Public Law 75–109

That in order to

State of Maryland.

Bridge or tunnel construction, etc.

promote interstate commerce, improve the postal service, and provide for military and other purposes, the State of Maryland by and through its State Roads Commission or the successors of said commission be, and is hereby, authorized to construct, maintain, and operate any or all of the following bridges and approaches thereto, at points suitable to the interests of navigation, in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over

34 Stat. 84.

33 U. S. C. §§ 491–498.

Potomac River, between Ludlowa Ferry and a point opposite in Virginia.

navigable waters”, approved March 23, 1906, and subject to the conditions and limitations contained in this Act, to wit:

A bridge across the Potomac River from a point in Charles County at or near Ludlows Ferry to a point approximately opposite in the State of Virginia near Dahlgren and Colonial Beach.

Chesapeake Bay, between Millers Island and Tolchester; alternate thereto.

A bridge across the Chesapeake Bay from a point in Baltimore County at or near Millers Island to a point approximately opposite in Kent County at or near Tolchester; or, as an alternate thereto, a bridge across the Chesapeake Bay or a tunnel under or a combined bridge and tunnel from a point in Anne Arundel County at or near Annapolis to a point approximately opposite on Kent Island.

Susquehanna River, between Perryville and Havre de Grace.

A bridge across the Susquehanna River from a point in Cecil County at or near Perryville to a point approximately opposite in Harford County at or near Havre de Grace.

Patapsco River, North West Branch to Fairfield.

A bridge across or a tunnel under the Patapsco River south of the City of Baltimore from a point at or near the mouth of North West Branch to a point approximately opposite at or near Fairfield.

Approval of plans, etc.

The construction of any tunnel, or combined bridge and tunnel, authorized by this Act shall not be built or commenced until the plans and specifications for its construction, together with such drawings of the proposed construction and such map of the proposed location as may be required for a full understanding of the subject, have been submitted to the Secretary of War and Chief of Engineers for their approval, nor until they shall have approved such plans and specifications and the location of such tunnel and accessory works.

Time limitation.

The times for commencing and completing the construction of any of the structures authorized by this section, shall expire three and five years, respectively, from the date of approval hereof.

Terms construed.

The word “bridge” or “bridges” as hereinafter used in this Act shall be deemed to include and to apply to the tunnel or the combined bridge and tunnel at or near Annapolis or to the tunnel under the Patapsco River or to both.

Authority to construct, etc., not exclusive.

The authority herein granted to construct, maintain, and operate any of the foregoing bridges shall not be deemed to be exclusive or to repeal the authority heretofore granted to any other corporation, public board, or agency to construct a bridge at the same location.

Sec. 2.

There is hereby conferred upon the State of Maryland and its State Roads Commission or the successors of said commission all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and operation of any or all such bridges and their approaches as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in condemnation or expropriation of property for public purposes in such State.

Sec. 3.

The State of Maryland, by and through its State Roads Commission or the successors of said commission is hereby authorized to fix and charge tolls for transit over any or all such bridges and the rates of toll so fixed shall be the legal rates until changed by the

34 Stat. 85.

33 U. S. C. § 494.

Secretary of War under the authority contained in the Act of March 23, 1906.

Sec. 4.

The State of Maryland, by and through its State Roads

Grouping of projects for financing purposes.

Commission or the successors of said commission, may unite or group all or such of said bridges into one or more separate projects for financing purposes as in its judgment shall be deemed practicable. If

Application of tolls to operation, sinking fund, etc.

tolls are charged for the use of a bridge or bridges in a project, the rates of toll to be charged for the use of such bridge or bridges embraced in the particular project shall be so adjusted as to provide a fund not to exceed an amount sufficient to pay the reasonable costs of maintaining, repairing, and operating the bridge or all of the bridges included in the particular project and their approaches under economical management, and not to exceed an amount sufficient in addition to the foregoing, to provide a sinking fund sufficient to amortize the aggregate cost of the bridge or all of the bridges embraced in the particular project, and their approaches, including reasonable interest and financing costs, as soon as possible under reasonable charges, but within a period not exceeding forty years from the completion of such bridge or from the date of completion of the last completed bridge in the particular project. The tolls derived from the bridge or bridges

Continuance until costs amortized.

embraced in any particular project may be continued and paid into the appropriate sinking fund until all such costs of the bridge or bridges embraced in the. particular project shall have been amortized. In any event, tolls may be charged on the basis aforesaid for transit

Adjustment of rates to pay bonds, etc.

over the bridge or bridges in each project for which revenue bonds of said State are issued, and such tolls may be continued and adjusted at such rates as may be necessary to pay such bonds with interest thereon and any lawful premium for the retirement thereof before maturity, subject only to the power of the Secretary of War or other authorized Federal authority to regulate such rates.

Sec. 5.

The failure of the State of Maryland, by and through its

Separability provisions.

State Roads Commission, to construct, maintain, and operate any one or more of the foregoing bridges, or to unite or group any two or more for financing purposes, shall in no wise affect its authority or powers hereby granted to construct, maintain, and operate such bridge or bridges as it may deem expedient, and any one of the bridges herein authorized may be constructed, maintained, and operated as a single project without uniting such bridge in a joint project with other bridges authorized herein.

Sec. 6.

After a sinking fund sufficient to amortize the cost of any

Maintenance as free bridge, etc., after amortizing costs.

bridge or bridges in any particular project or group or sufficient to pay the principal and interest on bonds issued for the purpose of financing such particular bridge or bridges or project or group shall have been provided to the extent hereinbefore required, the bridge or bridges included in any such project or group shall thereafter be maintained and operated free of tolls: Provided, however, That tolls for the use

Proviso.

Continuance of tolls if pledged to payment of bonds.

of any such bridge or bridges may be continued thereafter in the event that such tolls shall have been pledged by the State Roads Commission to the payment of revenue bonds issued for any other bridge or bridges the construction of which is authorized herein. An accurate record of

Record of expenditures and receipts.

the cost of each bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected shall be kept and shall be available for the information of all persons interested.

Sec. 7.

The powers conferred by this Act are supplementary and

Nature of powers conferred.

additional to all other authority and powers heretofore granted by law for the construction of the hereinbefore-named bridges, but all

Repeal of conflicting Acts, etc.

Acts or parts of Acts heretofore enacted, authorizing the construction of the hereinbefore-named bridges (except as applied to any bridge over the Potomac River) which are in conflict with the terms of this Act be, and the same are, hereby repealed insofar as such conflict

Toll charge restriction.

exists. Nothing in this Act shall be construed as authorizing tolls to be charged for the use of any one or more of the hereinbefore-named

Liquidation provisions.

Payment of cost and bonds by State authorized.

bridges except as hereinabove provided, and nothing herein shall be construed so as to prohibit the State of Maryland from paying all or any part of the costs of the construction of any one or more of such bridges or their approaches, and any and all bonds issued for such purposes, from any funds of the State which may now or hereafter be made available for that purpose.

Sec. 8.

The right to alter, amend, or repeal this Act is hereby expressly reserved.