152 
ER 1145-2-301 
1 July 68 
f. Section 6 of the River and Harbor Act approved 3 March 
1905 (33 Stat. 1148; 33 U.S.C. 417) provides that expenses incurred 
by the Corps of Engineers in all investigations, inspections, hearings, 
reports, service of notice, or other action incidental to examinations 
into alleged violations of laws for protection and preservation of 
navigable waters shall be payable from any funds which may be available 
for the improvement, maintenance, operation, or care of the waterways 
or harbors affected. If such funds are not available in sums judged 
by the Chief of Engineers to be adequate, they shall be payable from any 
funds available for examinations, surveys, and contingencies of rivers 
and harbors. 
17. Temporary Closure of Waterway to Navigation. 
a. When an application is received for the temporary closure 
of a waterway for the construction of a structure or the performance 
of other work in the waterway, the District Engineer will assure himself 
of the necessity for the closure and arrange after informal communication 
with any important navigation interests concerned the time and duration 
of the closure which will enable the operations to be completed with 
the least interference with navigation. If there is no question as to the 
necessity and propriety of the closure, the District Engineer is authorized 
to inform the applicant as follows. The Department of the Army will 
interpose no objection to the closure for a stated period beginning at 
a specified date: Provided, that prior thereto the applicant will 
notify navigation interests by an advertisement in the press or otherwise 
as the District Engineer may approve and on the understanding that the 
waiver of objection does not affect the liability of the applicant for 
any damages that may arise by reason of the closure. The letter to the 
applicant will be signed "BY AUTHORITY OF THE SECRETARY OF THE ARMY" 
and distribution made as prescribed for permits. 
b. District Engineers will give careful consideration to the 
effect of any closure on through navigation. Should coordination with 
other districts be necessary the case will be forwarded to the Division 
Engineer for such coordination. 
e. Cases not falling within the authority above conferred will 
be forwarded to the Chief of Engineers with the recommendations of the 
Division and District Engineers. 
WwwrEl L,, 
MILES L. WACHENDORF 
Colonel, Corps of Engine 
Executive 
FOR THE CHIEF OF ENGINEERS: 
15 
