River and Harbor Act

Rivers and Harbors Act may refer to one of many pieces of legislation and appropriations passed by the United States Congress since the first such legislation in 1824. At that time Congress appropriated $75,000 to improve navigation on the Ohio and Mississippi rivers by removing sandbars, snags, and other obstacles. Like when first passed, the legislation was to be administered by the United States Army Corps of Engineers (USACE), under its Chief Engineer and the Secretary of War (more recently the Secretary of the Army).

In a landmark case, the Supreme Court ruled in Gibbons v. Ogden that federal authority covered interstate commerce including riverine navigation, under the Commerce Clause of the Constitution. This ruling in large part ended considerable divisiveness regarding transportation improvements between those supporting Federalism versus States rights advocates. Shortly thereafter (April, 1824), the General Survey Act authorized the president to have surveys made of routes for roads and canals "of national importance, in a commercial or military point of view, or necessary for the transportation of public mail." The President assigned responsibility for the surveys to the Corps of Engineers. To broaden the scope of possible improvements, Congress passed the first federal rivers and harbors legislation in May, again with the USACE charged to administer the work.

New river and harbor legislation in 1826, authorized the president to have river surveys made to clean out and deepen selected waterways and to make various other river and harbor improvements. That year Congress also authorized the first survey for a canal between Atlantic Ocean and Gulf of Mexico, and expanded the Army engineers' workload. Although the 1824 act to improve the Mississippi and Ohio rivers is often called the first rivers and harbors legislation, the 1826 act was the first to combine authorizations for both surveys and the projects themselves, thereby establishing a pattern that continues to the present day.

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