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THE NAVIGABLE WATERS OF THE UNITED STATES

EXTRACT FROM THE RIVER AND HARBOR ACT

APPROVED MARCH 3, 1899

SEC. 9. That it shall not be lawful to construct or Construction of commence the construction of any bridge, dam, dike, or of congress causeway over or in any port, roadstead, haven, harbor, necessary for. canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the 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 Bridges may be be built under authority of the legislature of a State built under

State legislaacross rivers and other waterways the navigable por- tion. tions 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 Plans must be by the Secretary of War before construction is com- construction 18 menced: And provided further, That when plans for begun. any bridge or other structure have been approved by the Chief of Engineers and by the Secretary of War, it shall Approved plang not be lawful to deviate from such plans either before or must be adhered 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 (30 Stat. 1151; 33 U. S. C. 401).

Sec. 10. That the creation of any obstruction not af- Creation of obfirmatively authorized by Congress, to the navigable Structions forcapacity of any of the waters of the United States is hereby prohibited ; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, Construction of 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 and authorized by the Secretary of Alteration etc., War; and it shall not be lawful to excavate or fill, or in of channels. any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any

float what is known as sack rafts of timber and logs in streams or channels actually navigated by steamboats in

such manner as to obstruct, impede, or endanger navigaSunken vessels

tion. to be marked.

And whenever a vessel, raft, or other craft is wrecked and sunk in a navigable channel, accidentally or otherwise, it shall be the duty of the owner of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner so to do shall be unlawful; and it shall be the duty of the owner of such sunken craft to commence

the immediate removal of the same, and prosecute such Fallure to re

removal diligently, and failure to do so shall be conmove sunken vessels unlaw sidered as an abandonment of such craft, and subject ful.

the same to removal by the United States as hereinafter

provided for (30 Stat. 1152; 33 U. S. C. 409). Penalties for violations of

Sec. 16. That every person and every corporation that sections 13, 14, shall violate, or that shall knowingly aid, abet, author18.

ize, or instigate a violation of the provisions of sections thirteen, fourteen, and fifteen of this Act shall be 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) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to convic

tion (30 Stat. 1153; 33 U. S. C. 411). And any and Llability of every master, pilot, and engineer, or person or persons masters, pilots, etc.

acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in section thirteen of this Act to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of War, or who shall willfully injure or destroy any work of the United States contemplated in section fourteen of this Act, or who shall willfully obstruct the channel of any waterway in the manner contemplated in section fifteen of this Act, shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as hereinbefore provided in this section, and shall also have his license revoked or suspended for a term to be fixed by the judge

before whom tried and convicted. And any boat, vessel, Libel against scow, raft, or other craft used or employed in violating prohibitions.

any of the provisions of sections thirteen, fourteen, and fifteen of this Act shall be liable for the pecuniary penalties specified in this section, and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall be

boats violating

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 shali 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 contained Lawful deposita. shall extend to, apply to, or prohibit the operations 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 judg- Deposits by per ment of the Chief of Engineers anchorage and naviga- mits. tion will not 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 (30 Stat. 1152; 33 U. S. C. 407).

Sec. 14. That it shall not be lawful for any person or Injuries to con persons to take possession of or make use of for any pur- etc.

, in navigapose, 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 under the control of the United States, in whole or in part, for the preservation and improvement of of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of War may, on the recom- Permits for og mendation of the Chief of Engineers, grant permission cupation of pub for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest (30 Stat. 1152; U. S. C. 408).

SEC. 15. That it shall not be lawful to tie up or anchor Anchoring or vessels or other craft in navigable channels in such a sinking of vesmanner as to prevent or obstruct the passage of other gable channels vessels or craft; or to voluntarily or carelessly sink, or

forbidden. permit or cause to be sunk, vessels or other craft in návigable channels; or to float loose timber and logs, or to

any

float what is known as sack rafts of timber and logs in streams or channels actually navigated by steamboats in

such manner as to obstruct, impede, or endanger navigaSunken resebels tion. And whenever a vessel, raft, or other craft is

.

wrecked and sunk in a navigable channel, accidentally or otherwise, it shall be the duty of the owner of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner so to do shall be unlawful; and it shall be the duty of the owner of such sunken craft to commence

the immediate removal of the same, and prosecute such Failure to remove sunken

removal diligently, and failure to do so shall be convessels unlaw sidered as an abandonment of such craft, and subject tul.

the same to removal by the United States as hereinafter

provided for (30 Stat. 1152; 33 U. S. C. 409). Penalties for violations of

Sec. 16. That every person and every corporation that sections 13, 14, shall violate, or that shall knowingly aid, abet, author16.

ize, or instigate a violation of the provisions of sections thirteen, fourteen, and fifteen of this Act shall be 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) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to convic

tion (30 Stat. 1153; 33 U. S. C. 411). And any and Llability of every master, pilot, and engineer, or person or persons masters, pilots, etc.

acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in section thirteen of this Act to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of War, or who shall willfully injure or destroy any work of the United States contemplated in section fourteen of this Act, or who shall willfully obstruct the channel of any waterway in the manner contemplated in section fifteen of this Act, shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as hereinbefore provided in this section, and shall also have his license revoked or suspended for a term to be fixed by the judge

before whom tried and convicted. And any boat, vessel, Libel against scow, raft, or other craft used or employed in violating boats violating any of the provisions of sections thirteen, fourteen, and prohibitions.

fifteen of this Act shall be liable for the pecuniary penalties specified in this section, and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall be

placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damage occurred, and said boat, vessel, scow, raft, or other craft may be proceeded against summarily by way of libel in any district court of the Uinted States having jurisdiction thereof (30 Stat. 1153; 33 U. S. C. 412).

Sec. 17. That the Department of Justice shall conduct Department of the legal proceedings necessary to enforce the foregoing force the law. provisions of sections nine to sixteen, inclusive, of this Act; and it shall be the duty of district attorneys of the United States United States to vigorously prosecute all offenders prosecute o?against the same whenever requested to do so by the lenders. Secretary of War or by any of the officials hereinafter designated, and it shall furthermore be the duty of said

district attorneys to report to the Attorney-General of the United States the action taken by him against offenders so reported, and a transcript of such reports shall be transmitted to the Secretary of War by the Attorney-General; and for the better enforcement of the said provisions and to facilitate the detection and bringing to punishment of such offenders, the officers and omicers and agents of the United States in charge of river and har- employees of bor improvements, and the assistant engineers and in- to arrest ofspectors employed under them by authority of the fenders. Secretary of War, and the United States collectors of customs and other revenue officers, shall have power and authority to swear out process and to arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by the aforesaid sections of this Act, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under the provisions Parties arrestof this Act, the person so arrested shall be brought ed to be given

a hearing. forthwith before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States (30 Stat. 1153; 33 U. S. C. 413). SEC. 18. That whenever the Secretary of War shall Bridges ob

structing navihave good reason to believe that any railroad or other gation. bridge now constructed, or which may hereafter be constructed, over any of the navigable waterways of the United States is an unreasonable obstruction to the free navigation of such waters on account of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw opening or the draw span of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the said Secretary, first giving the parties reasonable opportunity to be heard, to give

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