except as to the requirements of section 1002 of Title 5. (July 16, 1952, ch. 889, § 3, 66 Stat. 733.) *

GENERAL BRIDGE AUTHORITY

GENERAL BRIDGE ACT OF 1946

33 U.S.C., secs. 525-533

Sec. 525. Construction and operation of bridges; consent of Congress; approval of plans; private highway toll bridges.

(a) The consent of Congress is granted for the construction, maintenance, and operation of bridges and approaches thereto over the navigable waters of the United States, in accordance with the provisions of sections 525-533 of this title.

(b) The location and plans for such bridges shall be approved by the Chief of Engineers and the Secretary of Transportation before construction is commenced, and, in approving the location and plans of any bridge, they may impose any specific conditions relating to the maintenance and operation of the structure which they may deem necessary in the interest of public navigation, and the conditions so imposed shall have the force of law. This subsection shall not apply to any bridge over waters which are not subject to the ebb and flow of the tide and which are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, it shall be unlawful to construct or commence the construction of any privately owned highway toll bridge until the location and plans thereof shall also have been submitted to and approved by the highway department or departments of the State or States in which the bridge and its approaches are situated; and where such bridge shall be between two or more States and the highway departments thereof shall be unable to agree upon the location and plans therefor, or if they, or either of them, shall fail or refuse to act upon the location and plans submitted, such location and plans then shall be submitted to the Secretary of Transportation and, if approved by the Secretary of Transportation, approval by the highway departments shall not be required. (Aug. 2, 1946, ch. 753, title V, § 502, 60 Stat. 847; June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380; 1949 Reorg. Plan No. 7, § 1, eff. Aug. 19, 1949, 14 F.R. 5288, 63 Stat. 1070; Oct. 15, 1982, Pub. L. 97-322, Title I, § 107(a), 96 Stat. 1582; Jan. 12, 1983, Pub. L. 97-449, § 2(d)(1), (3), 96 Stat. 2440.)

* Section 1002 of title 5 has been revised and codified as section 552 of title 5, U.S.C.

Sec. 526. Amount of tolls.

If tolls shall be charged for the transit over any interstate bridge of engines, cars, street cars, wagons, carriages, vehicles, animals, foot passengers or other passengers, such toll shall be reasonable and just, and the Secretary of Transportation may at any time, and from time to time, prescribe the reasonable rates of toll for such transit over such bridge, and the rates so prescribed shall be the legal rates and shall be the rates demanded and received for such transit. (Aug. 2, 1946, ch. 753, title V, § 503, 60 Stat. 847; Jan. 12, 1983, Public Law 97-449, § 2 (d)(1), 96 Stat. 2440.)

Sec. 526a. Same; regulations; increment guidelines.

The Secretary of Transportation shall promulgate regulations establishing guidelines governing any increase in tolls for use of any bridge constructed pursuant to either the General Bridge Act of 1906 or the General Bridge Act of 1946.

(Pub. L. 93–87, Title I, § 133(b), Aug. 13, 1973, 87 Stat. 267.)

Sec. 527. Acquisition of interstate bridges by public agencies; amount of damages.

After the completion of any interstate toll bridge constructed by an individual, firm, or corporation, as determined by the Secretary of Transportation either of the States in which the bridge is located, or any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property for public purposes by condemnation or expropriation. If at any time after the expiration of five years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction of actual depreciation in value; (2) the actual costs of acquiring such interests in real property; (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property; and (4) actual expenditures for necessary improvements. (Aug. 2, 1946, ch. 753, title V, § 504, 60 Stat. 848; and amended Jan. 12, 1983, Pub.L. 97-449, § 2(d)(1), 96 Stat. 2440.)

Sec. 528. Statement of construction costs of privately owned interstate bridges; investigation of costs; conclusiveness of findings; review. Within ninety days after the completion of a privately owned interstate toll bridge, the owner shall file with the Secretary of Transportation and with the highway departments of the States in which the

bridge is located, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of Transportation may, and upon request of a highway department shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said individual, firm, or corporation, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of Transportation as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 527 of this title subject only to review in a court of equity for fraud or gross mistake. (Aug. 2, 1946, ch. 753, title V, § 505, 60 Stat. 848; and amended Jan. 12, 1983, Pub. L. 97-449, § 2(d)(1), 96 Stat. 2440.)

Sec. 529. Sinking funds; rates of tolls: cancellation of tolls.

If tolls are charged for the use of an interstate bridge constructed or taken over or acquired by a State or States or by any municipality or other political subdivision or public agency thereof, under the provisions of sections 525-533 of this title, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed thirty years from the date of completing or acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. (Aug. 2, 1946, ch. 753, title V, § 506, 60 Stat. 848; May 25, 1948, ch. 336, 62 Stat. 267.)

Sec. 530. Bridges included and excluded.

The provisions of sections 525-533 of this title shall apply only to bridges over navigable waters of the United States, the construction of which is approved after August 2, 1946, under the provisions of said sections; and the provisions of the first proviso of section 401 of this title, and the provisions of sections 491-498 of this title, shall not apply to such bridges. (Aug. 2, 1946, ch. 753, title V, § 507, 60 Stat. 849.)

Sec. 531. International bridges.

Sections 525-533 of this title shall not be construed to authorize the construction of any bridge which will connect the United States, or any Territory or possession of the United States, with any foreign country. (Aug. 2, 1946, ch. 753, title V, § 508, 60 Stat. 849.)

Sec. 532. Eminent domain.

There are conferred upon any individual, his heirs, legal representatives, or assigns, any firm or corporation, its successors or assigns, or any State, political subdivision, or municipality authorized in accordance with the provisions of sections 525-533 of this title to build a bridge between two or more States, all such rights and powers to enter upon lands and acquire, condemn, occupy, possess, and use real estate and other property in the respective States needed for the location, construction, operation, and maintenance of such bridge and its approaches, as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. (Aug. 8, 1946, ch. 753, title V, § 509, 60 Stat. 849.)

Sec. 533. Penalties for violations.

(a) Criminal penalties for violation.

Any person who willfully fails or refuses to comply with any lawful order of the Secretary of Transportation or the Chief Engineers issued under the provisions of sections 525 to 533 of this title, or who willfully fails to comply with any specific condition imposed by the Chief of Engineers and the Secretary of Transportation relating to the maintenance and operation of bridges, or who willfully refuses to produce books, papers, or documents in obedience to a subpena or other lawful requirement under said sections, or who otherwise willfully violates any provisions of said sections, shall, upon conviction thereof, be punished by a fine of not to exceed $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.

(b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions.

Whoever violates any provision of this subchapter, or any order issued under this subchapter, shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation may access and collect any civil penalty incurred under this subsection

and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurrs for such penalty.

(Aug. 2, 1946, ch. 753, title V, § 510, 60 Stat. 849; and amended Oct. 15, 1982, Pub. L. 97-322, Title I, § 108(d), 96 Stat. 1584; Jan. 12, 1983, Pub. L. 97-449, § 2(d)(1), 96 Stat. 2440.)

INTERNATIONAL BRIDGES

INTERNATIONAL BRIDGE ACT OF 1972

33 U.S.C. secs. 535, 535a-535i

Sec. 535. Congressional consent to construction, maintenance, and operation of international bridges; conditions of consent.

The consent of Congress is hereby granted to the construction, maintenance, and operation of any bridge and approaches thereto, which will connect the United States with any foreign country (hereinafter in this Act referred to as an "international bridge") and to the collection of tolls for its use, so far as the United States has jurisdiction. Such consent shall be subject to (1) the approval of the proper authorities in the foreign country concerned; (2) the provisions of sections 491-498 of this title, except section 496 of this title, whether or not such bridge is to be built across or over any of the navigable waters of the United States; and (3) the provisions of this Act. (Pub. L. 92-434, § 2, Sept. 26, 1972, 86 Stat. 731.)

Sec. 535a. Congressional consent to State agreements with Canada and Mexico; Secretary of State's approval of agreements.

The consent of Congress is hereby granted for a State or a subdivision or instrumentality thereof to enter into agreements

(1) with the Government of Canada, a Canadian Province, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Canada, or

(2) with the Government of Mexico, a Mexican State, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Mexico,

for the construction, operation, and maintenance of such bridge in accordance with the applicable provisions of this Act. The effectiveness of such agreement shall be conditioned on its approval by the Secretary of State. (Pub. L. 92-434, § 3, Sept. 26, 1972, 86 Stat. 731.)

Sec. 535b. Presidential approval; recommendations of Federal officials. No bridge may be constructed, maintained, and operated as provided in section 535 of this title unless the President has given his approval thereto. In the course of determining whether to grant such approval,