Imágenes de páginas
PDF
EPUB
[graphic]
[ocr errors]

THE NAVIGABLE WATERS OF THE UNITED STATES

EXTRACT FROM THE RIVER AND HARBOR ACT

APPROVED MARCH 3, 1899

must be adhered to.

SEC. 9. That it shall not be lawful to construct or Construction of commence the construction of any bridge, dam, dike, or of Congress

bridges, consent 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 is 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 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 Stimuetions 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

[ocr errors]

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 (30 Stat. 1151; 33 U. S. C. 403). Harbor lines, estabilshment

SEO. 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 preCompensation scribed from time to time by him: Provided, That displaced by

whenever the Secretary of War grants to any person structures and deposits.

or persons permission to extend piers, wharves, bulkheads, or other works, or to make 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 tide-water 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 (30 Stat. 1151; 33

U. S. C. 404). Penalties for

SEC. 12. That every person and every corporation that violations of three preceding shall violate any of the provisions of sections nine, ten, ameended by bec and eleven of this Act, or any rule or regulation made tion 2 of Act ap by the Secretary of War in pursuance of the provisions 20, 1900, vol. 31. of the said section eleven, 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 imprison

ment (in the case of a natural person) not exceeding one Removal of un- year, or by both such punishments, in the discretion of lawful structures.

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 Attorney-General of the United States

(30 Stat. 1151; 33 U. S. C. 406). Deposits of ret SEC. 13. That it shall not be lawful to throw, disuge, etc., forbidden.

charge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, 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

p. 81.)

« AnteriorContinuar »