Page:United States Statutes at Large Volume 34 Part 1.djvu/659

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FIFTY-NINTH CONGRESS. Sess. I. Ch. 3622. 1906. 629 hS::B<3 3. ghlat theeldeedbto the United States to the lgnd to be pur; .D°°"- c a· an onat to the same as mentioned in the rst section o this Act, shall be executed and delivered within twelve months after the passage of this Act; and, further, that the Secretary of War.shall °h“’“"°°’ "* "°"‘· determine from time to time whether the work is being properly done, and may require an increase in force to be employed by the contractor, spl asx to force the work to completion within the limit mentioned in t e ct. · Sec. 4. That in consideration of the construction of said lock and p0(f,Q*}’,§j,‘{lgQ_‘°" dam, free of cost to the United States except as provided in section one of this Act, the United States hereby grants to the person constrplcting said lock and dam qlnder the provisioncs ofdtliis Acti sinch ri ts as it possesses to use the water wer pro uce y said am arial to amiiséert the same into elecgic ppviggrpp otplerwlisql uézilize at flqr ‘ a rio 0 ninet —nine ears: rom e , at e s a urnis the P*°•**¤9·· nepcgssary electrieycurrenlsv while his power plant is in operation to mmm mmm" move the gates and operate the locks and to light the United States buildings and groun s free of cost to the United States: Provided fart/ter, That the said person shall operate and maintain the said locks, °P°'*°*°¤‘°°"”· szfoéiingbpasmgev? al ande craft pesirmgtto use the samenqbut e cre r o ar, in. e in res o naviga ion may re ieve 1m of this obliggition: And provided fin ther, That the plans for the neces- apffofflxggrgzf "° sary woélks and strqczpres to gtilize water}; ppvlsgeighall be approved b the cretary 0 'ar, an t at no in s al e one in the use o thye water from said dam or otherwise to iiiterfere with or in any way impede or retard the proper and complete navigation of the river at all times, porgn agy gray tofintzgfere with thefuse and tcontrpfncg the _ same b the nit ta es or e pu ses 0 naviga ion: providedjiirtlaer, That the Secretary of VK; is hereby authorized to pre- R¤S¤l•¤°¤¤ scribe regulations to govern the use of the said water power and the operations of the plant and force employed in connection therewith; _ and no claim shall be made against the United States for any failure _ of- water power resulting from any cause whatever. Sec. 5. That in case of failure on the part of said J. A. Omberg, F¤*l¤¤¤¤>¤<>¤fr· _ junior, his heirs and assigns, for a period o twelve months to formal y notify the Secretary of War of his intention to proceed with the construction of the lock pnddam as herein proylided, then iqzhall be layzful N"' °°¤°’°°°· for the Secretarv 0 ar to contract wi any riva co ra ion, com any, tirm, 61- persons for the construction df said loekliihd dam _ on the terms and in the manner herein provided: Provided, That the §g'{,‘{,'f°· Secretary of War may require the contracting party to execute a bond, with proper sureties, before the commencement of the work, in such amount as he may consider necessary, not exceeding one hundred thousand dollars, to insure the commencement, prosecution, and completion of the work herein authorized and compliance with the terms, cond1— tions, and requirements of this Act; an in case of failure to comply Fcrfeirunwith the rplquéreineéitg otfg sad popd the segiélhcontgacting party shall forfeit to the 'nite `ta s e u amoun ereo . See. 6. That the right is expressly reserved in the United States to 1wv<¤=•¤¤¤. revoke by Act of Congress the nghts, pr1v1leges,andmnehts conferred C m mmm for by this Alot; but intthe event of sucéh revocation the Lipited Statestshall ,,,,,§’m5’§m,,,,,,_ ot ecor ra ion com n , rm, or rsonsw omay erec sai liildktand dam iihder the promidns of this {dt as full compensation the ' reasonable value, exclusive of the franchise hereby conferred., of all properties erected and lands purchased by them necessary for the enjoy - ment of the benefits conferred upon them by the provisions of this Act, such.value to be determined by mutual Bgreement between the Secre· Ofvetermiuins value tarv of War and the owners_0f said prpperhes; and in case they can not ' agree, then bv proceedings instituted in the United States circuit court for the condemnation of said property, such `proceedings to conform