modifications are necessary to make the reconstructed work conform to similar works previously authorized by Congress and forming a part of the same improvement, and that such modifications shall be considered and approved by the Board of Engineers for Rivers and Harbors and be recommended by the Chief of Engineers before the work of reconstruction is commenced: And provided further, That nothing contained in this section shall be held to apply to the Panama Canal. (July 5, 1884, ch. 229, § 4, 23 Stat. 147; Mar. 3, 1909, ch. 264, § 6, 35 Stat. 818; Aug. 30, 1954, ch. 1076, § 1 (15), 68 Stat. 967.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205 (a), 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 Section 205 (a) of act July 26, 1947 was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

AMENDMENTS

1954-Act Aug. 30, 1954, repealed what was then the next to the last proviso requiring that an itemized statement of expenses incurred in operating, maintaining, keeping in repair, and reconstructing locks, canals, etc., other than the Panama Canal, as provided in this section, should accompany the annual report of the Chief of Engineers.

REPEAL OF PERMANENT APPROPRIATION

Effective July 1, 1935, the permanent appropriation provided for in this section was repealed by section 725a of Title 31, Money and Finance, authorizing, in lieu thereof, an annual appropriation from the general fund of the Treasury.

§ 6. Free passage to harbor of Michigan City, Indiana. The passage of vessels to and from the harbor of Michigan City, in Indiana, shall be free and not subject to toll or charge. (R. S. § 5247.)

DERIVATION

Acts June 23, 1866, ch. 138, § 1, 14 Stat. 73; Mar. 2, 1867, ch. 144, § 2, 14 Stat. 421.

§ 7. Use of Government iron pier in Delaware Bay. The Government iron pier in Delaware Bay near Lewes, Delaware, shall be open to public use under regulations to be prescribed by the Secretary of the Army. (July 27, 1916, ch. 260, § 1, 39 Stat. 394.) CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205 (a), 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

§ 8. Toll-free rivers in Alabama.

The Tennessee, Coosa, Cahawba, and Black Warrior Rivers, within the State of Alabama, shall be forever free from toll for all property belonging to the United States, and for all persons in their service, and for all citizens of the United States, except as to such tolls as may be allowed by Act of Congress. (R. S. § 5244.)

DERIVATION

Act May 23, 1828, ch. 75, § 7, 4 Stat. 290.

§ 9. Des Moines River as toll-free.

The Des Moines River shall forever remain free from any toll, or other charge whatever, for any property of the United States, or persons in their service, passing along the same. (R. S. § 5246.)

DERIVATION

Acts Aug. 8, 1846, ch. 103, § 3, 9 Stat. 78; Jan. 20, 1870. ch. 7, 16 Stat. 61.

§ 10. Waters in Louisiana Purchase as public high

ways.

All the navigable rivers and waters in the former Territories of Orleans and Louisiana shall be and forever remain public highways. (R. S. § 5251.) DERIVATION

Act Mar. 3, 1811, ch. 46, § 12, 2 Stat. 606.
CROSS REFERENCES

Bayou Cocodrie, Louisiana, declared nonnavigable, see section 21 of this title.

§ 11. Authority for compact between Middle Northwest States as to jurisdiction of offenses committed on boundary waters.

The consent of the Congress is given to the States of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or more of them, by such agreement or compact as they may deem desirable or necessary, or as may be evidenced by legislative acts enacted by any two or more of said States, not in conflict with the Constitution of the United States or any law thereof, to determine and settle the jurisdiction to be exercised by said States, respectively, over offenses arising out of the violation of the laws of any of said States upon any of the waters forming the boundary lines between any two or more of said States, or waters through which such boundary line extends, and that the consent of the Congress be, and the same is, given to the concurrent jurisdiction agreed to by the States of Minnesota and South Dakota, as evidenced by the act of the Legislature of the State of Minnesota approved April 20, 1917, and the act of the Legislature of the State of South Dakota approved February 13, 1917. (Mar. 4, 1921, ch. 176, 41 Stat. 1447.)

§ 12. Port Arthur Ship Canal.

After there shall be conveyed to the United States. free of cost, a valid title to the line of water communication between Taylors Bayou and Sabine Pass, in the State of Texas, known as the Port Arthur Ship Canal, together with a valid title to the turning basin as existing June 19, 1906, and to the artificial slip on which the lumber dock of the Port Arthur Canal and Dock Company is built, the said waterways shall thereupon become free public waters of the United States, and be subject to the laws enacted by Congress for the maintenance, preservation, protection, and regulation of navigable waters: Provided, That the company or corporation conveying title to said canal as aforesaid shall also convey to the United States, free of cost, the fee to a strip of land one hundred and fifty feet wide along the westerly margin of the canal, except that where the right of way of the Southern Pacific Railroad

Company prevents the transfer of such strip of land along the westerly margin of said canal there shall be conveyed such strip on the easterly margin thereof as may be necessary to make up such one hundred and fifty feet of width, with the reservation that until Congress shall have authorized and provided for the enlargement and widening of said canal the said company or corporation, its successors or assigns, shall have the right to control, occupy, and use the said strip of land and every part thereof in the same manner and to the same extent as before the execution and delivery of the conveyance, and also the right to transfer, lease, sell, quitclaim, or otherwise dispose of said property and every part thereof, subject to the grant made to the United States. The charges for the use of said docks and wharves shall be just and reasonable and shall not be greater than charges for similar services at other ports of the United States on the Gulf of Mexico. (June 19, 1906, ch. 3436, § 1, 34 Stat. 302.)

WATERS DECLARED NONNAVIGABLE; CHANGE

OF NAME

§ 21. Bayou Cocodrie, Louisiana.

Bayou Cocodrie, from its source to its junction with Bayou Chicot, in the State of Louisiana, is declared to be not a navigable water of the United States within the meaning of the laws enacted by the Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. (Feb. 25, 1921, ch. 71, §§ 1-2, 41 Stat. 1145.)

§ 22. Bayou Meto, Arkansas.

The Bayou Meto, in the State of Arkansas, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. (Aug. 8, 1917, ch. 49, § 16, 40 Stat. 268.) § 23. Bear Creek, Mississippi.

Bear Creek in Humphreys, Leflore, and Sunflower Counties, in the State of Mississippi, is declared to be a nonnavigable stream within the meaning of the Constitution and the laws of the United States. The right of Congress to alter, amend, or repeal this section is expressly reserved. (Mar. 3, 1923, ch. 229, §§ 1-2, 42 Stat. 1442.)

§ 24. Big Tarkio River, Missouri.

The Big Tarkio River, in the counties of Holt and Atchison, in the State of Missouri, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. (Feb. 15, 1910, ch. 33, §§ 1, 2, 36 Stat. 194.)

§ 25. Cache River, Arkansas.

The Cache River in the State of Arkansas is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. This provision shall become void after one year from July 27, 1916, unless within said period the Legislature of Arkansas shall pass an act expressly approving this declaration. The right of the Con47-500 0-71-vol. 8 5

gress to alter, amend, or repeal this section is expressly reserved. (July 27, 1916, ch. 260, § 1, 39 Stat. 399.)

§ 26. Calumet River, Cook County, Illinois, old channel.

The portion of the old channel of the Calumet River in the north quarter of fractional section 7, township 37 north, range 15 east, of the third principal meridian, south of the Indian boundary line, in Cook County, Illinois, which lies outside of the new channel lines as established by the United States and shown on "map of the Calumet River, Illinois, from Lake Michigan to Calumet Lake, to accompany report of W. G. Ewing, United States attorney, to the Attorney General, respecting cession of right of way for improvement of said river, under Act of Congress approved July 5, 1884", is abandoned as navigable water. (July 5, 1884, ch. 229, 23 Stat. 143; Apr. 21, 1904, ch. 1409, 33 Stat. 239, 240; Feb. 27, 1915, ch. 68, 38 Stat. 817.)

REFERENCES IN TEXT

Act of Congress approved July 5, 1884, referred to in text, is the rivers and harbors appropriation act which made an appropriation for continuing improvement of Calumet River, Illinois, and provided that no part thereof should be expended until the right of way should have been conveyed to the United States, free from expense, and the United States released from liability to adjacent property owners, to the satisfaction of the Secretary of War.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 26a of this title. § 26a. Same; old channel.

The portion of the old channel of the Calumet River in sections eighteen and nineteen, township thirty-seven north, range fifteen east, of the third principal meridian, in Cook County, Illinois, which lies outside of the new channel lines established by the United States and shown on the map referred to in section 26 of this title, and which lies outside of the exterior limits of the turning basin to be established on said Calumet River in said sections, is abandoned as navigable water of the United States from and after the time when the United States shall have secured title to the land necessary for the establishment of the turning basin at some point, to be approved by the Chief of Engineers, between One hundred and thirteenth Street and One hundred and seventeenth Street in the city of Chicago. (Mar. 4, 1913, ch. 144, 37 Stat. 816.)

§ 26b. Same; Chicago.

The portion of the Calumet River, in the city of Chicago, County of Cook, State of Illinois, lying between the intersections of this river with the two lines described below, is a nonnavigable stream within the meaning of the Constitution and laws of the United States:

Beginning at a point on the south line of the north half of section 36, township 37 north, range 14 east, of the third principal meridian, one thousand eight hundred and seventy-three and seven-hundredths feet west of the east line of said section; thence northwesterly on a straight line to a point three thousand two hundred and eighty feet west of the east line and seven hundred and eighty-five feet south of the north line of said section; and

Beginning at a point five hundred and eighty-five feet east of the west line and seven hundred and thirty-two feet north of the south line of section 31, township 37 north, range 15 east, of the third principal meridian; thence north forty-six degrees and thirty minutes east along a straight line to the easterly water's edge of said river.

The right to alter, amend, or repeal this section is expressly reserved. (June 14, 1937, ch. 338, §§ 2, 3,

50 Stat. 258, 259.)

§ 27. Chicago River at Chicago, Illinois.

All of that portion of the West Fork of the South Branch of the Chicago River in the county of Cook and State of Illinois, extending west from the west line of the collateral channel of the sanitary district of Chicago, in the northwest quarter of section 36, township 39 north, range 13 east, of the third principal meridian, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to alter, amend, or repeal this provision is expressly reserved.

The provisions of sections 401 and 403 of this title shall not apply to that portion of the west arm of the South Fork of the South Branch of the Chicago River, lying between the east line of Ashland Avenue and the north line of Thirty-ninth Street, in the city of Chicago, Illinois, as the same now exists or may hereafter be extended. All rights, authority, or control over that part of the Chicago River possessed or assumed by the United States are relinquished and abandoned, and all rights, authority, or control over the same that were possessed by the State of Illinois are fully restored to said State.

As soon as the city of Chicago, or any other governmental agency or any corporation thereunto dulv authorized by the Secretary of the Army, shall have constructed, after June 7, 1924, a new channel for the South Branch of the Chicago River between West Polk Street and West Nineteenth Street in said city of Chicago, then, and in that event, so much of the channel of the South Branch of the Chicago River as shall be superseded and replaced by said new channel in accordance with the permit of the Secretary of the Army shall be discontinued and abandoned. (Jan. 24, 1923, ch. 33, §§ 1-2, 42 Stat. 1171; Feb. 27, 1923, ch. 142, 42 Stat. 1323; June 7, 1924, ch. 337, 43 Stat. 646.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205 (a), 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

§ 27a. Same.

That portion of the West Fork of the South Branch of the Chicago River in Cook County, Illinois, lying between the west line (produced north) of the Collateral Channel of the Sanitary District of Chicago, in the northwest quarter of section 36, township 39 north, range 13 east, third principal meridian, and

a line one thousand three hundred feet east of and parallel to the west line of section 30 (section line in South Western Avenue), township 39 north, range 13 east, third principal meridian, in the city of Chicago, Illinois, as the same now exists or may hereafter be extended, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States.

The right to alter, amend, or repeal this section is expressly reserved. (Aug. 30, 1935, ch. 831, § 10, 49 Stat. 1048.)

§ 27b. Same.

The portion of the west arm of the South Fork of the South Branch of the Chicago River, as established by the ordinance of the city of Chicago on July 17, 1911, in the southwest quarter of section 32, township 39 north, range 14 east of the third principal meridian, in the city of Chicago, county of Cook, State of Illinois, lying westerly of a straight line drawn from a noint in south dock line of the said west arm 203.94 feet westerly of the point of intersection of the south dock line of the said west arm with the west dock line of the east arm of the South Fork of the South Branch of the Chicago River as established by said city of Chicago ordinance of July 17, 1911, measured along the south dock line of said west arm, thence to a point in the north dock line of the said west arm said point being 278 feet westerly of the intersection of the north dock line of the said west arm with the west dock line of the South Fork of the South Branch of the Chicago River as established by said city of Chicago ordinance of July 17, 1911, measured along the north dock line of said west arm of the South Fork of the South Branch of the Chicago River, is declared to be and is on and after September 1, 1959 to be regarded as a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States: Provided, That plans for a suitable bulkhead to retain any fill to be placed in the waterway shall be submitted to and approved by the Corps of Engineers, United States Army, prior to the placing of such fill. (Pub. L. 86-218, Sept. 1, 1959, 73 Stat. 448.)

§ 28. Crum River; old channel at mouth, Delaware Bay.

After the channel of the Crum River where the same empties into the Delaware River has been changed, diverted, and straightened under the authority given to Alba B. Johnson and Samuel M. Vauclain and the Baldwin Locomotive Works by Act July 27, 1916, chapter 260, the said Crum River, as so straightened, shall be a public navigable stream, and the course and channel of the said river, as it existed July 27, 1916, from the right-of-way of the Philadelphia and Reading Railway Company to the low-water line in the Delaware River shall be abandoned and vacated when the above-mentioned new channel shall have been completed to a depth of four feet at mean low water, with a bottom width of sixty-two feet and width of one hundred feet at mean low-water level: Provided, That the Government shall have such right, title, and interest in and to the bed of said new channel as will assure the

public the right to the perpetual use of said channel for all the purposes of navigation and commerce. (July 27, 1916, ch. 260, § 1, 39 Stat. 393.)

REFERENCES IN TEXT

Act July 27, 1916, chapter 260, referred to in text, is act July 27, 1916, ch. 260, 39 Stat. 393, which has been classified, in part, to this section, and to sections 7, 25, 38, 424, and 648-650 of this title.

CODIFICATION

This section is from a provision of section 1 of the Rivers and Harbors Appropriation Act of 1916.

The portion of that section authorizing the changing, diverting, and straightening of the channel of the river has been omitted as temporary and executed.

§ 29. Cuivre River, Missouri.

Cuivre River, in the counties of Lincoln and Saint Charles, in the State of Missouri, being the dividing line, is declared not to be a navigable stream, and shall be so treated by the Secretary of the Army and all other authorities. (Mar. 23, 1900, ch. 88, 31 Stat. 50.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205 (a), 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

§ 29a. East River, Wisconsin.

All of that portion of the East River, in the county of Brown, State of Wisconsin, extending from Baird Street, in the city of Green Bay, east and south is declared to be a nonnavigable stream within the meaning of the Constitution and Laws of the United States of America. The right of Congress to alter, amend, or repeal this section is expressly reserved. (Aug. 30, 1935, ch. 831, § 9, 49 Stat. 1048.)

§ 30. Grand River, Missouri, above Brunswick.

Grand River in the State of Missouri above the city of Brunswick, in the county of Chariton in said State, is declared to be not a navigable stream and shall be so treated by the Secretary of the Army and by all other authorities. (Feb. 15, 1905, ch. 574, 33 Stat. 715.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205 (a), 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

§ 31. Iowa River, Iowa, above Toolsboro.

So much of the Iowa River within the State of Iowa, as lies north of the town of Wapello, and so much of the said river within the State of Iowa, as lies between the town of Toolsboro and the town of Wapello, in the county of Louisa, shall not be deemed a navigable river or public highway, but dams and bridges may be constructed across it. (R. S. § 5248; Aug. 18, 1894, ch. 299, § 1, 28 Stat. 356.)

DERIVATION Res. July 13, 1868, No. 55, 15 Stat. 257; act May 6, 1870. ch. 92, 16 Stat. 121.

§ 32. Lake George, Mississippi.

Lake George, in Yazoo County, in the State of Mississippi, is declared to be not a navigable water of the United States within the meaning of the laws enacted by the Congress for the preservation and protection of such waters. The right of Congress to alter, amend, or repeal this section is expressly reserved. (May 24, 1922, ch. 198, §§ 1-2, 42 Stat. 552.)

§ 33. Little River, Arkansas, from Big Lake to Marked Tree.

Little River, from Big Lake in Mississippi County to Marked Tree in Poinsett County, Arkansas, is declared to be not a navigable waterway of the United States within the meaning of the laws enacted by Congress for the protection of such waterways. (Mar. 2, 1919, ch. 95, § 4, 40 Stat. 1287.)

§ 34. Mill Slough, Oregon.

Mill Slough, a tidal tributary of Coos Bay, lying within the limits of the city of Marshfield, State of Oregon, is declared to be not a navigable waterway of the United States, within the meaning of the laws enacted by Congress for the preservation and protection of such waterways, and the consent of Congress is given to the filling in of said slough by the said city of Marshfield. (Oct. 23, 1913, ch. 33, 38 Stat. 233.)

§ 35. Mississippi River, West Channel, opposite La Crosse, Wisconsin.

The branch of the Mississippi River flowing between Grand Island and the mainland opposite the city of La Crosse, State of Wisconsin, and known as the West Channel, is declared unnavigable, and the said city of La Crosse is relieved of the necessity of maintaining a draw or pontoon bridge over said West Channel. (Feb. 23, 1901, ch. 470, 31 Stat. 804.) § 36. Mosquito Creek, South Carolina.

Mosquito Creek, in Colleton County, South Carolina, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. (Aug. 8, 1917, ch. 49, § 15, 40 Stat. 268.)

§ 37. Nodaway River, Missouri.

Nodaway River, in the counties of Andrew, Holt, and Nodaway, in the State of Missouri, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. (Feb. 15, 1910, ch. 32, §§ 1-2, 36 Stat. 194.)

§ 38. Oklawaha River, Florida; Kyle and Young Canal and "Morrison Landing extension" substituted. Upon the conveyance to the United States, free of cost, title to the land occupied by what is known as the "Kyle and Young Canal" and the "Morrison Landing extension" of the same, on the Oklawaha River, in the State of Florida, together with title to a strip of land on the east side of said canal of such

width as in the judgment of the Secretary of the Army may be required for the future widening of said canal and extension by the United States, the said canal and extension shall become a free public waterway of the United States in place of the natural bed of the river. (July 27, 1916, ch. 260, § 1, 39 Stat. 396.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205 (a), 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

§ 39. Ollala Slough, Oregon.

All of that portion of Ollala Slough in Lincoln County, Oregon, above a point where a line that is one hundred and twenty rods south and running east and west and parallel with the section line between sections 8 and 17 in township 11 south, range 10 west of the Willamette meridian, crosses said stream, is declared to be a nonnavigable stream. (Feb. 26, 1917, ch. 119, 39 Stat. 937.)

§ 40. One Hundred and Two River, Missouri.

One Hundred and Two River south of the north boundary line of Andrew County, Missouri, as now located, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. (Feb. 15, 1910, ch. 31, §§ 1, 2, 36 Stat. 194.)

§ 41. Osage River, Missouri.

The Osage River in the State of Missouri above the point where the south line of sections 15 and 16 in township 40 north, of range 22 west, of the fifth principal meridian, and in the county of Benton, State of Missouri, crosses said river, is declared not to be a navigable stream, and shall be so treated by the Secretary of the Army and by all other authorities. (Mar. 4, 1904, ch. 393, 33 Stat. 58.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, § 205 (a), 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

§ 42. Platte River, Missouri.

The Platte River in the State of Missouri is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States, and jurisdiction over said river is declared to be vested in the State of Missouri. The right of Congress to alter, amend, or repeal this section is expressly reserved. (Feb. 16, 1921, ch. 62, §§ 1, 2, 41 Stat. 1105.)

§ 43. Saint Marys River, Ohio and Indiana.

Saint Marys River, Ohio and Indiana, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. (Aug. 8, 1917, ch. 49, § 17, 40 Stat. 268.)

§ 44. Sturgeon Bay, Illinois.

So much of the west fork of Sturgeon Bay within the county of Mercer and State of Illinois as lies west of the line between the east half and the west half of the east half of section 25, in township 14 north, range 6 west of the fourth principal meridian, and so much of the east fork of said Sturgeon Bay as lies north of the north line of section 30, in township 14 north, range 5 west of the fourth principal meridian, shall not be deemed navigable waters of the United States. (Feb. 7, 1907, No. 13, 34 Stat. 1421.)

§ 45. Swan Creek, Toledo, Ohio.

Swan Creek, a stream lying within the limits of the city of Toledo, State of Ohio, is declared to be not a navigable waterway of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waterways, and the consent of Congress is given for the filling in of said creek by the local authorities. (Mar. 4, 1915, ch. 142, § 13, 38 Stat. 1055.)

§ 46. Tchula Lake, Mississippi.

Tchula Lake, in Holmes County, in the State of Mississippi, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to alter. amend, or repeal this section is expressly reserved (July 1, 1922, ch. 266, §§ 1, 2, 42 Stat. 816.)

§ 47. Eagle Lake, Louisiana-Mississippi.

Eagle Lake, which lies partly within the limits of the State of Mississippi, in Warren County, and partly within the limits of the State of Louisiana, in Madison Parish, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. (June 2, 1926, ch. 445, §§ 1, 2, 44 Stat. 681.)

§ 48. Noxubee River, Mississippi.

That portion of the Noxubee River in Noxubee County, in the State of Mississippi is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to amend or repeal this section is expressly reserved. (Feb. 24, 1934, ch. 25, §§ 1, 2, 48 Stat. 356.)

§ 49. Bayou Saint John in New Orleans.

Bayou Saint John, in the city of New Orleans, Louisiana, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters.

The right to alter, amend, or repeal this section is expressly reserved. (June 5, 1936, ch. 530, §§ 1, 2, 49 Stat. 1484.)