Public Law 412. authorizing H

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(/us/pl/74/411).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Bridge construction, etc. mississippi river at saint louis, missouriMississippi River at Baint Louis, Mo. Section 1. That the Act entitled “An Act authorizing H. C.Time extended.Vol. 46, p. 1005. Brenner Realty and Finance Corporation, its successors and assigns, to construct, maintain, and operate a bridge across the Mississippi River at or near a point between Cherokee and Osage Streets, Saint Louis, Missouri”, approved on February 13, 1931, be, and the same is hereby, revived and reenacted: *Provided*, That the construction*Proviso*.Time limitation. herein authorized be commenced within one year and completed within three years from the date of the approval of this Act. delaware river between easton, pennsylvania, and phillipsburg, new jerseyDelaware River between Easton, Pa., and Phillipsburg, N.

J. Sec. 2.

(a)That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the Delaware River Joint Toll Bridge Commission of the State of Pennsylvania and the State of New Jersey, be and is hereby authorized to construct, maintain, and operate a bridge and approaches thereto across the Delaware River, at a point suitable to the interests of navigation, at or near Easton, Pennsylvania, and Phillipsburg,Construction.Vol. 34, p. 84; [U. S. C., p. 1474](/us/usc/p1474). New Jersey, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)There is hereby conferred upon the Delaware River JointAcquisition of approaches, etc. Toll Bridge Commission of the State of Pennsylvania and the State of New Jersey all such rights and powers to enter upon the lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation 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,1052and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State.

(c)Toll charges. The said Delaware River Joint Toll Bridge Commission of the State of Pennsylvania and the State of New Jersey is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by Vol. 34, p. 85; [U. S. C., p. 1474](/us/usc/p1474).the Secretary of War under the authority contained in the Act of March 23, 1906.

(a)That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes, M. R. Carpenter, his heirs, legal representatives, and assigns, be and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Potomac River, at a point suitable to the interests of navigation, between Old Town, Maryland, Construction.Vol. 34, p. 84.and Green Spring, West Virginia, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)Acquisition of approaches, etc. There is hereby conferred upon M. R. Carpenter, his heirs, legal representatives, and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property 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.

(c)Toll charges.Vol. 34, p. 85. The said M. R. Carpenter, his heirs, legal representatives, and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

(d)Acquisition authorized after completion by either State, etc. After the completion of such bridge, as determined by the Secretary of War, either the State of Maryland, the State of West Virginia, any public agency or political subdivision of either of1053such 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 all interest in real property necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. If at any time after the expiration of five years afterConveyance subject only to indebtedness , etc., for construction, etc. 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 for actual depreciation in value;

(2)the actual cost of acquiring such interests in real property;

(3)the 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.

(e)If such bridge shall at any time be taken over or acquiredTolls under State, etc., operation. by the States or public agencies or political subdivisions thereof, or by either of them as provided in subsection

(d)of this section, and if tolls are thereafter charged for the use thereof, the ratesTolls applied to operation, sinking fund, etc. 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 twenty years from the date of acquiring the same. After a sinking Maintenance as free bridge, etc., after amortizing costs.fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paidRecord of expenditures and receipts. 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.

(f)M. R. Carpenter, his heirs, legal representatives, and assigns,Sworn statement of construction cost, etc., to be filed after completion. shall within ninety days after the completion of such bridge file with the Secretary of War and with the Highway Departments of the States of Maryland and West Virginia, 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 War may, and upon request of the highwayInvestigation by Secretary of War. department of either of such States 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 M. R.Records to be available. Carpenter, his heirs, legal representatives, and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of WarFindings of Secretary conclusive. as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned 1054in subsection

(d)of this section, subject only to review in a court of equity for fraud or gross mistake.

(g)Right to sell, etc., conferred. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted M. R. Carpenter, his heirs, legal representatives, and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. Ohio River at Wellsburg, W. Va.ohio river at wellsburg, west virginia Sec. 4.

(a)That in order to facilitate interstate commerce, improve the postal service, and provide for military and other purposes the Brookewell Bridge Company, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of navigation, at or near Wellsburg, West Construction.Vol. 34, p. 84; [U. S. C., p. 1474](/us/usc/p1474).Virginia, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)Acquisition of approaches, etc. There is hereby conferred upon the Brookewell Bridge Company, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property 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.

(c)Tolls.Vol. 34, p. 85; [U. S. C., p. 1474](/us/usc/p1474). The said Brookewell Bridge Company, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of tolls so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

(d)Acquisition authorized after completion by West Virginia, Ohio, etc. After the completion of such bridge, as determined by the Secretary of War, either the State of West Virginia, the State of Ohio, 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 necessary therefor, by purchase or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. Conveyance subject only to indebtedness, etc., for construction, etc.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 goodwill, 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 for actual depreciation in value;

(2)the actual cost 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 the1055bridge and its approaches and acquiring such interests in real property; and

(4)actual expenditures for necessary improvements.

(d)of this section, and if tolls are thereafter charged for the use thereof, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for theTolls applied to operation, sinking fund, etc. 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 twenty years from the date of acquiring the same. After a sinking fundMaintenance as tree bridge, etc., after amortizing costs. sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid forRecord of receipts and expenditures. 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.

(f)The Brookewell Bridge Company, its successors and assigns,Sworn statement of construction cost, etc., to be filed after completion. shall within ninety days after the completion of such bridge file with the Secretary of War and with the highway departments of the States of Ohio and West Virginia 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 War may, and upon the request of the highwayInvestigation by Secretary of War. department of either of such States 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 Brookewell Bridge Company 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 War asFindings of Secretary conclusive. to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in subsection

(d)of this section, subject only to review in a court of equity for fraud or gross mistake.

(g)The right to sell, assign, transfer, and mortgage all the rights,Right to sell, etc., conferred. powers, and privileges conferred by this Act is hereby granted to the Brookewell Bridge Company, its successors and assigns, and any corporation to which or any person to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. mississippi river at new boston, illinoisMississippi River at New Boston, Ill. Sec. 5. That the times for commencing and completing theTime extended for bridging.Vol. 46, p. 1503; Vol. 43, p. 652, amended. construction of a bridge across the Mississippi River, at or near New Boston, Illinois, authorized to be built by D. S. Prentiss, R. A. Salladay, Syl F. Histed, William M. Turner, and John H. Rahilly,1056by an Act of Congress approved March 3, 1931, heretofore extended by an Act of Congress approved April 30, 1934, are hereby further extended one and three years, respectively, from April 30, 1935. Potomac River at Dahlgren, Va.potomac river at dahlgren, virginia Sec. 6.

(a)That in order to facilitate interstate commerce, improve the Postal Service, and provide for military and other purposes, the George Washington Memorial Bridge Public Corporation, its successors and assigns, be, and is hereby, authorized to construct, maintain, and operate a highway or combined highway and railroad bridge and approaches thereto across the Potomac River at a point suitable to the interests of navigation from a point in the vicinity of Dahlgren in the northeastern end of King George County, in the State of Virginia, to a point south of Popes Creek, in the county of Charles, in the State of Maryland, in accordance with the provisions Construction.Vol. 34, p. 84; [U. S. C., p. 1474](/us/usc/p1474).of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)Acquisition of land for approaches, etc. There is hereby conferred upon the said George Washington Memorial Bridge Public Corporation, its successors and assigns, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches and terminals as are possessed by railroad corporations for railroad purposes, or by bridge corporations for bridge purposes in the State or States 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 or States, and the proceedings therefor shall be the same as in the condemnation and expropriation of property for public purposes in such State or States.

(c)Tolls.Vol. 34, p. 85; [U. S. C., p. 1474](/us/usc/p1474). The said George Washington Memorial Bridge Public Corporation, its successors and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

(d)Acquisition authorized after completion by Virginia, Maryland, etc. After the completion of such bridge, as determined by the Secretary of War, either the State of Virginia, the State of Maryland, 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 interests in real property necessary therefor, by purchase, or by condemnation or expropriation, in accordance with the laws of either of such States governing the acquisition of private property for public purposes by condemnation or expropriation. Conveyance subject only to indebtedness, etc., for construction, etc.If at any time after the expiration of twenty 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 sura of

(1)the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value;

(2)the actual cost 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. 1057

(e)If such bridge shall at any time be taken over or acquired byTolls under State, etc., operation. the States or public agencies or political subdivisions thereof, or by either of them, as provided in subsection

(d)of this section, and if tolls are thereafter charged for the use thereof, the rates of toll shallTolls applied to operation, sinking fund, etc. 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 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, within a period of not to exceed thirty years from the date of acquiring the same. After a sinking fundMaintenance as free bridge. etc., after amortizing costs. sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the amount paid for acquiringRecord of expenditures and receipts. the bridge and its approaches, the actual expenditures for operation, repairing, and maintaining the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

(f)The said George Washington Memorial Bridge PublicSworn statement of construction cost, etc., to be filed upon completion. Corporation, its successors and assigns, shall within ninety days after the completion of such bridge file with the Secretary of War and with the Highway Departments of the States of Virginia and Maryland 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 actual financing and promotion costs. The Secretary of War may, and upon theInvestigation by Secretary of War. request of the highway department of either of such States 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 George Washington Memorial Bridge Public 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 War as to the reasonableFindings of Secretary conclusive. costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in subsection

(d)of this section, subject only to review in a court of equity for fraud or gross mistake.

(g)The right to sell, assign, transfer, and mortgage all the rights,Right to sell, etc., conferred. powers, and privileges conferred by this Act is hereby granted to the said George Washington Memorial Bridge Public Corporation, its successors and assigns, and any corporation to which or any persons to whom such rights, powers, and privileges may be sold, assigned, or transferred, or who shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation or person. mississippi river at stites, illinoisMississippi River at Stites, Ill. Sec. 7.

(a)That in order to promote interstate commerce, improve*Post*, p. 1253. the postal service, and provide for military and other purposes, the county of Saint Clair, in the State of Illinois, be, and is hereby, authorized to construct, maintain, and operate a bridge and1058approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near a point on Broadway between Florida and Mullanphy Streets in the city of Saint Louis, Missouri, and a point opposite thereto in the town of Stites, in the county of Saint Clair, State of Illinois, and connecting with Saint Clair Avenue extended in said town, in accordance with the provisions of the Construction.Vol. 34, p. 84; [U. S. C., p. 1474](/us/usc/p1474).Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)Acquisition of approaches, etc. There is hereby conferred upon the county of Saint Clair, in the State of Illinois, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation 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.

(c)Tolls.Vol. 34, p. 85; [U. S. C., p. 1474](/us/usc/p1474). The said county of Saint Clair, in the State of Illinois, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

(d)Tolls applied to operation, sinking fund, etc. In fixing the rates of toll to be charged for the use of such bridge the same 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 cost of such bridge and its approaches, 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 completion thereof. Maintenance as free bridge, etc., after amortizing costs.After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its Record of expenditures and receipts.approaches under economical management. An accurate record of the cost of the bridge and its approaches, the 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. Ohio River at Shawneetown, Ill.ohio river at shawneetown, illinois Sec. 8. Time extended for bridging.Vol. 48, p. 839, amended. That the times for commencing and completing the construction of a bridge across the Ohio River at or near Shawneetown, Gallatin County, Illinois, and a point opposite thereto in Union County, Kentucky, authorized to be built by the city of Shawneetown, Illinois, by an act of Congress approved June 4, 1934, are hereby extended one and three years, respectively, from the date of approval hereof. Compact between Pennsylvania and New Jersey.Consent given to, relative to bridge construction, etc.compact between pennsylvania and new jersey Sec. 9. That the consent of Congress is hereby given to the compact or agreement set forth below, and to each and every term and provision thereof: *Provided*, That nothing herein contained shall1059be construed to affect, impair, or diminish any right, power, or jurisdiction of the United States or of any court, department, board, bureau, officer, or official of the United States, over or in regard to any navigable waters, or any commerce between the States or with foreign countries, or any bridge, railroad, highway, pier, wharf, or other facility or improvement, or any other person, matter, or thing, forming the subject matter of the aforesaid compact or agreement or otherwise affected by the terms thereof. The Commonwealth of Pennsylvania and the State of New Jersey do hereby solemnly covenant and agree, each with the other, as follows: Article I. There is hereby created a body corporate and politic, to be known“Delaware River Joint Toll Bridge Commission” created.Functions. as the “Delaware River Joint Toll Bridge Commission” (hereinafter in this agreement called the “commission”), which shall consist of the commissioners, on behalf of the Commonwealth of Pennsylvania, provided for by the Act, approved the 8th day of May 1919 (Pamphlet Laws, 148), and its supplements and amendments, for the acquisition of toll bridges over the Delaware River, and of commissioners, on behalf of the State of New Jersey, provided for by the Act, approved the 1st day of April 1912 (ch. 397), and its supplements and amendments, for the acquisition of toll bridges over the Delaware River, which said commissions have heretofore been acting as a joint commission by virture11So In original. of reciprocal legislation. No action of the commission shall be binding unless a majority of the members of the commission from Pennsylvania and a majority of the members of the commission from New Jersey shall vote in favor thereof. The commission shall constitute the public corporate instrumentality of the Commonwealth of Pennsylvania and the State of New Jersey for the following public purposes, and shall be deemed to be exercising an essential governmental function in effectuating such purpose, to wit:

(a)The administration, operation, and maintenance of the joint State-owned bridges across the Delaware River between the Commonwealth of Pennsylvania and the State of New Jersey, and located north of the present stone arch bridge of the Pennsylvania Railroad across the Delaware River from Morrisville to Trenton;

(b)The investigation of the necessity for additional bridge communications over the Delaware River north of the said railroad bridge, and the making of such studies, surveys, and estimates as may be necessary to determine the feasibility and cost of such additional bridge communications;

(c)The preparation of plans and specifications for, and location, construction, administration, operation, and maintenance of, such additional bridge communications over the Delaware River, north of the aforesaid railroad bridge, as the commission deems necessary to advance the interests of the two States and to facilitate public travel; and the issuance of bonds and obligations to provide moneys sufficient for the construction of such bridges; and the collection of tolls, rentals, and charges for the redemption of such bonds and obligations, and the payment of interest thereon;

(d)The procurement from the Government of the United States of any consents which may be requisite to enable any project within its powers to be carried out. 1060 Article II. Powers conferred.For the effectuation of its authorized purposes, the commission is hereby granted the following powers:

(a)To nave perpetual succession.

(b)To sue and be sued.

(c)To adopt and use an official seal.

(d)To elect a chairman, vice chairman, secretary, and treasurer, and appoint an engineer. The secretary, treasurer, and engineer need not be members of the commission.

(e)To adopt suitable bylaws for the management of its affairs.

(f)To appoint such other officers, agents, and employees as it may require for the performance of its duties.

(g)To determine the qualifications and duties of its appointees, and to fix their compensation.

(h)To enter into contracts.

(i)To acquire, own, hire, use, operate, and dispose of personal property.

(j)To acquire, own, use, lease, operate, and dispose of real property and interest in real property, and to make improvements thereon.

(k)To grant the use of, by franchise, lease, and otherwise, and to make and collect charges for the use of, any property or facility owned or controlled by it.

(l)To borrow money upon its bonds or other obligations, either with or without security.

(m)To exercise the power of eminent domain.

(n)To determine the exact location, system, and character of, and all other matters in connection with, any and all improvements or facilities which it may be authorized to own, construct, establish, effectuate, maintain, operate, or control.

(o)In addition to the foregoing powers, to exercise the powers, duties, authority, and jurisdiction heretofore conferred and imposed upon the aforesaid commissions, hereby constituted a joint commission by reciprocal legislation of the Commonwealth of Pennsylvania and the State of New Jersey, with respect to the acquisition of toll bridges over the Delaware River, the management, operation, and maintenance of such bridges, and the location, construction, operation, and maintenance of additional bridge communications over the Delaware River north of the aforesaid railroad bridge of the Pennsylvania Railroad.

(p)To exercise all other powers, not inconsistent with the Constitutions of the States of Pennsylvania and New Jersey or of the United States, which may be reasonably necessary or incidental to the effectuation of its authorized purposes or to the exercise of any of the foregoing powers, except the power to levy taxes or assessments for benefits; and generally to exercise, in connection with its property and affairs and in connection with property under its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs. Article III. Acquisition of land.If for any of its authorized purposes (including temporary purposes) the commission shall find it necessary or convenient to acquire for public use any real property in the Commonwealth of Pennsylvania or the State of New Jersey, whether for immediate or future use, the commission may, by resolution, determine to acquire such property by a fee simple absolute or a lesser interest, and the said determination shall not be affected by the fact that1061such property has therefore been taken for or is then devoted to a public use, but the public use in the hands or under the control of the commission shall be deemed superior to the public use in the hands or under the control of any other person, association, or corporation. If the commission is unable to agree with the owner or owners thereof upon terms for the acquisition of any such real property in the Commonwealth of Pennsylvania, for any reason whatsoever, then the commission may acquire such real property by the exercise of the right of eminent domain, in the manner provided by the Act, approved the 8th day of May 1919 (Pamphlet Laws, 148), entitled “An Act providing for the joint acquisition and maintenance by the Commonwealth of Pennsylvania and the State of New Jersey of certain toll bridges over the Delaware River”, and the Acts amendatory thereof and supplementary thereto, relating to the acquisition of interstate toll bridges over the Delaware River. If the Commission is unable to agree with the owner or owners thereof upon terms for the acquisition of any such real property, in the State of New Jersey, for any reason whatsoever, then the commission may acquire such property by the exercise of the right of eminent domain, in the manner provided by the act of the State of New Jersey, entitled “An Act authorizing the acquisition and maintaining by the State of New Jersey, in conjunction with the State of Pennsylvania, of toll bridges across the Delaware River; and providing for free travel across the same”, approved the 1st day of April 1912 (ch. 297), and the various acts amendatory thereof and supplementary thereto, relating to the acquisition of interstate toll bridges over the Delaware River. The power of the commission to acquire real property by condemnation or the exercise of the power of eminent domain in the Commonwealth of Pennsylvania and the State of New Jersey shall be a continuing power and no exercise thereof shall be deemed to exhaust it. The commission and its duly authorized agents and employees may enter upon any land, in the Commonwealth or the State of New Jersey, for the purpose of making such surveys, maps, or other examinations thereof, as it may deem necessary or convenient for its authorized purposes. However, anything to the contrary contained in this compact notwithstanding, no property, now or hereafter vested in or held by any county, city, borough, village, township, or other municipality, shall be taken by the commission without the consent of such municipality, unless expressly authorized so to do by the Commonwealth or State in which such municipality is located. All counties, cities, boroughs, villages, townships and other municipalities, and all public agencies and commissions of the Commonwealth of Pennsylvania and the State of New Jersey, notwithstanding any contrary provision of law, are hereby authorized and empowered to grant and convey to the commission upon its request, but not otherwise, upon reasonable terms and conditions, any real property which may be necessary or convenient to the effectuation of its authorized purposes, including real property already devoted to public use. The Commonwealth of Pennsylvania and the State of New JerseyConsent of participating States. hereby consent to the use and occupation by the commission of any real property of the said two States, or of either of them, which may be or become necessary or convenient to the effectuation of the authorized purposes of the commission, including lands lying under water and lands already devoted to public use. 1062 “Real property” defined.The term “real property”, as used in this compact, includes lands, structures, franchises, and interests in land, including lands under water and riparian rights, and any and all things and rights usually included within the said term, and includes not only fees simple and absolute but also any and all lesser interests, such as easements, rights-of-way, uses, leases, licenses, and all other incorporeal hereditaments, and every estate, interest, or right, legal or equit able, including terms of years and liens thereon by way of judgments, mortgages, or otherwise, and also claims for damage to real estate. Article IV. Pledging credit or creating debt.Notwithstanding any provision of this agreement, the commission shall have no power to pledge the credit of the Commonwealth of Pennsylvania, or of the State of New Jersey, or of any county, city, borough, village, township, and other municipality of said Commonwealth or State, or to create any debt against said Commonwealth or State or any such municipality. Article V. Rules and regulations.The commission is hereby authorized to make and enforce such rules and regulations, and to establish, levy, and collect (or to authorize by contract, franchise, liens, or otherwise, the establishment, levying, and collection of) such tolls, rates, rents, and other charges, in connection with any such bridge across the Delaware River which it may hereafter construct and operate, as it may deem necessary, proper, desirable, and reasonable, which tolls, rates, rents, and other charges shall be at least sufficient to meet interest and sinking-fund charges on bonds and obligations issued by the commission, the maintenance of such bridge, and the administrative expenses of the commission properly chargeable to such bridge. The commission is hereby authorized and empowered to pledge such tolls, rates, rents, and other revenues, or any part thereof, as security for the repayment, with interest, of any moneys borrowed by it or advanced to it for any of its authorized purposes, and as security for the satisfaction of any other obligation assumed by it in connection with such loans or advances. Article VI. Commission’s obligations not impaired.The Commonwealth of Pennsylvania and the State of New Jersey hereby covenant and agree with each other and with the holders of any bonds or other obligations of the commission, for which tolls, rents, rates, or other revenues have been pledged, that, so long as any of said bonds or obligations remain outstanding and unpaid (unless adequate provision is otherwise made by law for the protection of those advancing moneys upon such bonds or obligations), the Commonwealth of Pennsylvania and the State of New Jersey will not diminish or impair the power of the commission to own, operate, and control said properties and facilities, or to establish, levy, and collect tolls, rents, rates, and other charges in connection with such properties and facilities. The Commonwealth of Pennsylvania and the State of New Jersey hereby covenant and agree with each other and with the holders of any bonds or obligations of the commission, for which tolls, rents, rates, or other revenues shall have been pledged, that the said Commonwealth and State will not authorize or permit the construction, operation, and maintenance of any additional bridge or tunnel1063for the transportation of passengers by vehicles over the Delaware River by any other person or body, than the commission, within a distance of ten miles in either direction from any such toll bridge, measured along the boundary line between the said Commonwealth and the said State. Article VII. The bonds or obligations which may be issued by the commissionCommission’s bonds made State securities. for any of its authorized purposes, and as security for which tolls, rents, rates, and other revenues shall have been pledged, are hereby made securities in which all State and municipal officers and bodies of the Commonwealth of Pennsylvania and the State of New Jersey, and all banks, bankers, trust companies, savings banks, savings and loan associations, investment companies, and other persons carrying on a banking business, or insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees, and other fiduciaries, and all other persons whatsoever, who now or may hereafter be authorized to invest in bonds or other obligations of the Commonwealth of Pennsylvania or of the State of New Jersey, may properly and legally invest funds, including capital belonging to them or within their control; and said bonds or other obligations are hereby made securities which may properly and legally be deposited with and received by any State or municipal officer, or agency of the Commonwealth of Pennsylvania and the State of New Jersey, for any purpose for which the deposit of bonds or other obligations, either of the Commonwealth or of the State, is now or may hereafter be authorized. Article VIII. The effectuation of its authorized purposes by the commission isEffectuation of purposes. and will be in all respects for the benefit of the people of the Commonwealth of Pennsylvania and the State of New Jersey, and for the increase of their commerce and prosperity, and since the commission will be performing essential governmental functions in effectuating said purposes, the commission shall not be required to pay any taxes or assessments upon any property acquired or used by it for purposes authorized by this agreement; and the bonds or obligations issued by the commission, their transfer, and the income therefrom, including any profits made on the sale thereof, shall, at all times, be free from taxation within the Commonwealth of Pennsylvania and the State of New Jersey. Article IX. The commission shall make annual reports to the Governors andAnnual reports to be made. Legislatures of the Commonwealth of Pennsylvania and the State of New Jersey, setting forth in detail its operations and transactions, and may make such additional reports, from time to time, to the Governors and legislatures as it may deem advisable. Whenever the commission, after investigation and study, shall have concluded plans, with estimates of cost, and means of financing any new toll bridge across the Delaware River, as hereinbefore provided, it shall make to the legislatures of each State, at the next sessions thereof, a detailed report, dealing with the contemplated project; but such project may, nevertheless, be proceeded with if the legislatures of said States, or either of them, are not in session. 1064 Article X. Free bridge after payment of cost.Whenever particular bonds issued for any bridge or bridges, and the interest thereon, shall have been paid, or a sufficient amount shall have been provided for their payment and shall continue to be held for that purpose, the commission shall cease to charge tolls for the use of such bridge and thereafter such bridge shall be a free bridge, and shall thereafter be maintained equally at the cost of the Commonwealth of Pennsylvania and the State of New Jersey by appropriations made for such purposes, as now provided by law for the maintenance of bridges over the Delaware River acquired by the Commonwealth of Pennsylvania and the State of New Jersey. In witness whereof, this 18th day of December 1934, A. Harry Moore has affixed his signature hereto as Governor of the State of New Jersey and caused the great seal of the State to be attached thereto. [seal] A. Harry Moore, Governor, State of New Jersey. And, on this 19th day of December 1934, Gifford Pinchot has affixed his signature hereto as Governor of the Commonwealth of Pennsylvania and caused the great seal of the Commonwealth to be attached thereto. [seal] Gifford Pinchot, Governor, Commonwealth of Pennsylvania. Missouri River at Miami, Mo.missouri river at miami, missouri Sec. 10.

(a)That the consent of Congress is hereby granted to the county of Saline, Missouri, to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near Miami, Missouri, Construction.Vol. 34, p. 84; [U. S. C., p. 1474](/us/usc/p1474).in accordance with the provisions of an Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(a)That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the Perry County Bridge Commission of Perry County, Indiana, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Ohio River, at a point suitable to the interests of navigation, at or near Cannelton, Indiana, in accordance with the provisions of the Act entitled “An Act to regulate theConstruction.Vol. 34, p. 84. construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)There is hereby conferred upon the Perry County BridgeAcquisition for approaches, etc. Commission all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation 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.

(c)The said Perry County Bridge Commission is herebyTolls. authorized to fix and charge tolls for transit over such bridge, the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.Vol. 34, p. 85.

(d)In fixing the rates of toll to be charged for the use of suchTolls to be applied to operation, sinking fund, etc. bridge, the same 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 cost of such bridge and its approaches, including reasonable interest and financing cost, as soon as possible, under reasonable charges, but within a period of not to exceed twenty years from the completion thereof. After aMaintenance as free bridge, etc., after amortizing costs. sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the cost ofRecord of expenditures and receipts. the bridge and its approaches, the 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. tennessee river between dayton and decatur, tennesseeTennessee River between Dayton and Decatur, Tenn. Sec. 13.

(a)That the consent of Congress is hereby granted to the State of Tennessee, any political subdivision thereof within or adjoining which any part of the bridge herein referred to is located, any bridge district created or to be created by the State, or any two or more of them jointly, to construct, maintain, and operate a bridge and approaches thereto across the Tennessee River at a point suitable to the interests of navigation, at or near a point between Dayton and1066Decatur, Tennessee, in accordance with the provisions of the Act Construction.Vol. 34, p. 84; [U. S. C., p. 1474](/us/usc/p1474).entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(a)That the consent of Congress is hereby granted to J. L. Jones, Tyre W. Burton, and H. R. Turley, trustees for Howard County, Missouri, to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near Arrow Rock, Missouri, in Construction.Vol. 34, p. 84.accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)Tolls to be applied to operation, sinking fund, etc. If tolls are charged for the use of such bridge, the rates of toll shall be so adjusted as to provide a fund sufficient to pay 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 cost of the bridge and its approaches, including reasonable interest and financing cost, as soon as possible, under reasonable charges, but within a period of Maintenance as free bridge, etc., after amortizing costs.not to exceed twenty years from the completion thereof. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches Record of expenditures and receipts.under economical management. An accurate record of the costs of the bridge and its approaches, the 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. Columbia River at Astoria, Oreg.columbia river at astoria, oregon Sec. 15. Time extended for bridging.Vol. 48, p. 949.*Post*, p. 1104. That the times for commencing and completing the construction of a bridge across the Columbia River, at Astoria, Clatsop County, Oregon, authorized to be built by the Oregon-Washington Bridge Board of Trustees by an Act of Congress approved June 13, 1934, are hereby extended one and three years, respectively, from June 13, 1935. 1067 ohio river at louisville, kentuckyOhio River at Louisville, Ky. Sec. 16. That in the event that the Louisville Bridge CommissionTolls to be charged in event bridge refunding bonds are issued. shall issue bridge revenue refunding bonds for the purpose of refunding or renewing the outstanding city of Louisville Bridge Revenue 4½ per centum bonds, dated May 1, 1928, which were issued to provide funds for the construction of the bridge authorized by the Act of Congress approved February 25, 1928, entitled “An ActVol. 45, p, 146, amended. authorizing the city of Louisville, Kentucky, to construct, maintain, and operate a toll bridge across the Ohio River at or near said city”, the rates of toll to be charged for the use of said bridge 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 fund sufficient to pay the principal and interest and the redemption premium, if any, of such bridge revenue refunding bonds, as soon as possible under reasonable charges, but within a period not exceeding twenty years from the date of approval of this Act, and such tolls shall be continued until such payment shall have been made. After a fundMaintenance as free bridge, etc., after amortizing cost. sufficient for such payment shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. saint clair river at port huron, michiganSaint Clair River at Port Huron, Mich. Sec. 17.

(a)That in order to facilitate international commerce, improve the postal service, and provide for military and other purposes, the State of Michigan, by and through its State Bridge Commission, or the successors of said commission, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Saint Clair River, so far as the United States has jurisdiction over the waters of such river, at a point suitable to the interests of navigation, at or near Port Huron, Michigan, in accordance with the provisions of the Act entitled “AnConstruction.Vol. 34, p. 84; [U. S. C., p. 1474](/us/usc/p1474). Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act, and subject to the approval of the proper authorities in the Dominion of Canada.

(b)There is hereby conferred upon the State of Michigan and itsAcquisition of approaches, etc. State Bridge Commission, or the successors of said commission, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property in the State of Michigan 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 of Michigan, 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.

(c)The State of Michigan, by and through its State BridgeTolls. Commission, or the successors of said commission, is hereby authorized to fix and charge tolls for transit over such bridge in accordance with any laws of the State of Michigan applicable thereto, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of MarchVol. 34, p. 85; [U. S. C., p. 1474](/us/usc/p1474). 23, 1906. 1068

(a)That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the county of Atchison, State of Missouri, and the county of Nemaha, State of Nebraska, singly or jointly, be, and are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation? at or near Brownville. Nebraska, in accordance with the Construction.Vol. 34, p. 84.provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)Acquisition of approaches, etc. There is hereby conferred upon the county of Atchison, State of Missouri, and the county of Nemaha, State of Nebraska, singly or jointly, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation 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.

(c)Tolls.Vol. 34, p. 85. The said county of Atchison, State of Missouri, and the county of Nemaha, State of Nebraska, singly or jointly, are hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

(d)Tolls applied to operation, sinking fund, etc. In fixing the rates of toil to be charged for the use of such bridge the same 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 cost of such bridge and its approaches, including reasonable interest and financing cost, as soon as possible, under reasonable charges, but within a period of Maintenance as free bridge, etc., after amortizing costs.not to exceed twenty years from the completion thereof. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper mainte-1069nance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the cost of the bridgeRecord of expenditures and receipts. and its approaches, the 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. mississippi river at natchez, mississippiMississippi River at Natchez, Miss. Sec. 19.

(a)That in order to promote interstate commerce, improve*Post*, p. 1255. the postal service, and provide for military and other purposes, the city of Natchez, State of Mississippi, and the county of Adams, State of Mississippi, singly or jointly, be, and are hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Mississippi River, at a point suitable to the interests of navigation, at or near Natchez, State of Mississippi, in accordance with the provisions of the Act entitled “An Act to regulate theConstruction.Vol. 34, p. 84. construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)There is hereby conferred upon said city and county, actingAcquisition of approaches, etc. singly or jointly, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess and use real estate and other property needed for the location, construction, maintenance, and operation 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.

(c)The said city and county, acting singly or jointly, are herebyTolls.Vol. 34, p. 85. authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

(d)In fixing the rates of toll to be charged for the use of suchTolls to be applied to operation, sinking fund, etc. bridge the same 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 cost of such bridge and its approaches, including reasonable interest and financing cost, as soon as possible, under reasonable charges, but within a period of not to exceed twenty years from the completion thereof. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the cost ofRecord of expenditures and receipts. the bridge and its approaches, the 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. ouachita river at monroe, louisianaOuachita River at Monroe, La. Sec. 20. That the Act approved January 26, 1925, heretoforeTime extended for bridging.Vol. 43, p. 791; Vol. 45, p. 57; Vol. 46, p. 1038, amended. extended by Acts of Congress approved February 6, 1928, and January 15, 1931, granting the consent of Congress to the Louisiana Highway Commission to construct, maintain, and operate a bridge and approaches thereto across the Ouachita River, at or near Monroe,1070 *Proviso*.Time limitation.Louisiana, be and is hereby revived and reenacted: *Provided*, That this Act shall be null and void unless the actual construction of the bridge herein referred to be commenced within one year and completed within three years from the date of approval hereof. Red River at Alexandria, La.red river at alexandria, louisiana Sec. 21. Time extended for bridging.Vol. 46, p. 1037, amended. That the Act approved January 15, 1931, granting the consent of Congress to the Louisiana Highway Commission to construct, maintain, and operate a bridge and approaches thereto across the Red River, at or near Alexandria, Louisiana, be and is hereby *Proviso*.Time limitation.revived and reenacted: *Provided*, That this Act shall be null and void unless the actual construction of the bridge herein referred to be commenced within one year and completed within three years from the date of approval hereof. Missouri River st. Saint Charles, Mo.missouri river at saint charles, missouri Sec. 22. Time extended for bridging.Vol. 45, p. 1511; Vol. 47, p. 82. amended. That the Act approved March 2, 1929, heretofore extended by an Act of Congress approved April 15, 1932, authorizing the Saint Louis-Kansas City Short Line Railroad Company to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at or near Saint Charles, Missouri, be and is hereby *Proviso*.Time limitation.revived and reenacted: *Provided*, That this Act shall be null and void unless the actual construction of the bridge herein referred to be commenced within one year and completed within three years from the date of approval hereof. Missouri River at Arrow Rock, Mo.missouri river at arrow rock, missouri Sec. 23. Time extended for bridging.Vol 45, p. 1511; Vol. 47, p. 82, amended. That the Act approved March 2, 1929, heretofore extended by an Act of Congress approved April 15, 1932, authorizing the Saint Louis-Kansas City Short Line Railroad Company to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at or near Arrow Rock, Missouri, be and is hereby revived *Proviso*.Time limitation.and reenacted: *Provided*, That tins Act shall be null and void unless the actual construction of the bridge herein referred to be commenced within one year and completed within three years from the date of approval hereof. easement over government land near natchitoches, louisiana Sec. 24. Natchitoches, La.Easement over Government land near. That the Secretary of Commerce be, and he is hereby, authorized and directed to grant to the State of Louisiana an easement over a strip of land situated in the western portion of the Natchitoches (Louisiana) fisheries station property in Natchitoches Parish in said State, for State highway purposes; said strip of land, which consists of three and forty-one one-hundredths acres, more or less, to be particularly described in said grant. Savannah River at Lincolnton, Ga.savannah river at lincolnton, georgia Sec. 25. Time extended for bridging.Vol. 47, p. 903, amended. That the times for commencing and completing the construction of a bridge across the Savannah River at or near Lincolnton, Georgia, authorized to be built by the State of Georgia by an Act of Congress approved February 24, 1933, are hereby extended one and three years, respectively, from February 24, 1936. Savannah River at Burtons Ferry, Ga.savannah river at burtons ferry, georgia Sec. 26. Time extended for bridging.Vol. 45, p. 751; Vol. 47, p. 135; Vol. 48, p. 946.*Post*, p. 1537. That the times for commencing and completing the construction of a bridge across the Savannah River at or near Burtons Ferry, near Sylvania, Georgia, authorized to be built by the South Carolina and Georgia State Highway Departments by an Act of1071Congress approved May 26, 1928, heretofore revived and reenacted by an Act of Congress approved April 22, 1932, and heretofore extended by Acts of Congress approved May 27, 1933, and June 12, 1934, are hereby further extended one and three years, respectively, from the date of approval hereof. colorado river at parker, arizonaColorado River at Parker, Artz. Sec. 27.

(a)That in order to promote interstate commerce, improve the Postal Service, and provide for military and other purposes, the Arizona State Highway Commission be and is hereby authorized to construct, maintain, and operate a bridge and approaches thereto across the Colorado River, at a point suitable to the interests of navigation, at or near Parker, Arizona, in accordance with the provisions of the Act entitled “An Act to regulate the constructionConstruction.Vol. 34, p. 84; [U. S. C., p. 1474](/us/usc/p1474). of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)There is hereby conferred upon the Arizona State HighwayAcquisition of approaches, etc. Commission all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation 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.

(c)The said Arizona State Highway Commission is herebyTolls.Vol. 34, p. 85; [U. S. C., p. 1474](/us/usc/p1474). authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

(d)In fixing the rates of toll to be charged for the use of suchTolls applied to operation, sinking fund, etc. bridge the same 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 cost of such bridge and its approaches, including reasonable interest and financing cost, as soon as possible, under reasonable charges, but within a period of not to exceed 20 years from the completion thereof. AfterMaintenance as free bridge after amortizing exists. a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the cost ofRecord of expenditures and receipts. the bridge and its approaches, the 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. st. croix river at hudson, wisconsinSt. Croix River at Hudson, Wis. Sec. 28. (a). That in order to facilitate interstate commerce, improve the Postal Service, and provide for military and other purposes, the Highway Commission of the State of Wisconsin and the Department of Highways of the State of Minnesota are hereby authorized to construct, maintain, and operate a free highway bridge and approaches thereto across the St. Croix River, at a point suitable to the interests of navigation, at or near the city of Hudson,1072Construction.Vol. 34, p. 84.Wisconsin, in accordance with the provisions of an act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906.

(b)Acquisition of approaches, etc. There is hereby conferred upon the Highway Commission of the State of Wisconsin and the Department of Highways of the State of Minnesota all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property 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. Missouri River at Decatur. Nebr.*Post*, p. 1530.missouri river at decatur, nebraska Sec. 29.

(a)That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the county of Burt, State of Nebraska, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River at a point suitable to the interests of navigation between the towns of Decatur, Nebraska, and Onawa, Iowa, in accordance with the provisions of the Act Construction.Vol. 34, p. 84.entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)Acquisition of approaches, etc. There is hereby conferred upon the county of Burt, State of Nebraska, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation 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.

(c)Tolls.Vol. 34, p. 85. The said county of Burt, State of Nebraska, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority 11So in original. contained in the Act of March 23, 1906.

(b)There is hereby conferred upon the county of Dakota, StateAcquisition of approaches, etc. of Nebraska, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation 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.

(c)The said county of Dakota, State of Nebraska, is herebyTolls.Vol. 34, p. 85. authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

(b)Tolls to be applied to operation, sinking fund, etc. If tolls are charged for the use of such bridge and causeway, the rates of toll shall be so adjusted as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing, and operating the bridge, causeway, and its approaches under economical management, and to provide a sinking fund sufficient to amortize the cost of the bridge, causeway, and its approaches, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed 20 years from the completion thereof. Maintenance as free bridge, etc., after amortizing costs.After a sinking fund sufficient for such amortization shall have been so provided, such bridge and causeway shall thereafter be maintained and operated free of tolls, or the rates of tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge, Record of expenditures and receipts.causeway, and its approaches under economical management. An accurate record of the cost of the bridge, causeway, and its approaches; the 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. Missouri River at Niobrara, Nebr.missouri river at niobrara, nebraska Sec. 32. *Post*, p. 1354.

(a)That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the village board of the village of Niobrara, county of Knox, State of Nebraska, be, and is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River, at a point suitable to the interests of navigation, at or near Niobrara, Construction.Vol. 34, p. 84; [U. S. C., p. 1474](/us/usc/p1474).Nebraska, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act.

(b)Acquisition of approaches, etc. There is hereby conferred upon the Village Board of the Village of Niobrara, county of Knox, State of Nebraska, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation 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.

(c)Tolls.Vol. 34, p. 85; [U. S. C., p. 1474](/us/usc/1474). The said Villiage 11So in original. Board of the Villiage 11So in original. of Niobrara, county of Knox, State of Nebraska, is hereby authorized to fix the charge tolls for transit over such bridge, and' the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906.

(d)Tolls to be applied to operation, sinking fund, etc. In fixing the rates of toll to be charged for the use of such bridge the same 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 cost of such bridge1075and its approaches, including reasonable interest and financing cost, as soon as possible, under reasonable charges, but within a period of not to exceed 20 years from the completion thereof. After aMaintenance as free bridge after amortizing costs. sinking 11So in original. sufficient for amortization shall have been so provided, said bridge shall thereafter be maintained and operated free of tolls, or the rates of toll shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. An accurate record of the cost of the bridge and itsRecord of expenditures end receipts. approaches, the expenditures for maintaining, repairing, and operating the same, anti of the daily tolls collected shall be kept and shall be available for the information of all persons interested. Sec. 33. The right to alter, amend, or repeal this Act is herebyAmendment. expressly reserved. Approved, August 30, 1935. To amend an Act entitled “An Act to improve the navigability and to provide for the flood control of the Tennessee River; to provide for reforestation and the proper use of marginal lands in the Tennessee Valley; to provide for the agricultural and industrial development of said valley; to provide for the national defense by the creation of a corporation for the operation of Government properties at and near Muscle Shoals in the State of Alabama, and for other purposes” approved May 18, 1933. 1935-08-31 49 Stat. 1075 836 Chapter 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 836.] AN ACT To amend an Act entitled “An Act to improve the navigability and to provide for the flood control of the Tennessee River; to provide for reforestation and the proper use of marginal lands in the Tennessee Valley; to provide for the agricultural and industrial development of said valley; to provide for the national defense by the creation of a corporation for the operation of Government properties at and near Muscle Shoals in the State of Alabama, and for other purposes” approved May 18, 1933. August 31, 1935.[[H. R. 8632](/us/bill/74/hr/8632).][[Public, No. 412](/us/74/pl/412).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That subdivisionTennessee Valley Authority Act of 1933; amendments.Vol. 48, p. 60; [U. S. C., p. 702](/us/usc/p702).*Post*, p. 1607.

(i)of section 4 of the Act entitled “An Act to improve the navigability and to provide for the flood control of the Tennessee River; to provide for reforestation and the proper use of marginal lands in the Tennessee Valley; to provide for the agricultural and industrial development of said valley; to provide for the national defense by the creation of a corporation for the operation of Government properties at and near Muscle Shoals in the State of Alabama, and for other purposes”, approved May 18, 1933, be, and the same is hereby, amended by adding thereto the following proviso: “*Provided*, ThatRights of Corporation.Vol. 46, p. 1421; [U. S. C., p. 1786](/us/usc/p1786). nothing contained herein or elsewhere in this Act shall be construed to deprive the Corporation of the rights conferred by the Act of February 26, 1931 (46 Stat. 1422, ch. 307, secs. 1 to 5, inclusive), as now compiled in section 258a to 258e, inclusive, of Title 40 or the United States Code.” Sec. 2. That subdivision

(j)of said section 4 of said Act be, andVol. 48, p. 61; [U. S. C., p. 702](/us/usc/p702). the same is hereby, amended to road as follows:" “(j) Shall have power to construct such dams, and reservoirs, inPowers of Corporation.Construction of dams and reservoirs; location. the Tennessee River and its tributaries, as in conjunction with Wilson Dam, and Norris, Wheeler, and Pickwick Landing Dams, now under construction, will provide a nine-foot channel in the said river and maintain a water supply for the same, from Knoxville to its mouth, and will best serve to promote navigation on the Tennessee River and its tributaries and control destructive flood waters in the Tennessee and Mississippi River drainage basins; and shall have powerAcquisition or construction of power houses, transmission lines, etc. to acquire or construct power houses, power structures, transmission lines, navigation projects, and incidental works in the Tennessee River and its tributaries, and to unite the various power installations into one or more systems by transmission lines. The directors of theRecommendations for unified development of Tennessee River system. Authority are hereby directed to report to Congress their recommendations not later than April 1, 1936, for the unified development of the Tennessee River system.” " 1076 Sec. 3. Vol. 48, p. 61. That said section 4 of said Act be, and the same is hereby, further amended by adding a new subdivision, (k), at the end of said section as follows:" “(k) Authority for disposal of unnecessary real property. At any time before the expiration of five years from the date when this section, as amended, becomes law may in the name of and as agent for the United States and subject to approval of the President, dispose of any of such real property as in the judgment of the Board may be no longer necessary in carrying out the purposes of this Act, but no land shall be conveyed on which there is a permanent dam, hydraulic power plant, fertilizer plant or munitions plant, heretofore or hereafter built by or for the United States or for the Authority.” " Sec. 4. Vol. 48, p. 61; [U. S. C., p. 703](/us/usc/p703). That subdivision

(c)of section 5 of said Act be, and the same is hereby, amended to read as follows:" “(c)” Authority of Board to cooperate for use of new forms of fertilizer. To cooperate with National, State, district, or county experimental stations or demonstration farms, with farmers, landowners, and associations of farmers or landowners, for the use of new forms of fertilizer or fertilizer practices during the initial or experimental period of their introduction, and for promoting the prevention of soil erosion by the use of fertilizers and otherwise.” " Sec. 5. Vol. 48, p. 64. That said Act be, and the same is hereby, further amended by adding a new section after section 9 of said Act, as follows:" “Sec. 9a. Regulation of stream flow at dams. The Board is hereby directed in the operation of any dam or reservoir in its possession and control to regulate the stream flow primarily for the purposes of promoting navigation and controlling Operation of facilities for power development.floods. So far as may be consistent with such purposes, the Board is authorized to provide and operate facilities for the generation of electric energy at any such dam for the use of the Corporation and for the use of the United States or any agency thereof, and the Board is further authorized, whenever an opportunity is afforded, to provide and operate facilities for the generation of electric energy in order to avoid the waste of water power, to transmit and market such power as in this act provided, and thereby, so far as may be practicable, to assist in liquidating the cost or aid in the maintenance of the projects of the Authority.” " Sec. 6. Vol. 48, p. 64; [U. S. C., p. 704](/us/usc/p704).Sales of surplus power; terms and conditions of contracts. That section 10 of said Act be, and the same is hereby, amended by adding thereto a proviso as follows: “*Provided further*, That the Board is authorized to include in any contract for the sale of power such terms and conditions, including resale rate schedules, and to provide for such rules and regulations as in its judgment may be necessary or desirable for carrying out the purposes of this Voiding contract on failure to comply.Act, and in case the purchaser shall fail to comply with any such terms and conditions, or violate any such rules and regulations, said contract may provide that it shall be voidable at the election of the Acquisition of existing facilities.Board: *Provided further*, That in order to supply farms and small villages with electric power directly as contemplated by this section, the Board in its discretion shall have power to acquire existing electric facilities used in serving such farms and small villages: *And provided further*, Terms construed.“States”; “counties”; “municipalities.”That the terms ‘States ’, ‘counties ’, and ‘municipalities’ as used in this Act shall be construed to include the public agencies of any of them unless the context requires a different construction.” Sec. 7. Vol. 48, p. 66; [U. S. C., p. 704](/us/usc/p704). That said Act be, and the same is hereby, further amended by adding a new section after section 12 of said Act, as follows:" “Sec. 12a. Authority of Board to extend credit for acquiring distribution facilities, etc. In order

(1)to facilitate the disposition of the surplus power of the Corporation according to the policies set forth in this Act;

(2)to give effect to the priority herein accorded to States, counties, municipalities, and nonprofit organizations in the purchase1077of such power by enabling them to acquire facilities for the distribution of such power; and

(3)at the same time to preserve existing distribution facilities as going concerns and avoid duplication of such facilities, the Board is authorized to advise and cooperate with and assist, by extending credit for a period of not exceeding five years to. States, Counties, municipalities and nonprofit organizations situated within transmission distance from any dam where such power is generated by the Corporation in acquiring, improving, and operating

(a)existing distribution facilities and incidental works, including generating plants; and

(b)interconnecting transmission lines; or in acquiring any interest in such facilities, incidental works, and lines.” " Sec. 8. That said Act be, and the same is hereby, further amendedVol. 48, p. 66; [U. S. C., p. 705](/us/usc/p705). by adding to section 14 of said Act the following:" “The Board shall, on or before January 1, 1937, file with CongressStatement of allocation of properties turned over to Board; filing. a statement of its allocation of the value of all such properties turned over to said Board, and which have been completed prior to the end of the preceding fiscal year, and shall thereafter in its annual report to Congress file a statement of its allocation of the value of such properties as have been completed during the preceding fiscal year. “For the purpose of accumulating data useful to the Congress inAccounts to be kept. the formulation of legislative policy in matters relating to the generation, transmission, and distribution of electric energy and the production of chemicals necessary to national defense and useful in agriculture, and to the Federal Power Commission and other Federal and State agencies, and to the public, the Board shall keep complete accounts of its costs of generation, transmission, and distribution of electric energy and shall keep a complete account of the total cost of generating and transmission facilities constructed or otherwise acquired by the Corporation, and of producing such chemicals, and a description of the major components of such costs according to such uniform system of accounting for public utilities as the Federal Power Commission has, and if it have none, then it is herebyUniform systems. empowered and directed to prescribe such uniform system of accounting, together with records of such other physical data and operating statistics of the Authority as may be helpful in determining the actual cost and value of services, and the practices, methods, facilities, equipment, appliances, and standards and sizes, types, location, and geographical and economic integration of plants and systems best suited to promote the public, interest, efficiency, and the wider and more economical use of electric energy. Such data shall be reportedReport to Congress. to the Congress by the Board from time to time with appropriate analyses and recommendations, and, so far as practicable, shall beAvailable to Federal Power Commission. made available to the Federal Power Commission and other Federal and State agencies which may be concerned with the administration of legislation relating to the generation, transmission, or distribution of electric energy and chemicals useful to agriculture. It is herebyDeclaration of policy respecting sale rate of surplus power. declared to be the policy of this Act that, in order, as soon as practicable, to make the power projects self-supporting and self-liquidating, the surplus power shall be sold at rates which, in the opinion of the Board, when applied to the normal capacity of the Authority’s power facilities, will produce gross revenues in excess of the cost of production of said power and in addition to the statement of the cost of power at each power station as required by section 9

(a)ofStatement to be included in annual report. the ‘Tennessee Valley Act of 1933 ’, the Board shall file with each annual report, a statement of the total cost of all power generated by it at all power stations during each year, the average cost of such power per kilowatt hour, the rates at which sold, and to whom sold, and copies of all contracts for the sale of power.” " 1078 Sec. 9. Vol. 48, p. 67. That said Act be and the same is hereby further amended by adding after section 15 of said Act a new section as follows:" “Sec. 15a. Bond issue; aggregate amount. With the approval of the Secretary of the Treasury, the Corporation is authorized to issue bonds not to exceed in the aggregate $50,000,000 outstanding at any one time, which bonds may Sale.be sold by the Corporation to obtain funds to carry out the provisions Forms and denominations.of section 7 of this amendatory Act. Such bonds shall be in such forms and denominations, shall mature within such periods not Redemption.more than fifty years from the date of their issue, may be redeemable at the option of the Corporation before maturity in such manner as Interest rates.may be stipulated therein, shall bear such rates of interest not exceeding 3½ per centum per annum, shall be subject to such terms and conditions, shall be issued in such manner and amount, and sold at such prices, as may be prescribed by the Corporation, with the *Proviso*.Annual investment yield.approval of the Secretary of the Treasury: *Provided*, That such bonds shall not be sold at such prices or on such terms as to afford an investment yield to the holders in excess of 3½ per centum per Guaranty of interest and principal.annum. Such bonds shall be fully and unconditionally guaranteed both as to interest and principal by the United States, and such guaranty shall be expressed on the face thereof, and such bonds shall be lawful investments, and may be accepted as security, for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of the United States or any Payments by Secretary of the Treasury.officer or officers thereof. In the event that the Corporation should not pay upon demand, when due, the principal of, or interest on, such bonds, the Secretary of the Treasury shall pay to the holder the amount thereof, which is hereby authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated, and thereupon to the extent of the amount so paid the Secretary of the Treasury shall succeed to all the rights of the holders of such bonds. Purchases by.The Secretary of the Treasury, in his discretion, is authorized to purchase any bonds issued hereunder, and for such purpose the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds from the sale of any securities hereafter issued *Ante*, p. 20.under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under such Act, as amended, are extended to include any purchases of the Corporation’s bonds hereunder. Sales by.The Secretary of the Treasury may, at any time, sell any of the bonds of the Corporation acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of the bonds of the Corporation shall be treated as public-debt Purchases by Corporation.transactions of the United States. With the approval of the Secretary of the Treasury, the Corporation shall have power to purchase Approval of contracts by Federal Power Commission.such bonds in the open market at any time and at any price. No bonds shall be issued hereunder to provide funds or bonds necessary for the performance of any proposed contract negotiated by the Corporation under the authority of section 7 of this amendatory Act until the proposed contract shall have been submitted to and Consideration of proposed contracts.approved by the Federal Power Commission. When any such proposed contract shall have been submitted to the said Commission, the matter shall be given precedence and shall be in every way expedited Expiration of authority to issue bonds.and the Commission’s determination of the matter shall be final. The authority of the Corporation to issue bonds hereunder shall expire at the end of five years from the date when this section as amended herein becomes law, except that such bonds may be issued at any time after the expiration of said period to provide bonds or funds necessary for the performance of any contract entered into by the Corporation, prior to the expiration of said period, under the authority of section 7 of this amendatory Act.” " 1079 Sec. 10. That section 26 of said Act be, and the same is hereby,Vol. 48, p. 71; [U. S. C., p. 708](/us/usc/p708). amended to read as follows:" “Sec. 26. Commencing July 1, 1936, the proceeds for each fiscalProceeds from power sales, disposition of property, etc. year derived by the Board from the sale of power or any other products manufactured by the Corporation, and from any other activities of the Corporation including the disposition of any real or personal property, shall be paid into the Treasury of the UnitedDeposit. States at the end of each calendar year, save and except such part of such proceeds as in the opinion of the Board shall be necessary for the Corporation in the operation of dams and reservoirs, in conducting its business in generating, transmitting, and distributing electric energy and in manufacturing, selling, and distributing fertilizer and fertilizer ingredients. A continuing fund of $1,000,000 is alsoWithholding continuing fund. excepted from the requirements of this section and may be withheld by the Board to defray emergency expenses and to insure continuous operation: *Provided*, That nothing in this section shall be construed*Proviso*.Use of proceeds accruing prior to July 1, 1936. to prevent the use by the Board, after June 30, 1936, of proceeds accruing prior to July 1, 1936, for the payment of obligations lawfully incurred prior to such latter date.” " Sec. 11. That said Act be, and the same is hereby, further amendedVol. 48, p. 71. by adding after section 26 of said Act a new section, as follows:" “Sec. 26a. The unified development and regulation of the TennesseeProhibition on constructions affecting navigation on Tennessee River system; approval required. River system requires that no dam, appurtenant works, or other obstruction, affecting navigation, flood control, or public lands or reservations shall be constructed, and thereafter operated or maintained across, along, or in the said river or any of its tributaries until Elans for such construction, operation, and maintenance shall have been submitted to and approved by the Board; and the construction, commencement of construction, operation, or maintenance of such structures without such approval is hereby prohibited. When such plans shall have been approved, deviation therefrom either before or after completion of such structures is prohibited unless the modification of such plans has previously been submitted to and approved by the Board. “In the event the Board shall, within sixty days after their formalApproval of plans when Board falls to approve. submission to the Board, fail to approve any plans or modifications, as the case may be, for construction, operation, or maintenance of any such structures on the Little Tennessee River, the above requirements shall be deemed satisfied, if upon application to the Secretary of War, with due notice to the Corporation, and hearing thereon, such plans or modifications are approved by the said Secretary of War as reasonably adequate and effective for the unified development and regulation of the Tennessee River system. “Such construction, commencement of construction, operation, orInjunction to restrain violations. maintenance of any structures or parts thereof in violation of the provisions of this section may be prevented, and the removal or discontinuation thereof required by the injunction or order of any district court exercising jurisdiction in any district in which such structures or parts thereof may be situated, and the Corporation is hereby authorized to bring appropriate proceedings to this end. “The requirements of this section shall not be construed to be aRequirements to be additional to existing laws. substitute for the requirements of any other law of the United States or of any State, now in effect or hereafter enacted, but shall be in addition thereto, so that any approval, license, permit, or other sanction now or hereafter required by the provisions of any such law for the construction, operation, or maintenance of any structures whatever, except such as may be constructed, operated, or maintained by the Corporation, shall be required, notwithstanding the provisions of this section.” " 1080 Sec. 12. Vol. 48, p. 72. That said Act be, and the same is hereby, further amended by adding at the end of said Act a new section, as follows:" “ Sec. 31. Construction of Act. This Act shall be liberally construed to carry out the purposes of Congress to provide for the disposition of and make needful rules and regulations respecting Government properties entrusted to the Authority, provide for the national defense, improve navigation, control destructive floods, and promote interstate commerce and the general welfare, but no real estate shall be held except what is necessary in the opinion of the Board to carry out plans and *Proviso*.Disposition of unnecessary lands.projects actually decided upon requiring the use of such land: *Provided*, That any land purchased by the Authority and not necessary to carry out plans and projects actually decided upon shall be sold by the Authority as agent of the United States, after due advertisement, at public auction to the highest bidder, or at private sale as provided in section 3 of this amendatory Act.” " Sec. 13. Vol. 48. p. 61. That section 4 of said Act of May 18, 1933 (48 Stat. 58), be amended by adding subsection

(l)as follows:" “(l) Power of Corporation.Readjustment of population displaced by dam construction, etc. Shall have power to advise and cooperate in the readjustment of the population displaced by the construction of dams, the acquisition of reservoir areas, the protection of watersheds, the acquisition of rights-of-way, and other necessary acquisitions of land, in order to effectuate the purposes of the Act; and may cooperate with Federal, State, and local agencies to that end.” " Sec. 14. Vol. 48, p. 63; [U. S. C., p. 704](/us/usc/p704). That subsection

(b)of section 9 of said Act be and the same is hereby amended to read as follows:" “(b) Purchases and contracts for supplies; advertising. All purchases and contracts for supplies or services, except for personal services, made by the Corporation, shall be made after advertising, in such manner and at such times sufficiently in advance of opening bids, as the Board shall determine to be adequate to insure *Proviso*.When advertising waived.notice and opportunity for competition: *Provided*, That advertisement shall not be required when,

(1)an emergency requires immediate delivery of the supplies or performance of the services; or

(2)repair parts, accessories, supplemental equipment, or services are required for supplies or services previously furnished or contracted for; or

(3)the aggregate amount involved in any purchase of supplies or procurement of services does not exceed $500; in which cases such purchases of supplies or procurement of services may be made in the open market in the manner common among businessmen: *Provided further*, Factors to be considered In comparing bids.That in comparing bids and in making awards the Board may consider such factors as relative quality and adaptability of supplies or services, the bidder’s financial responsibility, skill, experience, record of integrity in dealing, ability to furnish repairs and maintenance services, the time of delivery or performance offered, and whether the bidder has complied with the specifications. Audit of transactions.“The Comptroller General of the United States shall audit the transactions of the Corporation at such times as he shall determine, but not less frequently than once each governmental fiscal year, with Access to books, etc.personnel of his selection. In such connection he and his representatives shall have free and open access to all paper’s, books, records, files, accounts, plants, warehouses, offices, and all other things, property, and places belonging to or under the control of or used or employed by the Corporation, and shall be afforded full facilities for counting all cash and verifying transactions with and balances in Report of audit.depositaries. He shall make report of each such audit in quadruplicate, one copy for the President of the United States, one for the chairman of the Board, one for public inspection at the principal office of the Corporation, and the other to be retained by him for1081the uses of the Congress: *Provided*, That such report shall not be*Proviso*. Examination of report. made until the Corporation shall have had reasonable opportunity to examine the exceptions and criticisms of the Comptroller General or the General Accounting Office, to point out errors therein, explain or answer the same, and to file a statement which shall be submitted by the Comptroller General with his report. The expenses for eachExpenses of audit. such audit shall be paid from any appropriation or appropriations for tile General Accounting Office, and such part of such expenses as may be allocated to the cost of generating, transmitting, and distributing electric energy shall be reimbursed promptly by the Corporation as billed by the Comptroller General. The ComptrollerSpecial report. General shall make special report to the President of the United States and to the Congress of any transaction or condition found by him to be in conflict with the powers or duties entrusted to the Corporation by law.” " Sec. 15. That the sections of this Act are hereby declared to beSeparability clause. separable, and in the event of any one or more sections of this Act, or parts thereof, be held to be unconstitutional, such holding shall not affect the validity of other sections or parts of this Act. Approved, August 31, 1935. Providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war. 1935-08-31 49 Stat. 1081 837 Chapter 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 837.] JOINT RESOLUTION Providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war. August 31, 1935.[[S. J. Res. 173](/us/bill/74/sjres/173).][[Pub. Res., No. 67](/us/bill/74/pubres/67).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That upon theNeutrality; prohibition on export of arms and munitions of war. *Post*, p. 1152. outbreak or during the progress of war between, or among, two or more foreign states, the President shall proclaim such fact, and it shall thereafter be unlawful to export arms, ammunition, or implements of war from any place in the United States, or possessions of the United States, to any port of such belligerent states, or to any neutral port for transshipment to, or for the use of, a belligerent country. The President, by proclamation, shall definitely enumerate thePresident to definitely enumerate prohibited exports. arms, ammunition, or implements of war, the export of which is prohibited by this Act. The President may, from time to time, by proclamation, extendExtension of embargo to other States. such embargo upon the export of arms, ammunition, or implements of war to other states as and when they may become involved in such war. Whoever, in violation of any of the provisions of this section,Penalty for violation. shall export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from the United States, or any of its possessions, shall be fined not more than $10,000 or imprisoned not more than five years, or both, and the property, vessel, or vehicleSeizure and forfeiture.Vol. 40, p. 223; [U. S. C., p. 962](/us/usc/p962). containing the same shall be subject to the provisions of sections 1 to 8, inclusive, title 6, chapter 30, of the Act approved June 15, 1917 (40 Stat. 223–225; U. S. C., title 22, secs. 238–245). In the case of the forfeiture of any arms, ammunition, orDisposition of seized munitions. implements of war by reason of a violation of this Act, no public or private sale shall be required; but such arms, ammunition, or implements of war shall be delivered to the Secretary of War for such use or disposal thereof as shall be approved by the President of the United States. 1082 Revocation of proclamation.When in the judgment of the President the conditions which have caused him to issue his proclamation have ceased to exist he shall revoke the same and the provisions hereof shall thereupon cease to apply. Duration of Act.Except with respect to prosecutions committed or forfeitures incurred prior to March 1, 1936, this section and all proclamations issued thereunder shall not be effective after February 29, 1936. Sec. 2. That for the purposes of this Act—

(a)National Munitions Control Board; establishment. The term “Board’ means the National Munitions Control Board which is hereby established to carry out the provisions of this Composition.Act. The Board shall consist of the Secretary of State, who shall be chairman and executive officer of the Board; the Secretary of the Treasury; the Secretary of War; the Secretary of the Navy; Administration of Act.and the Secretary of Commerce. Except as otherwise provided in this Act, or by other law, the administration of this Act is vested in the Department of State;

(b)Definitions. “United States.” The term “United States” when used in a geographical sense, includes the several States and Territories, the insular possessions of the United States (including the Philippine Islands), the Canal Zone, and the District of Columbia;

(c)“Person.” The term “person” includes a partnership, company, association, or corporation, as well as a natural person. Registration of persons engaging in manufacture or traffic in munitions.Within ninety days after the effective date of this Act, or upon first engaging in business, every person who engages in the business of manufacturing, exporting, or importing any of the arms, ammunition, and implements of war referred to in this Act, whether as an exporter, importer, manufacturer, or dealer, shall register with the Secretary or State his name, or business name, principal place of business, and places of business in the United States, and a list of the arms, ammunition, and implements of war which he manufactures, imports, or exports. Requirements.Every person required to register under this section shall notify the Secretary of State of any change in the arms, ammunition, and implements of war which he exports, imports, or manufactures; and upon such notification the Secretary of State shall issue to such person an amended certificate of registration, free of charge, which shall remain valid until the date of expiration of the original certificate. Every person required to register under the provisions of this section Registration fee.shall pay a registration fee of $500, and upon receipt of such fee the Secretary of State shall issue a registration certificate valid for Issue of registration certificate; renewals.five years, which shall be renewable for further periods of five years upon the payment of each renewal of a fee of $500. Requirement of license for exporting or importing.It shall be unlawful for any person to export, or attempt to export, from the United States any of the arms, ammunition, or implements of war referred to in this Act to any other country or to import, or attempt to import, to the United States from any other country any of the arms, ammunition, or implements of war referred to in this Act without first having obtained a license therefor. Records to be maintained.All persons required to register under this section shall maintain, subject to the inspection of the Board, such permanent records of manufacture for export, importation, and exportation of arras, ammunition, and implements of war as the Board shall prescribe. Issue of licenses.Licenses snail be issued to persons who have registered as provided for, except in cases of export or import licenses where exportation of arms, ammunition, or implements of war would be in violation of this Act or any other law of the United States, or of a treaty to which the United States is a party, in which cases such licenses shall not be issued. 1083 The Board shall be called by the Chairman and shall hold at leastMeetings of Board. one meeting a year. No purchase of arms, ammunition, and implements of war shallRestriction on purchases from person failing to register. be made on behalf of the United States by any officer, executive department, or independent establishment of the Government from any person who shall have failed to register under the provisions of this Act. The Board shall make an annual report to Congress, copies ofAnnual report of Board. which shall be distributed as are other reports transmitted to Congress. Such report shall contain such information and dataContents. collected by the Board as may be considered of value in the determination of questions connected with the control of trade in arms, ammunition, and implements of war. It shall include a list of all persons required to register under the provisions of this Act, and lull information concerning the licenses issued hereunder. The Secretary of State shall promulgate such rules andEnforcement rules and regulations. regulations with regard to the enforcement of this section as he may deem necessary to carry out its provisions. The President is hereby authorized to proclaim upon Proclamation of articles considered arms, ammunition, etc. *Post*, pp. 3471, 3503.recommendation of the Board from time to time a list of articles which shall be considered arms, ammunition, and implements of war for the purposes of this section. This section shall take effect on the ninetieth day after the dateEffective date of section. of its enactment. Sec. 3. Whenever the President shall issue the proclamationCarriage by American vessel of arms, etc., to port of belligerent. provided for in section 1 of this Act, thereafter it shall be unlawful for any American vessel to carry any arms, ammunition, or implements of war to any port of the belligerent countries named in such proclamation as being at war, or to any neutral port for transshipment to, or for the use of, a belligerent country. Whoever, in violation of the provisions of this section, shall take,Penalty for violation. attempt to take, or shall authorize, hire, or solicit another to take any such vessel carrying such cargo out of port or from the jurisdiction of the United States shall be fined not more than $10,000 or imprisoned not more than five years, or both; and, in addition, such vessel, her tackle, apparel, furniture, equipment, and the arms, ammunition, and implements of war on board shall be forfeited to the United States. When the President finds the conditions which have caused himRevocation of proclamation. to issue his proclamation have ceased to exist, he shall revoke his proclamation, and the provisions of this section shall thereupon cease to apply. Sec. 4. Whenever, during any war in which the United StatesProhibition against vessels carrying arms, etc., out of United States ports. is neutral, the President, or any person thereunto authorized by him, shall have cause to believe that any vessel, domestic or foreign, whether requiring clearance or not, is about to carry out of a port of the United States, or its possession, men or fuel, arms, ammunition, implements of war, or other supplies to any warship, tender, or supply ship of a foreign belligerent nation, but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as provided for by section 1, title V, chapter 30, of the ActVol. 40, p. 221; [U. S. C., p. 721](/us/usc/p721). approved June 15, 1917 (40 Stat. 11So in original.; U. S. C., title 18, sec. 31), and if, in the President’s judgment, such action will serve to maintain peace between the United States and foreign nations, or to protect the commercial interests of the United States and its citizens, or to promote the security of the United States, he shall have1084the power and it shall be his duty to require the owner, master, or person in command thereof, before departing from a port of the Bond.United States, or any of its possessions, for a foreign port, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that the vessel will not deliver the men, or the cargo, or any part thereof, to any warship, tender, Prohibition of departure.or supply ship of a belligerent nation; and, if the President, or any person thereunto authorized by him, shall find that a vessel, domestic or foreign, in a port of the United States, or one of its possessions, has previously cleared from such port during such war and delivered its cargo or any part thereof to a warship, tender, or supply ship of a belligerent nation, he may prohibit the departure of such vessel during the duration of the war. Sec. 5. Prohibition on entry of submarines of belligerent nations. Whenever, during any war in which the United States is neutral, the President shall find that special restrictions placed on the use of the ports and territorial waters of the United States, or of its possessions, by the submarines of a foreign nation will serve to maintain peace between the United States and foreign nations, or to protect the commercial interests of the United States and its Proclamation.citizens, or to promote the security of the United States, and shall make proclamation thereof, it shall thereafter be unlawful for any such submarine to enter a port or the territorial waters of the United States or any of its possessions, or to depart therefrom, except under such conditions and subject to such limitations as the President Revocation of proclamation.may prescribe. When, in his judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply. Sec. 6. Restriction on traveling by citizens of United States aboard vessels of belligerent nations. *Post*, pp. 3476, 3528. Whenever, during any war in which the United States is neutral, the President shall find that the maintenance of peace between the United States and foreign nations, or the protection of the lives of citizens of the United States, or the protection of the commercial interests of the United States and its citizens, or the security of the United States requires that the American citizens should refrain from traveling as passengers on the vessels of any Proclamation.belligerent nation, he shall so proclaim, and thereafter no citizen of the United States shall travel on any vessel of any belligerent nation except at his own risk, unless in accordance with such rules and *Provisos*. Persons in transit.regulations as the President shall prescribe: *Provided, however*, That the provisions of this section shall not apply to a citizen traveling on the vessel of a belligerent whose voyage was begun in advance of the date of the President’s proclamation, and who had no opportunity to discontinue his voyage after that date: *And provided further*, Citizens returning to United States.That they shall not apply under ninety days after the date of the President’s proclamation to a citizen returning from a foreign country to the United States or to any of its possessions. Revocation of proclamation.When, in the President’s judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply. Sec. 7. Penalty provision. In every case of the violation of any of the provisions of this Act where a specific penalty is not herein provided, such violator or violators, upon conviction, shall be fined not more than $10,000 or imprisoned not more than five years, or both. Sec. 8. Separability clause. If any of the provisions of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. 1085 Sec. 9. The sum of $25,000 is hereby authorized to beAppropriation authorized. *Post*, pp. 1124, 1153, 1315. appropriated, out of any money in the Treasury not otherwise appropriated, to be expended by the Secretary of State in administering this Act. Approved, August 31, 1935. To refer the claim of the Menominee Tribe of Indians to the Court of Claims with the absolute right of appeal to the Supreme Court of the United States. 1935-09-03 49 Stat. 1085 839 Chapter 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 839.] AN ACT To refer the claim of the Menominee Tribe of Indians to the Court of Claims with the absolute right of appeal to the Supreme Court of the United States. September 3, 1935.[[S. 3210](/us/bill/74/s/3210).][

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