Page:United States Statutes at Large Volume 33 Part 1.djvu/1235

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1148 FIFTY-EIGHTH CONGRESS. Sess. III. Ch. 1482. 1905. VOL 30- P· 1*52- to the penalties prescribed in section sixteen of the river and_harbor _ Act of March third, eighteen hundred and mnety-nine, for. violation {Q;>{,‘}§Q}$’§;,,°,,t_ of the provisions of section thirteen of the said Act: Provided; That V°'- 3°· P- 1153- any regulations made in pursuance hereof may be enforced as provided in section seventeen of the aforesaid Act of March third, eighteen hundred and ninety-nine, the provisions whereof are hereby Ex°‘°pd°°' made applicable to the said regulations: Provided fewther, That this section shall not apply to any waters within the jurisdictional boundaries of any State which are now or may hereafter be used for the cultivation of oysters under the laws of such State, except navigable channels which have been or may hereafter be improved by the United States, or to be designated as navigable channels by competent authority, and in making such improvements of channels, the material dredged shall not be de osited upon any ground in use in accordance with the laws of such State for the cultivation of oysters, except in mpensesoseuiome- compliance with said laws: And provided further, That any expense '“°"t‘ necessary in executing this section may be paid from funds available for the improvement of the harbor or waterway, for which regulations " may beperscribed, and in case no such funds are available the said expense may be paid from appropriations made by Congress for exami- _ nations, surveys, and contingencies of rivers and harbors. wgggf R,§:$,ghN°*{§§· Sec. 5. That Cane River, in Natchitoches Parish, Louisiana, is hereby nemsvigsbiekwAeclared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. _ Spfjgfjsifgtigfm *“‘ _ Sno, 6. _That expenses incurred by the Engineer Department in all · rumen: or ex- invest1gations, inspections, hearings, re orts, - service of notice, or

  • ‘°“““‘ other action incidental to examination ofp plans or sites of bridges or

other structures built or proposed to be built in or over navigable waters, or to examinations into alleged violations of laws for the protection and preservation of navi able waters, or to the establishment or marking of harbor lines, shall be payable from any funds which may be available for the improvement, maintenance, operation, or care of the waterways or harbors aifected, or if such funds are not available in sums (judged by the Chief of Engineers to be adequate, then from any fun s available for examinations, surveys, and contingencies of rivers and harbors. ,n§gP,_;t*r°{gt;°'*¤°¤¤ Sec. 7. That the provisions of river and harbor Acts heretofore ` passed providing for the rosecution of work upon the following projects are hereby repealed: and any amounts heretofore appropriated for any of the same now remaining unexpended shall be paid into the Treasury of the United States, to wit:

  • ’°W°“’ R“`°’·M°”- Powow River, Massachusetts. ‘

"""’°"· °‘°·· CO'"'- Coscob Harbor and Mianus River, Connecticut. “'¤¤¤¤· N- Y- \Vilson Harbor, New York. 0*** 0¤‘¤h=¤’d» N- Y- Oak Orchard Harbo1·, New York. . B$ft,,,,.{j‘§l'{$“"° Saint Lawrence River at the head of Long Sault Island, New York. Etg¤Q&§°**¤S¤<= BM'- Inland waterway from Chincoteague Bay, Virginia, to Delaware "Ba ’, at or near Lewes, Delaware. O°’*‘°°k°I¤*°*·N·C- Ocracoke Inlet, North Carolina. M§¤*¤”*"¤*¤°*¤ Rh'"- Saint Francis River, Missouri. nvm, cn. Harbor at Alviso, California. ““1“*“¤ B*`*>’·°'°8- Yaqnina Bay. Oregon, except that an amount may be retained sufficient for maintenance for two years. ‘ §,“jjg},'R*"°’·O"¥· Mouth of Siuslaw River, Oregon, except that an amount may be ri-im eénmm. retained sufficient for maintenance for two years: Pr0z·z'ded, That nothing in this section shall be construed as applying to any work or balances covered by contracts made prior to the passage of this Act. ,,.E"uZl}§,°f°° °""“"‘° Sec. 8. That the unallotted balance appro riated by the Act of ·*"’*· 1*-*51- _ April twenty-eighth, nineteen hundred and flbur, entitled "An Act providing for the restoration or maintenance of channels or of river