Chapter 1399. To amend an Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes,” approved June thirteenth, nineteen hundred and two
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CHAP. 1399.— An Act To amend an Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes,” approved June thirteenth, nineteen hundred and two. June 28, 1902.[[Public, No. 180](/us/pl/57/180).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Cumberland River, Tenn.Improvement of. That the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes,” *Ante*, p. 358. approved June thirteenth, nineteen hundred and two, be, and the same is hereby, amended so that the two paragraphs thereof providing for the improvement of the Cumberland River, Tennessee, below Nashville, and of the Cumberland River, Tennessee, above Nashville, shall read as follows:
" Lock and dam at Harpeth Shoals. “Improving Cumberland River, Tennessee, below Nashville: For the completion of the lock and dam at Harpeth Shoals and for maintenance, one hundred and eighty thousand dollars. Lock and Dam No. 1. “Improving Cumberland River, Tennessee, above Nashville: Continuing improvement, and for maintenance, two hundred thousand dollars, of which so much as may be necessary shall be used for the Water-power leases, etc. completion of Lock and Dam Numbered One.
And the Secretary of 409 War is hereby authorized, in his discretion, to grant leases or licenses to the highest responsible bidder for the use of the water power created by said dam, at such a rate and on such conditions and for such periods of time as may seem to him expedient; and he is also authorized, in Permits for construction, etc., of canals. his discretion, to issue permits for the construction, maintenance, and operation of inlet and outlet canals and other structures, on such plans as he may approve, for the diversion of the water aforesaid: *Provided*, *Provisos*.
That any lease or license so granted shall be limited to the use of the surplus water not required for navigation, and no structures shall be Protection to navigation. built and no operations be conducted which shall in any manner injure navigation, interfere with the oper ations of the Government, or impair the usefulness of any improvement made by the Government for the benefit of navigation; and the right of Congress to alter, amend, or repeal the provisions of this paragraph is hereby expressly reserved: *Provided further*, That before leasing or licensing such water privileges, Proposals. or issuing permits for the construction and operation of such canals, or otherwise disposing of any water power or privilege, the Secretary of War shall first advertise the same in one or more daily papers at Nashville, for sixty days immediately preceding, stating specifically the right or privilege proposed to be leased or conveyed, with its exact limitations, inviting bids for the same, and he may, in his discretion, then lease the same for a specific term of years at so much per year, to be paid semiannually in cash into the Treasury, and Payments. the Secretary of War shall reserve the right to reject any or all bids.
" Approved, June 28, 1902.