33 U.S.C. § 5 — Abolition of tolls on Government canals, ca-

Page 5 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 5 Editorial Notes CODIFICATION R.S. § 5252 derived from Res. Feb. 21, 1871, No. 40, 16 Stat. 598. The first paragraph of this section is from R.S. § 5252, which, as enacted, authorized and directed the estab- lishment of water gauges and the making of daily ob- servations at or in the vicinity of certain enumerated places, and at such other places as the Secretary of War might deem advisable. It further provided that the ex- penditure should be made from the appropriation for the improvement of rivers and harbors and that the an- nual cost of the observations should not exceed $5,000. These latter provisions were apparently modified by section 6 of act Aug. 11, 1888, as amended by section 9 of act June 13, 1902, which was substantially the second paragraph of this section. As originally enacted, sec- tion 6 of act Aug. 11, 1888, provided for the gauging of the waters of the Lower Mississippi and tributaries, and limited the cost for each year to the amount appro- priated in the act for such purpose. AMENDMENTS 1954—Act Aug. 30, 1954, repealed proviso requiring that an itemized statement of expenses incurred in gauging waters of the Mississippi River and its tribu- taries, as provided in this section, should accompany the annual report of the Chief of Engineers. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. 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act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropria- tion under the title ‘‘Gauging waters of the Mississippi and its tributaries (fiscal year) (8–961.54)’’ effective July 1, 1935, and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. § 5. Abolition of tolls on Government canals, ca- nalized rivers, etc.; expense of operation, re- pairs to and reconstruction of canals, etc.; Panama Canal excepted; levies by non-Fed- eral interest (a) No tolls or operating charges whatever shall be levied upon or collected from any ves- sel, 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 au- thorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury to pay the actual expenses of oper- ating, 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 appro- priated: Provided, That whenever, in the judg- ment of the Secretary of the Army, the condi- tion 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 reconstruc- tion thereof may include such modifications in plan and location as may be necessary to pro- vide adequate facilities for existing navigation: Provided further, That the modifications are nec- essary to make the reconstructed work conform to similar works previously authorized by Con- gress and forming a part of the same improve- ment, and that such modifications shall be con- sidered and approved by the Board of Engineers for Rivers and Harbors and be recommended by the Chief of Engineers before the work of recon- struction 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 eq- uitable 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 bur- den on interstate or foreign commerce; or (3) property taxes on vessels or watercraft, other than vessels or watercraft that are pri- marily 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.) Editorial Notes 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 Page 6 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 6 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 Sec- retary of the Treasury, out of any money in the Treas- ury not otherwise appropriated: Provided, however, That an itemized statement of said expenses shall accom- pany the annual report of the chief of engineers.’’ It was amended by act March 3, 1909, to read substan- tially as set forth above. AMENDMENTS 2003—Subsec. (b)(3). Pub. L. 108–176 added par. (3). 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 op- erating, maintaining, keeping in repair, and recon- structing locks, canals, etc., other than the Panama Canal, as provided in this section, should accompany the annual report of the Chief of Engineers. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–176, title VIII, § 829(b), Dec. 12, 2003, 117 Stat. 2597, provided that: ‘‘The amendment made by subsection (a) [amending this section] is effective on and after November 25, 2002.’’ TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND REASSIGNMENT OF DUTIES AND RESPON- SIBILITIES 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 appropria- tion 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 ap- propriations. § 6. Free passage to harbor of Michigan City, In- diana The passage of vessels to and from the harbor of Michigan City, in Indiana, shall be free and not subject to toll or charge. (R.S. § 5247.) Editorial Notes CODIFICATION R.S. § 5247 derived from acts June 23, 1866, ch. 138, § 1, 14 Stat. 73; Mar. 2, 1867, ch. 144, § 2, 14 Stat. 421. § 7. Use of Government iron pier in Delaware Bay The Government iron pier in Delaware Bay near Lewes, Delaware, shall be open to public use under regulations to be prescribed by the Secretary of the Army. (July 27, 1916, ch. 260, § 1, 39 Stat. 394; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Section is from act July 27, 1916, popularly known as the ‘‘Rivers and Harbors Appropriation Act of 1916’’. A further provision of act July 27, 1916, repealed act Mar. 3, 1891, ch. 542, 26 Stat. 969, which authorized a transfer of the iron pier to the Treasury Department. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. § 8. Toll free rivers in Alabama The Tennessee, Coosa, Cahawba, and Black Warrior Rivers, within the State of Alabama, shall be forever free from toll for all property belonging to the United States, and for all per- sons in their service, and for all citizens of the United States, except as to such tolls as may be allowed by Act of Congress. (R.S. § 5244.) Editorial Notes CODIFICATION R.S. § 5244 derived from act May 23, 1828, ch. 75, § 7, 4 Stat. 290. Another R.S. 5244 is classified to section 43 of Title 12, Banks and Banking. § 9. Des Moines River as toll free The Des Moines River shall forever remain free from any toll, or other charge whatever, for any property of the United States, or persons in their service, passing along the same. (R.S. § 5246.) Editorial Notes CODIFICATION R.S. § 5246 derived from acts Aug. 8, 1846, ch. 103, § 3, 9 Stat. 78; Jan. 20, 1870, ch. 7, 16 Stat. 61. § 10. Waters in Louisiana Purchase as public highways All the navigable rivers and waters in the former Territories of Orleans and Louisiana shall be and forever remain public highways. (R.S. § 5251.) Editorial Notes CODIFICATION R.S. § 5251 derived from act Mar. 3, 1811, ch. 46, § 12, 2 Stat. 606.