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§ 297. Investigation of accident or injury giving rise to claim Notwithstanding any other law, a claim may not be considered under this subchapter, or an action for damages lie thereon, unless, prior to the departure from Canal Zone waters of the vessel involved:

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(1) the investigation by the competent authorities of the accident or injury giving rise to the claim has been completed; and (2) the basis for the claim has been laid before the Panama Canal Company.

CHAPTER 13—PUBLIC LANDS

331. Acquisition by United States of title to land in Canal Zone. 332. Withdrawal of certain tract from effect of section 331.

333. Revocable licenses for lands outside town sites.

334. Revocable licenses for lots in town sites.

§ 331. Acquisition by United States of title to land in Canal Zone

The President may declare by executive order that land and land under water within the limits of the Canal Zone is necessary for the construction, maintenance, operation, sanitation or protection of the Panama Canal, and extinguish, by agreement when advisable, claims and titles of adverse claimants and occupants. Upon failure to secure by agreement title to such a parcel of land or land under water the adverse claim or occupancy shall be disposed of and title thereto secured in the United States and compensation therefor fixed and paid in the manner provided in the convention with the Republic of Panama signed November 18, 1903, or such modification of that convention as may be made.

§ 332. Withdrawal of certain tract from effect of section 331

The tract of land situated within the Canal Zone, and more particularly described as lots numbered 641, 643, 645, and 647, in the town of Cristobal, Canal Zone, bounded on the north by Eleventh Street, on the east by Bolivar Street, on the south by lot numbered 649, and on the west by a vacant lot, having an extension from north to south of 120 feet and from east to west of 100 feet, and measuring in superficial area 12,000 square feet, is withdrawn from the operation of section 331 of this title and the Executive Order of December 5, 1912, relating thereto.

§ 333. Revocable licenses for lands outside town sites

(a) Whenever the Governor deems the action to be necessary to, or in the interest of, the Government of the United States and of the efficient maintenance, operation, sanitation, government, and protection of the Panama Canal and the Canal Zone, he or his designee may issue revocable licenses covering the use of tracts of land situated outside of town sites in the Canal Zone.

(b) The Governor shall prescribe the terms and conditions of licenses issued under this section, except that the licenses shall be revocable at the pleasure of the Governor and except that, upon revocation of a license hereunder, the licensee shall, immediately or upon such reasonable notice as the Governor prescribes, vacate the licensed area, remove therefrom all improvements which he may have placed upon the licensed area, and restore the licensed area to a condition satisfactory to the Governor, and the licensee may not be entitled to indemnification for the value of the improvements.

(c) Licenses issued by authority of the Governor prior to August 10, 1949, and still in force, covering the use of tracts of land for agricultural purposes are ratified and confirmed in accordance with the terms and conditions applicable to them, respectively. Upon the rev

ocation of any of such licenses the terms and conditions applicable to which are such as to provide for compensation to the licensee in the reasonable value of the improvements made by him on said tract, to be determined in such manner as the Governor may direct, the compensation is authorized so to be determined and to be paid out of any moneys appropriated for that purpose, except that no compensation may be paid in the case of a license revoked on account of a material breach by the licensee of the terms and conditions applicable to his license, or where the licensee has abandoned the license, or in case of the death of the licensee.

§ 334. Revocable licenses for lots in town sites

The Governor or his designee may execute licenses for lots in town sites in the Canal Zone, revocable at the pleasure of the Governor. Upon revocation of a license, the licensee shall vacate and remove improvements at once without indemnity.

CHAPTER 15-PUBLIC PROPERTY AND PROCUREMENT

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371. Acquisition or construction of structures, equipment, and improvements. 372. Transfers of properties between departments and agencies.

§ 371. Acquisition or construction of structures, equipment, and improvements

Within the limits of available funds, the Governor may:

(1) purchase or otherwise acquire equipment; and

(2) within the Canal Zone, purchase or otherwise acquire, construct, repair, replace, alter, or enlarge any building, structure, or other improvement

when in his judgment the action is necessary for the civil government, including health, sanitation, and protection of the Canal Zone.

§ 372. Transfers of properties between departments and agencies

(a) In the interest of economy and maximum efficiency in the utilization of Government property and facilities, there are authorized to be transferred between departments and agencies, with or without exchange of funds, all or so much of the facilities, buildings, structures, improvements, stock and equipment, of their activities located in the Canal Zone, as may be mutually agreed upon by the departments and agencies involved and approved by the Director of the Bureau of the Budget.

(b) With respect to transfers without exchange of funds, transfers: (1) to or from the Panama Canal Company are subject to section 62 of this title; and

(2) to or from the Canal Zone Government shall be at such appropriate amounts as are agreed upon between the Canal Zone Government and the departments or agencies concerned and approved by the Director of the Bureau of the Budget.

(c) In determining the amounts referred to in paragraph (2) of subsection (b) of this section, due consideration must be given to the cost of the transferred assets, or usable value to the transferee if clearly less than cost, and adequate provision made for depreciation of properties and equipment, obsolete or otherwise unusable inventories, and other reasonably determinable shrinkages in values. The amounts shall be added to or deducted from the investment of the United States in the Canal Zone Government as applicable.

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CHAPTER 17-TOLLS FOR USE OF CANAL

411. Prescription of measurement rules and tolls.

412. Bases of tolls.

§ 411. Prescription of measurement rules and tolls

The Panama Canal Company may prescribe, and from time to time change:

(1) the rules for the measurement of vessels for the Panama Canal; and

(2) subject to section 412 of this title, the tolls that shall be levied for the use of the Canal.

The rules of measurement and the tolls prevailing on January 2, 1963, shall continue in effect until changed as provided in this section. The Company shall give six months' notice, by publication in the Federal Register, of proposed changes in basic rules of measurement and of changes in rates of tolls, during which period a public hearing shall be conducted.

Changes in basic rules of measurement and changes in rates of tolls shall be subject to, and shall take effect upon, the approval of the President of the United States, whose action in such matters shall be final.

§ 412. Bases of tolls

(a) Tolls on merchant vessels, army and navy transports, colliers, tankers, hospital ships, supply ships, and yachts shall be based on net vessel-tons of one hundred cubic feet each of actual earning capac ity determined in accordance with the rules for the measurement of vessels for the Panama Canal, and tolls on other floating craft shall be based on displacement tonnage. The tolls on vessels in ballast without passengers or cargo may be less than the tolls for vessels with passengers or cargo.

(b) Tolls shall be prescribed at rates calculated to cover, as nearly as practicable, all costs of maintaining and operating the Panama Canal, together with the facilities and appurtenances related thereto, including interest and depreciation, and an appropriate share of the net costs of operation of the agency known as the Canal Zone Government. In the determination of the appropriate share, substantial weight shall be given to the ratio of the estimated gross revenues from tolls to the estimated total gross revenues of the Panama Canal Company exclusive of the cost of commodities resold, and exclusive of revenues arising from transactions within the Company or from transactions with the Canal Zone Government.

(c) The President of the United States may require vessels operated by the United States, including warships, naval tenders, colliers, tankers, transports, hospital ships, and other vessels owned or chartered by the United States for transporting troops or supplies, and ocean-going training ships owned by the United States and operated by State nautical schools, to pay tolls. If, however, they are not required to pay tolls, the tolls thereon shall nevertheless be computed and the amounts thereof shall be treated as revenues of the Panama Canal Company for the purpose of prescribing the rates of tolls, and shall be offset against the obligations of the Company under subsections (e) and (g) of section 62 of this title.

(d) The levy of tolls is subject to the provisions of section 1 of article III of the treaty between the United States of America and Great Britain signed November 18, 1901, of articles XVIII and XIX of the convention between the United States of America and the Republic of Panama concluded on November 18, 1903, and of article I of the treaty between the United States of America and the Republic of Colombia signed April 6, 1914.

(e) Capital investment for interest purposes shall not include any interest during construction.

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CHAPTER 19-PUBLIC WRITINGS AND RECORDS

451. Inspection by persons having legitimate interest; Judicial records. 452. Public officers must give copies.

453. Removal of public records.

471. Declaration and findings.

472. Construction, maintenance, and operation of bridge.

§ 451. Inspection by persons having legitimate interest; judicial records

(a) Except as otherwise provided by subsection (b) of this section, section 271(b) of Title 3, or any other law, every person, who has a legitimate interest therein, has the right to inspect and take a copy of any public writing or record of the Canal Zone.

(b) Attorneys admitted to practice in the Canal Zone and other officers of the court may examine judicial records without the necessity for showing a legitimate interest therein.

§ 452. Public officers must give copies

Every public officer having the custody of a public writing or record that a person has a right to inspect pursuant to section 451 of this title must give him, on demand, a certified copy of it, on payment of the legal fees therefor.

§ 453. Removal of public records

The record of a conveyance of real property, or any other record, a transcript of which is admissible in evidence, must not be removed from the office where it is kept, except upon the order of a court, in cases where the inspection of the record is shown to be essential to the just determination of the cause of proceeding pending, or where the court is held in the same building with such office.

CHAPTER 21-BRIDGES

§ 471. Declaration and findings

It is declared that:

(1) the United States is obligated under the terms of point 4 of the General Relations Agreement between the United States and the Republic of Panama, effected by an exchange of notes signed at Washington on May 18, 1942 (Executive Agreement Series Numbered 452), to construct a tunnel under, or a bridge over, the Panama Canal at Balboa;

(2) a high-level bridge at that point would be more desirable than a tunnel;

(3) the Panama Canal Company should administer the construction, maintenance, and operation of the bridge and the approaches thereto; and

(4) the expenses of construction, maintenance, and operation of the bridge and the approaches thereto should be treated as extraordinary expenses incurred through a direction based on national policy and not related to the operations of the Panama Canal Company.

§ 472. Construction, maintenance, and operation of bridge

The Panama Canal Company shall construct, maintain, and operate a high-level bridge, including approaches, over the Panama Canal at Balboa, Canal Zone.

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701. Air navigation; regulations.

702. Penalties for violation.

§ 701. Air navigation; regulations

The Government of the United States possesses, to the exclusion of all foreign nations, sovereign rights, power, and authority over the air space above the lands and waters of the Canal Zone. Until Congress otherwise provides, the President shall prescribe, and from time to time may amend, regulations governing aircraft, air navigation, air-navigation facilities, and aeronautical activities within the Canal Zone.

§ 702. Penalties for violation

Whoever violates a regulation issued under section 701 of this title shall be fined not more than $500 or imprisoned in jail not more than one year, or both.

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CHAPTER 53-ALCOHOLIC BEVERAGES

731. Regulation of manufacture, sale, etc.

732. Penalties for violation.

§ 731. Regulation of manufacture, sale, etc.

The President shall prescribe, and from time to time may amend, regulations relating to the:

(1) manufacture and sale of alcoholic beverages in the Canal Zone, and licenses and fees therefor; and

(2) importation of alcoholic beverages into, and exportation thereof from, the Canal Zone.

§ 732. Penalties for violation

Whoever violates a regulation issued pursuant to section 731 of this title shall be fined not more than $500 or imprisoned in jail not more than six months, or both, and, in addition, his license may be revoked or suspended as the President may prescribe by the regulations so issued.

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