§ 602. — Maintenance of channel of South Pass of Mississippi River.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC602]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER IV--PARTICULAR WORK OR IMPROVEMENTS
Sec. 602. Maintenance of channel of South Pass of Mississippi
River
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. 860, Secs. 1, 4, 25 Stat. 422, 424; June 6, 1900,
ch. 790, Sec. 3, 31 Stat. 584; June 13, 1902, ch. 1079, Sec. 1, 32 Stat.
340; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Aug.
30, 1954, ch. 1076, Sec. 1(15), 68 Stat. 967.)
Codification
Except for the last sentence, the first paragraph of this section
was from a part of section 3 of act June 6, 1900. 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 June 13, 1902. 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 second paragraph of this section was from section 4 of act Aug.
11, 1888. In the original text, following the words ``Mississippi
river,'' the following words appeared: ``As provided for in the Act of
Mar. third, eighteen hundred and seventy-five.''
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 June 13, 1902.
Act Mar. 3, 1875, ch. 134, mentioned in the original text, provided
in section 4 et seq., 18 Stat. 463 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 Aug. 11, 1888, with regard to
examinations and surveys at the South Pass, remained in force
notwithstanding the termination of said contract, by a provision of act
June 13, 1902.
Amendments
1954--Act Aug. 30, 1954, 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.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, 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
Section 2 of act June 26, 1934, ch. 756, 48 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 July 1, 1935, 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.
