APPENDIX "J."

THE BURTON Аст.

(Public No. 367.)

AN ACT for the control and regulation of the waters of Niagara river, for the preservation of Niagara falls, and for other purposes.

Section 1. Be it enacted by the senate and house of representatives of the United States of America in congress assembled, That the diversion of water from Niagara river or its tributaries, in the state of New York, is hereby prohibited, except with the consent of the secretary of war as hereinafter authorized in section two of this act: Provided, That this prohibition shall not be . interpreted as forbidding the diversion of the waters of the great lakes or of Niagara river for sanitary or domestic purposes, or for navigation, the amount of which may be fixed from time to time by the congress of the United States or by the secretary of war of the United States under its direction.

§ 2. That the secretary of war is hereby authorized to grant permits for the diversion of water in the United States from said Niagara river or its tributaries for the creation of power to individuals, companies, or corporations which are now actually producing power from the waters of said river, or its tributaries, in the state of New York, or from the Erie canal; also permits for the transmission of power from the Dominion of Canada into the United States, to companies legally authorized therefor, both for diversion and transmission, as hereinafter stated, but permits for diversion shall be issued only to the individuals, companies, or corporations as aforesaid, and only to the amount now actually in use or contracted to be used in factories the buildings for which are now in process of construction, not exceeding to any one individual, company or corporation as aforesaid a maximum amount of eight thousand six hundred cubic feet per second, and not exceeding to all individuals, companies or corporations as aforesaid an aggregate amount of fifteen thousand six hundred cubic feet per second; but no revocable permits shall be issued by the

said secretary under the provisions hereafter set forth for the diversion of additional amounts of water from the said river or its tributaries until the approximate amount for which permits may be issued as above, to wit, fifteen thousand, six hundred cubic feet per second, shall for a period of not less than six months have been diverted from the waters of said river or its tributaries, in the state of New York: Provided, That the said secretary, subject to the provisions of section five of this act under the limitations relating to time above set forth is hereby authorized to grant revocable permits, from time to time to such individuals, companies, or corporations, or their assigns, for the diversion of additional amounts of water from the said river or its tributaries or such amount, if any, as, in connection with the amount diverted on the Canadian side, shall not injure or interfere with the navigable capacity of said river, or its integrity and proper volume as a boundary stream, or the scenic grandeur of Niagara falls; and that the quantity of electrical power which may by permits be allowed to be transmitted from the Dominion of Canada into the United States, shall be one hundred and sixty thousand horse power: Provided further, That the said secretary, subject to the provisions of section five of this act, may issue revocable permits for the transmission of additional power so generated in Canada, but in no event shall the amount included in such permits, together with the said one hundred and sixty thousand horse power, and the amount generated and used in Canada, exceed three hundred and fifty thousand horse power: Provided always, That the provisions herein permitting diversions and fixing the aggregate horse power herein permitted to be transmitted into the United States, as aforesaid, are intended as a limitation on the authority of the secretary of war, and shall in no wise be construed as a direction to said secretary to issue permits, and the secretary of war shall make regulations preventing or limiting the diversion of water and the admission of electrical power as herein stated; and the permits for the transmission of electrical power issued by the secretary of war may specify the persons, companies, or corporations by whom the same shall be transmitted, and the persons, companies, or corporations to whom the same shall be delivered.

§ 3. That any person, company, or corporation diverting water from the said Niagara river or its tributaries, or transmitting electrical power into the United States from Canada, except as herein stated, or violating any of the provisions of this act, shall

be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. And, further, the removal of any structures or parts of structures erected in violation of this act, or any construction incidental to or used for such diversion of water or transmission of power as is herein prohibited, as well as any diversion of water or transmission of power in violation hereof, may be enforced or enjoined at the suit of the United States by any circuit court having jurisdiction in any district in which the same may be located, and proper proceedings to this end may be instituted under the direction of the attorney-general of the United States.

§ 4. That the president of the United States is respectfully requested to open negotiations with the government of Great Britain for the purpose of effectually providing, by suitable treaty with said government, for such regulation and control of the waters of Niagara river and its tributaries as will preserve the scenic grandeur of Niagara falls and of the rapids in said river.

§ 5. That the provisions of this act shall remain in force for three years from and after date of its passage, at the expiration of which time all permits granted hereunder by the secretary of war shall terminate unless sooner revoked, and the secretary of war is hereby authorized to revoke any or all permits granted by him by authority of this act, and nothing herein contained shall be held to confirm, establish, or confer any rights heretofore claimed or exercised in the diversion of water or the transmission of power.

§ 6. That for accomplishing the purposes detailed in this act the sum of fifty thousand dollars, or so much thereof as may be necessary, is hereby appropriated from any moneys in the treasury not otherwise appropriated.

§ 7. That the right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, June 29, 1906.

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