Chapter 2577. Authorizing the use of the waters in Coosa River at Lock Numbered Four, in Alabama
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CHAP. 2577.— An Act Authorizing the use of the waters in Coosa River at Lock Numbered Four, in Alabama. June 4, 1906. [[H. R. 19473](/us/bill/34/hr/19473).] [[Public, No. 196](/us/pl/34/196).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary of War isCoosa River, Ala.Completion of Lock Number Four by private parties authorized. hereby authorized and empowered to enter into contract with any individual or corporation, private or municipal, preference being given to riparian owners and their assigns, hereinafter designated “the contracting party.” to complete the dam and forebay of the lock which has been partially constructed by the Government at Lock Numbered Four on the Coosa River, the work to be done under his supervision and control, and in accordance with the present adopted project and any modification thereof that he may deem proper: *Provided,* That the*Provisos.*Conditions. contracting party shall furnish all materials, of every character, and pay for all labor required in the construction of said dam and forebay, which. upon completion, shall become the property of the United States, free of all costs, claims, or charges of any kind whatsoever: *Provided further,* That the terms of this Act and any stipulation which the SecretaryProtection to navigation. of War may deem necessary to safeguard the interests of navigation and other interests of the United States shall be embodied in any contract entered into as aforesaid. 212 Sec. 2.
Time of completion.That the contracting party shall begin the said work within two years from the passage of this Act and shall complete the same within four years from the date of commencing construction, and the Secretary of War may. upon reasonable diligence of the contracting party being shown, extend the time for completion, the Government reserving the right to commence and finish the work, if deemed advisable, Failure to complete.at any time before it is commenced by the contracting party: or. if begun and not carried out in strict conformity to the directions of the Secretary of War, the Government may assume the completion of said work at its option, the cost of such completion to be paid by the *Proviso.*Secretary of War to approve the work.contracting party: *Provided.* That the Secretary of War shall determine from time to time whether the work is being properly done.
Sec. 3. Contractors granted use of water power.That in consideration of the completion of said dam and fore- bay, including buttresses and gates, free of cost to the Government, the contracting party is hereby granted such rights as the Government possesses to use the water power produced by said dam for manufacturing and other industrial purposes for a period of ninety-nine years:*Provisos.*Plans. *Provided,* That the plans for the necessary works and structures to utilize said water power shall be approved by the Secretary of War:Lock. *Provided further,* That the right, is reserved to the United States to construct, maintain, and operate a lock for navigation purposes in connection with said dam and forebay, and nothing shall be done in the use of the water from said dam or otherwise to interfere with or in any way impede or retard the operation of said lock or the proper and complete navigation of the river at all times, nor in any way to interfere with the use and control of the same by the United States or the maintenance of the water surface above the dam at the established Regulations.pool level; and the Secretary of War is hereby authorized to prescribe 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 Free use of electric current by the United States.power, resulting from any cause whatsoever: *Provided further,* That the contracting party shall furnish to the United States, free of cost, such electric current as may be necessary for operating the Government lock, in ease the same shall be built, and lighting its buildings Right of ingress and egress.and grounds: *And provided further,* That the contracting party may have ingress and egress over Government lands in the construction and operation of plant.
Sec. 4. Bond.That the Secretary of War may require the contracting party to execute a bond, with proper securities, before the commencement of the work, in such amount as he may consider necessary, to insure the beginning, prosecution, and completion of the work and Forfeiture.compliance with the terms and requirements of this Act, and in ease of failure to comply with the requirements of said bond the contracting *Proviso.*Inspection.party shall forfeit to the United States the full amount thereof: *Provided,* That a suitable force of inspectors shall be employed on the work by the Secretary of War, at the expense of the United States, to see that the plans and specifications and the terms and requirements of the Act and the conditions of the contract are strictly carried out, Expense.and any expense incurred by the United States in maintaining said inspectors shall be paid from any funds available pertaining to the appropriations made by Congress for examinations, surveys, and contingencies of rivers and harbors.
Sec. 5. Revocation of rights reserved.Reimbursement for improvements, etc.That Congress reserves the right to revoke the rights and privileges conferred by this Act: but in the event of such revocation the United States shall pay to the contracting party, as full compensation. the reasonable value, exclusive of any franchise that may be required under this Act. of all properties erected and lands purchased by them, necessary for the enjoyment of the benefits hereby conferred, such value to lie determined by mutual agreement between the 213Secretary of War and the owners of said properties, and in ease they can not agree, then by proceedings in condemnation, to be instituted in the proper United States court: *Provided*, That to insure compliance*Proviso.*Suspension of privileges. with the terms of the contract, or to protect the interests of navigation and other interests of the United States, the Secretary of War shall have power, at any time before or after the completion of the work, to order a suspension of all privileges granted by this Act, and compliance with such order may be enforced by injunction of the court of the United States exercising jurisdiction in the district in which the work is situated, and proper proceedings to this end shall be instituted by the Attorney-General upon request of the Secretary of War.
Sec. 6. That nothing in this Act shall be construed as in any wayJurisdiction. abridging the exclusive jurisdiction and control by the United States over the Coosa River, and of any structures therein, nor as repealingExisting law not affected. or modifying any of the provisions of law now existing for the protection of navigation. Approved, June 4, 1906.