United States Code

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 535i of this title and amended section 129(a)(3) of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535f of this title.

§ 535b. Presidential approval; recommendations of Federal officials.

No bridge may be constructed, maintained, and operated as provided in section 535 of this title unless the President has given his approval thereto. In the course of determining whether to grant such approval, the President shall secure the advice and recommendations of (1) the United States section of the International Boundary and Water Commission, United States and Mexico, in the case of a bridge connecting the United States and Mexico, and (2) the heads of such departments and agencies of the Federal Government as he deems appropriate to determine the necessity for such bridge. (Pub. 92-434, § 4, Sept. 26, 1972, 86 Stat. 731).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535c of this title.

§ 535c. Secretary of Transportation's approval; commencement and completion requirements; extension of time limits.

The approval of the Secretary of Transportation, as required by section 491 of this title, shall be given only subsequent to the President's approval, as provided for in section 535b of this title, and shall be null and void unless the construction of the bridge is commenced within two years and completed within five years from the date of the Secretary's approval: Provided, however, That the Secretary, for good cause shown, may extend for a reasonable time either or both of the time limits herein provided. (Pub. L. 92434, 5, Sept. 26, 1972, 86 Stat. 732.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535h of this title. § 535d. Tolls, collection methods; annual report; audit. If tolls are charged for the use of an international bridge constructed under this Act, the following provisions shall apply, so far as the United States has jurisdiction, in the case of a bridge constructed or acquired by a private individual, company, or other private entity:

(1) Tolls may be collected from the date of completion of the bridge for a period determined by the Secretary of Transportation to be a reasonable period for amortization of the cost of construction or acquisition of the bridge, including interest and financing costs, and a reasonable return on invested capital.

(2) At the end of such period, the United States portion of the bridge and its approaches, if not previously transferred to a public agency pursuant to section 535e of this title, shall become the property of the State having jurisdiction over the United States portion of the bridge, and no further compensation shall be deemed to be due such private individual, company, or other private entity.

(3) An accurate record of the amount paid for acquiring or constructing 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 reported annually to the Secretary of Transportation. Whenever he may deem advisable, the Secretary of Transportation shall audit, review, and inspect such records, books, accounts, and operations. (Pub. L. 92-434, § 6, Sept. 26, 1972, 86 Stat. 732.) REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 535i of this title and amended section 129 (a) (3) of Title 23, Highways. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535e of this title. § 535e. Ownership.

(a) Sale, assignment, or transfer; Secretary of Transportation's approval.

Nothing in this Act shall be deemed to prevent the individual, corporation, or other entity to which, pursuant to this Act, authorization has been given to construct, operate, and maintain an international bridge and the approaches thereto, from selling, assigning, or transferring the rights, powers, and privileges conferred by this Act: Provided, That such sale, assignment, or transfer shall be subject to approval by the Secretary of Transportation.

(b) State status of original applicant upon acquisition of right, title, and interest after termination of private entity licenses, contracts, or orders. Upon the acquisition by a State or States, or by a subdivision or instrumentality thereof, of the right, title, and interest of a private individual, corporation, or other private entity, and to an international bridge, any license, contract, or order issued or entered into by the Secretary of Transportation, to or with such private individual, corporation, or other private entity, shall be deemed terminated forthwith. Thereafter, the State, subdivision, or instrumentality so acquiring shall operate and maintain such bridge in the same manner as if it had been the original applicant, and the provisions of section 535d of this title shall not apply. (Pub. L. 92-434, § 8, Sept. 26, 1972, 86 Stat. 732.)

REFERENCES IN TEXT

"This Act", referred to in subsec. (a), means Pub. L. 92-434, which enacted sections 535 to 535i of this title and amended section 129 (a) (3) of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535d of this title.

§ 535f. Applicability of provisions.

This Act shall apply to all international bridges constructed under the authority of this Act. Section 535a of this title and section 129 (a) (3) of Title 23, shall apply to all international bridges the construction of which has been heretofore approved by Congress, notwithstanding any conflicting provision in any Act authorizing the construction of such a bridge or in any agreement entered into by the Federal Government and a State. (Pub. L. 92-434, § 9, Sept. 26, 1972, 86 Stat. 733.)

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 5351 of this title and amended section 129 (a) (3) of Title 23, Highways.

§ 535g. Federal navigable waters and commerce jurisdiction unaffected.

Nothing in this Act shall be construed to affect, impair, or diminish any right, power, or jurisdiction of the United States over or in regard to any navigable water or any interstate or foreign commerce. (Pub. L. 92-434, § 10, Sept. 26, 1972, 86 Stat. 733.) REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 5351 of this title and amended section 129 (a) (3) of Title 23, Highways.

§ 535h. Report of Secretary of Transportation's approval during fiscal year.

The Secretary of Transportation shall make a report of all approvals granted by him during the fiscal year pursuant to section 535c of this title in each annual report of the activities of the Department required by section 1658 of Title 49. (Pub. L. 92-434, § 11, Sept. 26, 1972, 86 Stat. 733.)

§ 535i. Reservation of right to alter or repeal.

The right to alter, amend, or repeal this Act is expressly reserved. (Pub. L. 92-434, § 12, Sept. 26, 1972, 86 Stat. 733.)

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 535i of this title and amended section 129 (a) (3) of Title 23, Highways.

Chapter 12.-RIVER AND HARBOR IMPROVEMENTS GENERALLY

§ 596. Repealed. Pub. L. 91-646, title III, § 306, Jan. 2, 1971, 84 Stat. 1907.

Section, Pub. L. 86-645, title III, § 301, July 14, 1960, 74 Stat. 502, declared the policy of Congress with respect to payment of just and reasonable consideration to owners and tenants whose property is acquired for public works projects and payment of a purchase price in negotiation for such property which will consider such congressional policy. See provisions of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, classified to chapter 61 (section 4601 et seq.) of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF REPEAL

Repeal of section not applicable to any State so long as sections 4630 and 4655 of Title 42 are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91-646, set out as note under section 4601 of Title 42, The Public Health and Welfare.

SAVINGS PROVISION

Any rights or liabilities existing under provisions repealed by section 306 of Pub. L. 91-646 as not affected by such repeal, see section 306 of Pub. L. 91-646, set out in part as a note under section 4651 of Title 42, The Public Health and Welfare.

Chapter 13.-MISSISSIPPI RIVER COMMISSION

§ 642. Appointment of commissioners; vacancies; chairman; tenure of office.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

§ 647. Mississippi River survey.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

Chapter 15.-FLOOD CONTROL

§ 701. Flood control generally.

TRANSFER OF FUNCTIONS

The Office of Emergency Preparedness, including the offices of Director, Deputy Director, Assistant Directors, and Regional Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or the Director of the Office of Emergency Preparedness were transferred to the President of the United States by sections 1 and 3(a) (1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.

§ 702e. Same; maps for project; preparation.

TRANSFER OF FUNCTIONS

All officers and employees engaged in the field service or on vessels of the Lighthouse Service, except persons continuously employed in district offices or shop, who (1) shall have reached the age of fiftyfive years, after having been thirty years in the active service of the Government, (2) shall have reached the age of sixty-two years, after having been twenty-five years in the active service of the Government, or (3) are involuntarily separated from further performance of duty, except by removal for cause on charges of misconduct or delinquency, after completing twenty-five years in the active service of the Government, or after completing twenty years of such service and after reaching the age of fifty years, may at their option be retired from further performance of duty; and all such officers and employees who shall have reached the age of seventy years shall be compulsorily retired from further performance of duty: Provided, That the annual compensation of persons so retired shall be a sum equal to one-fortieth of the average annual pay received for the last three years of service for each year of active service in the Lighthouse Service, or in a department or branch of the Government having a retirement system, not to exceed in any case thirty-fortieths of such average annual pay received: Provided further, That the retirement pay computed under the preceding proviso for any such officer or

employee retiring under clause (3) shall be reduced by one-sixth of 1 per centum for each full month the officer or employee is under fifty-five years of age at the date of retirement: Provided further, That such retirement pay shall not include any amount on account of subsistence or other allowance: Provided further, That the retirement provisions and pay shall not apply to persons in the field service of the Lighthouse Service whose duties do not require substantially all their time. Any person entitled to retirement pay under this section may decline to accept all or any part of such retirement pay by a waiver signed and filed with the Secretary of the Treasury. Such waiver may be revoked in writing at any time, but no payment of the retirement pay waived shall be made covering the period during which such waiver was in effect. (As amended Oct. 2, 1972, Pub. L. 92-455, § 6(a), 86 Stat. 761.)

AMENDMENTS

1972-Pub. L. 92-455 inserted cl. (3), substituted "five" for "three" years of service in first proviso, and added proviso for reduction of retirement pay computed under cl. (3) by one-sixth of 1 per centum for each full month the officer or employee is under fifty-five years of age at the date of retirement.

1967-Pub. L. 90-164 lowered the voluntary retirement age from sixty to fifty-five years for those officers and employees having thirty years of active service.

EFFECTIVE Date of 1972 AMENDMENT

Section 6(b) of Pub. L. 92-455 provided that: "The amendments made by subsection (a) of this section [to this section] shall apply with respect to officers and employees to which such section 6 [amending this section] applies who are involuntarily separated or retired on or after the date of the enactment of this Act [Oct. 2, 1972]."

§ 763c. Repealed. Pub. L. 93–222, § 7(b), Dec. 29, 1973, 87 Stat. 936.

Section, act July 1, 1944, ch. 373, title XIII, § 1310(b), formerly title VI, § 610(b), 58 Stat. 714, renumbered title VII. § 710(b), by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049, renumbered title VIII, § 810(b), by act July 30, 1956, ch. 779, § 3(b), 70 Stat. 721, renumbered title IX, § 910(b), by Pub. L. 88-581, § 4(b), Sept. 4, 1964, 78 Stat. 919, renumbered title X, § 1010(b), by Pub. L. 89-239, § 3(b), Oct. 6, 1965, 79 Stat. 931, renumbered title XI, § 1110(b) by Pub. L. 91-572, § 6(b), Dec. 24, 1970, 84 Stat. 1506, renumbered title XII, § 1210(b) by Pub. L. 92-294, § 3(b), May 16, 1972, 86 Stat. 137, renumbered title XIII, § 1310 (b), by Pub. L. 93-154, § 2(b) (2), Nov. 16, 1973, 87 Stat. 604, made provision for hospital facilities for officers and employees.

§§ 771 to 775.

SECTIONS REFERRED TO IN OTHER SECTIONS

These sections are referred to in section 776 of this title.

§ 776. Same; payment out of Civil Service retirement and disability fund.

Annuities authorized by sections 771 to 775 of this title may, on and after October 30, 1973, be paid out of the Civil Service retirement and disability fund. (Pub. L. 93-143, title IV, § 400, Oct. 30, 1973, 87 Stat. 517.)

Chapter 17.-COAST AND GEODETIC SURVEY

GENERAL PROVISIONS

Sec. 857-6. National Advisory Committee on Oceans and Atmosphere; establish [New].

In order to implement the provisions of Reorganization Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, the following organizational names appearing in chapter IX of subtitle B of Title 15, Code of Federal Regulations, which covers the administration of the National Oceanic and Atmospheric Administration, were changed by order of the Acting Associate Administrator, 35 F.R. 19249, Dec. 19, 1970, as follows: Environmental Science Services Administration to National Oceanic and Atmospheric Administration (ESSA to NOAA); Coast and Geodetic Survey to National Ocean Survey; and Weather Bureau to National Weather Service.

TRANSFER OF FUNCTIONS

The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4, of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5. Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

SS 853-8531, 8530-853r, 853t to 854a-2, 855, 856, 857
TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the notes under these sections in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

§ 857-6. National Advisory Committee on Oceans and Atmosphere; establishment.

There is hereby established a committee of twentyfive members to be known as the National Advisory Committee on Oceans and Atmosphere (hereafter referred to in sections 857-6 to 857-12 of this title as the "Advisory Committee"). (Pub. L. 92-125, § 1, Aug. 16, 1971, 85 Stat. 344.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 857-11, 857-12 of this title.

§ 857-7. Same; membership.

(a) Appointment; representation.

The members of the Advisory Committee, who may not be full-time officers or employees of the United States, shall be appointed by the President and shall be drawn from State and local government, industry, science, and other appropriate areas.

Sec. 535.

INTERNATIONAL BRIDGES [NEW]

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

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

535b.

Presidential approval; recommendations of Federal officials.

535c. Secretary of Transportation's approval; commencement and completion requirements; extension of time limits.

535d. Tolls, collection methods; annual report; audit. 535e. Ownership. (a) Sale, assignment, or transfer; Secretary of Transportation's approval.

(b) State status of original applicant upon acquisition of right, title, and interest after termination of private entity licenses, contracts, or orders. Applicability of provisions. 535g. Federal navigable waters and commerce jurisdiction unaffected.

535f.

undertake a full and complete investigation and study of existing Federal statutes and regulations governing toll bridges over the navigable waters of the United States for the purpose of determining what action can and should be taken to assure just and reasonable tolls nationwide. The Secretary shall submit a report of the findings of such study and investigation to the Congress not later than July 1, 1974, together with his recommendations for modifications or additions to existing laws, regulations, and policies, except that in the case of the toll bridge at Chester, Illinois, the Secretary shall submit a report to the Congress not later than December 31, 1973. §§ 527 to 533.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in section 526a of this title; title 49 section 1655.

INTERNATIONAL BRIDGES [NEW]

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

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

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 535i of this title and amended section 129 (a) (3) of Title 23, Highways.

SHORT TITLE

Section 1 of Pub. L. 92-434 provided: "That this Act [which enacted sections 535 to 535i of this title and amended section 129 (a) (3) of Title 23] may be cited as the 'International Bridge Act of 1972'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 535b of this title.

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

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

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

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

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

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 535i of this title and amended section 129 (a) (3) of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535f of this title.

§ 535b. Presidential approval; recommendations of Federal officials.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535c of this title.

§ 535c. Secretary of Transportation's approval; commencement and completion requirements; extension of time limits.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535h of this title.

§ 535d. Tolls, collection methods; annual report; audit. If tolls are charged for the use of an international bridge constructed under this Act, the following provisions shall apply, so far as the United States has jurisdiction, in the case of a bridge constructed or acquired by a private individual, company, or other private entity:

(3) An accurate record of the amount paid for acquiring or constructing the bridge and its approaches, the actual expenditures for maintaining,

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 535i of this title and amended section 129 (a) (3) of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535e of this title. § 535e. Ownership.

(a) Sale, assignment, or transfer; Secretary of Transportation's approval.

REFERENCES IN TEXT

"This Act", referred to in subsec. (a), means Pub. L. 92-434, which enacted sections 535 to 535i of this title and amended section 129 (a) (3) of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535d of this title.

§ 535f. Applicability of provisions.

This Act shall apply to all international bridges constructed under the authority of this Act. Section 535a of this title and section 129(a)(3) of Title 23, shall apply to all international bridges the construction of which has been heretofore approved by Congress, notwithstanding any conflicting provision in any Act authorizing the construction of such a bridge or in any agreement entered into by the Federal Government and a State. (Pub. L. 92-434, § 9, Sept. 26, 1972, 86 Stat. 733.)

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 5351 of this title and amended section 129 (a)(3) of Title 23, Highways.

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