OCR Text |
Show 116 scribe "reasonable rates of toll."ffll From time to time, the Sec- retary's regulatory authority over tolls has been extended to other bridges over navigable waters of the United States.232 With some exceptions, toll-bridge rates are today subject to the Secretary's regulatory power.233 Dams, Dikes, and Causeways.-The 1899 Act also makes it unlawful to construct a dam, dike, or causeway over navigable waters of the United States without the consent of Congress and approval of the plans by the Chief of Engineers and the Secretary.234 Such structures, as in the case of bridges, may be built under state authority in waterways, the navigable portions of which lie wholly within a single state, if the location and plans are first approved by the Chief of Engineers and the Secretary.235 As to power dams, the requirements of this statute are satis- fied if the construction is authorized by a license issued under the provisions of the Federal Power Act.236 But no such license affecting the navigable capacity of any navigable waters of the United States may be issued until the plans of the dam or other structure affecting navigation have been approved by the Chief of Engineers and the Secretary.237 Wharves, Piers, and Other Structures.-The 1899 Act also makes it unlawful to create any obstruction, "not affirma- tively authorized by Congress," to the navigable capacity of any 281 Act of March 23, 1906, § 4, 34 Stat. 84, 85, as amended, 33 U. S. C. 494. 281 Act of June 10,1930, § 17, 46 Stat. 540, 552, 33 U. S. C. 498a; Act of June 27, 1930, § 1, 46 Stat. 821, 33 U. S. C. 498b; Act of August 21, 1935, 49 Stat. 670, 33 U. S. C. 504; Act of August 2,1946, § 503, 60 Stat. 812, 847, 33 U. S. C. 526. 288 Id. See also 49 Stat 670, 33 U. S. C. 503. 284 Act of March 3,1899, § 9, 30 Stat. 1121,1151, 33 U. S. C. 401. 288 Id. 288 Act of June 10,1920, 41 Stat. 1063; Act of August 26, 1935, 49 Stat. 838, as amended, 16 U. S. C. 791a et seq. United States v. Appalachian Electric Power Co., 311 U. S. 377 (1940), reh. den., 312 U. S. 712 (1941). Of. United States v. Arizona, 295 U. S. 174, 185-186 (1935) holding that the congres- sional grant of authority to the Secretary of the Interior to divert waters of the Colorado River for irrigating lands in certain Indian reservations did not constitute the "consent of Congress" required under the 1899 Act. 287 Act of June 10,1920, § 4(e), 41 Stat. 1063,1065, as amended, 16 U. S. C. 797(e). |