§ 708. Property and fiscal officers.

*

(b) Each property and fiscal officer shall(1) Repealed. Pub. L. 92-310, title II, § 207, June 6, 1972, 86 Stat. 203.

(As amended June 6, 1972, Pub. L. 92-310, title II, § 207, 86 Stat. 203.)

AMENDMENTS

1972-Subsec. (b)(1). Pub. L. 92-310 repealed provisions which related to the bond required of property and fiscal officers.

709. Technicians: employment, use, status.

(h) In no event shall the number of technicians employed under this section at any one time exceed 53,100, except that the number of technicians so employed may not exceed 49,200 during the fiscal year beginning July 1, 1971. (As amended Aug. 13. 1971, Pub. L. 92-119, § 2, 85 Stat. 340.)

AMENDMENT

1971-Subsec. (h). Pub. L. 92-119 increased the number of technicians employable under the section from 42,500 to 53,100 with the exception that such number is fixed at 49,200 for the fiscal year beginning July 1, 1971.

§ 715. Property loss; personal injury or death: activities under certain sections of this title.

(b) A claim may be allowed under subsection (a) only if

(4) the damage to, or loss of, property, or the personal injury or death, was not caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee, or, if so caused, allowed only to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under like circumstances; and

(As amended Pub. L. 92-445, Sept. 29, 1972, 86 Stat. 745.)

AMENDMENTS

1972 Subsec. (b) (4). Pub. L. 92-445 added provision that the claim may be allowed to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under similar circumstances, when the damage to or loss of property, or personal injury or death was caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee.

§ 716. Claims for overpayment of pay and allowances, other than travel and transportation allowances. (a) A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation

allowances, made before or after the effective date of this section, to or on behalf of a member or former member of the National Guard, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by— (1) the Comptroller General; or

(2) the Secretary concerned, as defined in section 101 (5) of title 37, when

(A) the claim is in an amount aggregating not more than $500;

(B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official; and

(C) the waiver is made in accordance with standards which the Comptroller General shall prescribe.

(b) The Comptroller General or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim-—

(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or

(2) if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment of pay or allowances, other than travel and transportation allowances, was discovered. (c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that department for that refund within two years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section.

(d) In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.

(e) An erroneous payment, the collection of which is waived under this section, is considered a valid payment for all purposes.

(f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States. (Added Pub. L. 92-453, § 2(1), Oct. 2, 1972, 86 Stat. 759.)

REFERENCES IN TEXT

Effective date of this section, referred to in subsec. (a), means the effective date of Pub. L. 92-453, which was approved Oct. 2, 1972.

§ 59j Delaware River, Philadelphia County, Pennsylvania; permanent structures.

The portion of the Delaware River in Philadelphia County, Commonwealth of Pennsylvania, lying between all that certain lot or piece of ground situate in the second and fifth wards of the city of Philadelphia described as follows:

Beginning at a point on the easterly side of Delaware Avenue (variable width) said side being the bulkhead line of the Delaware River (approved by the Secretary of War on September 10, 1940), at the distance of 1,833.652 feet from an angle point on the easterly side of said Delaware Avenue south of Washington Avenue;

thence extending along the easterly side of said Delaware Avenue the following courses and distances, (1) north 0 degree 45 minutes 33.2 seconds west 2,524.698 feet to a point; (2) north 9 degrees 36 minutes 25 seconds east, 2,168.160 feet to a point; (3) north 13 degrees 26 minutes 45.8 seconds east, 2,039.270 feet to a point; (4) north 20 degrees 12 minutes 52.4 seconds east, 35.180 feet to an angle point in Delaware Avenue; thence continuing north 20 degrees 12 minutes 52.4 seconds east along the said bulkhead line, the distance of 574.970 feet to a point on the south house line of Callowhill Street produced;

thence extending along the south house line of Callowhill Street produced south 80 degrees 47 minutes 30.6 seconds east, the distance of 523.908 feet to a point on the pierhead line of the Delaware River (approved by the Secretary of War on September 10, 1940);

thence extending along the said pierhead line the following courses and distances, (1) south 17 degrees 52 minutes 48.5 seconds west, 605.262 feet to a point; (2) south 14 degrees 14 minutes 14.7 seconds west, 1,372.530 feet to a point; (3) south 10 degrees 37 minutes 35.3 seconds west, 1,252.160 feet to a point; (4) south 8 degrees 23 minutes 50.4 Page 817

seconds west, 1,450.250 feet to a point; (5) south 2 degrees 22 minutes 45.9 seconds west, 1,221.670 feet to a point; (6) south 1 degree 4 minutes 36 seconds east, 1,468.775 feet to a point on the north house line of Catherine Street extended, thence extending north 76 degrees 56 minutes 29.2 seconds west, the distance of 555.911 feet to the first mentioned point and place of beginning is hereby declared not to be a navigable water of the United States within the meaning of the Constitution and laws of the United States, and the Consent of Congress is hereby given, for the filling or erection of permanent structures in all or any part of the described area.

(Pub. L. 92-605, § 1, Oct. 31, 1972, 86 Stat. 1493.) PERMANENT STRUCTURES IN ABOVE-DESCRIBED AREA;

APPROVAL OF PLANS

Section 2 of Pub. L. 92-605 provided that: "This declaration [this section] shall apply only to portions of the above-described area which are filled or occupied by permanent structures. No such filling or erection of structures in the above-described area shall be commenced until the plans therefor have been approved by the Secretary of the Army who shall, prior to granting such approval, give consideration to all factors affecting the general public interest and the impact of the proposed work on the environment."

Chapter 3.-NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY

PRELIMINARY

§ 151. Demarcation of high seas lines. CROSS REFERENCES

Vessel bridge-to-bridge radiotelephone requirement and capability for vessels on navigable waters of United States inside lines established under this section, see section 1203 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1203 of this title.

Chapter 5.-NAVIGATION RULES FOR RED RIVER OF THE NORTH AND RIVERS EMPTYING INTO GULF OF MEXICO AND TRIBUTARIES

§ 356. Exemption of Navy and Coast Guard vessels from compliance with International Rules of the Road.

Where any Navy or Coast Guard vessel of special construction, as certified to by the Secretary of the Navy, or the Secretary of Transportation in the case of Coast Guard vessels operating under the Department of Transportation, or such official or officials as either may designate, is now or may hereafter by virtue of statute, convention, or treaty, be exempt from compliance with any requirements of the International Rules of the Road, such type of vessel shall similarly be exempt from compliance with any corresponding requirement under the rules specified in this Act. (May 21, 1948, ch. 328, § 5, 62 Stat. 257.)

TRANSFER OF FUNCTIONS

References to the Secretary of the Treasury and Treasury Department are changed to Secretary of Transportation and Department of Transportation, respectively, pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. Under such provisions, the Coast Guard was transferred to the Department of Transportation and all functions, powers and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation. See section 1655(b) of Title 49, Transportation.

§ 403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1371 of this title. § 407. Deposit of refuse in navigable waters generally. TERMINATION OF DISCHARGE PERMIT PROGRAM

No permits for discharges into navigable waters to be issued under this section after Oct. 18, 1972, and the discharge permit program to be carried out instead under section 1342 of this title, with applications under this section pending on Oct. 18, 1972, to be deemed applications for permits under section 1342, see section 1342 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1342, 1402 of this title.

§ 413. Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders.

The Department of Justice shall conduct the legal proceedings necessary to enforce the provisions of sections 401, 403, 404, 406, 407, 408, 409, 411, 549, 686, and 687 of this title; and it shall be the duty of United States attorneys to vigorously prosecute all offenders against the same whenever requested to do so by the Secretary of the Army or by any of the officials hereinafter designated, and it shall furthermore be the duty of said United States attorneys to report to the Attorney General of the United States the action taken by him against offenders so reported, and a transcript of such reports shall be transmitted to the Secretary of the Army by the Attorney General; and for the better enforcement of the said provisions and to facilitate the detection and bringing to punishment of such offenders, the officers and agents of the United States in charge of river and harbor improvements, and the assistant engineers and inspectors employed under them by authority of the Secretary of the Army, and the United States collectors of customs and other revenue officers shall have power and au

thority to swear out process, and to arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by the said sections, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under such sections, the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. (Mar. 3, 1899, ch. 425, 17, 30 Stat. 1153; June 25, 1948, ch. 646, § 1, 62 Stat. 909, eff. Sept. 1, 1948.)

§ 421. Deposit of refuse, etc., in Lake Michigan near Chicago.

CROSS REFERENCES

Discharges of pollutants into the navigable waters subject to these sections to be regulated pursuant to Federal Water Pollution Control Act except as to effect on navigation and anchorage, see section 1371 of this title.

DAM INSPECTION PROGRAM [NEW]

§ 467. Definition of dam.

The term "dam" as used in sections 467 to 467e of this title means any artificial barrier, including appurtenant works, which impounds or diverts water, and which (1) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation or (2) has an impounding capacity at maximum water storage elevation of fifty acre-feet or more. Sections 467 to 467e of this title do not apply to any such barrier which is not in excess of six feet in height, regardless of storage capacity or which has a storage capacity at maximum water storage elevation not in excess of fifteen acre-feet, regardless of height. (Pub. L. 92-367, § 1 Aug. 8, 1972, 86 Stat. 506.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 467d, 467e of this title.

§ 467a. Inspection of dams; exceptions.

As soon as practicable, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a national program of inspection of dams for the purpose of protecting human life and property. All dams in the United States shall be inspected by the Secretary except (1) dams under the jurisdiction of the Bureau of Reclamation, the Tennessee Valley Authority, or the International Boundary and Water

Commission, (2) dams which have been constructed pursuant to licenses issued under the authority of the Federal Power Act, (3) dams which have been inspected within the twelve-month period immediately prior to August 8, 1972, by a State agency and which the Governor of such State requests be excluded from inspection, and (4) dams which the Secretary of the Army determines do not pose any threat to human life or property. The Secretary may inspect dams which have been licensed under the Federal Power Act upon request of the Federal Power Commission and dams under the jurisdiction of the International Boundary and Water Commission upon request of such Commission. (Pub. L. 92-367, § 2, Aug. 8, 1972, 86 Stat. 506.)

REFERENCES IN TEXT

Federal Power Act, referred to in text, is classified to chapter 12 of Title 16, Conservation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 467, 467d, 467e of this title.

§ 467b. Investigation reports to Governors; remedial

measures.

As soon as practicable after inspection of a dam, the Secretary shall notify the Governor of the State in which such dam is located the results of such investigation. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, relating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection. (Pub. L. 92-367, § 3, Aug. 8, 1972, 86 Stat. 507.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 467, 467d, 467e of this title.

§ 467c. Determination of danger to human life and property.

For the purpose of determining whether a dam (including the waters impounded by such dam) constitutes a danger to human life or property, the Secretary shall take into consideration the possibility that the dam might be endangered by overtopping, seepage, settlement, erosion, sediment, cracking, earth movement, earthquakes, failure of bulkheads, flashboard, gates on conduits, or other conditions which exist or which might occur in any area in the vicinity of the dam. (Pub. L. 92-367, § 4, Aug. 8, 1972, 86 Stat. 507.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 467, 467d, 467e of this title.

§ 467d. Report to Congress.

The Secretary shall report to the Congress on or before July 1, 1974, on his activities under sections 467 to 467e of this title, which report shall include, but not be limited to

(1) an inventory of all dams located in the United States;

(2) a review of each inspection made, the recommendations furnished to the Governor of the State in which such dam is located and infor

mation as to the implementation of such recommendation;

(3) recommendations for a comprehensive national program for the inspection, and regulation for safety purpose of dams of the Nation, and the respective responsibilities which should be assumed by Federal, State, and local governments and by public and private interests.

(Pub. L. 92-367, § 5, Aug. 8, 1972, 86 Stat. 507.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 467, 467e of this title.

§ 467e. Existing liabilities and obligations unaffected. Nothing contained in sections 467 to 467e of this title and no action or failure to act under sections 467 to 467e of this title shall be construed (1) to create any liability in the United States or its officers or employees for the recovery of damages caused by such action of failure to act; or (2) to relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam. (Pub. L. 92-367, § 6, Aug. 8, 1972, 86 Stat. 507.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 467, 467d of this title.

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 sections 491 to 498 of this title, except section 496 of this title, whether or not such bridge is to be built across or over any of the navigable waters of the United States; and (3) of the provisions of this Act. (Pub. L. 92-434, § 2, Sept. 26, 1972, 86 Stat. 731.)

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 5351 of this title and amended section 129 (a)(3) of Title 23, Highways.

SHORT TITLE

Section 1 of Pub. L. 92-434 provided: "That this Act [which enacted sections 535 to 5351 of this title and amended section 129(a) (3) of Title 23] may be cited as the 'International Bridge Act of 1972'."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535b of this title. § 535a. Congressional consent to State agreements with Canada and Mexico; Secretary of State's approval of agreements.

The consent of Congress is hereby granted for a State, or a subdivision or instrumentality of either, to enter into agreements

(1) 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

(2) 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 of such agreement shall be conditioned on its approval by the Secretary of State. (Pub. L. 92-434, § 3, Sept. 26, 1972, 86 Stat. 731.)

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 5351 of this title and amended section 129 (a) (3) of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535f of this title.

§ 535b. Presidential approval; recommendations of Federal officials.

No bridge may be constructed, maintained, and operated as provided in section 535 of this title 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. (Pub. 92-434, § 4, Sept. 26, 1972, 86 Stat. 731).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535c of this title.

§ 535c. Secretary of Transportation's approval; commencement and completion requirements; extension of time limits.

The approval of the Secretary of Transportation, as required by section 491 of this title, shall be given only subsequent to the President's approval, as provided for in section 535b of this title, 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. (Pub. L. 92434, § 5, Sept. 26, 1972, 86 Stat. 732.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535h of this title. § 535d. Tolls, collection methods; annual report; audit. 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:

(1) 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.

(2) 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 535e of this title, 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. (3) 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 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. (Pub. L. 92-434, § 6, Sept. 26, 1972, 86 Stat. 732.)

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 5351 of this title and amended section 129 (a) (3) of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535e of this title. § 535e. Ownership.

(a) Sale, assignment, or transfer; Secretary of Transportation's approval.

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 maintain an international bridge and the approaches thereto, from selling, assigning, or transferring the rights, powers, and privileges conferred by this Act: Provided, That such