Page:United States Statutes at Large Volume 33 Part 1.djvu/1233

 1146 F11•"rY-E1er1rH ooxoaass. sms. 111. cs. 1482. 1905. ' bor or channel improvements constructed and rights in land reclaimed by said Nome Improvement Company under authority hereof, ulpon Cgmmguggmgnt of payment to said company of the reasonable value thereof, exclu ing Failure tomaintain approval of this Act: Provided further, That if after the lapse of two °h°"°Id°p°h‘ years from date of approval of this Act the said improvement company shall, at any time during the season of navigation, permit any portion of said channel between the jetties, including that portion of the river improved by it, for three consecutive months to e of less depth than six feet at mean low tide, for a full width of fifty feet, then all rights of said company as herein determined shall cease, and the harbor improvements constructed, including bulkheads, jetties, and rights in reclaimed lands, shall become the property of the United States with- R°¤'·**°'=*°¤· out recompense to the company: Pmmded further, That no exclusive privileges to dredge in Sna e River as an incident to mining are herein conferred; and the said improvement companyshall assume all liability for damages that may arise as the result o work undertaken by it under ,ef,Fjg* **8*** ¤°* °‘· the authority of this Act: Pr0v·ided_fee¢•t/nm·, That this Act shall not be · ` held to authorize the infringement or impairment of the legal rights of rm is vessels rn any person, company, or corporation: And provided further, That said me °f "'°"°‘°" harbor, when duly constructed, shall, under uniform regulations to be adopted by said company, and a roved by the Secretary of War, be free to such vessels as may be allile to enter the same as a harbor of mmm L refuge in stress of weather. °° Congress reserves the right to alter, amend, or repeal any of the Honolulu Hmm provisions of this Act in so far as it relates to this franchise. ’ ’ Improving harbor at Honolulu, Hawaii: In accordance with the report andsurveys made by the land department of the government hmm of the Sandwich slands prior to annexation and the further report of comaés, Lieutenant Slattery, two hundred thousand dollars: Provided, That a contract or contracts may be entered into for such materials and work as may be necessary to prosecute said work, to be paid for as appropriations may from time to time be made by law, not to exceed in the aggregate two hundred thousand dollars in excess of the amount herein appropriated. The amounts herein appropriated and authorized may he expended upon sections one, two, and t ree, it being the intention to provide first for the completion of section one, and the Secretary of War is authorized and directed to cause a resurvey of said harbor- to be made. _ ,,,§,’{{j’,§{°°°*°° °PP’°‘ For emergencies: To provide for the restoration of channels. or river and harbor improvements heretofore established or made by the Government, or herein provided for. where by reason of emergency occurring after the passage of this Act the usual dqmth of such channels or customary use of such improvement can not be maintained and there is no sufficient fund available for such restoration, three hundred thousand dollars. The amount herein provided shall be allotted by mghu the Secretary of lVar: Provided, That in no case shall such allotment ` be made unless recommended by the local engineer having such channel or im rovement in charge and by the Chief of Engineers, respecm§n{_**'°“¤ *“°'* tively: Igovided further, That for no single channel or improvement shall a sum greater than ten thousand dollars be allotted. “°‘l""°' "°P"’· The depth of water in tidal waters whenever referred to in this Act shall be understood to mean the depth at mean low water unless otherwise expressed. ,,§j_° °* “”’°P"’“‘ Appropriations made for the respective works herein named, or so muc thereof as may necessary, may, in the discretion of the Secretary of W ar, be used for maintenance and for the repair and restoration of said works whenever from any cause they have become seriously impaired as well as for the further improvement of said works.
 * mP’°"°m‘*”“· the value of the franchise: Providedfurt/ner, That the work of improvement herein described shall be begun within one year from the ate of