Upon the termination of the contract entered into with the late James B. Eads for the maintenance of the channel through the South Pass of the Mississippi River, the Secretary of the Army is directed to take charge of said channel, including the jetties, and all auxiliary works connected therewith, and thereafter to maintain with the utmost efficiency said South Pass Channel; and for that purpose he is authorized to draw his warrants from time to time on the Treasurer of the United States, until otherwise provided for by law, for such sums of money as may be necessary, not to exceed in the aggregate for any one year $100,000. For that purpose any available Government dredge may be used.
For the purpose of securing the uninterrupted examinations and surveys of the South Pass of the Mississippi River, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $10,000.
Aug. 11, 1888, ch. 86025 Stat. 422June 6, 1900, ch. 790, § 331 Stat. 584June 13, 1902, ch. 1079, § 132 Stat. 340July 26, 1947, ch. 34361 Stat. 501Aug. 30, 1954, ch. 1076, § 1(15)68 Stat. 967(, §§ 1, 4, , 424; , ; , ; , title II, § 205(a), ; , .)
Editorial Notes
Codification
Except for the last sentence, the first paragraph of this section was from a part of section 3 of act . The omitted portion of the original text authorized the Secretary of War, in his discretion, to terminate the contract with James B. Eads and provided that the Secretary of War should take charge of the channel “in case of the termination of said contract, by virtue of the provisions hereof or by expiration of said contract.”
The last sentence of the first paragraph of this section was from a provision of section 1 of act . Further provisions of the original text, for the purchase of lands and buildings on either side of the South Pass, were temporary merely and are omitted. The original text provided for the use of “the dredge boat Beta, or any other available government dredge.”
The words “the sum of $10,000,” are substituted for “the amount appropriated in this act for such purpose.” $10,000 was the amount appropriated for such purpose by section 1 of act .
Act Mar. 3, 1875, ch. 13418 Stat. 463, mentioned in the original text, provided in section 4 et seq., to 466, for a contract with James B. Eads and others to construct jetties, etc., to maintain the channel at the South Pass.
The provisions of that act and of act , with regard to examinations and surveys at the South Pass, remained in force notwithstanding the termination of said contract, by a provision of act .
Amendments
1954—Act , repealed proviso requiring that an itemized statement of expenses incurred for maintenance of the channel through, and securing uninterrupted examinations and surveys of, the South Pass of the Mississippi River, as provided in this section, should accompany the annual report of the Chief of Engineers.
Statutory Notes and Related Subsidiaries
Change of Name
act July 26, 1947, ch. 343, title II61 Stat. 501act Aug. 10, 1956, ch. 104170A Stat. 641Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of , . Section 205(a) of act , was repealed by section 53 of , . Section 1 of act , enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Appropriations
Act June 26, 1934, ch. 756, § 248 Stat. 1225, , which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the titles “Maintenance of channel, South Pass, Mississippi River (fiscal year) (8–961.55)” and “Examinations and surveys at South Pass, Mississippi River (fiscal year) (8–961.53)” effective , and provided that such portions of any Acts as make permanent appropriations to be expended under such accounts are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations.