January 31, 1938, report to the Congress the results of such study with his recommendations as to the minimum amount of such flow that will be required annually to meet the needs of such waterway and that will not substantially injure existing navigation on the Great Lakes to the end that Congress may take such action as it may deem advisable. Sec. 1, act of July 3, 1930 (46 Stat. 929), making appropriations for public works on rivers and harbors. 1868. Private improvements on rivers and harbors; construction of wharves, piers, breakwaters, or other structures.—That the creation of any obstruction, not affirmatively authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute an offense and each week's continuance of any such obstruction shall be deemed a separate offense. Every person and every corporation which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand 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. The creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any circuit court exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted under the direction of the Attorney General of the United States. Sec. 10, act of Sept. 19, 1890 (26 Stat. 454); U. S. C. 33: 403a. The above provision, omitted from the original text of the Military Laws, 1929, is inserted as the first paragraph of this section. While superseded as to the creation of obstructions by the second paragraph of this section, it remains in force as regards the continuance of such obstructions. "District court" should be substituted for "circuit court" by reason of section 292 act of March 3, 1911 (36 Stat. 1167). 1868a. Same; dredging in State of Maryland.-Subject to the provisions of section 10 of the River and Harbor Act approved March 3, 1899, authority is hereby granted to dredge, without cost to the United States, in the navigable waters of the United States included within the State of Maryland and outside the limits of projects for improvement of navigation facilities approved by Congress, regardless of rights accruing to the United States as riparian owner under the laws of the State of Maryland: Provided, That in the opinion of the Chief of Engineers such dredging will improve facilities for navigation. Sec. 12, act of July 3, 1930 (46 Stat. 949), authorizing improvements on rivers and harbors; U. S. C. 33: 465. For section 3, act of March 3, 1899, see 1868, ante. 1879a. Bridges; toll rates. * * * * In the case of bridges heretofore authorized by Acts of Congress specifically reserving to Congress the right to subsequently regulate tolls on such bridges, such bridges shall, in respect of the regulation of all tolls, be subject to the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. Sec. 17, act of June 10, 1930 (46 Stat. 552); U. S. C. 33: 498a. That any bridge authorized, prior to March 23, 1906, by Act of Congress specifically reserving to Congress the right to alter, amend, or repeal such Act, shall, in respect of the regulation of all tolls, be subject to the provisions of the S 0 t 0 C III C 01 a ta th 01 ne th go W pu th th a ot an an of A Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. Sec. 1, act June 27, 1930 (46 Stat. 821); U. S. C. 33: 498b. For act of March 23, 1906, referred to in text, see 1874, ante. 1881. Federal Power Commission; composition and organization. That a commission is hereby created and established, to be known as the Federal Power Commission (hereinafter referred to as the "commission") which shall be composed of five commissioners who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman and shall be the principal executive officer of the commission: Provided, That after the expiration of the original term of the commissioner so designated as chairman by the President, chairmen shall be elected by the commission itself, each chairman when so elected to act as such until the expiration of his term of office. The commissioners first appointed under this section, as amended, shall continue in office for terms of one, two, three, four, and five years, respectively, from the date this section, as amended, takes effect, the term of each to be designated by the President at the time of nomination. Their successors shall be appointed each for a term of five years from the date of the expiration of the term for which his predecessor was appointed, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of such predecessor. Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any licensee or to any person, firm, association, or corporation engaged in the generation, transmission, distribution, or sale of power, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold the office of commissioner. Said commissioners shall not engage in any other business, vocation, or employment. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. Three members of the commission shall constitute a quorum for the transaction of business, and the commission shall have an official seal of which judicial notice shall be taken. The commission shall annually elect a vice chairman to act in case of the absence or disability of the chairman or in case of a vacancy in the office of chairman. Each commissioner shall receive an annual salary of $10,000, together with necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitations prescribed by law, while away from the seat of government upon official business. The principal office of the commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States. Sec. 1, act of June 10, 1920 (41 Stat. 1063), as amended by sec. 1, act of June 23, 1930 (46 Stat. 797); U. S. C. 16:792. The commission shall have authority to appoint, prescribe the duties, and fix the salaries of, a secretary, a chief engineer, a general counsel, a solicitor, and a chief accountant; and may, subject to the civil service laws, appoint such other officers and employees as are necessary in the execution of its functions and fix their salaries in accordance with the Classification Act of 1923, as amended. The commission may request the President to detail an officer or officers from the Corps of Engineers, or other branches of the United States Army, to serve the commission as engineer officer or officers, or in any other capacity, in field work outside the seat of government, their duties to be prescribed by the commission; and such detail is hereby authorized. The President may also, at the request of the commission, detail, assign, or transfer to the commission engineers in or under the Departments of the Interior or Agriculture for field work outside the seat of government under the direction of the commission. Sec. 2, act of June 10, 1920 (41 Stat. 1063), as amended by sec. 1, act of June 23, 1930 (46 Stat. 797); U. S. C. 16: 793. The original text of this section was amended to read as above. * * * * * This Act shall be held to reorganize the Federal Power Commission created by the Federal Water Power Act, and said Federal Water Power Act shall remain in full force and effect, as herein amended, and no regulations, actions, investigations, or other proceedings under the Federal Water Power Act existing or pending at the time of the approval of this Act shall abate or otherwise be affected by reasons of the provisions of this Act. Sec. 4, act of June 23, 1930 (46 Stat. 798). The above provision is added as a new paragraph of this section. Lands set aside as national parks or national forests were exempted from the provisions of the Federal water power act by acts of April 19, 1930 (46 Stat. 222), May 9, 1930 (46 Stat. 265), May 14, 1930 (46 Stat. 279), June 13, 1930 (46 Stat. 583), July 3, 1930 (46 Stat. 853), and Mar. 3, 1931 (46 Stat. 1514). 1889. Inland waterways transportation; development by Secretary of War. The Chief of Engineers is hereby authorized to have printed a further edition of the report entitled "Transportation in the Mississippi and Ohio Valleys," prepared by the Board of Engineers for Rivers and Harbors in cooperation with the United States Shipping Board under authority of section 500 of the Transportation Act approved February 28, 1920 (to be brought down as nearly as possible to date), to be paid for from appropriations heretofore or hereafter made by Congress for the improvement of rivers and harbors; and the cost of printing such other reports and data as are prepared in compliance with that law and with section 8 of the Merchant Marine Act, approved June 5, 1920 (not exceeding $35,000 in any one year), may be paid from similar appropriations. Sec. 6, act of July 3, 1930 (46 Stat. 948), authorizing improvements on rivers and harbors. The above provision is added as a new paragraph of this section. 1890a. Same; acquisition of Erie and Oswego Canals.-The Secretary of War is authorized and empowered to accept from the State of New York the Stateowned canals known as the Erie and Oswego Canals and to operate and maintain them at their present depth, at an annual estimated cost of $2,500,000, as barge canals only, and not as or with any intention to make them ship canals or to hinder or delay the improvement of the Saint Lawrence Waterway as the seaway from the Great Lakes to the ocean: Provided, That such transfer shall be made without cost to the United States and without liability for damage claims arising out of said canals prior to their acquisition by the United States, and shall include all land, easements, and completed or uncompleted structures and appurtenances of the said waterways and their service: And provided further, That no project for the widening or deepening of these canals, or for the elevation of bridges in connection therewith, shall proceed without subsequent authorization of Congress. Sec. 1, act of July 3, 1930 (46 Stat. 920), authorizing construction of public works on rivers and harbors. 1899a. Prevention of erosion of shores of coastal and lake waters.-The Chief of Engineers of the United States Army, under the direction of the Secretary of War, is authorized and directed to cause investigations and studies to be made in cooperation with the appropriate agencies of various States on the Atlantic, Pacific, and Gulf coasts and on the Great Lakes and the Territories, with a view to devising effective means of preventing erosion of the shores of coastal and lake waters by waves and currents; and any expenses incident and necessary thereto may be paid from funds appropriated for examinations, surveys, and contingencies for rivers and harbors: Provided, That the War Department may release to the appropriate State agencies information obtained by these investigations and studies prior to the formal transmission of reports to Congress: Provided further, That no money shall be expended under authority of this section in any State which does not provide for cooperation with the agents of the United States and contribute to the project such funds and/or services as the Secretary of War may deem appropriate and require; that there shall be organized under the Chief of Engineers, United States Army, by detail from time to time from the Corps of Engineers and from the engineers of State agencies charged with beach erosion and shore protection, a board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be selected with regard to their. special fitness by the Chief of Engineers from among the State agencies cooperating with the War Department. The board will furnish such technical assistance as may be directed by the Chief of Engineers in the conduct of such studies as may be undertaken and will review the reports of the investigations made. In the consideration of such studies as may be referred to the board by the Chief of Engineers the board shall, when it considers it necessary, and with the sanction of the Chief of Engineers, make, as a board or through its members, personal examinations of localities under investigation: Provided further, That the salary of the civilian members shall be paid by their respective States, but the traveling and other necessary expenses connected with their duties on the board shall be paid in accordance with the law and regulations governing the payment of such expenses to civilian employees of the Engineer Department. Sec. 2, act of July 3, 1930 (46 Stat. 945), authorizing improvements on rivers and harbors; U. S. C. 33: 426. CHAPTER 34 STATUTES Statutes at Large: Index, 1904a. Code of Laws of the United States, supplements and new editions; publication, 1919. 1904a. Statutes at Large; index.-That the Librarian of Congress is hereby authorized and directed to have the index to the Federal Statutes, published in 1908 and known as the Scott and Beaman Index, revised and extended to include the Acts of Congress down to and including the Acts of the Seventieth Congress, and to have the revised index printed at the Government Printing Office. Sec. 1, act of Mar. 3, 1927 (44 Stat. 1401), as amended by act of June 14, 1930 (46 Stat. 585). 1919. Code of laws of the United States, supplements and new editions; publication. "U. S. C. 1: 51a" should be added to citation to last paragraph of this section. 102 |