§ 5. Abolition of tolls on Government canals, canalized rivers, etc.; expense of operation, repairs to and reconstruction of canals, etc.; Panama Canal excepted; levies by non-Federal interest
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(a)No tolls or operating charges whatever shall be levied upon or collected from any vessel, dredge, or other water craft for passing through any lock, canal, canalized river, or other work for the use and benefit of navigation, now belonging to the United States or that may be hereafter acquired or constructed; and for the purpose of preserving and continuing the use and navigation of said canals and other public works without interruption, the Secretary of the Army, upon the recommendation of the Chief of Engineers, United States Army, is authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury to pay the actual expenses of operating, maintaining, and keeping said works in repair, which warrants or requisitions shall be paid by the Secretary of the Treasury out of any money in the Treasury not otherwise appropriated: Provided, That whenever, in the judgment of the Secretary of the Army, the condition of any of the aforesaid works is such that its entire reconstruction is absolutely essential to its efficient and economical maintenance and operation as herein provided for, the reconstruction thereof may include such modifications in plan and location as may be necessary to provide adequate facilities for existing navigation: Provided further, That the modifications are necessary to make the reconstructed work conform to similar works previously authorized by Congress and forming a part of the same improvement, and that such modifications shall be considered and approved by the Board of Engineers for Rivers and Harbors and be recommended by the Chief of Engineers before the work of reconstruction is commenced: And provided further, That nothing contained in this section shall be held to apply to the Panama Canal.
(b)No taxes, tolls, operating charges, fees, or any other impositions whatever shall be levied upon or collected from any vessel or other water craft, or from its passengers or crew, by any non-Federal interest, if the vessel or water craft is operating on any navigable waters subject to the authority of the United States, or under the right to freedom of navigation on those waters, except for—
(1)fees charged under section 2236 of this title;
(2)reasonable fees charged on a fair and equitable basis that—
(A)are used solely to pay the cost of a service to the vessel or water craft;
(B)enhance the safety and efficiency of interstate and foreign commerce; and
(C)do not impose more than a small burden on interstate or foreign commerce; or
(3)property taxes on vessels or watercraft, other than vessels or watercraft that are primarily engaged in foreign commerce if those taxes are permissible under the United States Constitution.
(July 5, 1884, ch. 229, § 4, 23 Stat. 147; Mar. 3, 1909, ch. 264, § 6, 35 Stat. 818; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, § 1(15), 68 Stat. 967; Pub. L. 107–295, title IV, § 445, Nov. 25, 2002, 116 Stat. 2133; Pub. L. 108–176, title VIII, § 829(a), Dec. 12, 2003, 117 Stat. 2597.)
Connections8 cite this · traces to 2
Cited by 8 sections · top 6
statutes-at-large
- Public Law 93–251
- Public Law 706
- Public Law 415
- Public Law 107–295To amend the Merchant Marine Act, 1936, to establish a program to ensure greater security for United States seaports, and for other purposes
- Public Law 108–176To amend title 49, United States Code, to reauthorize programs for the Federal Aviation Administration, and for other purposes
- Public Law 101–640To provide for the conservation and development of water and related resources, to authorize the United States Army Corps of Engineers civil works program to construct various projects for improvements to the Nation’s infrastructure, and for other purposes
Traces to 2 documents
21 references not yet in our index
- July 5, 1884, ch. 229, § 4
- 23 Stat. 147
- Mar. 3, 1909, ch. 264, § 6
- 35 Stat. 818
- July 26, 1947, ch. 343
- 61 Stat. 501
- Aug. 30, 1954, ch. 1076, § 1(15)
- 68 Stat. 967
- Pub. L. 107–295, title IV, § 445
- 116 Stat. 2133
- Pub. L. 108–176, title VIII, § 829(a)
- 117 Stat. 2597
- Pub. L. 108–176
- Pub. L. 107–295
- act July 26, 1947, ch. 343, title II
- act Aug. 10, 1956, ch. 1041
- 70A Stat. 641
- Pub. L. 108–176, title VIII, § 829(b)
- section 223 of Pub. L. 102–580
- act June 26, 1934, ch. 756
- 48 Stat. 1225
Citation graph
cites case law
§ 5
Abolition of tolls on Government canals, canalized rivers, etc.; expense of operation, repairs to and reconstruction of canals, etc.; Panama Canal excepted; levies by non-Federal interest
Stat.×8
ActJuly 5, 1884, ch. 229, § 4
Stat.23 Stat. 147
ActMar. 3, 1909, ch. 264, § 6
Stat.35 Stat. 818
ActJuly 26, 1947, ch. 343
Cites 23 · showing 7Cited by 8 across 1 source