33 U.S.C. § 5 — Abolition of tolls on Government canals, canalized rivers, etc.; expense of operation, repairs to and reconstruction of canals, etc.; Panama Canal excepted; levies by non-Federal interest

submitted 142 years ago by ch. 229 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 452 words · no verdicts yet

in plain englishAI-generated · not legal advice

Government-owned canals and similar waterways may not charge tolls to vessels passing through. The Secretary of the Army pays to operate, maintain, and repair them from Treasury funds. States and localities also can't charge boats fees, except for a few specific allowed charges.

(a) The federal government cannot charge any tolls or operating fees to any vessel, dredge, or other watercraft for passing through a lock, canal, canalized river, or similar structure that belongs to (or will belong to) the United States. To keep these waterways running without interruption, the Secretary of the Army — acting on the recommendation of the Chief of Engineers — can request money from the Treasury to cover the actual costs of operating, maintaining, and repairing them. If the Secretary of the Army decides one of these structures needs to be completely rebuilt to keep it working efficiently, that rebuilding can include changes to the plan or location, as long as those changes are needed to provide adequate facilities for the navigation that's already happening there. If those changes are meant to make the rebuilt structure match similar, already-authorized works that are part of the same larger project, then the Board of Engineers for Rivers and Harbors must review and approve them, and the Chief of Engineers must recommend them, before construction starts. None of this section applies to the Panama Canal. (b) Non-federal parties — like states or local governments — cannot charge any taxes, tolls, fees, or other charges to a vessel or watercraft (or its passengers or crew) operating on navigable waters under U.S. authority, or exercising the right to freely navigate those waters. There are three exceptions: (1) fees allowed under section 2236 of this title; (2) reasonable fees, charged fairly and equally, that are used only to pay for a service given to the vessel, that improve the safety or efficiency of interstate or foreign commerce, and that don't place more than a small burden on that commerce; and (3) property taxes on vessels or watercraft — except that vessels or watercraft mainly used in foreign commerce can't be taxed this way if doing so would violate the U.S. Constitution.

the actual law source: uscode.house.gov ↗public domain

(a)

No tolls or operating charges whatever shall be levied upon or collected from any vessel, dredge, or other water craft for passing through any lock, canal, canalized river, or other work for the use and benefit of navigation, now belonging to the United States or that may be hereafter acquired or constructed; and for the purpose of preserving and continuing the use and navigation of said canals and other public works without interruption, the Secretary of the Army, upon the recommendation of the Chief of Engineers, United States Army, is authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury to pay the actual expenses of operating, maintaining, and keeping said works in repair, which warrants or requisitions shall be paid by the Secretary of the Treasury out of any money in the Treasury not otherwise appropriated: Provided, That whenever, in the judgment of the Secretary of the Army, the condition of any of the aforesaid works is such that its entire reconstruction is absolutely essential to its efficient and economical maintenance and operation as herein provided for, the reconstruction thereof may include such modifications in plan and location as may be necessary to provide adequate facilities for existing navigation: Provided further, That the modifications are necessary to make the reconstructed work conform to similar works previously authorized by Congress and forming a part of the same improvement, and that such modifications shall be considered and approved by the Board of Engineers for Rivers and Harbors and be recommended by the Chief of Engineers before the work of reconstruction is commenced: And provided further, That nothing contained in this section shall be held to apply to the Panama Canal.

(b)

No taxes, tolls, operating charges, fees, or any other impositions whatever shall be levied upon or collected from any vessel or other water craft, or from its passengers or crew, by any non-Federal interest, if the vessel or water craft is operating on any navigable waters subject to the authority of the United States, or under the right to freedom of navigation on those waters, except for—

(1)

fees charged under section 2236 of this title;

(2)

reasonable fees charged on a fair and equitable basis that—

(A)

are used solely to pay the cost of a service to the vessel or water craft;

(B)

enhance the safety and efficiency of interstate and foreign commerce; and

(C)

do not impose more than a small burden on interstate or foreign commerce; or

(3)

property taxes on vessels or watercraft, other than vessels or watercraft that are primarily engaged in foreign commerce if those taxes are permissible under the United States Constitution.

Source credit: (July 5, 1884, ch. 229, § 4, 23 Stat. 147; Mar. 3, 1909, ch. 264, § 6, 35 Stat. 818; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, § 1(15), 68 Stat. 967; Pub. L. 107–295, title IV, § 445, Nov. 25, 2002, 116 Stat. 2133; Pub. L. 108–176, title VIII, § 829(a), Dec. 12, 2003, 117 Stat. 2597.)

history & why it existsrecord from the source credit

1884Enacted · Act of July 5, 1884, ch. 229 · 23 Stat. 147
1909Amended · Act of Mar. 3, 1909, ch. 264 · 35 Stat. 818
1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501
1954Amended · Act of Aug. 30, 1954, ch. 1076 · 68 Stat. 967
2002Amended · Pub. L. 107-295 · 116 Stat. 2133
2003Amended · Pub. L. 108-176 · 117 Stat. 2597

A history note hasn’t been published yet. The record shows enactment by ch. 229 on 1884-07-05.

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