33 U.S.C. § 535e — Ownership

Page 117 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 535e 1 See References in Text note below. bridge is in the foreign policy interests of the United States. (d) Presidential action (1) In general The President shall grant or deny the Presi- dential permit for an application under sub- section (b) by not later than 60 days after the earlier of— (A) the date on which the Secretary makes a recommendation under subsection (c)(1); and (B) the date on which the Secretary is re- quired to make a recommendation under subsection (c)(1). (2) No action (A) In general Subject to subparagraph (B), if the Presi- dent does not grant or deny the Presidential permit for an application under subsection (b) by the deadline described in paragraph (1), the Presidential permit shall be consid- ered to have been granted as of that dead- line. (B) Requirement As a condition on a Presidential permit considered to be granted under subparagraph (A), the eligible applicant shall complete all applicable environmental documents re- quired pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.). (e) Document requirements Notwithstanding any other provision of law, the Secretary shall not require an eligible appli- cant for a Presidential permit— (1) to include in the application under sub- section (b) environmental documents prepared pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.); or (2) to have completed any environmental re- view under Public Law 91–190 (42 U.S.C. 4321 et seq.) prior to the President granting a Presi- dential permit under subsection (d). (f) Rules of construction Nothing in this section— (1) prohibits the President from granting a Presidential permit conditioned on the eligi- ble applicant completing all environmental documents pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.) and complying with rel- evant laws; (2) prohibits the Secretary from requesting a list of all permits and approvals from Federal, State, and local agencies that the eligible ap- plicant believes are required in connection with the international bridge, or a brief de- scription of how those permits and approvals will be acquired prior to making a rec- ommendation to the President; (3) exempts an eligible applicant from the re- quirement to complete all environmental doc- uments pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.) prior to construction of an international bridge; or (4) exempts an eligible applicant from com- plying with Public Law 91–190 (42 U.S.C. 4321 et seq.) or any other law. (Pub. L. 92–434, § 6, as added Pub. L. 118–31, div. E, title LIV, § 5414, Dec. 22, 2023, 137 Stat. 954.) Editorial Notes REFERENCES IN TEXT Executive Order 13867, referred to in subsec. (a)(2)(A)(ii), is Ex. Ord. No. 13867, Apr. 10, 2019, 84 F.R. 15491, which is set out as a note under section 301 of Title 3, The President. Public Law 91–190, referred to in subsecs. (d)(2)(B), (e), and (f), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, known as the National Environmental Policy Act of 1969, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Ta- bles. PRIOR PROVISIONS A prior section 535d, Pub. L. 92–434, § 6, Sept. 26, 1972, 86 Stat. 732, directed that tolls charged for use of an international bridge constructed or acquired under this subchapter by private individual, company, or other private entity be collected for a reasonable period for amortization of construction or acquisition costs, plus interest and reasonable return, that at end of such pe- riod the United States portion of bridge become the property of the State having jurisdiction over such United States portion, and that accurate records on ex- penditures and tolls collected be kept and annually re- ported to Secretary of Transportation, with authority for Secretary to conduct audits, prior to repeal by Pub. L. 100–17, title I, § 135(g), Apr. 2, 1987, 101 Stat. 174. § 535e. Ownership (a) Sale, assignment, or transfer; approval of Sec- retary Nothing in this subchapter shall be deemed to prevent the individual, corporation, or other en- tity to which, pursuant to this subchapter, au- thorization 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 subchapter: Provided, That such sale, assignment, or transfer shall be sub- ject to approval by the Secretary of the depart- ment in which the Coast Guard is operating. (b) State status of original applicant upon acqui- sition of right, title, and interest after termi- nation 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 indi- vidual, corporation, or other private entity, in and to an international bridge, any license, con- tract, or order issued or entered into by the Sec- retary of the department in which the Coast Guard is operating, to or with such private indi- vidual, corporation, or other private entity, shall be deemed terminated forthwith. There- after, 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 1 of this title shall not apply. (Pub. L. 92–434, § 8, Sept. 26, 1972, 86 Stat. 732; Pub. L. 114–120, title III, § 306(b)(6)(B), Feb. 8, 2016, 130 Stat. 56.) Page 118 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 535f Editorial Notes REFERENCES IN TEXT Section 535d of this title, referred to in subsec. (b), was repealed by Pub. L. 100–17, title I, § 135(g), Apr. 2, 1987, 101 Stat. 174. AMENDMENTS 2016—Subsecs. (a), (b). Pub. L. 114–120 substituted ‘‘Secretary of the department in which the Coast Guard is operating’’ for ‘‘Secretary of Transportation’’. § 535f. Applicability of provisions This subchapter shall apply to all inter- national bridges constructed under the author- ity of this subchapter. 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, not- withstanding 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.) § 535g. Federal navigable waters and commerce jurisdiction unaffected Nothing in this subchapter 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.) § 535h. Repealed. Pub. L. 114–120, title III, § 306(b)(6)(C), Feb. 8, 2016, 130 Stat. 56 Section, Pub. L. 92–434, § 11, Sept. 26, 1972, 86 Stat. 733, related to report of Secretary of Transportation’s ap- provals granted during fiscal year pursuant to section 535c of this title. § 535i. Reservation of right to alter or repeal The right to alter, amend, or repeal this sub- chapter is expressly reserved. (Pub. L. 92–434, § 12, Sept. 26, 1972, 86 Stat. 733.) CHAPTER 12—RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I—GENERAL PROVISIONS Sec. 540. Investigations and improvements; control by Department of the Army; wildlife conserva- tion. 540a. Availability of appropriations for attendance by military personnel at meetings and for printing survey reports. 541. Board of Engineers for Rivers and Harbors; establishment; duties and powers generally. 542. Review by Board of Engineers of reports on examinations and surveys and special re- ports. 543. Employment of civil engineers on western and northwestern rivers. 544, 544a. Repealed. 544b. Employment of physicians to examine em- ployees; fee or employment basis; valida- tion of prior agreements. 544c. Minority group participation in construction of the Tennessee-Tombigbee Waterway project; annual report to Congress. 545. Preliminary examinations and reports; sur- veys; contents of report to Congress gen- erally. Sec. 545a. Discontinuance. 546. Investigation of stream flow and watersheds; surveys in connection with dams. 546a. Information as to configuration of shore line. 547. Reports as to local benefits of improvement and recommendations as to local coopera- tion. 547a. Inclusion of regional economic development benefits in economic analysis for purposes of computing economic justification of project. 548, 549. Omitted or Repealed. 549a. Review of navigation, flood control, and water supply projects. 549b. Inclusion of project or facility in Corps of En- gineers workplan. 550. Report on water terminal and transfer facili- ties. 551. Policy of Government as to terminal facili- ties for new projects. 552. Repealed. 553. Freight statistics. 554. Duty of shipowners and officers to furnish in- formation to person in local charge of im- provement; penalty. 555. Duty of shipowners and officers to furnish in- formation required by Secretary of the Army. 555a. Petroleum product information. 556. Printing reports generally. 557. Payment of costs of printing. 557a. Publication of pamphlets, maps, brochures, and other material. 557b. Sale of publications, charts, or other mate- rial; deposit of proceeds. 558. Proceeds from sale or transfer of property ac- quired. 558a. Repealed. 558b. Exchange of land or property. 558b–1. Application to authorized works of flood con- trol. 558c. Rights-of-way over United States land. 559. Disposition of rentals for Government plants. 560. Contributions from private parties; return of excess. 561. Repealed. 561a. Contributions from local interests; reduction to meet lowered cost. 562. Channel depths and dimensions defined. 562a. Project depths for national defense purposes; waterways for general commerce. 563, 564. Omitted or Repealed. 565. River and harbor improvement by private or municipal enterprise. 566. Improvement by or under authority of State of New Jersey. 567. Navigation and flood control improvements by Minnesota, North Dakota, and South Da- kota. 567a. Flood and pollution control compacts be- tween certain States. 567b. Pollution of Potomac drainage basin; control by State compacts. 567b–1. Amended compact. 568. Limitation on power of committee of Con- gress to consider projects. 569. Personal equipment for employees; use of funds for purpose. 569a. Temporary employment of experts or consult- ants; compensation. 569b. Contracts; architect and engineering services; surveying and mapping services. 569c. Services of volunteers. 569d. Safety award and promotional materials. 569e. Use of private sector resources in surveying and mapping. 569f. Debarment of persons convicted of fraudulent use of ‘‘Made in America’’ labels. 570. Default in contract; disposition of amounts collected.