges, the service of notice required in such cases, the examination of bridge sites and reports thereon, and for incidental repairs for which there is no special appropriation for rivers Provisos. and harbors, two hundred thousand dollars: Provided, designated That no preliminary examinations, survey, project, or estimate for new works other than those designated in this or some prior Act or resolution shall be made: And provided Reports, etc. further, That after the regular or formal report on any examination, survey, project, or work under way or proposed is submitted, no supplemental or additional report or esti mate for the same fiscal year shall be made unless ordered by a concurrent resolution of Congress. The Government shall not be deemed to have entered upon any project for the improvement of any waterway or harbor mentioned in this Act until funds for the commencement of the proposed work shall have been actually appropriated by law. Isthmus of SEC.3. That the President of the United States of America Investigation be and he is hereby authorized and empowered to make full of, for construe and complete investigation of the Isthmus of Panama with a view to the construction of a canal by the United States across the same to connect the Atlantic and Pacific oceans; Nicaraguan That the President is authorized to make investigation of any and all practicable routes for a canal across said Isthmus of Panama, and particularly to investigate the two routes known respectively as the Nicaraguan route and the Panama route, with a view to determining the most practicable and feasible route for such canal together with the proximate and probable cost of constructing a canal at each of two or more Existing fran- of said routes: And the President is further authorized to investigate and ascertain what rights, privileges and fran chises if any may be held and owned by any corporations, associations or individuals, and what work, if any, has been done by such corporations, associations or individuals in the construction of a canal at either or any of said routes, and particularly at the so-called Nicaraguan and Panama routes -cost of purchas-respectively; and likewise to ascertain the cost of purchas ing all of the rights, privileges and franchises held and owned by any such corporations, associations and individ

tion of canal.

and routes.

chises.

ing.

Panama

at termini.

uals in any and all of such routes, particularly the said Nicaraguan route and the said Panama route; and likewise Cost of harbors to ascertain the probable or proximate cost of constructing a suitable harbor at each of the termini of said canal, with the probable annual cost of maintenance of said harbors respectively. And generally the President is authorized to make such full and complete investigation as to determine the most feasible and practicable route across said Isthmus for a canal, together with the cost of constructing the same and placing the same under the control, management and ownership of the United States.

SEC. 4. To enable the President to make the investiga- Engineers. tions and ascertainments herein provided for, he is hereby authorized to employ in said service any of the engineers of the United States army at his discretion, and, likewise to employ any engineers in civil life, at his discretion, and any other persons necessary to make such investigation, and to fix the compensation of any and all of such engineers and other persons.

SEC. 5. For the purpose of defraying the expenses necessary to be incurred in making the investigations herein provided for, there is hereby appropriated out of any money in the Treasury not otherwise appropriated, the sum of one million dollars, or so much thereof as may be necessary, to be disbursed by order of the President.

Appropriation

for expense8.

SEC. 6. That the President is hereby requested to report Report. to Congress the results of such investigations, together with his recommendations in the premises.

Report of Chief

of Engineers to

show deteriora. tion in works,eto.

SEC. 7. That the Secretary of War shall cause the Chief of Engineers of the United States Army, in submitting his annual reports to Congress with regard to works of river and harbor improvement under his charge, to state what deterioration, if any, has taken place by destruction, decay, obstructions, or otherwise, in connection with any of such works, together with an estimate of the cost of rebuilding, or repairing such works, or removing such obstructions; and he shall also cause the said Chief of Engineers to recommend, with his reasons therefor, the discontinuance of appropriations for any river and harbor work which he may deem unworthy of further improvement. SEC. 8. That the Secretary of War is directed to cause Report of Gov. to be prepared and reported to Congress a list of all piers, etc., occupied by wharves, and other structures or property pertaining to tions. river and harbor works belonging to the Government of the United States now occupied by private corporations or persons, together with the terms upon which such piers, wharves, or other property are occupied, and the date of the agreement or permission granting the privilege to occupy the same, and shall make such recommendations as he may deem desirable in connection therewith.

ernment piers,

private corpora

thorize construc

SEC. 9. That it shall not be lawful to construct or com- Congress to aumence the construction of any bridge, dam, dike, or cause- tion of bridges way over or in any port, roadstead, haven, harbor, canal, over navigable navigable river, or other navigable water of the United approval of States until the consent of Congress to the building of plans. such structures shall have been obtained and until the

waters.

Provisos.

authorize on wa

in State.

plans for the same shall have been submitted to and approved by the Chief of Engineers and by the Secretary of War: Provided, That such structures may be built Legislatures to under authority of the legislature of a State across rivers ters wholly with and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Chief of Engineers and by the Secretary of War before construction is commenced: And provided further, Deviation from That when plans for any bridge or other structure have been approved by the Chief of Engineers and by the Secretary of War, it shall not be lawful to deviate from such plans either before or after completion of the structure unless the modification of said plans has previously been submitted to and received the approval of the Chief of Engineers and of the Secretary of War.

plans.

No obstruction authorized.

bidden.

SEC. 10. That the creation of any obstruction not affirmto navigation not atively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby proWorks outside hibited; and it shall not be lawful to build or commence harbor lines for the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers Excavations, and authorized by the Secretary of War; and it shall not in channels only be lawful to excavate or fill, or in any manner to alter or where author modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of ref uge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same.

alterations, etc..

ized.

Establishment of harbor lines.

SEC. 11. That 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, wharves, bulkheads, or other works shall be extended or deposits made, except under such regulations as may be prescribed from time to Proviso. time by him: Provided, That whenever the Secretary of for tide water War grants to any person or persons permission to extend displaced. piers, wharves, bulkheads, or other works, or to make

Compensation

deposits in any tidal harbor or river of the United States beyond any harbor lines established under authority of the United States, he shall cause to be ascertained the amount of tide water displaced by any such structure or by any such deposits, and he shall, if he deem it necessary, require the parties to whom the permission is given to make compensation for such displacement either by excavating in some part of the harbor, including tidewater channels between high and low water mark, to such an extent as to create a basin for as much tide water as may be displaced by such structure or by such deposits, or in any other mode that may be satisfactory to him.

moval of struc

SEC. 12. That every person and every corporation that Penalties; reshall violate any of the provisions of sections nine, ten, tures. and eleven of this Act, or any rule or regulation made by the Secretary of War in pursuance of the provisions of the said section fourteen, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. And further, the removal of any structures or parts of structures erected in violation of the provisions of the said sections may be enforced by the injunction of any circuit court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the AttorneyGeneral of the United States.

SEC. 13. That it shall not be lawful to throw, discharge, Depositing ref use in navigable or deposit, or cause, suffer, or procure to be thrown, dis- waters forbid charged, or deposited either from or out of any ship, barge, den. or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, That nothing herein Provison. contained shall extend to, apply to, or prohibit the opera to public works. tions in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of War, whenever in the judgment of -permits for dethe Chief of Engineers anchorage and navigation will not fined limits. be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful.

-not applicable

positing in de

etc., forbidden.

SEC. 14. That it shall not be lawful for any person or Using, etc., persons to take possession of or make use of for any pur- wharves, levees, pose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work

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