Volume 86 · 732
Public Law 92–434
To give the consent of Congress to the construction of certain international bridges, and for other purposes.
Approved September 26, 1972
Statutory text
AN ACT
To give the consent of Congress to the construction of certain international bridges, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, this Act may be cited as the “International Bridge Act of 1972”.
Sec. 2.
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 the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906 (33 U.S.C. 491–498),
except section 6 (33 U.S.C. 496), whether or not such bridge is to be built across or over any of the navigable waters of the United States: and (3) the provisions of this Act.
Sec. 3.
The consent of Congress is hereby granted for a State or a
Agreements with Canada and Mexico, consent of Congress.
subdivision or instrumentality thereof to enter into agreements—
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
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
Secretary of State, approval.
of such agreement shall be conditioned on its approval by the Secretary of State.
Sec. 4.
No bridge may be constructed, maintained, and operated
Presidential approval.
as provided in section 2 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.
Sec. 5.
The approval of the. Secretary of Transportation, as required by the first section of the Act of March 23, 1906 (33 U.S.C. 491), shall be given only subsequent to the President’s approval, as provided for in section 4 of this Act, 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.
Sec. 6.
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:
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).
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 8, 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.
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
Audit.
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.
Sec. 7.
Paragraph (3) of subsection (a) of section 129 of title 23, United States Code, is amended to read as follows:
(3) after the date of final repayment, the bridge or tunnel shall be maintained or operated as a free bridge or free tunnel; except in the case of a bridge which connects the United States with any foreign country: Provided, That such tolls or charges do not exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management: And further provided, That the entity or governmental instrumentality responsible for the operation of the portion of the bridge within the jurisdiction of the foreign country is charging tolls for the use of the bridge.”.
Sec. 8.
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 main-tain 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
Secretary of Transportation, approval.
Rights, preservation.
be subject to approval by the Secretary of Transportation.
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, in 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 6 of this Act shall not apply.
Sec. 9.
This Act shall apply to all international bridges constructed
Applicability.
under the authority of this Act. Section 3 of this Act and section 129(a) (3) of title 23, United States Code, as amended by section 7 of this Act, shall apply to all international bridges the construction of
Ante, p. 732.
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.
Sec. 10.
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 waters or any interstate or foreign commerce.
Sec. 11.
The Secretary of Transportation shall make a report of all
Report.
approvals granted by him during the fiscal year pursuant to section 5 of this Act in each annual report of the activities of the Department, required by section 11 of the Department of Transportation Act (49 U.S.C. 1658).
Sec. 12.
The right to alter, amend, or repeal this Art is expressly reserved.
Approved September 26, 1972.