PRIA, Government Policy, Made Personal

Summary

A stretch of the West Fork of the South Branch of the Chicago River in Cook County, Illinois, is declared nonnavigable under U.S. law. Congress keeps the power to change or repeal that declaration. The federal river-and-harbor laws of September 19, 1890, and March 3, 1899, and their amendments do not apply to the west arm of the South Fork that lies between the east side of Ashland Avenue and the north side of 39th Street in Chicago, now or if extended. The United States gives up any control over that part of the river and the State of Illinois gets those rights back. If, after June 7, 1924, Chicago or an authorized government agency or company builds a new South Branch channel between West Polk Street and West Nineteenth Street under a permit from the Secretary of the Army, the old part of the channel that is replaced must be closed and abandoned.

Title 33, §27

Navigation and Navigable Waters, Source: USLM XML via OLRC

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 Act of September 19, 1890, making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes (Twenty-sixth Statutes, chapter 907, section 7, page 454), and the Act of March 3, 1899, making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes (Thirtieth Statutes, chapter 425, section 9, page 1151) [33 U.S.C. 401], and all Acts amendatory of either thereof 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 duly 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 7 of the Act of

September 19, 1890, referred to in text, is section 7 of act Sept. 19, 1890, ch. 907, 26 Stat. 454, as amended generally by act

July 13, 1892, ch. 158, § 3, 27 Stat. 110, which prohibited

Construction

of certain structures in the navigable waters of the United States, with certain conditions and exceptions, and is not classified to the Code. Provisions similar to those in section 7 of act Sept. 19, 1890, were subsequently enacted by section 9 and 10 of act Mar. 3, 1899, ch. 425, 30 Stat. 1151, which are classified, respectively, to section 401 and 403 of this title. Codification The two sentences comprising the first paragraph of this section are, respectively, section 1 and 2 of act Jan. 24, 1923. The second paragraph of this section is from act Feb. 27, 1923. The last paragraph of this section is from act June 7, 1924.

Statutory Notes and Related Subsidiaries

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.

§27 Chicago River at Chicago, Illinois