A-86796, JUNE 25, 1937, 16 COMP. GEN. 1112

A-86796: Jun 25, 1937

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1899 PAYMENT OF TOLL CHARGES IS AUTHORIZED FOR AUTOMOBILES OF THE UNITED STATES MARINE CORPS OVER A BRIDGE SPANNING A WATERWAY THE NAVIGABLE PORTION OF WHICH LIES WHOLLY WITHIN THE STATE. 1937: THERE IS FOR CONSIDERATION A VOUCHER IN FAVOR OF THE AMERICAN TOLL BRIDGE CO. FROM THE FACTS PRESENTED IT APPEARS THAT THE CARQUINEZ BRIDGE SPANS NAVIGABLE WATERS WHOLLY WITHIN THE LIMITS OF THE STATE OF CALIFORNIA AND THAT THE FRANCHISE TO BUILD THE BRIDGE WAS GRANTED UNDER THE LAWS OF THE STATE OF CALIFORNIA WITH APPROVAL OF THE LOCATION AND PLANS JANUARY 17. IT IS PROVIDED THAT BRIDGES. PROVIDED THE LOCATION AND PLANS THEREOF ARE SUBMITTED TO AND APPROVED BY THE CHIEF OF ENGINEERS AND BY THE SECRETARY OF WAR BEFORE CONSTRUCTION IS COMMENCED.

A-86796, JUNE 25, 1937, 16 COMP. GEN. 1112

BRIDGES - TOLLS - INTRA-STATE NAVIGABLE WATERS - ACT, MARCH 3, 1899 PAYMENT OF TOLL CHARGES IS AUTHORIZED FOR AUTOMOBILES OF THE UNITED STATES MARINE CORPS OVER A BRIDGE SPANNING A WATERWAY THE NAVIGABLE PORTION OF WHICH LIES WHOLLY WITHIN THE STATE, BUILT UNDER STATE AUTHORITY UNDER THE PROVISIONS OF SECTION 9 OF THE ACT OF MARCH 3, 1899, 30 STAT. 1151, REQUIRING ONLY APPROVAL OF THE LOCATION AND PLANS BY PROPER FEDERAL OFFICIALS AND NOT MADE SUBJECT TO THE FREE OF TOLL PROVISIONS FOR FEDERAL MAILS, TROOPS, OR MUNITIONS OF WAR OF THE GENERAL BRIDGE ACT OF MARCH 23, 1906, 34 STAT. 84, OR OTHER ACTS CONTAINING SIMILAR TOLL PROVISIONS. COMP. GEN. 427; ID. 1024; DISTINGUISHED.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, JUNE 25, 1937:

THERE IS FOR CONSIDERATION A VOUCHER IN FAVOR OF THE AMERICAN TOLL BRIDGE CO., VALLEJO, CALIF; FOR $5, REPRESENTING TOLL CHARGES FOR AUTOMOBILES BELONGING TO THE UNITED STATES MARINE CORPS OVER THE CARQUINEZ BRIDGE AT VALLEJO, CALIF.

FROM THE FACTS PRESENTED IT APPEARS THAT THE CARQUINEZ BRIDGE SPANS NAVIGABLE WATERS WHOLLY WITHIN THE LIMITS OF THE STATE OF CALIFORNIA AND THAT THE FRANCHISE TO BUILD THE BRIDGE WAS GRANTED UNDER THE LAWS OF THE STATE OF CALIFORNIA WITH APPROVAL OF THE LOCATION AND PLANS JANUARY 17, 1924, BY THE CHIEF OF ENGINEERS AND THE SECRETARY OF WAR, THE CERTIFICATE OF APPROVAL BEING WORDED, IN PART, AS FOLLOWS:

WHEREAS BY SECTION 9 OF AN ACT OF CONGRESS, APPROVED MARCH 3, 1899, ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE CONSTRUCTION, REPAIR, AND PRESERVATION OF CERTAIN PUBLIC WORKS ON RIVERS AND HARBORS, AND FOR OTHER PURPOSES, IT IS PROVIDED THAT BRIDGES, DAMS, DIKES, OR CAUSEWAYS MAY BE BUILT UNDER AUTHORITY OF THE LEGISLATURE OF A STATE ACROSS RIVERS AND OTHER WATERWAYS, THE NAVIGABLE PORTIONS OF WHICH LIE WHOLLY WITHIN THE LIMITS OF A SINGLE STATE, PROVIDED THE LOCATION AND PLANS THEREOF ARE SUBMITTED TO AND APPROVED BY THE CHIEF OF ENGINEERS AND BY THE SECRETARY OF WAR BEFORE CONSTRUCTION IS COMMENCED.

AND WHEREAS, THE RODEO-VALLEJO FERRY COMPANY, OF RODEO, CONTRA COSTA COUNTY, CALIFORNIA, HAS SUBMITTED PLANS AND A MAP OF THE LOCATION OF A BRIDGE TO BE CONSTRUCTED ACROSS CARQUINEZ STRAITS, NEAR VALONA, IN THE STATE OF CALIFORNIA, UNDER AUTHORITY OF THE LEGISLATURE OF SAID STATE, WHICH PLANS AND MAP OF LOCATION ARE HERETO ATTACHED.

NOW, THEREFORE, THIS IS TO CERTIFY THAT THE LOCATION AND ATTACHED PLANS OF SAID BRIDGE ARE HEREBY APPROVED BY THE CHIEF OF ENGINEERS AND BY THE SECRETARY OF WAR, PURSUANT TO THE ABOVE-MENTIONED POSITION OF THE ACT OF MARCH 3, 1899, * * *.'

SECTION 9 OF THE ACT OF MARCH 3, 1899, 30 STAT. 1151, TITLE 33, UNITED STATES CODE, SECTION 401, PROVIDES:

THAT IT SHALL NOT BE LAWFUL TO CONSTRUCT OR COMMENCE THE CONSTRUCTION OF ANY BRIDGE, DAM, DIKE, OR CAUSEWAY OVER OR IN ANY PORT, ROADSTEAD, HAVEN, HARBOR, CANAL, NAVIGABLE RIVER, OR OTHER NAVIGABLE WATER OF THE UNITED STATES UNTIL THE CONSENT OF CONGRESS TO THE BUILDING OF SUCH STRUCTURES SHALL HAVE BEEN OBTAINED AND UNTIL THE PLANS FOR THE SAME SHALL HAVE BEEN SUBMITTED TO AND APPROVED BY THE CHIEF OF ENGINEERS AND BY THE SECRETARY OF WAR: PROVIDED, THAT SUCH STRUCTURES MAY BE BUILT UNDER AUTHORITY OF THE LEGISLATURE OF A STATE ACROSS RIVERS AND OTHER WATERWAYS THE NAVIGABLE PORTIONS OF WHICH LIE WHOLLY WITHIN THE LIMITS OF A SINGLE STATE, PROVIDED THE LOCATION AND PLANS THEREOF ARE SUBMITTED TO AND APPROVED BY THE CHIEF OF ENGINEERS AND BY THE SECRETARY OF WAR BEFORE CONSTRUCTION IS COMMENCED: AND PROVIDED FURTHER, THAT WHEN PLANS FOR ANY BRIDGE OR OTHER STRUCTURE HAVE BEEN APPROVED BY THE CHIEF OF ENGINEERS AND BY THE SECRETARY OF WAR, IT SHALL NOT BE LAWFUL TO DEVIATE FROM SUCH PLANS EITHER BEFORE OR AFTER COMPLETION OF THE STRUCTURE UNLESS THE MODIFICATION OF SAID PLANS HAS PREVIOUSLY BEEN SUBMITTED TO AND RECEIVED THE APPROVAL OF THE CHIEF OF ENGINEERS AND OF THE SECRETARY OF WAR.

IN 16 COMP. GEN. 427 IT WAS HELD THAT THE UNITED STATES IS NOT REQUIRED TO PAY TOLLS FOR THE MOVEMENT OF ITS MAILS, TROOPS, AND MUNITIONS OF WAR OVER BRIDGES CONSTRUCTED UNDER AUTHORITY OF THE CONGRESS, PURSUANT TO THE GENERAL BRIDGE ACT OF MARCH 23, 1906, 34 STAT. 84, TITLE 33, UNITED STATES CODE, SECTION 491, ET SEQ., OR ACTS OF LIKE IMPORT. IT WAS ALSO HELD THAT THE FREE MOVEMENT OF THE UNITED STATES MAILS, TROOPS, AND MUNITIONS OF WAR WAS APPLICABLE TO THOSE BRIDGES CONSTRUCTED UNDER AUTHORITY OF THE CONGRESS, GRANTED PRIOR TO THE ENACTMENT OF THE GENERAL BRIDGE ACT OF MARCH 23, 1906, WHERE SUCH STATUTORY AUTHORITY EXPRESSLY RESERVED THE RIGHT TO ALTER, AMEND, OR REPEAL SUCH AUTHORIZATION, THUS BECOMING SUBJECT TO THE TOLL PROVISIONS OF THE 1906 ACT BY VIRTUE OF SECTION 1 OF THE ACT OF JUNE 27, 1930, 46 STAT. 821, TITLE 33, UNITED STATES CODE, SECTION 498 (B), (A-83578, DATED MAY 24, 1937, PUBLISHED 16 COMP. GEN. 1024), BUT THOSE DECISIONS WERE NOT INTENDED, AND DID NOT ATTEMPT, TO ASSERT ANY RIGHT IN THE GOVERNMENT TO THE MOVEMENT OF ITS MAILS, TROOPS, OR MUNITIONS OF WAR FREE OF TOLL CHARGES IN THOSE CASES WHERE THE BRIDGES WERE BUILT UNDER STATE AUTHORITY AND NOT SUBJECT TO THE PROVISIONS OF THE GENERAL BRIDGE ACT OF MARCH 23, 1906, OR OTHER PERTINENT ACTS CONTAINING SIMILAR PROVISIONS WITH RESPECT THERETO.

BRIDGES BUILT UNDER STATE AUTHORITY REQUIRING NOTHING MORE THAN THE APPROVAL OF THE LOCATION AND PLANS BY THE CHIEF OF ENGINEERS AND THE SECRETARY OF WAR UNDER THE FIRST PROVISO OF SECTION 9 OF THE ACT OF MARCH 3, 1899, ARE NOT WITHIN THE TOLL PROVISIONS OF THE 1906 ACT. PAYMENT OF THE VOUCHER IS ACCORDINGLY AUTHORIZED, IF OTHERWISE CORRECT, AND WILL BE CERTIFIED ACCORDINGLY.