TITLE 33.-NAVIGATION AND NAVIGABLE WATERS

Chap. Sec. Sec. 1. Navigable waters generally ------1 25. Cache River, Arkansas. 2. International 26. Calumet River, Cook County,' Illinois, old channel. rules for navigation at sea.... 61 26a. Same; old channel. 3. Navigation rules for harbors, rivers, and in- 26b. Same; Chicago. land waters generally------151 27. Chicago River at Chicago, Illinois. 4. Navigation rules for Great Lakes and their 27a. Same. 28. Crum River; old channel at mouth, Delaware Bay. connecting and tributary waters ------241 29. CulVre River, Missouri. 5. Navigation rules for Red River of the North' 29a. East River, Wisconsin. and rivers emptying into Gulf of Mexico 30. Grand River, Missouri, above Brunswick. and tributaries ...... 31. Iowa River, Iowa, above Toolsboro. 301 32. Lake George, Mississippi, 6. General duties of ship officers and owners 33. Little River, Arkansas, from Big Lake to Marked after collision or other accident ...... 361 Tree. 7. Regulations for the suppression of piracy--- 381 34. Mill Slough, Oregon. 8. Summary trials for certain offenses against 35 Mississippi River, West Channel, opp..:ite La Crosse, Wisconsin. navigation laws_------...... 391 36. Mosquito Creek, Couth Carolina. 9. Protection of navigable waters and of harbor 37. Nodaway River, Missouri. and river improvements generally------401 38. Oklawaha River, Florida; Kyle and Young Canal 10. Anchorage grounds and harbor regulations and "Morrison Landing extension" substituted, 39. Ollala Slough, Oregon, generally - 471 40. One Hundred and Two River, Missouri. 11. Bridges over navigable waters ------491 41. Osage River, Missouri. 12. River and harbor improvements generally--- 541 42. Platte River, Missouri. 13. Mississippi River Commission 43. Saint Marys River, Ohio and Indiana. ------641 44. Sturgeon Bay, Illinois. 14. California Ddbris Commission ------661 45. Swan Creek, Toledo, Ohio. 15. Flood control- 701 46 Tchula Lake, Mississippi. 16. Lighthouses ...... 711 47. Eagle Lak, Louisiana-Mississippi. 17. Coast and Geodetic Survey 48. Noxubee River, Mississippi. 851 40. Bayou Saint John in Now Orleans. 18. Longshoremen's and harLor workers' com- 50. Turtle Bay and Turtle Bayou, Texas. pensation act 901 51 Scajaquada Creek, New York. 52. Park River, Connecticut. CROSS REMEENCE 53. Benton Harbor Canal, Michigan. Bureau of Marine Inspection and Navigation, see J ile 54. Burr Creek, Bridgeport, Connecticut. 46, Shipping. 55. Bayou Savage (or Chantilly) In New Orleans. Chapter I.-NAVIGABLE WATERS GENERALLY GENERAL PROVISIONS GENERAL PROVISIONS Sec. § 1. Regulations by Secretary of War for navigation 1. Regulations by Secretary of War for navigation of waters generally. of waters generally. 2. Regulations for navigation of South and Southwest It shall be the duty of the Secretary of War to Passes of Mississippi River; penalties. prescribe such regulations for the use, administra- 3. Regulations to prevent injuries from target prac- tion, and navigation of the navigable waters of the tice. United States as In his judgment the 4. Water gauges on Mississippi River and tributaries. public neces- 5. Abolition of tolls on Government canals, canalized sity may require for the protection of life and prop- rivers, etc.; expense of operation, repairs to and erty, or of operations of the United States in chan- reconstruction of canals, etc.; Panama Canal ex- nel improvement, covering all matters not specifi- cepted. cally delegated by law to some other executive 6. Free passage to harbor of Michigan City, Indiana, 7. Use of Government iron pier in Delaware Bay. department. Such regulations shall be posted, In 8. Toll-free rivers in Alabama. conspicuous and appropriate places, for the infor- 9. Des Moines River as toll-free. mation of the public; and every person and every 10. Waters In Louisiana Purchase as public highways. corporation which 11. Authority for compact between Middle Northwest shall violate such regulations shall States as to Jurisdiction of offenses committed on be deemed guilty of a misdemeanor and, on convic- boundary waters. tion thereof in any district court of the United 12. Port Arthur Ship Canal. States within whose territorial Jurisdiction such of- fense may have been committed, shall be punished WATERS DECLARED NONNAVIGABLE; CHANG E OF NAME by a fine not exceeding $500, or by imprisonment tin the case of a natural person) not exceeding six 21. Bayou Cocodrie, Louisiana. months, 22. Bayou Mete, Arkansas. in the discretion of the court. 23. Bear Creek, Mississippi. Any regulations prescribed by the Secretary of War 24. Big Tarklo River, Missouri. in pursuance of this section may be enforced as pro- Page 2895 TITLE 33.-NAVIGATION AND NAVIGABLE WATERS Page 2890 vided in section 413 of this title, the provisions the request of the Secretary of War, the head of any whereof are hereby made applicable to the said reg- other department may enforce, and the head of any ulations. (Aug. 18, 1894, ch. 299, § 4, 28 Stat. 362; such department is hereby authorized to enforce, June 13, 1902, ch. 1079, §§ 6, 11, 32 Stat. 374; Aug. such regulations by means of any public vessel of 8, 1917, ch. 49, § 7, 40 Stat. 206.) such department. Posting and violation of regulations.-The regula- § 2. Regulations for navigation of South and South- tions made by the Secretary of War pursuant to this west Passes of Mississippi River; penalties. section shall be posted in conspicuous and appropriate The Secretary of War is authorized to make such places, designated by him, for the information of the rules and regulations for the navigation of the South public; and every person who and every corporation and Southwest Passes of the Mississippi River as to which shall willfully violate any regulations made by him shall seem necessary or expedient for the pur- the said Secretary pursuant to this section shall be pose of preventing any obstruction to the channels deemed guilty of a misdemeanor, and upon convic- through said South and Southwest Passes and any tion thereof :n any court of competent Jurisdiction Injury to the works therein constructed. The term shall be punished by a fine not exceeding $500, or by "South and Southwest Passes", as employed in this Imprisonment (in the case of a natural person) not section, shall be construed as embracing the entire exceeding six months, in the discretion of the court. extent of channel in each case, between the upper Venue and jurisdiction of offenses; procedure.- ends of the works at the head of the pass and the Offenses against the provisions of this section, or any outer or sea ends of the jetties at the entrance from regulation made pursuant thereto, committed in any the Gulf of Mexico; and any willful violation of any Territory or other place subject to the Jurisdiction of rule or regulation made by the Secretary of War in the United States where there is no court having pursuance of this section shall be deemed a misde- general Jurisdiction of crimes against the United meanor, for which the owner or owners, agent or States, shall be cognizable in any court of such place agents, master or pilot of the vessel so offending shall or Territory having original jurisdiction of criminal be separately or collectively responsible, and on con- cases in the place or Territory in which the offense viction thereof shall be punished by a fine of not less has been committed, with the same right of appeal than $100, nor exceeding $500, or by imprisonment in all cases as is given in other criminal cases where for not exceeding three months, or by both fine and imprisonment not exceeding six months forms a imprisonment, at the discretion of the court. (Mar. part of the penalty, and jurisdiction is hereby con- 3, 1909, ch. 264, § 5, 35 Stat. 818.) ferred upon such courts and such courts shall exer- § 3. Regulations to prevent injuries from target prac- cise the same for such purposes; and in case any tice. such offense be committed beyond the territorial Jurisdiction of any court having Jurisdiction thereof, Authority to adopt regulations.-In the interest of the offense shall be deemed and held to have been the national defense, and for the better protection committed within the jurisdiction in which the of life and property on the navigable waters of the offender may be found or into which he is first United States, the Secretary of War is author- brought, and shall be tried by the court having ized and empowered to prescribe such regulations as Jurisdiction thereof. (July 9, 1918, ch. 143, subch. he may deem best for the use and navigation of any XIX, §§ 1-4, 40 Stat. 892, 893.) portion or area of the navigable waters of the United States or waters under the jurisdiction of the United §4. Water gauges on Mississippi River and tribu- States endangered or likely to be endangered by taries. Coast Artillery fire in target practice or otherwise, or The Secretary of War is hereby authorized and by the proving operations of the Government ord- directed to have water gauges established, and daily nance proving grounds at Sandy Hook, New Jersey, observations made of the rise and fall of the Missis- or at any Government ordnance proving ground that sippi River and its tributaries. may be established elsewhere on or near such waters, For the purpose of securing the uninterrupted and of any portion or area of said waters occupied gauging of the waters of the Mississippi River and by submarine mines, mine fields, submarine cables, its tributaries, as provided for in this section, upon or other material and accessories pertaining to sea- the application of the Chief of Engineers, the -Secre- coast fortifications, or by any plant or facility en- tary of War is hereby authorized to draw his war- gaged in the execution of any public project of river rant or requisition, from time to time, upon the and harbor improvement; and the said Secretary Secretary of the Treasury for such sums as may be shall have like power to regulate the transportation necessary to do such work, not to exceed in the of explosives upon any of said waters: Provided,That aggregate for each year the sum of $9,600: Provided, the authority hereby conferred shall be so exercised however, That an itemized statement of said ex- as not unreasonably to interfere with or restrict the penses shall accompany the annual report of the food fishing industry, and the regulations prescribed Chief of Engineers. (R. S. §5252; Aug. 11, 1888, in pursuance hereof shall provide for the use of such ch. 860, § 6, 25 Stat. 424; June 13, 1902, ch. 1079, § 9, waters by food fishermen operating under permits 32 Stat. 374.) granted by the War Department. DEIuvATIoN Detail of vessels to enforce regulations.-To en- Res. Feb. 21, 1871, No. 40, 16 Stat. 508. force the regulations prescribed pursuant to this REPEL OF APPOPRIATIOzN section, the Secretary of War may detail any public Effective July 1, 1035, the permanent appropriation pro- vessel in the service of the War Department, or, upon vided for in this section was repealed by section 725a of Page 2897 TITLE 33.-NAVIGATION AND NAVIGABLE WATERS

Title 31, Money and Finance, authorizing, in lieu thereof, § 8. Toll-free rivers In Alabama. an annual appropriation from the general fund of the Treasury. The Tennessee, Coosa, Cahawba. and Black War. rior Rivers, within the State of Alabama, shall be § 5. Abolition of tolls on Government canals, canal- forever free from toll for all property belonging to ized rivers, etc.; expense of operation, repairs to the United States, and for all persons in their serv- and reconstruction of canals, etc.; Panama Canal excepted. ice, and for all citizens of the United States, except as to such tolls as may be allowed by Act of Con- No tolls or operating charges whatever shall be cress. (R. S. § 5244.) levied upon or collected from any vessel, dredge, or other water craft for passing through any lock, canal, DERIVATION canalized river, or other work for the use and benefit Act May 23, 1828, ch. 75, 1 7, 4 Stat. 200. of navigation, now belonging to the United States or § 9. Des Moines River as toll-free. that may be hereafter acquired or constructed; and The Des Moines River for the purpose of preserving and continuing the use shall forever remain free from any and navigatitrc of said canals and other public works toll, or other charge whatever, for any property of the United States, without interruption, the Secretary of War, upon or persons in their service, passing along the recommendation of the Chief of Engineers, the same. (R. S. § 5246.) United States Army, is hereby authorized to draw DERIVATION his warrant or requisition, from time to time, upon Acts Aug. 8, 1846, ch. 103, § 3, 0 Stat. 78; Jan. 20, 1870. the Secretary of the Treasury to pay the actual ex- ch. 7, 10 Stat, 61. penses of operating, maintaining, and keeping said § 10. Waters in Louisiana Purchase as public high. works in repair, which warrants or requisitions shall ways. be paid by the Secretary of the Treasury out of any All the navigable rivers and waters in the former money in the Treasury not otherwise appropriated: Territories of Orleans and Louisiana shall be and Provided, That whenever, in the Judgment of the forever remain public highways. (R. S. 1 5251.) Secretary of War, the condition of any of the afore- said work. is such that its entire reconstruction is DERIVATION absolutely essential to its efficient and economical Act Mar. 3, 1811, ch. 40, § 12, 2 Stat. 606. maintenance and operation as herein provided for, CRoss REMRENCE the reconstruction thereof may include such modi- Bayou Cocodrie declared nonnavigable, see section 21 fications in plen and location as may be necessary of this title. to provide adequate facilities for existing naviga- § 11. Authority for compact between Middle North- tion: Provided further, That the modifications are west States as to jurisdiction of offenses com- necessary to make the reconstructed work conform mitted on boundary waters. to similar works previously authorized by Congress The consent of the Congress is hereby given to and forming a part of the same improvement, and the States of North Dakota, South Dakota, Minne- that such modifications shall be considered and ap- sota, Wisconsin, Iowa, and Nebraska, or any two or proved by the Board of Engineers for Rivers and more of them, by such agreement or compact as Harbors and be recommended by the Chief of En- they may deem desirable or necessary, or as may be gineers before the work of reconstruction is com- evidenced by legislative acts enacted by any two or menced: Provided further, also, That an itemized more of said States, not in conflict with the Con- statement of said expenses shall accompany the an- stitution of the United States or any law thereof, nual report of the Chief of Engineers: And provided to determine and settle the jurisdiction to be exer- further, That nothing contained in this section shall cised by said States, respectively, over offenses aris- be held to apply to the Panama Canal. (July 5, ing out of the violation of the laws of any of said 1884, ch. 229, § 4, 23 Stat. 147; Mar. 3, 1909, ch. 264, States upon any of the waters forming the boundary § 6, 35 Stat. 818.) lines between any two or more of said States, or REPEAL OP PERMANENT APPnOPRIATION waters through which such boundary line extends, Effective July 1, 1035, the permanent appropriation and that the consent of the Congress be, and the provided for in this section was repealed by section 725a of same is hereby, given to the concurrent jurisdiction Title 31, Money and Finance, authorizing, in lieu thereof, agreed to by the States of Minnesota and South an annual appropriation from the general fund of the Treasury. Dakota, as evidenced by the act of the Legislature of the State of Minnesota approved April 20, 1917, § 6. Free passage to harbor of Michigan Cit-, ndiana. and the act of the Legislature of the State of South The passage of vessels to and from the harbor of Dakota approved February 13, 1917. (Mar. 4, 1921, Michigan City, in Indiana, shall be free and not ch. 176, 41 Stat. 1447.) subject to toll or charge. (R. S. § 5247.) § 12. Port Arthur Ship Canal. DEnrVATION After there shall be conveyed to the United States, Acts June 23, 1860, ch. 138, § 1, 14 Stat. 73; Mar. 2, 1867. ch. 144, 12, 14 Stat. 421. free of cost, a valid title to the line of water commu- nication between Taylors Bayou and Sabine Pass, § 7. Use of Government iron pier in Delaware Bay. in the State of Texas, known as the Port Arthur The Government iron pier In Delaware Bay near Ship Canal, together with a valid title to the turn- Lewes, Delaware, shall be open to public use under ing basin as existing June 19, 1906, and to the arti- regulations to be prescribed by the Secretary of ficial slip on which the lumber dock of the Port War. (July 27, 1916, ch. 260, § 1, 39 Stat. 394.) Arthur Canal and Dock Company is built, the said TITLE 33--NAVIGATION AND NAVIGABLE WATERS Page 2898 waterways shall thereupon become free public expressly reserved. (Feb. 15, 1910, ch. 33, §§ 1, 2, waters of the United States, and be subject to the 36 Stat. 194.) laws enacted by Congress for the maintenance, pres- ervation, protection, and regulation of navigable § 25. Cache River, Arkansas. waters: Provided, That the company or corporation The Cache River in the State of Arkansas is conveying title to said canal as aforesaid shall also declared to be a nonnavigable stream within the convey to the United States, free of cost, the fee to meaning of the Constitution and laws of the United a strip of land one hundred and fifty feet wide along States. This provision shall become void after one the westerl' margin of the canal, except that where year from July 27, 1916, unless within said period the the right of way of the Southern Pacific Railroad Legislature of Arkansas shall pass an act expressly Company prevents the transfer of such strip of land approving this declaration. The right of the Con- along the westerly margin of said canal there shall gress to alter, amend, or repeal this section is hereby be conveyed such strip on the easterly margin thereof expressly reserved. (July 27, 1916, ch. 260, § 1, as may be necessary to make up such one hundred 39 Stat. 399.) and fifty feet of width, with the reservation that § 26. Calumet River, Cook County, Illinois, old chan- until Congress shall have authorized and provided nel. for the enlargement and widening of said canal the said company or corporation, its successors or as- The portion of the old channel of the Calumet signs, shall have the right to control, occupy 'and River in the north quarter of fractional section 7, use the said strip of land and every part thereof in township 37 north, range 15 east, of the third the same manner and to the same extent as before principal meridian, south of the Indian boundary the execution and delivery of the conveyance, and line, in Cook County, Illinois, which lies outside also the right to transfer, lease, sell, quitclaim, or of the new channel lines as established by the United otherwise dispose of said property and every part States and shown on "map of the Calumet River, thereof, subject to the grant made to the United Illinois, from Lake Michigan to Calumet Lake, to ac- States. The charges for the use of said docks and company report of W. G. Ewing, United States at- wharves shall be just and reasonable and shall not torney, to the Attorney General, respecting cession be greater than charges for similar services at other of right of way for improvement of said river, under ports of the United States on the Gulf of Mexico. Act of Congress approved July 5, 1884", is abandoned (June 19, 1906, ch. 3436, § 1, 34 Stat. 302.) as navigable water. (July 5, 1884, ch. 229, 23 Stat. 143; Apr. 21, 1904, ch. 1409, 33 Stat. 239, 240; Feb. WATERS DECLARED NONNAVIGABLE; CHANGE 27, 1915, oh. 68, 38 Stat. 817.) OF NAME § 26a. Same; old channel. § 21. Bayou Cocodrie, Louisiana. The portion of the old channel of the Calumet Bayou Cocodrie, from its source to its junction River in sections eighteen and nineteen, township with Bayou Chicot, in the State of Louisiana, is thirty-seven north, range fifteen east, of the third declared to be not a navigable water of the United principal meridian, in Cook County, Illinois, which States within the meaning of the laws enacted by lies outside of the new channel lines established by the Congress for the preservation and protection of the United States and shown on the map referred such waters. The right to alter, amend, or repeal to in section 26 of this title, and which lies outside this section is hereby expressly reserved. (Feb. 25, of the exterior limits of the turning basin to be es- 1921, ch. 71, §§ 1-2,41 Stat. 1145.) tablished on said Calumet River in said sections, is abandoned as navigable water of the United States § 22. Bayou Meto, Arkansas. from and after the time when the United States !The Bayou Meto, in the State of Arkansas, Is shall have secured title to the land necessary for declared to be a nonnavigable stream within the the establishment of the turning basin at some meaning of the Constitution and laws of the United point, to be approved by the Chief of Engineers, be- States. (Aug. 8, 1917, ch. 49, § 16, 40 Stat. 268.) tween One hundred and thirteenth Street and One hundred and seventeenth Street in the city of Chi- § 23. Bear Creek, Mississippi. cago. (Mar. 4, 1913, oh. 144, 37 f. ,at. 816.) Bear Creek in Humphreys, Leflore, and Sunflower Counties, in the State of Mississippi, is declared to § 26b. Same; Chicago. be a nonnavigable stream within the meaning of the The portion of the Calumet River, in the city of Constitution and the laws of the United States. The Chicago, County of Cook, State of Illinois, lying right of Congress to alter, amend, or- repeal this between the intersections of this river with the two section is hereby expressly reserved. (Mar. 3, 1923, lines described below, is a nonnavigable stream ch. 229, §§ 1-2, 42 Stat. 1442.) within the meaning of the Constitution and laws of the United States: § 24. Big Tarkio River, Missouri. Beginning at a point on the south line of the The Big Tarklo River, in the counties of Holt and north half of section 36, township 37 north, range Atchison, in the State of Missouri, is declared to be 14 east, of the third principal meridian, one thousand not a navigable water of the United States within eight hundred and seventy-three and seven-hun- the meaning of the laws enacted by Congress for dredths feet west of the east line of said section; the preservation and protection of such waters. The thence northwesterly on a straight line to a point right to alter, amend, or repeal this section is hereby three thousand two hundred and eighty feet west Page 2899 TITLE 33.-NAVIGATION AND. NAVIGABLE WATERS of the east line and seven hundred and eighty-five hereafter .be extended. is hereby declared to be a feet south of the north line of said section; and nonnavigable stream. within the meaning of the Beginning at a point five hundred and eighty-five Constitution and laws of the United States. feet east of the west line and seven hundred and The right to alter, amend, or repeal this section thirty-two feet north of the south line of section 31, is hereby expressly reserved. (Aug. 30, 1035, ch., township 37 north, range 15 east, of the third prin- 831, § 10, 49 Stat. 1048.) cipal meridian; thence north forty-six degrees and § 28. Crum River; old channel at mouth, Delaware thirty minutes east along a straight line to the Bay. easterly water's edge of said river. The right to alter, amend, or repeal this section After the channel of the Crum River where the has been is hereby expressly reserved. (June 14, 1937, ch. 338, same empties into the Delaware River §§ 2, 3, 50 Stat. 258, 259.) changed, diverted, and straightened under the au- thority given to Alba B. Johnson and Samuel M. § 27. Chicago River at Chicago, Illinois. Vauclain and the Baldwin Locomotive Works by Act July 27, 1916, chapter 260, the said Crum River, as All of that portion of the West Fork of the South so straightened, shall be a public navigable stream, Branch of the Chicago River in the county of Cook and. the course and channel of the said river, and State of Illinois, extending west from the west as it existed July 27, 1916, from the right-of-way of line of the collateral channel of the sanitary district the Philadelphia and Reading Railway Company of Chicago, in the northwest quarter of section 36, to the low-water line in the Delaware River shall be township 39 north, range 13 east, of the third prin- abandoned and vacated when the above-mentioned cipal meridian, is declared to be a nonnavigable new channel shall have been completed to a depth stream within the meaning of the Constitution and of four feet at mean low water, with a bottom width laws of the United States. The right of Congress of sixty-two feet and width of one hundred feet at to alter, amend, or repeal this provision is hereby mean low-water level: Provided, That the Govern- expressly reserved. ment shall have such right, title, and interest in and The provisions of sections 401 and 403 of this to the bed of said new channel as will assure the title shall not apply to that portion of the west public the right to the perpetual use of said channel arm of the South Fork of the South Branch of the for all the purposes of navigation and commerce. Chicago River, lying between the east line of Ash- (July 27, 1916, ch. 260, § 1, 39 Stat. 393,) land Avenue and the horth line of Thirty-ninth Street, in the city of Chicago, Illinois, as the same § 29. Cuivre River, Missouri. All rights, now exists or may hereafter be extended. Cuivre River, in the counties of Lincoln and Saint Chicago authority, or control over that part of the Charles, in the State of Missouri, being the dividing River possessed or assumed by the United States line, is hereby declared not to be a navigable stream, are hereby relinquished and abandoned, and all and shall be so treated by the Secretary of War and or control over the same that rights, authority, all other authorities. (Mar. 23, 1900, ch. 88, 31 Stat. by the State of Illinois are fully were possessed 50.) restored to said State. As soon as the city of Chicago, or any other gov- § 29a. East River, Wisconsin. ernmental agency or any corporation thereunto duly All of that portion of the East River, in the county authorized by the Secretary of War, shall have con- of Brown, State of Wisconsin, extending from Baird structed, after June 7, 1924, a new channel for the Street, in the city of Green Bay, cast and south is South Branch of the Chicago River between West hereby declared to be a nonnavigable stream within Polk Street and West Nineteenth Street in said city the meaning of the Constitution and Laws of the of Chicago, then, and in that event, so much of the United States of America. The right of Congress to channel of the South Branch of the Chicago River alter, amend, or repeal this section Is hereby ex- as shall be superseded and replaced by said new pressly reserved. (Aug. 30, 1935, ch. 831, § 9, 49 channel in accordance with the permit of the Secre- Stat. 1048.) tary of War shall be discontinued and abandoned. (Jan. 24, 1923, ch. 33, §§ 1-2, 42 Stat. 1171; Feb. 27, § 30. Grand River, Missouri, above Brunswick. 1923, ch. 142, 42 Stat. 1323; June 7, 1924, ch. 337, 43 Stat. 646.) Grand River in the State of Missouri above the city of Brunswick, in the county of Chariton in said § 27a. Same. State, is declared to be not a navigable stream and shall be so treated by the Secretary of War and by the West Fork of the South Branch That portion of all other authorities. (Feb. 15, 1905, ch. 574, 33 Stat. County, Illinois, lying of the Chicago River in Cook 715.) between the west line (produced north) of the Col- lateral Channel of the Sanitary District of Chicago, § 31. Iowa River, Iowa, above Toolsboro. in the northwest quarter of section 36, township 39 north, range 13 east, third principal meridian, and So much of the Iowa River within the State of town of Wapello, and so a line one thousand three hundred feet cast of and Iowa, as lies north of the parallel to the west line of section 30 (section line much of the said river within the State of Iowa, as the town of in South Western Avenue), township 39 north, range lies between the town of Toolsboro and 13 east, third principal meridian, in the city of Wapello, in the county of Louisa, shall not be deemed Chicago, Illinois, as the same now exists or may a navigable river or public highway, but dams and TITLE 33.-NAVIGATION AND NAVIGABLE WATERS Page 2900 bridges may be constructed across it. (R. S. § 5248; the "Kyle and Young Canal" and the "Morrison Aug. 18, 1894, ch. 299, § 1, 28 Stat. 356.) Landing extension" of the same, on the Oklawaha DERIVATION River, in the State of Florida, together with title to Res. July 13, 1880, No. 55, 15 Stat. 257; act May 6, 1870, a strip of land on the east side of said canal of such ch. C2, 16 Stat. 121. width as in the judgment of the Secretary of War may be required for the future widening of said § 32. Lake George, Mississippi. canal and extension by the United States, the said Lake George, In Yazoo County, in the State of canal and extension shall become a free public water- Mississippi. is declared to be not a navigab!e water way of the United States in place of the natural bed of the United States within the meaning of the laws of the river. (July 27, 1916, ch. 260, § 1, 39 Stat. enacted by the Congress for the preservation and 396.) protection of such waters. The right of Congress to alter, amend, or repeal this section is hereby ex- § 39. Ollala Slough, Oregon. pressly reserved. (May 24, 1922, ch, 198, §§ 1-2, 42 All of that portion of Ollala Slough in Lincoln Stat. 552.) County, Oregon, above a point where a line that is one hundred and twenty rods south and running § 33. Little River, Arkansas, from Big Lake to Marked east and west and parallel with the section line be- Tree. tween sections 8 and 17 in township 11 south, range Little River, from Big Lake in Mississippi County 10 west of the Willamette meridian, crosses said to Marked Tree in Poinsett County, Arkansas, is stream, is declared to be a nonnavigable stream. declared to be not a navigable waterway of the (Feb. 26, 1917, ch. 119, 39 Stat. 937.) United States within the meaning of the laws en- acted by Congress for the protection of such water- § 40. One Hundred and Two River, Missouri. ways. (Mar. 2, 1919, ch. 95, § 4, 40 Stat. 1287.) One Hundred and Two River south of the north boundary line of Andrew County, Missouri, § 34. Mill Slough, Oregon. as now located, be, and the same is declared to be not a Mill Slough, a tidal tributary of Coos Bay, lying navigable water of the United States within the within the limits of the city of Marshfield, State of meaning of the laws enacted by Congress for the Oregon, is declared to be not a navigable waterway preservation and protection of such waters. The of the United States, within the meaning of the right to alter, amend, or repeal this section is hereby laws enacted bj Congress for the preservation and expressly reserved. (Feb. 15, 1910, ch. 31, §§ 1, 2, 36 protection of such waterways, and the consent of Stat. 194.) Congress is given to the filling in of said slough by the said city of Marshfield. (Oct. 23, 1913, ch. 33. § 41. Osage River, Missouri. 38 Stat. 233.) The Osage River in the State of Missouri above §35. Mississippi River, West Channel, opposite La the point where the south line of sections 15 and 16 Crosse, Wisconsin. in township 40 north, of range 22 west, of the fifth The branch of the Mississippi River flowing between principal meridian, and in the county of Benton, Grand Island and the mainland opposite the city State of Missouri, crosses said river, is declared not of La Crosse, State of Wisconsin, and known as the to be a navigable stream, and shall be so treated by West Channel, is declared unnavigable, and the said the Secretary of War and by all other authorities. city of La Crosse is relieved of the necessity of main- (Mar. 4, 1904, ch. 393, 33 Stat. 58.) taining a draw or pontoon bridge over said West § 42. Platte River, Missouri. Channel. (Feb. 23, 1901, ch. 470, 31 Stat. 804.) The Platte River in the State of Missouri is de- § 36. Mosquito Creek, South Carolina. clared to be a nonnavigable stream within the mean- Mosquito Creek, in Colleton County, South Caro- ing of the Constitution and laws of the United lina, is declared to be a nonnavigable stream within States, and jurisdiction over said river is hereby the meaning of the Constitution and laws of the declared to be vested in the State of Missouri. The United States. (Aug. 8, 1917, ch. 49, § 15, 40 Stat. right of Congress to alter, amend, or repeal this 268.) section is hereby expressly reserved. (Feb. 16, 1921, ch. 62, §§ 1. 2, 41 Stat. 1105.) § 37. Nodaway River, Missouri. Nodaway River, in the counties of Andrew, Holt, § 43. Saint Marys River, Ohio and Indiana. and Nodaway, in the State of Missouri, is declared Saint Marys River, Ohio and Indiana, L declared to be not a navigable water of the United States to be a nonnavigable stream within the meaning of within the meaning of the laws enacted by Congress the Constitution and laws of the United for the preservation and protection of such waters. States. (Aug. 8, 1917, ch. 49, § 17, 40 Stat. 268.) The right to alter, amend, or repeal this section is hereby expressly reserved. (Feb. 15, 1910, ch. 32, § 44. Sturgeon Bay, Illinois. §§ 1-2, 36 Stat. 194.) So much of the west fork of Sturgeon Bay within § 38. Oklawaha River, Florida; Kyle and Young Canal the county of Mercer and State of Illinois as lies and "Morrison Landing extension" substituted. west of the line between the east half and the west Upon the conveyance to the United States, free of half of the east half of section 25, In township 14 cost, title to the land occupied by what is known as north, range 6 west of the fourth principal meridian, Page 2901 TITLE 33.-NAVIGATION AND NAVIGABLE WATERS and so much of the east fork of said Sturgeon Bay The right of Congress to alter, amend, or repeal as lies north of the north line of section 30, in town- this section Is hereby expressly reserved. (Mar. 10, ship 14 north, range 5 west of the fourth principal 1937, ch. 30, §§ 1-3, 50 Stat. 28.) meridian, shall not be deemed navigable waters of the United States. (Feb. 7, 1907, No. 13, 34 Stat. § 51. Scajaquada Creek, New York. 1421.) Scajaquada Creek, Erie County, New York, is hereby declared to be non-navigable east of a line § 45. Swan Creek, Toledo, Ohio. one hundred and thirty feet west of the west line Swan Creek, a stream lying within the limits of of Niagara Street, city of Buffalo, county of Erie, the city of Toledo, State of Ohio, Is declared to be not New York, within the meaning of the Constitution a navigable waterway of the United States within and laws of the United States. the meani~ig of the laws enacted by Congress for The right to alter, amend, or repeal this section is the preservation and protection of such waterways, hereby expressly reserved. (May 14, 1937, ch. 183, and the consent of Congress is hereby given for the §§ 1, 2, 50 Stat. 165.) filling in of said creek by the local authorities. (Mar. 4, 1915, ch. 142, ; 13, 38 Stat. 1055.) § 52. Park River, Connecticut. § 46. Tchula Lake, Mississippi. The Park River, a minor tributary of the Con- necticut River, located in Hartford County, Con- Tchula Lake, in Holmes County, in the State of necticut, is hereby declared to be a nonnavigable Is declared to be a nonnavigable stream Mississippi, waterway within the meaning of the Constitution meaning of the Constitution and laws of within the and laws of the United States of America. States. The right of Congress to alter, the United The right of Congress to alter, amend, or repeal amend, or repeal this section is hereby expressly re- this section is hereby expressly reserved. (May 24, served. (July 1, 1922, ch. 266, §1 1, 2, 42 Stat. 816.) 1937, ch. 246, §§ 1, 2, 50 Stat. 201.) § 47. Eagle Lake, Louisiana-Mississippi. § 53. Benton Harbor Canal, Michigan. Eagle Lake, which lies partly within the limits of the State of Mississippi, In Warren County, and The Benton Harbor Canal at and above the west partly within the limits of the State of Louisiana, In line of Ninth Street, in the city of Benton Harbor Madison Parish, Is hereby declared to be a non- and State of Michigan, Is hereby declared to be not navigable stream within the meaning of the Con- a navigable water of the United States within the stitution and laws of the United States, The right meaning of the Constitution and laws of the United to alter, amend, or repeal this section Is hereby ex- States. The right to alter, amend, or repeal this pressly reserved. (June 2, 1926, ch. 445, §§ 1, 2, 44 section is hereby expressly reserved. (June 2, 1937, Stat. 681.) ch. 288, §§ 1-3, 50 Stat. 243.)

§ 48. Noxubee River, Mississippi. § 54. Burr Creek, Bridgeport, Connecticut. That portion of the Noxubee River in Noxubee That portion of Burr Creek in the city of Bridge- County, In the State of Mississippi is declared to be port, Connecticut, lying north of a line across the a nonnavigable stream within the meaning of the creek beginning at the point of intersection of the Constitution and laws of the United States. The south side of Yacht Street extended and trti west right of Congress to amend or repeal this section is harbor line of the harbor lines established by the hereby expressly reserved. (Feb. 24, 1934, ch. 25, Secretary of War December 9, 1924, thence south §§ 1, 2, 48 Stat. 356.) eighty-five degrees forty-six minutes seventeen sec- onds east to the east harbor line of said creek, is § 49. Bayou Saint John in New Orleans. hereby declared to be not a navigable water of the Bayou Saint John, in the city of New Orleans, United States within the meaning of the Constitu- Louisiana, Is hereby declared to be not a navigable tion and laws of the United States. water of the United States within the meaning of Any project heretofore authorized by any Act of the laws enacted by Congress for the preservation Congress, insofar as such project relates to the and protection of such waters. above described portion of Burr Creek In the city The right to alter, amend, or repeal this section of Bridgeport, Connecticut, is hereby abandoned. is hereby expressly reserved. (June 5, 1936, ch. 530, The right to alter, amend, or repeal this section §§ 1, 2, 49 Stat. 1,184.) Is hereby expressly reserved. (Aug. 12, 1937, ch. 607, §§ 1-3, 50 Stat. 632.) § 50. Turtle Bay and Turtle Bayou, Texas. Turtle Bay and Turtle Bayou, In Chambers County, §55. Bayou Savage (or Chantilly) in New Orleans. in the State of Texas, be, and the same are hereby, Bayou Savage, also styled Bayou Chantilly, In the declared to be nonnavigable waterways within the city of New Orleans, Louisiana, is hereby declared meaning of the Constitution and laws of the United to be a nonnavigable waterway within the meaning States of America. of the Constitution and laws of the United States. for Turtle Bayou, Texas, au- The existing project The right to alter, amend, or repeal this section thorized by the Rivers and Harbors Act approved is hereby expressly reserved. (Aug. 16. 1937. oh. June 25, 1910 (Act June 25, 1910, ch. 382, 36 Stat. 650, §§ 1, 2. 50 Stat. 649.) 630), be, and the same is hereby, abandoned. TITLE 33.-NAVIGATION AND NAT'IGABLE WATERS Page 2902

Chapter 2.-INTERNATIONAL RULES FOR NAVI- the United States, nor to the Great Lakes and their GATION AT SEA connecting and tributary waters as far east as Mont- PRELIMINARY real, nor to the Red River of the North and rivers Bee. emptying into the Gulf of Mexico and their tribu- ill. Adoption of rules for navigation on high seas. taries, in so far as special rules are adopted~in pur- 62. "Sailing vessel," "steam vessel," and "under way" suance of article 30. (Aug. 19, 1890, ch. 802, § 1, 26 defined. 63. "Visible" as applied to lights defined. Stat. 320; Feb. 19, 1895, ch. 102, 28 Stat. 672; June 7, 1897, ch. 4, § 1, 30 Stat. 96.) RULES CONCERNING LIGHTS, ETC. 71. Time for lights; prescribed lights exclusive. §62. "Sailing vessel," "steam vessel," and "under 72. Lights of steam vessel under way. way" defined. 73. Lights of vessel towing another vessel or vessels In the following rules every steam vessel which Is 74. Lights and day signals of vessel not under control and of telegraph cable vessel. under sail and not under steam is to be considered a 75. Lights of sailing vessel under way and of vessel sailing vessel, and every vessel under steam, whether in tow. under sail or not, is to be considered a steam vessel, 76. Lights of small vessel under way in bad weather. The word "steam vessel" shall 77. Substitute lights for Include any vessel small vessel and rowing boats, propelled 78. Lights of pilot vessel on and off duty; steam pilot by machinery. vessel. A vessel is "under way" within the meaning of 79. Lights and day signals of fishing vessels and boats. these rules when she is not at anchor, or made fast 80. Lights on overtaken vessel. to the shore, or aground, (Aug. 19, 1890, ch. 802, 81. Lights on vessel at anchor or aground. § 1, 82. Additional lights and signals when necessary au- 26 Stat. 320.) thorized. 83. Special lights for ship of war and convoy; recogni- § 63. "Visible" as applied to lights defined. tion signals adopted by shipowners, The word "visible" in these rules 84. Day signal of steam vessel under sail. when applied to lights shall mean visible on a dark night with a clear SOUND SIGNALS FOR FOG, ETC.; SPEED atmosphere. (Aug. 19, 1890, ch. 802, § 1, 26 Stat. 321.) 01. Sound signals for fog, etc., generally. 92. Speed in fog, etc. RULES CONCERNING LIGHTS, ETC. STEERING AND SAILING RULES §71. Time for lights; prescribed lights exclusive 101. Suggestion for ascertainment of risk of collision. (article 1). 102. Sailing vessels approaching one another. The rules 103. Steam vessels meeting end on. concerning lights shall be complied with 104. Steam vessels crossing. In all weathers from sunset to sunrise, and during 105. Steam and sailing vessels meeting. such time no other lights which may be mistaken 101. Vessel having iight-of-way to keep course. for the prescribed lights shall be exhibited. (Aug. 107. Crossing ahead of vessel having right-of-way. 108. Duty of steam vesel to slacken speed. 19, 1890, ch. 802, § 1, 26 Stat. 321.) 109. Overtaking vessel to keep out of the way; definition of "overtaking vessel." § 72. Lights of steam vessel under way (article 2). 110. Steam vessel in narrow channel. 111 Right-of-way of fishing vessels or boats; obstruction A steam vessel when under way shall carry-(a) of fairway. On or in front of the foremast, or if a vessel without 112. Special circumstances requiring departure from rules. a foremast, then in the fore part of the vessel, at 113. Sound signals of steam vessel indicating course. a height above the hull of not less than twenty feet, NO VESSEL, UNDER ANY CIRCUMSTANCES, TO and if the breadth of the vessel exceeds twenty feet, NEGLECT PROPER PRECAUTIONS then at a height above the hull not less than such 121. Additional precautions required generally. breadth, so, however, that the light need not be car- RESERVATION OF RULES FOR HARBORS AND INLAND ried at a greater height above the hull than forty NAVIGATION feet, a bright white light, so constructed as to show 131. Local rules for harbors and inland waters. an unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw DISTRESS SIGNALS the light ten points on each side of the vessel, 141. Distress signals in daytime and at night. namely, from right ahead to two points abaft the ORDERS beam on either side, and of such a character as to 142. Orders to helmsmen. be visible at a distance of at least five miles.

CROSS REFERENCE (b) On the starboard side a green light so con- Lights and sound signal devices on motor boats, and structed as to show an unbroken light over an are sailing and steering rules relating thereto, see sections of the horizon of ten points of the compass, so fixed 513, 514, and 520, of Title 40, Shipping. as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a PRELIMINARY character as to be visible at a distance of at least § 61. Adoption of rules for navigation on high seas. two mile. The following regulations for preventing collisions (c) On the port side a red light so constructed as at sea shall be followed by all public and private ves- to show an unbroken hght over an arc of the horizon sels of the United States upon the high seas and in of ten points of the compass, so fixed as to throw the all waters connected therewith, navigable by sea- light from right ahead to two points abaft the beam going vessels: Provided, That such regulations shall on the port side, and of such a character as to be not apply to the harbors, rivers and inland waters of visible at a distance of at least two miles.