§ 5. — Abolition of tolls on Government canals, canalized rivers, etc.; expense of operation, repairs to and reconstruction of canals, etc.; Panama Canal excepted.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC5]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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
(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; or
(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.
(July 5, 1884, ch. 229, Sec. 4, 23 Stat. 147; Mar. 3, 1909, ch. 264,
Sec. 6, 35 Stat. 818; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat. 967; Pub. L.
107-295, title IV, Sec. 445, Nov. 25, 2002, 116 Stat. 2133.)
Codification
Section is from act July 5, 1884, popularly known as the ``Rivers
and Harbors Appropriation Act of 1884''.
The section, as originally enacted, was as follows:
``No tolls or operating charges whatsoever shall be levied or
collected upon any vessel or vessels, dredges, or other passing water-
craft through any canal or other work for the improvement of navigation
belonging to the United States; and for the purpose of preserving and
continuing the use and navigation of said canals, rivers, and other
public works without interruption, the Secretary of War, upon the
application of the chief engineer in charge of said works, is hereby
authorized to draw his warrant or requisition from time to time upon the
Secretary of the Treasury to pay the actual expenses of operating 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, however, That an itemized
statement of said expenses shall accompany the annual report of the
chief of engineers.''
It was amended by act March 3, 1909, to read substantially as set
forth above.
Amendments
2002--Pub. L. 107-295 designated existing provisions as subsec. (a)
and added subsec. (b).
1954--Act Aug. 30, 1954, repealed last proviso requiring that an
itemized statement of expenses incurred in operating, maintaining,
keeping in repair, and reconstructing locks, canals, etc., other than
the Panama Canal, as provided in this section, should accompany the
annual report of the Chief of Engineers.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Termination of Board of Engineers for Rivers and Harbors and
Reassignment of Duties and Responsibilities
For termination of Board of Engineers for Rivers and Harbors 180
days after Oct. 31, 1992, and reassignment of duties and
responsibilities by Secretary of Army, see section 223 of Pub. L. 102-
580, set out as a note under section 541 of this title.
Appropriations
Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
classified to section 725a of former Title 31, Money and Finance,
repealed the permanent appropriation under the title ``Operating and
care of canals and other works of navigation (8x881)'' effective July 1,
1935, and provided that such portions of any Acts as make permanent
appropriations to be expended under such account are amended so as to
authorize, in lieu thereof, annual appropriations from the general fund
of the Treasury in identical terms and in such amounts as now provided
by the laws providing such permanent appropriations.
