Chapter 3622. To enable the Secretary of War to permit the erection of a lock and dam in aid of navigation in the White River, Arkansas, and for other purposes
1,402 words·~6 min read·
/statutes-at-large/vol-34/chapter-3622-2801980·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 3622.— An Act To enable the Secretary of War to permit the erection of a lock and dam in aid of navigation in the White River, Arkansas, and for other purposes. June 29, 1906. [[H. R. 18596](/us/bill/59/hr/18596).] [[Public, No. 368](/us/pl/59/368).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, White River, Ark. J. A. Omberg, jr., may build lock and dam across. That the Secretary of War be, and he is hereby, authorized and empowered to grant permission to J.
A. Omberg, junior, to build and construct a lock and dam across the White River at such point above Lock Numbered Three, now built or being built by the United States, as may be approved by the Secretary of War, the said lock and dam to be constructed under his direction, supervision, and control, and in accordance with and conformity to the plans and designs as may be approved by the Chief of Engineers *Proviso*. Plans, etc. of the United States Army: *Provided*, That the plans and designs of the said structure shall be prepared by the said contracting party at Construction. his own expense; and the said contracting party shall purchase and pay for all lands on either side of the river that may be necessary to the successful construction and operation of said lock and dam, including flowage rights and rights of way for ingress and egress from public highways, and deed the same to the United States, and make all excavations, erect all stone, concrete, and timber work, furnish all materials of every character, and pay for all labor employed in the construction Transfer, free of cost. of said lock and dam, and give said lock and dam to the United States completed, free of all cost, expense, claims, or charges of any kind whatsoever.
Sec. 2. Time of construction. That the said individual undertaking the construction of said work shall begin the building of said lock and dam within eighteen months from the passage of this Act, and the same shall be completed within two years from the date of beginning the construction, the right being reserved to the United States to enter on the construction of said lock and dam, if deemed advisable, at any time before the work is commenced by said contracting party; or if begun and not carried on in strict accordance with the directions of the Secretary of War, then the United States may assume the further construction and completion of said work at its option, the cost of such further construction and completion to be paid by the said contracting individual. 629 Sec. 3.
That the deed to the United States to the land to be purchased Deed. and donated to the same, as mentioned in the first section of this Act, shall be executed and delivered within twelve months after the passage of this Act; and, further, that the Secretary of War shall Character of work. 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, so as to force the work to completion within the limit mentioned in the Act.
Sec. 4. That in consideration of the construction of said lock and Grant of water-power privileges. 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 constructing said lock and dam under the provisions of this Act such rights as it possesses to use the water power produced by said dam and to convert the same into electric power or otherwise utilize it for a period of ninety-nine years: *Provided*, That he shall furnish the *Provisos*.
Electric current. necessary electric current while his power plant is in operation to move the gates and operate the locks and to light the United States buildings and grounds free of cost to the United States: *Provided further*, That the said person shall operate and maintain the said locks, Operating locks. affording passage to all boats and craft desiring to use the same, but the Secretary of War, in the interest of navigation, may relieve him of this obligation: *And provided further*, That the plans for the necessary Secretary of War to approve plans, etc. works and structures to utilize said water power shall be approved by the Secretary of War, and that 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 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 for the purposes of navigation: *And provided further*, That the Secretary of War is hereby authorized to prescribe Regulations. 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, Failure to notify. junior, his heirs and assigns, for a period of twelve months to formally notify the Secretary of War of his intention to proceed with the construction of the lock and dam as herein provided, then it shall be lawful New contract. for the Secretary of War to contract with any private corporation, company, firm, or persons for. the construction of said lock and dam on the terms and in the manner herein provided: *Provided*, That the *Proviso*.
Bond. 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, conditions, and requirements of this Act; and in case of failure to comply Forfeiture. with the requirements of said bond the said contracting party shall forfeit to the United States the full amount thereof.
Sec. 6. That the right is expressly reserved in the United States to Revocation. revoke by Act of Congress the rights, privileges, and benefits conferred by this Act; but in the event of such revocation the United States shall Compensation for improvements. pay to the corporation, company, firm, or persons who may erect said lock and dam under the provisions of this Act as full compensation the reasonable value, exclusive of the franchise hereby conferred, of all properties erected and lands purchased by them necessary for the enjoyment of the benefits conferred upon them by the provisions of this Act, such value to be determined by mutual agreement between the Secretary Determining value of. of War and the owners of said properties; and in case they can not agree, then by proceedings instituted in the United States circuit court for the condemnation of said property, such proceedings to conform 630 as nearly as may be to the laws of the State of Arkansas in respect of *Provisos*. condemning land for the right of way for railroad purposes: *Provided*, Suspension of privileges.
That to insure compliance with the terms of the contract or of this Act, or to protect the interests of navigation, 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 provided Enforcement by injunction. further*, That compliance with such order of suspension may be enforced by the injunction of the circuit 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. 7. Jurisdiction and existing law not affected. That nothing in this Act shall be construed as in any way interfering with the exclusive jurisdiction over and control by the United States of the White River and the lock and dam therein to be erected for the purpose of navigation, nor as repealing or modifying any of the provisions of law now existing in reference to the protection of navigation. Approved, June 29, 1906.