US (United States) Code. Title 32. Chapter 11: Bridges over navigable waters

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

-HEAD-

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

491. Approval of and deviation from plans; exemptions.

492. Bridge as post route; limitation as to charges against

Government; telegraph and telephone lines.

493. Use of railroad bridges by other railroad companies.

494. Obstruction of navigation; alterations and removals;

lights and signals; draws.

495. Violations of orders respecting bridges and accessory

works.

(a) Criminal penalties for violation; misdemeanor;

fine; new offenses; jurisdiction: suits for

recovery of removal expenses, enforcement of

removal, and obstruction-to-navigation causes

or questions.

(b) Civil penalties for violation; separate

offenses; notice and hearing; assessment,

collection, and remission; civil actions.

496. Time for commencement and completion of bridge.

497. "Persons" defined.

498. Reservation of right to alter or repeal.

498a, 498b. Repealed.

499. Regulations for drawbridges.

(a) Criminal penalties for violations; enforcement;

rules and regulations.

(b) Nonstructural vessel appurtenances;

unreasonable delays.

(c) Civil penalties for violation; notice and

hearing; assessment, collection, and

remission; civil actions.

500. Deflection of current; liability to riparian owners.

501. Omitted.

502. Alteration, removal, or repair of bridge or accessory

obstructions to navigation.

(a) Criminal penalties for violation; alteration or

removal requirements; notice and hearing;

specification of changes; time for compliance;

notice to United States Attorney; misdemeanor;

fine; new offenses.

(b) Proper repair requirement.

(c) Civil penalties for violation; separate

offenses; notice and hearing; assessment,

collection, and remission; civil actions.

503 to 507. Repealed.

508. Amount of tolls.

SUBCHAPTER II - ALTERATION OF BRIDGES

511. Definitions.

512. Obstruction of navigation.

513. Notice, hearings, and findings.

514. Submission and approval of general plans and

specifications.

515. Contracts for project; guaranty of cost.

516. Apportionment of cost.

517. Payment of share of United States.

518. Authorization of appropriations.

519. Noncompliance with orders; penalties; removal of

bridge.

520. Review of findings and orders.

521. Regulations and orders.

522. Existing provisions of law.

(a) Obstructing navigation; criminal penalties.

(b) Construction, reconstruction, or alteration of

bridges not completed on July 1, 1939;

apportionment of costs.

(c) Construction, reconstruction, or alteration of

bridges not begun on July 1, 1939.

523. Relocation of bridges.

524. Applicability of administrative procedure provisions.

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

525. Construction and operation of bridges.

(a) Consent of Congress.

(b) Approval of plans.

(c) Private highway toll bridges.

526, 526a. Repealed.

527. Acquisition of interstate bridges by public agencies;

amount of damages.

528. Statement of construction costs of privately owned

interstate bridges; investigation of costs;

conclusiveness of findings; review.

529. Repealed.

530. Bridges included and excluded.

531. International bridges.

532. Eminent domain.

533. Penalties for violations.

(a) Criminal penalties for violation.

(b) Civil penalties for violation; separate

offenses; notice and hearing; assessment,

collection, and remission; civil actions.

534. Conveyance of right, title, and interest of United

States in bridges transferred to States or political

subdivisions; terms and conditions.

SUBCHAPTER IV - INTERNATIONAL BRIDGES

535. Congressional consent to construction, maintenance,

and operation of international bridges; conditions of

consent.

535a. Congressional consent to State agreements with Canada

and Mexico; Secretary of State's approval of

agreements.

535b. Presidential approval; recommendations of Federal

officials.

535c. Secretary of Transportation's approval; commencement

and completion requirements; extension of time

limits.

535d. Repealed.

535e. Ownership.

(a) Sale, assignment, or transfer; Secretary of

Transportation's approval.

(b) State status of original applicant upon

acquisition of right, title, and interest

after termination of private entity licenses,

contracts, or orders.

535f. Applicability of provisions.

535g. Federal navigable waters and commerce jurisdiction

unaffected.

535h. Report of Secretary of Transportation's approval

during fiscal year.

535i. Reservation of right to alter or repeal.

-End-

-CITE-

33 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

33 USC Sec. 491 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 491. Approval of and deviation from plans; exemptions

-STATUTE-

When, after March 23, 1906, authority is granted by Congress to

any persons to construct and maintain a bridge across or over any

of the navigable waters of the United States, such bridge 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 Transportation for the Secretary's

approval, nor until the Secretary shall have approved such plans

and specifications and the location of such bridge and accessory

works; and when the plans for any bridge to be constructed under

the provisions of sections 491 to 498 of this title, have been

approved by the Secretary it shall not be lawful to deviate from

such plans, either before or after completion of the structure,

unless the modification of such plans has previously been submitted

to and received the approval of the Secretary. This section shall

not apply to any bridge over waters which are not subject to the

ebb and flow of the tide and which are not used and are not

susceptible to use in their natural condition or by reasonable

improvement as a means to transport interstate or foreign commerce.

-SOURCE-

(Mar. 23, 1906, ch. 1130, Sec. 1, 34 Stat. 84; Pub. L. 97-322,

title I, Sec. 107(c), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97-449,

Sec. 2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 98-557, Sec.

17(g)(1), Oct. 30, 1984, 98 Stat. 2869.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-557 substituted "for the Secretary's approval,

nor until the Secretary" for "and Chief of Engineers for their

approval, nor until they" and struck out "by the Chief of Engineers

and" after "have been approved", "of the Chief of Engineers and"

after "received the approval", and "of Transportation" after "by

the Secretary" and after "of the Secretary".

1983 - Pub. L. 97-449 substituted "Secretary of Transportation"

for "Secretary of War" wherever appearing. See Transfer of

Functions note below.

1982 - Pub. L. 97-322 inserted sentence at end relating to

exemption.

SHORT TITLE

Sections 491 to 498 of this title are popularly known as the

"Bridge Act of 1906" and the "General Bridge Act of 1906".

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army [formerly

War] and other offices and officers of Department of the Army

[formerly War] under this section to extent that they relate

generally to location and clearances of bridges and causeways in

navigable waters of United States transferred to and vested in

Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(B),

Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended this section to

reflect transfer made by section 6(g)(6)(B) of Pub. L. 89-670, and

repealed section 6(g)(6)(B).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 492, 493, 494, 495, 497,

498, 508, 530, 535, 535c of this title.

-End-

-CITE-

33 USC Sec. 492 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 492. Bridge as post route; limitation as to charges against

Government; telegraph and telephone lines

-STATUTE-

Any bridge built in accordance with the provisions of sections

491 to 498 of this title, shall be a lawful structure and shall be

recognized and known as a post route, upon which no higher charge

shall be made for the transmission over the same of the mails, the

troops, and the munitions of war of the United States than the rate

per mile paid for the transportation over any railroad, street

railway, or public highway leading to said bridge; and the United

States shall have the right to construct, maintain, and repair,

without any charge therefor, telegraph and telephone lines across

and upon said bridge and its approaches; and equal privileges in

the use of said bridge and its approaches shall be granted to all

telegraph and telephone companies.

-SOURCE-

(Mar. 23, 1906, ch. 1130, Sec. 2, 34 Stat. 85.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 491, 493, 494, 495, 497,

498, 508, 530, 535 of this title.

-End-

-CITE-

33 USC Sec. 493 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 493. Use of railroad bridges by other railroad companies

-STATUTE-

All railroad companies desiring the use of any railroad bridge

built in accordance with the provisions of sections 491 to 498 of

this title, shall be entitled to equal rights and privileges

relative to the passage of railway trains or cars over the same and

over the approaches thereto upon payment of a reasonable

compensation for such use; and in case of any disagreement between

the parties in regard to the terms of such use or the sums to be

paid all matters at issue shall be determined by the Secretary of

Transportation upon hearing the allegations and proofs submitted to

him.

-SOURCE-

(Mar. 23, 1906, ch. 1130, Sec. 3, 34 Stat. 85; Pub. L. 97-449, Sec.

2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-449 substituted "Secretary of Transportation"

for "Secretary of War". See Transfer of Functions note below.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army [formerly

War] and other offices and officers of Department of the Army

[formerly War] under this section to extent that they relate

generally to location and clearances of bridges and causeways in

navigable waters of United States transferred to and vested in

Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(B),

Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended this section to

reflect transfer made by section 6(g)(6)(B) of Pub. L. 89-670, and

repealed section 6(g)(6)(B).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 491, 492, 494, 495, 497,

498, 508, 530, 535 of this title.

-End-

-CITE-

33 USC Sec. 494 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 494. Obstruction of navigation; alterations and removals;

lights and signals; draws

-STATUTE-

No bridge erected or maintained under the provisions of sections

491 to 498 of this title, shall at any time unreasonably obstruct

the free navigation of the waters over which it is constructed, and

if any bridge erected in accordance with the provisions of said

sections, shall, in the opinion of the Secretary of Transportation

at any time unreasonably obstruct such navigation, either on

account of insufficient height, width of span, or otherwise, or if

there be difficulty in passing the draw opening or the drawspan of

such bridge by rafts, steamboats, or other water craft, it shall be

the duty of the Secretary of Transportation after giving the

parties interested reasonable opportunity to be heard, to notify

the persons owning or controlling such bridge to so alter the same

as to render navigation through or under it reasonably free, easy,

and unobstructed, stating in such notice the changes required to be

made, and prescribing in each case a reasonable time in which to

make such changes, and if at the end of the time so specified the

changes so required have not been made, the persons owning or

controlling such bridge shall be deemed guilty of a violation of

said sections; and all such alterations shall be made and all such

obstructions shall be removed at the expense of the persons owning

or operating said bridge. The persons owning or operating any such

bridge shall maintain, at their own expense, such lights and other

signals thereon as the Commandant of the Coast Guard shall

prescribe. If the bridge shall be constructed with a draw, then the

draw shall be opened promptly by the persons owning or operating

such bridge upon reasonable signal for the passage of boats and

other water craft.

-SOURCE-

(Mar. 23, 1906, ch. 1130, Sec. 4, 34 Stat. 85; Mar. 4, 1913, ch.

141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104,

eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Pub. L. 97-449,

Sec. 2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 100-17, title

I, Sec. 135(a), Apr. 2, 1987, 101 Stat. 173.)

-MISC1-

PRIOR PROVISIONS

Act July 5, 1884, ch. 229, Sec. 8, 23 Stat. 148, relating to

authority of Secretary of War to require owners of bridges which

obstruct navigation to relieve the situation or be penalized, was

probably omitted from the Code as superseded by this section and

section 495 of this title, which by section 498b of this title were

made applicable to bridges authorized prior to March 23, 1906.

Section would seem to supersede a provision of act Aug. 7, 1882,

ch. 433, Sec. 1, 22 Stat. 309, which read as follows: "That all

parties owning, occupying, or operating bridges over any navigable

river shall maintain at their own expense, from sunset to sunrise,

throughout the year, such lights on their bridges as may be

required by the Light-House Board for the security of navigation:

and in addition thereto all persons owning, occupying, or operating

any bridge over any navigable river shall, in any event, maintain

all lights on their bridge that may be necessary for the security

of navigation."

AMENDMENTS

1987 - Pub. L. 100-17 struck out last sentence relating to tolls.

1983 - Pub. L. 97-449 substituted "Secretary of Transportation"

for "Secretary of War" wherever appearing. See Transfer of

Functions note below.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions, powers, and duties of Secretary of the Army [formerly

War] and other offices and officers of Department of the Army

[formerly War] relating to reasonableness of tolls and to location

and clearances of bridges and causeways in navigable waters of

United States under this section transferred to and vested in

Secretary of Transportation by section 6(g)(4)(A), (6)(B) of Pub.

L. 89-670. Pub. L. 97-449 amended this section to reflect transfer

made by section 6(g)(4)(A), (6)(B) of Pub. L. 89-670, and repealed

section 6(g)(4)(A), (6)(B).

Coast Guard transferred to Department of Transportation, and

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of other officers and offices of Department of

the Treasury transferred to Secretary of Transportation by Pub. L.

89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)

of Pub. L. 89-670, however, provided that notwithstanding such

transfer of functions, Coast Guard shall operate as part of Navy in

time of war or when the President directs as provided in section 3

of Title 14, Coast Guard. See section 108 of Title 49,

Transportation.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Coast Guard, and

Commandant of Coast Guard, excepted from transfer when Coast Guard

is operating as part of Navy under sections 1 and 3 of Title 14,

Coast Guard.

"Commandant of the Coast Guard" substituted in text for

"Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946,

Secs. 101 to 104, set out in the Appendix to Title 5, Government

Organization and Employees.

Secretary of Commerce and Labor redesignated Secretary of Labor

by act Mar. 4, 1913, which enacted Department of Labor.

-MISC2-

CONNECTICUT RIVER BRIDGES

Acts Aug. 7, 1939, ch. 503, 53 Stat. 1234, and Apr. 24, 1946, ch.

214, 60 Stat. 122, were amended by act Aug. 9, 1955, ch. 631, 69

Stat. 552, to provide that the last sentence of this section should

not be applicable to bridges constructed pursuant to acts Aug. 7,

1939 and Apr. 24, 1946.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 491, 492, 493, 495, 497,

498, 508, 522, 530, 535 of this title.

-End-

-CITE-

33 USC Sec. 495 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 495. Violations of orders respecting bridges and accessory

works

-STATUTE-

(a) Criminal penalties for violation; misdemeanor; fine; new

offenses; jurisdiction: suits for recovery of removal expenses,

enforcement of removal, and obstruction-to-navigation causes or

questions

Any persons who shall willfully fail or refuse to comply with the

lawful order of the Secretary of Transportation or the Chief of

Engineers, made in accordance with the provisions of sections 491

to 498 of this title, shall be deemed guilty of a misdemeanor and

on conviction thereof shall be punished in any court of competent

jurisdiction by a fine not exceeding $5,000, and every month such

persons shall remain in default shall be deemed a new offense and

subject such persons to additional penalties therefor; and in

addition to the penalties above described the Secretary of

Transportation and the Chief of Engineers may, upon refusal of the

persons owning or controlling any such bridge and accessory works

to comply with any lawful order issued by the Secretary of

Transportation or Chief of Engineers in regard thereto, cause the

removal of such bridge and accessory works at the expense of the

persons owning or controlling such bridge, and suit for such

expense may be brought in the name of the United States against

such persons, and recovery had for such expense in any court of

competent jurisdiction; and the removal of any structures erected

or maintained in violation of the provisions of said sections, or

the order or direction of the Secretary of Transportation or Chief

of Engineers made in pursuance thereof may be enforced by

injunction, mandamus, or other summary process, upon application to

the district court in the district in which such structure may, in

whole or in part, exist, and proper proceedings to this end may be

instituted under the direction of the Attorney General of the

United States at the request of the Secretary of Transportation;

and in case of any litigation arising from any obstruction or

alleged obstruction to navigation created by the construction of

any bridge under said sections, the cause or question arising may

be tried before the district court of the United States in any

district which any portion of said obstruction or bridge touches.

(b) Civil penalties for violation; separate offenses; notice and

hearing; assessment, collection, and remission; civil actions

Whoever violates any provision of sections 491 to 498 of this

title, or any order issued under sections 491 to 498 of this title,

shall be liable to a civil penalty of not more than $1,000. Each

day a violation continues shall be deemed a separate offense. No

penalty may be assessed under this subsection until the person

charged is given notice and an opportunity for a hearing on the

charge. The Secretary of Transportation may assess and collect any

civil penalty incurred under this subsection and, in his

discretion, may remit, mitigate, or compromise any penalty until

the matter is referred to the Attorney General. If a person against

whom a civil penalty is assessed under this subsection fails to pay

that penalty, an action may be commenced in the district court of

the United States for any district in which the violation occurs

for such penalty.

-SOURCE-

(Mar. 23, 1906, ch. 1130, Sec. 5, 34 Stat. 85; Mar. 3, 1911, ch.

231, Secs. 289, 291, 36 Stat. 1167; Pub. L. 97-322, title I, Sec.

108(c), Oct. 15, 1982, 96 Stat. 1584; Pub. L. 97-449, Sec. 2(d)(1),

Jan. 12, 1983, 96 Stat. 2440.)

-COD-

CODIFICATION

The words "district court" were substituted for "circuit court,"

upon incorporation into the Code, the Circuit Courts being

abolished by act Mar. 3, 1911, and their powers and duties

transferred to the district courts by section 291 of that act.

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-449 substituted "Secretary of

Transportation" for "Secretary of War" wherever appearing. See

Transfer of Functions note below.

1982 - Subsec. (a). Pub. L. 97-322, Sec. 108(c)(1)-(3),

designated existing provisions as subsec. (a), provided for

punishment of persons who shall "willfully" fail to comply with

lawful orders, and struck out "shall be deemed guilty of a

violation of said sections, and any persons who shall be guilty of

a violation of said sections" after "sections 491 to 498 of this

title,".

Subsec. (b). Pub. L. 97-322, Sec. 108(c)(4), added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army [formerly

War] and other offices and officers of Department the Army

[formerly War] under this section to extent that they relate

generally to location and clearances of bridges and causeways in

navigable waters of United States transferred to and vested in

Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(B),

Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended this section to

reflect transfer made by section 6(g)(6)(B) of Pub. L. 89-670, and

repealed section 6(g)(6)(B).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 491, 492, 493, 494, 497,

498, 508, 530, 535 of this title.

-End-

-CITE-

33 USC Sec. 496 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 496. Time for commencement and completion of bridge

-STATUTE-

Whenever Congress shall after March 23, 1906, by law authorize

the construction of any bridge over or across any of the navigable

waters of the United States, and no time for the commencement and

completion of such bridge is named in said Act, the authority

thereby granted shall cease and be null and void unless the actual

construction of the bridge authorized in such Act be commenced

within one year and completed within three years from the date of

the passage of such Act.

-SOURCE-

(Mar. 23, 1906, ch. 1130, Sec. 6, 34 Stat. 86.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 491, 492, 493, 494, 495,

497, 498, 508, 530, 535 of this title.

-End-

-CITE-

33 USC Sec. 497 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 497. "Persons" defined

-STATUTE-

The word "persons" as used in sections 491 to 498 of this title,

shall be construed to import both the singular and the plural, as

the case demands, and shall include municipalities, quasi-municipal

corporations, corporations, companies, and associations.

-SOURCE-

(Mar. 23, 1906, ch. 1130, Sec. 7, 34 Stat. 86.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 491, 492, 493, 494, 495,

498, 508, 530, 535 of this title.

-End-

-CITE-

33 USC Sec. 498 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 498. Reservation of right to alter or repeal

-STATUTE-

The right to alter, amend, or repeal sections 491 to 498 of this

title, is expressly reserved as to any and all bridges which may be

built in accordance with the provisions of said sections, and the

United States shall incur no liability for the alteration,

amendment, or repeal thereof to the owner or owners or any other

persons interested in any bridge which shall have been constructed

in accordance with its provisions.

-SOURCE-

(Mar. 23, 1906, ch. 1130, Sec. 8, 34 Stat. 86.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 491, 492, 493, 494, 495,

497, 508, 530, 535 of this title.

-End-

-CITE-

33 USC Sec. 498a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 498a. Repealed. Pub. L. 100-17, title I, Sec. 135(b), Apr. 2,

1987, 101 Stat. 174

-MISC1-

Section, act June 10, 1930, ch. 441, Sec. 17, 46 Stat. 552,

provided that, in the case of bridges authorized prior to June 10,

1930, by Acts of Congress, where Congress has specifically reserved

the right to regulate tolls, such bridges, with respect to

regulation of all tolls, be subject to sections 491 to 498 of this

title.

-End-

-CITE-

33 USC Sec. 498b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 498b. Repealed. Pub. L. 100-17, title I, Sec. 135(c), Apr. 2,

1987, 101 Stat. 174

-MISC1-

Section, act June 27, 1930, ch. 640, Sec. 1, 46 Stat. 821,

provided that, in case of any bridge authorized prior to Mar. 23,

1906, by Act of Congress, where Congress has specifically reserved

the right to alter, amend, or repeal such Act, regulation of all

tolls be subject to sections 491 to 498 of this title.

-End-

-CITE-

33 USC Sec. 499 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 499. Regulations for drawbridges

-STATUTE-

(a) Criminal penalties for violations; enforcement; rules and

regulations

It shall be the duty of all persons owning, operating, and

tending the drawbridges built prior to August 18, 1894, or which

may thereafter be built across the navigable rivers and other

waters of the United States, to open, or cause to be opened, the

draws of such bridges under such rules and regulations as in the

opinion of the Secretary of Transportation the public interests

require to govern the opening of drawbridges for the passage of

vessels and other water crafts, and such rules and regulations,

when so made and published, shall have the force of law. Every such

person who shall willfully fail or refuse to open, or cause to be

opened, the draw of any such bridge for the passage of a boat or

boats, as provided in such regulations, shall be deemed guilty of a

misdemeanor, and on conviction thereof shall be punished by a fine

of not more than $2,000 nor less than $1,000, or by imprisonment

(in the case of a natural person) for not exceeding one year, or by

both such fine and imprisonment, in the discretion of the court:

Provided, That the proper action to enforce the provisions of this

subsection may be commenced before any magistrate judge, judge, or

court of the United States, and such magistrate judge, judge, or

court shall proceed in respect thereto as authorized by law in case

of crimes against the United States: Provided further, That

whenever, in the opinion of the Secretary of Transportation, the

public interests require it, he may make rules and regulations to

govern the opening of drawbridges for the passage of vessels and

other water crafts, and such rules and regulations, when so made

and published, shall have the force of law, and any willful

violation thereof shall be punished as hereinbefore provided:

Provided further, That any regulations made in pursuance of this

section may be enforced as provided in section 413 of this title,

the provisions whereof are made applicable to the said regulations.

Any rules and regulations made in pursuance of this section shall,

to the extent practical and feasible, provide for regularly

scheduled openings of drawbridges during seasons of the year, and

during times of the day, when scheduled openings would help reduce

motor vehicle traffic delays and congestion on roads and highways

linked by drawbridges.

(b) Nonstructural vessel appurtenances; unreasonable delays

No vessel owner or operator shall signal a drawbridge to open for

any nonstructural vessel appurtenance which is not essential to

navigation or which is easily lowered and no person shall

unreasonably delay the opening of a draw after the signal required

by rules or regulations under this section has been given. The

Secretary of Transportation shall issue rules and regulations to

implement this subsection.

(c) Civil penalties for violation; notice and hearing; assessment,

collection, and remission; civil actions

Whoever violates any rule or regulation issued under subsection

(a) or (b) of this section, shall be liable to a civil penalty of

not more than $1,000. No penalty may be assessed under this

subsection until the person charged is given notice and an

opportunity for a hearing on the charge. The Secretary of

Transportation may assess and collect any civil penalty incurred

under this subsection and, in his discretion, may remit, mitigate,

or compromise any penalty until the matter is referred to the

Attorney General. If a person against whom a civil penalty is

assessed under this subsection fails to pay that penalty, an action

may be commenced in the district court of the United States for any

district in which the violation occurs for such penalty.

-SOURCE-

(Aug. 18, 1894, ch. 299, Sec. 5, 28 Stat. 362; June 13, 1902, ch.

1079, Sec. 6, 32 Stat. 374; Pub. L. 90-578, title IV, Sec.

402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 97-322, title I,

Sec. 108(a), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97-449, Sec.

2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 100-448, Sec. 21,

Sept. 28, 1988, 102 Stat. 1846; Pub. L. 101-650, title III, Sec.

321, Dec. 1, 1990, 104 Stat. 5117.)

-COD-

CODIFICATION

The last proviso of subsec. (a) of this section was from a part

of section 6 of act June 13, 1902, which reads as follows: "Any

regulations heretofore or hereafter prescribed by the Secretary of

War in pursuance of the fourth and fifth sections of the river and

harbor Act of August eighteenth, eighteen hundred and ninety-four

[this section and section 1 of this title], and any regulations

hereafter prescribed in pursuance of the aforesaid section four as

amended by section eleven of this Act [section 1 of this title],

may be enforced as provided in section seventeen of the river and

harbor Act of March third, eighteen hundred and ninety-nine

[section 413 of this title], the provisions whereof are hereby made

applicable to the said regulations."

The last paragraph of section 1 of this title is also from a part

of section 6 of act June 13, 1902.

Except for the last proviso of subsec. (a), this section was from

act Aug. 18, 1894.

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-448 inserted at end "Any rules

and regulations made in pursuance of this section shall, to the

extent practical and feasible, provide for regularly scheduled

openings of drawbridges during seasons of the year, and during

times of the day, when scheduled openings would help reduce motor

vehicle traffic delays and congestion on roads and highways linked

by drawbridges."

1983 - Subsec. (a). Pub. L. 97-449 substituted "Secretary of

Transportation" for "Secretary of War" wherever appearing. See

Transfer of Functions note below.

1982 - Subsec. (a). Pub. L. 97-322, Sec. 108(a)(1)-(4),

designated existing provisions as subsec. (a); struck out from

second sentence after "boats," the clause "or who shall

unreasonably delay the opening of said draw after reasonable signal

shall have been given,"; substituted in first proviso "subsection"

for "section"; and in second proviso provided for punishment of

"willful" violation of rules and regulations.

Subsecs. (b), (c). Pub. L. 97-322, Sec. 108(a)(5), added subsecs.

(b) and (c).

-CHANGE-

CHANGE OF NAME

"Magistrate judge" substituted in text for "magistrate" pursuant

to section 321 of Pub. L. 101-650, set out as a note under section

631 of Title 28, Judiciary and Judicial Procedure. Previously,

"magistrate" substituted for "commissioner" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

-TRANS-

TRANSFER OF FUNCTIONS

Section 6(g)(2) of Pub. L. 89-670 transferred functions, powers,

and duties of Secretary of the Army [formerly War] and other

officers and offices of Department of the Army [formerly War]

relating to drawbridge operating regulations under this section to

Secretary of Transportation. Pub. L. 97-449 amended this section to

reflect transfer made by section 6(g)(2) of Pub. L. 89-670, and

repealed section 6(g)(2).

-End-

-CITE-

33 USC Sec. 500 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 500. Deflection of current; liability to riparian owners

-STATUTE-

Whenever complaint shall be made to the Secretary of the Army

that by reason of the placing in any navigable waters of the United

States of any bridge pier or abutment, the current of such waters

has been so deflected from its natural course as to cause by

producing caving of banks or otherwise serious damage or danger to

property, it shall be his duty to make inquiry, and if it shall be

ascertained that the complaint is well founded, he shall cause the

owners or persons operating such bridge to repair such damage or

prevent such danger to property by such means as he shall indicate

and within such time as he may name, and in default thereof the

owners or persons operating such bridge shall be liable in any

court of competent jurisdiction to the persons injured in a sum

double the amount of said injury: Provided, however, That nothing

herein contained shall be construed so as to affect any rights of

action which may have existed prior to August 11, 1888.

-SOURCE-

(Aug. 11, 1888, ch. 860, Sec. 2, 25 Stat. 423; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat 501.)

-COD-

CODIFICATION

Section was from the River and Harbor Appropriation Act of 1888.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under sections 491

to 498 of this title to extent that they relate generally to

location and clearances of bridges and causeways in navigable

waters of United States transferred to and vested in Secretary of

Transportation by Pub. L. 89-670, Sec. 6(g)(6)(B), Oct. 15, 1966,

80 Stat. 931. Pub. L. 97-449 amended sections 491 to 498 of this

title to reflect transfer made by section 6(g)(6)(B) of Pub. L.

89-670, and repealed section 6(g)(6)(B).

-End-

-CITE-

33 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 501. Omitted

-COD-

CODIFICATION

Section, R.S. Sec. 5250, gave assent of Congress to construction

of bridges across the Maquoketa River in Iowa.

-End-

-CITE-

33 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 502. Alteration, removal, or repair of bridge or accessory

obstructions to navigation

-STATUTE-

(a) Criminal penalties for violation; alteration or removal

requirements; notice and hearing; specification of changes; time

for compliance; notice to United States attorney; misdemeanor;

fine; new offenses

Whenever the Secretary of Transportation shall have good reason

to believe that any railroad or other bridge over any of the

navigable waterways of the United States is an unreasonable

obstruction to the free navigation of such waters on account of

insufficient height, width of span, or otherwise, or where there is

difficulty in passing the draw opening or the draw span of such

bridge by rafts, steamboats, or other water craft, it shall be the

duty of the said Secretary, first giving the parties reasonable

opportunity to be heard, to give notice to the persons or

corporations owning or controlling such bridge so to alter the same

as to render navigation through or under it reasonably free, easy,

and unobstructed; and in giving such notice he shall specify the

changes that are required to be made, and shall prescribe in each

case a reasonable time in which to make them. If at the end of such

time the alteration has not been made, the Secretary of

Transportation shall forthwith notify the United States attorney

for the district in which such bridge is situated, to the end that

the criminal proceedings hereinafter in this section mentioned may

be taken. If the persons, corporation, or association owning or

controlling any railroad or other bridge shall, after receiving

notice to that effect, as hereinbefore required, from the Secretary

of Transportation and within the time prescribed by him willfully

fail or refuse to remove the same or to comply with the lawful

order of the Secretary of the Army in the premises, such persons,

corporation, or association shall be deemed guilty of a misdemeanor

and on conviction thereof shall be punished by a fine not exceeding

$5,000, and every month such persons, corporation, or association

shall remain in default in respect to the removal or alteration of

such bridge shall be deemed a new offense, and subject the persons,

corporation, or association so offending to the penalties above

prescribed.

(b) Proper repair requirement

No owner or operator of any bridge, drawbridge, or causeway shall

endanger, unreasonably obstruct, or make hazardous the free

navigation of any navigable water of the United States by reason of

the failure to keep the bridge, drawbridge, or causeway and any

accessory works in proper repair.

(c) Civil penalties for violation; separate offenses; notice and

hearing; assessment, collection, and remission; civil actions

Whoever violates any provision of this section, or any order

issued under this section, shall be liable to a civil penalty of

not more than $1,000. Each day a violation continues shall be

deemed a separate offense. No penalty may be assessed under this

subsection until the person charged is given notice and an

opportunity for a hearing on the charge. The Secretary of

Transportation may assess and collect any civil penalty incurred

under this subsection and, in his discretion, may remit, mitigate,

or compromise any penalty until the matter is referred to the

Attorney General. If a person against whom a civil penalty is

assessed under this subsection fails to pay that penalty, an action

may be commenced in the district court of the United States for any

district in which the violation occurs for such penalty.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 18, 30 Stat. 1153; Mar. 3, 1911, ch.

231, Sec. 291, 36 Stat. 1167; Jan. 31, 1928, ch. 14, Sec. 1, 45

Stat. 54; June 25, 1948, ch. 646, Secs. 1, 39, 62 Stat. 909, 992;

Pub. L. 97-322, title I, Sec. 108(b), Oct. 15, 1982, 96 Stat.

1583.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1899, popularly known as the "Rivers

and Harbors Appropriation Act of 1899".

The words "or from the existing circuit courts," which followed

"district courts" in the proviso were superseded by the abolition

of the circuit courts and the transfer of their jurisdiction to the

district courts, by act Mar. 3, 1911.

-MISC1-

PRIOR PROVISIONS

This section superseded act Aug. 11, 1888, ch. 860, Secs. 9, 10,

25 Stat. 424, as amended by act Sept. 19, 1890, ch. 907, Secs. 4,

5, 26 Stat. 453, which required the Secretary of War to provide

against obstructions to navigation by bridges, and prescribed a

punishment on the owner's default in making the required

alterations.

The Secretary of War was authorized to make the required changes

in bridges obstructing navigation on the owner's failure to do so,

and the Attorney General was required to institute proceedings

against the owner for the recovery of the cost of such changes, by

act July 5, 1884, ch. 229, Sec. 8, 23 Stat. 148.

AMENDMENTS

1982 - Subsec. (a). Pub. L. 97-322 designated existing provisions

as subsec. (a), substituted "Secretary of Transportation" for

"Secretary of War" wherever appearing, and struck out "recommended

by the Chief of Engineers" after "specify the charges".

Subsecs. (b), (c). Pub. L. 97-322 added subsecs. (b) and (c).

1948 - Act June 25, 1948, Sec. 39, repealed proviso at end

relating to appeals. See sections 1252 and 1253 of title 28.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorney" for "district attorney of the United States". See section

541 of Title 28, Judiciary and Judicial Procedure, and Historical

and Revision Notes thereunder.

-MISC2-

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment by act June 25, 1948 effective Sept. 1, 1948, see

section 38 of act June 25, 1948, set out as an Effective Date note

preceding section 1 of Title 28, Judiciary and Judicial Procedure.

LIMITATION ON APPLICATION

Section as not applicable to bridges constructed under sections

491 to 498 of this title, see section 494 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 409, 412, 418, 522 of

this title.

-End-

-CITE-

33 USC Sec. 503 to 507 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 503 to 507. Repealed. Pub. L. 100-17, title I, Sec. 135(d),

Apr. 2, 1987, 101 Stat. 174

-MISC1-

Section 503, act Aug. 21, 1935, ch. 597, Sec. 1, 49 Stat. 670,

provided that, on and after Aug. 21, 1935, tolls over any bridge

over any of the navigable waters of the United States, if such

bridge is used for travel or transportation in interstate or

foreign commerce, be just and reasonable and specified bridges to

which sections 503 to 507 of this title not apply.

Section 504, acts Aug. 21, 1935, ch. 597, Sec. 2, 49 Stat. 671;

Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440,

authorized Secretary of Transportation to determine reasonableness

of any toll charged for passage or transit over any bridge to which

sections 503 to 507 of this title applied and to prescribe an order

establishing a reasonable toll, which order was to take effect

thirty days after issuance.

Section 505, acts Aug. 21, 1935, ch. 597, Sec. 3, 49 Stat. 671;

June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch.

139, Sec. 127, 63 Stat. 107; Jan. 12, 1983, Pub. L. 97-449, Sec.

2(d)(1), 96 Stat. 2440, provided for judicial review of orders of

the Secretary of Transportation prescribing reasonable tolls.

Section 506, acts Aug. 21, 1935, ch. 597, Sec. 4, 49 Stat. 671;

Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 235, 84 Stat. 930;

Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440,

authorized Secretary of Transportation to hold hearings in

determining reasonableness of tolls, to require attendance of

witnesses, and to punish witnesses for failure to attend such

hearings.

Section 507, act Aug. 21, 1935, ch. 597, Sec. 5, 49 Stat. 672,

related to punishment for failure to obey an order prescribing

toll.

-End-

-CITE-

33 USC Sec. 508 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 508. Amount of tolls

-STATUTE-

Tolls for passage or transit over any bridge constructed under

the authority of the Act of March 23, 1906 (34 Stat. 84; 33 U.S.C.

491-498), commonly known as the "Bridge Act of 1906", the General

Bridge Act of 1946 [33 U.S.C. 525 et seq.], and the International

Bridge Act of 1972 [33 U.S.C. 535 et seq.] shall be just and

reasonable.

-SOURCE-

(Pub. L. 100-17, title I, Sec. 135(i), Apr. 2, 1987, 101 Stat.

174.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 23, 1906 (34 Stat. 84; 33 U.S.C. 491-498), commonly

known as the "Bridge Act of 1906", referred to in text, is act Mar.

23, 1906, ch. 1130, 34 Stat. 84, as amended, which enacted sections

491 to 498 of this title. For complete classification of this Act

of the Code, see Short Title note set out under section 491 of this

title and Tables.

The General Bridge Act of 1946, referred to in text, is title V

of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is

classified generally to subchapter III (Sec. 525 et seq.) of this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 525 of this title and

Tables.

The International Bridge Act of 1972, referred to in text, is

Pub. L. 92-434, Sept. 26, 1972, 86 Stat. 731, as amended, which is

classified principally to subchapter IV (Sec. 535 et seq.) of this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 535 of this title and

Tables.

-End-

-CITE-

33 USC SUBCHAPTER II - ALTERATION OF BRIDGES 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

SUBCHAPTER II - ALTERATION OF BRIDGES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 49 section 104.

-End-

-CITE-

33 USC Sec. 511 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 511. Definitions

-STATUTE-

When used in this subchapter, unless the context indicates

otherwise -

The term "alteration" includes changes of any kind,

reconstruction, or removal in whole or in part.

The term "bridge" means a lawful bridge over navigable waters of

the United States, including approaches, fenders, and appurtenances

thereto, which is used and operated for the purpose of carrying

railroad traffic, or both railroad and highway traffic, or if a

State, county, municipality, or other political subdivision is the

owner or joint owner thereof, which is used and operated for the

purpose of carrying highway traffic.

The term "bridge owner" means any State, county, municipality, or

other political subdivision, or any corporation, association,

partnership, or individual owning, or jointly owning, any bridge,

and, when any bridge shall be in the possession or under the

control of any trustee, receiver, trustee in a case under title 11,

or lessee, such terms shall include both the owner of the legal

title and the person or the entity in possession or control of such

bridge.

The term "Secretary" means the Secretary of Transportation.

The term "United States", when used in a geographical sense,

includes the Territories and possessions of the United States.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 1, 54 Stat. 497; July 16, 1952, ch.

889, Sec. 1, 66 Stat. 732; Pub. L. 95-598, title III, Sec. 323,

Nov. 6, 1978, 92 Stat. 2679; Pub. L. 97-449, Sec. 2(d)(2), Jan. 12,

1983, 96 Stat. 2440.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-449 substituted provision that the term

"Secretary" means the Secretary of Transportation for provision

that it meant the Secretary of War acting directly or through the

Chief of Engineers.

1978 - Pub. L. 95-598 substituted in definition of "bridge owner"

the phrase "trustee in a case under title 11" for "trustee in

bankruptcy".

1952 - Act of July 16, 1952, redefined "bridge" and "bridge

owner".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Dates note

preceding section 101 of Title 11, Bankruptcy.

SHORT TITLE

Sections 511 to 523 of this title are popularly known as the

"Hobbs Bridge Act" and also as the "Truman-Hobbs Act".

-TRANS-

TRANSFER OF FUNCTIONS

Section 6(g)(3) of Pub. L. 89-670 transferred functions, powers,

and duties of Secretary of the Army [formerly War] and other

officers and offices of Department of the Army [formerly War]

relating to obstructive bridges under this subchapter to Secretary

of Transportation. Pub. L. 97-449 amended this section to reflect

transfer made by section 6(g)(3) of Pub. L. 89-670, and repealed

section 6(g)(3).

-End-

-CITE-

33 USC Sec. 512 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 512. Obstruction of navigation

-STATUTE-

No bridge shall at any time unreasonably obstruct the free

navigation of any navigable waters of the United States.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 2, 54 Stat. 498.)

-End-

-CITE-

33 USC Sec. 513 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 513. Notice, hearings, and findings

-STATUTE-

Whenever any bridge shall, in the opinion of the Secretary, at

any time unreasonably obstruct such navigation, it shall be the

duty of the Secretary, after notice to interested parties, to hold

a hearing at which the bridge owner, those interested in water

navigation thereunder or therethrough, those interested in either

railroad or highway traffic thereover, and any other party or

parties in interest shall have full opportunity to offer evidence

and be heard as to whether any alteration of such bridge is needed,

and if so what alterations are needed, having due regard to the

necessity of free and unobstructed water navigation and to the

necessities of the rail or highway traffic. If, upon such hearing,

the Secretary determines that any alterations of such bridge are

necessary in order to render navigation through or under it

reasonably free, easy, and unobstructed, having due regard also for

the necessities of rail or highway traffic thereover, he shall so

find and shall issue and cause to be served upon interested parties

an order requiring such alterations of such bridge as he finds to

be reasonably necessary for the purposes of navigation.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 3, 54 Stat. 498.)

-End-

-CITE-

33 USC Sec. 514 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 514. Submission and approval of general plans and

specifications

-STATUTE-

After the service of an order under this subchapter, it shall be

the duty of the bridge owner to prepare and submit to the Secretary

of Transportation, within a reasonable time as prescribed by the

Secretary, general plans and specifications to provide for the

alteration of such bridge in accordance with such order, and for

such additional alteration of such bridge as the bridge owner may

desire to meet the necessities of railroad or highway traffic, or

both. The Secretary may approve or reject such general plans and

specifications, in whole or in part, and may require the submission

of new or additional plans and specifications, but when the

Secretary shall have approved general plans and specifications,

they shall be final and binding upon all parties unless changes

therein be afterward approved by the Secretary and the bridge

owner.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 4, 54 Stat. 498; Pub. L. 94-587, Sec.

119, Oct. 22, 1976, 90 Stat. 2924.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-587 substituted provision for preparation and

submission of general plans and specifications within a reasonable

time as prescribed by the Secretary after the service of an order

for provision for such action within ninety days after service of

his order.

-End-

-CITE-

33 USC Sec. 515 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 515. Contracts for project; guaranty of cost

-STATUTE-

After approval of such general plans and specifications by the

Secretary, and after notification of such approval, the bridge

owner shall, in such manner and within such times as the Secretary

may prescribe, take bids for the alteration of such bridge in

accordance with such general plans and specifications. All bids,

including any bid for all or part of the project submitted by the

bridge owner, shall be submitted to the Secretary, together with a

recommendation by the bridge owner as to the most competent bid or

bids, and at the same time the bridge owner shall submit to the

Secretary a written guaranty that the total cost of the project,

including the cost of such work as is to be performed by the bridge

owner and not included in the work to be performed by contract,

shall not exceed the sum stated in said guaranty. The Secretary may

direct the bridge owner to reject all bids and to take new bids, or

may authorize the bridge owner to proceed with the project, by

contract, or partly by contract and partly by the bridge owner, or

wholly by the bridge owner. Upon such authorization and fixing of

the proportionate shares of the cost as provided in section 516 of

this title, the bridge owner shall, within a reasonable time to be

prescribed by the Secretary, proceed with the work of alteration;

and the cost thereof shall be borne by the United States and by the

bridge owner, as provided in sections 516 and 517 of this title:

Provided, That where funds have been appropriated for part only of

a project, the bridge owner may take bids for part only of the

work. In the event the bridge owner proceeds with the alteration

through the taking of successive partial bids, the bridge owner

shall, if required by the Secretary, submit a revised guaranty of

cost after bids are accepted for successive parts of the work.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 5, 54 Stat. 498; Pub. L. 85-640, Sec.

1(a), (b), Aug. 14, 1958, 72 Stat. 595.)

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-640 struck out provisions which required bridge

owner to take bids within 90 days after notification of approval of

general plans and specifications, and inserted provisions

permitting the taking of partial bids where funds have been

appropriated for part of a project, and requiring the bridge owner,

if requested, to submit a revised guaranty of cost.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 516, 522 of this title.

-End-

-CITE-

33 USC Sec. 516 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 516. Apportionment of cost

-STATUTE-

At the time the Secretary shall authorize the bridge owner to

proceed with the project, as provided in section 515 of this title,

and after an opportunity to the bridge owner to be heard thereon,

the Secretary shall determine and issue an order specifying the

proportionate shares of the total cost of the project to be borne

by the United States and by the bridge owner. Such apportionment

shall be made on the following basis: The bridge owner shall bear

such part of the cost as is attributable to the direct and special

benefits which will accrue to the bridge owner as a result of the

alteration, including the expectable savings in repair or

maintenance costs; and that part of the cost attributable to the

requirements of traffic by railroad or highway, or both, including

any expenditure for increased carrying capacity of the bridge, and

including such proportion of the actual capital cost of the old

bridge or of such part of the old bridge as may be altered or

changed or rebuilt, as the used service life of the whole or a

part, as the case may be, bears to the total estimated service life

of the whole or such part: Provided, That in the event the

alteration or relocation of any bridge may be desirable for the

reason that the bridge unreasonably obstructs navigation, but also

for some other reason, the Secretary may require equitable

contribution from any interested person, firm, association,

corporation, municipality, county, or State desiring such

alteration or relocation for such other reason, as a condition

precedent to the making of an order for such alteration or

relocation. The United States shall bear the balance of the cost,

including that part attributable to the necessities of navigation:

And provided further, That where the bridge owner proceeds with the

alteration on a successive partial bid basis the Secretary is

authorized to issue an order of apportionment of cost for the

entire alteration based on the accepted bid for the first part of

the alteration and an estimate of cost for the remainder of the

work. The Secretary is authorized to revise the order of

apportionment of cost, to the extent he deems reasonable and

proper, to meet any changed conditions.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 6, 54 Stat. 499; July 16, 1952, ch.

889, Sec. 2, 66 Stat. 733; Pub. L. 85-640, Sec. 1(c), Aug. 14,

1958, 72 Stat. 595.)

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-640 permitted issuance of an order of

apportionment of cost for entire alteration based on the accepted

bid for first part of alteration and an estimate of cost for

remainder of work where bridge owner proceeds with alteration on a

successive partial bid basis.

1952 - Act July 16, 1952, made railroads share equally with

proprietors of highways in bearing cost of alterations necessary to

remove obstacles to navigation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 515, 520, 523 of this

title.

-End-

-CITE-

33 USC Sec. 517 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 517. Payment of share of United States

-STATUTE-

Following service of the order requiring alteration of the

bridge, the Secretary of Transportation may make partial payments

as the work progresses to the extent that funds have been

appropriated. The total payments out of Federal funds shall not

exceed the proportionate share of the United States of the total

cost of the project paid or incurred by the bridge owner, and, if

such total cost exceeds the cost guaranteed by the bridge owner,

shall not exceed the proportionate share of the United States of

such guaranteed cost, except that if the cost of the work exceeds

the guaranteed cost by reason of emergencies, conditions beyond the

control of the owner, or unforeseen or undetermined conditions, the

Secretary of Transportation may, after full review of all the

circumstances, provide for additional payments by the United States

to help defray such excess cost to the extent he deems to be

reasonable and proper, and shall certify such additional payments

to the Secretary of the Treasury for payment. All payments to any

bridge owner herein provided for shall be made by the Secretary of

the Treasury through the Fiscal Service upon certifications of the

Secretary of Transportation.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 7, 54 Stat. 499; 1940 Reorg. Plan No.

III, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231;

Pub. L. 85-640, Sec. 1(d), Aug. 14, 1958, 72 Stat. 596; Pub. L.

91-605, title I, Sec. 118, Dec. 31, 1970, 84 Stat. 1725; Pub. L.

97-449, Sec. 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-449 substituted "Secretary of Transportation"

for "Secretary of War" wherever appearing, which substitution had

previously been made by Pub. L. 91-605. See, also, Transfer of

Functions note below.

1970 - Pub. L. 91-605 substituted provision permitting Secretary

of Transportation to make payments for design work performed prior

to the actual commencement of bridge alteration but after the order

to alter has been issued for provision requiring Secretary of War

to approve alteration plans, the cost guaranty, the fixing of

proportionate shares as between the United States and bridge owner,

and the commencement of the alteration, before the Chief of

Engineers may make payments for bridge alteration, inserted

reference to Secretary of Transportation in second sentence, and

substituted "Secretary of Transportation" for "Secretary of War" in

third sentence.

1958 - Pub. L. 85-640 struck out provisions which required

Secretary of War to furnish to Secretary of the Treasury a

certified copy of his approval of the plans and specifications and

guaranty, and of his order fixing the proportionate shares, and

which required the Secretary of the Treasury to set aside the share

of the United States for the project.

-TRANS-

TRANSFER OF FUNCTIONS

Section 6(g)(3) of Pub. L. 89-670 transferred functions, powers,

and duties of Secretary of the Army [formerly War] and other

officers and offices of Department of the Army [formerly War]

relating to obstructive bridges under this subchapter to Secretary

of Transportation. Pub. L. 97-449 amended this section to reflect

transfer made by section 6(g)(3) of Pub. L. 89-670, and repealed

section 6(g)(3).

"Fiscal Service" substituted in text for "Division of

Disbursement" on authority of section 1(a)(1) of Reorg. Plan No.

III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set

out in the Appendix to Title 5, Government Organization and

Employees, which consolidated such division into Fiscal Service of

Department of the Treasury. See section 306 of Title 31, Money and

Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 515 of this title.

-End-

-CITE-

33 USC Sec. 518 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 518. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of this subchapter.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 8, 54 Stat. 500.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 523 of this title.

-End-

-CITE-

33 USC Sec. 519 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 519. Noncompliance with orders; penalties; removal of bridge

-STATUTE-

Any bridge owner who shall willfully fail or refuse to comply

with any lawful order of the Secretary, made in accordance with the

provisions of this subchapter, shall be deemed guilty of a

misdemeanor and on conviction thereof shall be punished in any

court of competent jurisdiction by a fine not exceeding $5,000, and

every month such bridge owner shall remain in default shall be

deemed a new offense and subject such bridge owner to additional

penalties therefor. In addition to the penalties above prescribed

the Secretary may, upon the failure or refusal of any bridge owner

to comply with any lawful order issued by the Secretary in regard

thereto, cause the removal of any such bridge and accessory works

at the expense of the bridge owner; and suit for such expense may

be brought in the name of the United States against such bridge

owner and recovery had for such expense in any court of competent

jurisdiction. The removal of any bridge erected or maintained in

violation of the provisions of this subchapter or the order or

direction of the Secretary made in pursuance thereof, and

compliance with any order of the Secretary made with respect to any

bridge in accordance with the provisions of this subchapter, may be

enforced by injunction, mandamus, or other summary process upon

application to the district court of any district in which such

bridge may, in whole or in part, exist, and proper proceedings to

this end may be instituted under the direction of the Attorney

General of the United States at the request of the Secretary.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 9, 54 Stat. 500.)

-End-

-CITE-

33 USC Sec. 520 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 520. Review of findings and orders

-STATUTE-

Any order made or issued under section 516 of this title may be

reviewed by the court of appeals for any judicial circuit in which

the bridge in question is wholly or partly located, if a petition

for such review is filed within three months after the date such

order is issued. The judgment of any such court shall be final

except that it shall be subject to review by the Supreme Court of

the United States upon certification or certiorari, in the manner

provided in section 1254 of title 28. The review by such Court

shall be limited to questions of law, and the findings of fact by

the Secretary, if supported by substantial evidence, shall be

conclusive. Upon such review, such Court shall have power to affirm

or, if the order is not in accordance with law, to modify or to

reverse the order, with or without remanding the case for a

rehearing as justice may require. Proceedings under this section

shall not operate as a stay of any order of the Secretary issued

under provisions of this subchapter other than section 516 of this

title, or relieve any bridge owner of any liability or penalty

under such provisions.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 10, 54 Stat. 501; June 25, 1948, ch.

646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63

Stat. 107.)

-COD-

CODIFICATION

"Section 1254 of title 28" substituted in text for "sections 239

and 240 of the Judicial Code, as amended" on authority of act June

25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title

28, Judiciary and Judicial Procedure. Prior to the enactment of

Title 28, sections 239 and 240 of the Judicial Code were classified

to sections 346 and 347 of Title 28.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1949, substituted

"court of appeals" for "circuit court of appeals".

-End-

-CITE-

33 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 521. Regulations and orders

-STATUTE-

The Secretary is authorized to prescribe such rules and

regulations, and to make and issue such orders, as may be necessary

or appropriate for carrying out the provisions of this subchapter.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 11, 54 Stat. 501.)

-End-

-CITE-

33 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 522. Existing provisions of law

-STATUTE-

(a) Obstructing navigation; criminal penalties

The first sentence of section 494 of this title, and section 502

of this title, shall be inapplicable with respect to any bridge to

which the provisions of this subchapter are applicable, except to

the extent provided in this section.

(b) Construction, reconstruction, or alteration of bridges not

completed on July 1, 1939; apportionment of costs

Any bridge, the construction, reconstruction, or alteration of

which was required by an order of the Secretary issued prior to

July 1, 1939, and was not completed on such date, and in the case

of which no penalties have accrued at the time of the enactment of

this subchapter, shall be constructed, reconstructed, or altered as

required by such order, and not in accordance with the provisions

of this subchapter. In the case of any such bridge, however, the

Secretary shall apportion the cost of the project between the

bridge owner and the United States, and payment of the share of the

United States shall be made, in the same manner as if the

provisions of this subchapter applied to such construction,

reconstruction, or alteration, subject to the following

limitations:

(1) In case such construction, reconstruction, or alteration has

not begun on or before April 1, 1940, such apportionment of cost

shall be made only if (A) the construction, reconstruction, or

alteration is carried out in accordance with plans and

specifications, and pursuant to bids, approved by the Secretary,

and (B) the bridge owner has submitted to the Secretary a written

guaranty of cost as provided for in section 515 of this title.

(2) The Secretary's determination as to such apportionment, and

as to such plans and specifications and bids, shall be final.

(3) Such apportionment shall not be made if such construction,

reconstruction, or alteration is not completed within the time

fixed in such order of the Secretary or within such additional time

as the Secretary, for good cause shown, may allow.

(c) Construction, reconstruction, or alteration of bridges not

begun on July 1, 1939

Any bridge (except a bridge to which subsection (b) of this

section applies) the construction, reconstruction, or alteration of

which was required by an order of the Secretary issued prior to

July 1, 1939, and was not begun before such date, shall be subject

to the provisions of this subchapter as though such order had not

been issued, and compliance with the provisions of this subchapter

and with such orders as may be issued thereunder shall be

considered to constitute compliance with such order issued prior to

July 1, 1939, and with the provisions of law under which it was

issued.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 12, 54 Stat. 501.)

-End-

-CITE-

33 USC Sec. 523 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 523. Relocation of bridges

-STATUTE-

If the owner of any bridge and the Secretary shall agree that in

order to remove an obstruction to navigation, or for any other

purpose, a relocation of such bridge or the construction of a new

bridge upon a new location would be preferable to an alteration of

the existing bridge, such relocation or new construction may be

carried out at such new site and upon such terms as may be

acceptable to the bridge owner and the Secretary, and the cost of

such relocation or new construction, including also any expense of

changes in and additions to rights-of-way, stations, tracks, spurs,

sidings, switches, signals, and other railroad facilities and

property, and relocation of shippers required for railroad

connection with the bridge at the new site, shall be apportioned as

between the bridge owner and the United States in the manner which

is provided for in section 516 of this title in the case of an

alteration and the share of the United States paid from the

appropriation authorized in section 518 of this title: Provided,

That nothing in this section shall be construed as requiring the

United States to pay any part of the expense of building any bridge

across a navigable stream which the Secretary of Transportation

shall not find to be, in fact, a relocation of an existing bridge.

-SOURCE-

(June 21, 1940, ch. 409, Sec. 13, 54 Stat. 502; July 16, 1952, ch.

889, Sec. 4, 66 Stat. 733; Pub. L. 97-449, Sec. 2(d)(1), Jan. 12,

1983, 96 Stat. 2440.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-449 substituted "Secretary of Transportation"

for "Secretary of War". See Transfer of Functions note below.

1952 - Act July 16, 1952, struck out "used for railroad traffic"

after "owner of any bridge".

-TRANS-

TRANSFER OF FUNCTIONS

Section 6(g)(3) of Pub. L. 89-670 transferred functions, powers,

and duties of Secretary of the Army [formerly War] and other

officers and offices of Department of the Army [formerly War]

relating to obstructive bridges under this subchapter to Secretary

of Transportation. Pub. L. 97-449 amended this section to reflect

transfer made by section 6(g)(3) of Pub. L. 89-670, and repealed

section 6(g)(3).

-End-

-CITE-

33 USC Sec. 524 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II - ALTERATION OF BRIDGES

-HEAD-

Sec. 524. Applicability of administrative procedure provisions

-STATUTE-

In the administration of this Act, hearings and other procedures

shall be exempted from the provisions of subchapter II of chapter

5, and chapter 7, of title 5, except as to the requirements of

section 552 of title 5.

-SOURCE-

(July 16, 1952, ch. 889, Sec. 3, 66 Stat. 733.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act July 16, 1952, ch. 889, 66

Stat. 732, which enacted this section and amended sections 511,

516, and 523 of this title. For complete classification of this Act

to the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of act June 21, 1940, ch. 409, 54

Stat. 497, which comprises this subchapter.

"Subchapter II of chapter 5, and chapter 7, of title 5" and

"section 552 of title 5" substituted in text for "the

Administrative Procedure Act (60 Stat. 237)" and "section 3

thereof", respectively, on authority of Pub. L. 89-554, Sec. 7(b),

Sept. 6, 1966, 80 Stat. 631, the first section of which enacted

Title 5, Government Organization and Employees.

-End-

-CITE-

33 USC SUBCHAPTER III - GENERAL BRIDGE AUTHORITY 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 59e-1, 59q-1, 59u,

59x, 59z, 59ee, 59ee-1, 508 of this title; title 23 section 144.

-End-

-CITE-

33 USC Sec. 525 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 525. Construction and operation of bridges

-STATUTE-

(a) Consent of Congress

The consent of Congress is granted for the construction,

maintenance, and operation of bridges and approaches thereto over

the navigable waters of the United States, in accordance with the

provisions of this subchapter.

(b) Approval of plans

The location and plans for such bridges shall be approved by the

Secretary of Transportation before construction is commenced, and,

in approving the location and plans of any bridge, the Secretary

may impose any specific conditions relating to the maintenance and

operation of the structure which the Secretary may deem necessary

in the interest of public navigation, and the conditions so imposed

shall have the force of law. This subsection shall not apply to any

bridge over waters which are not subject to the ebb and flow of the

tide and which are not used and are not susceptible to use in their

natural condition or by reasonable improvement as a means to

transport interstate or foreign commerce.

(c) Private highway toll bridges

Notwithstanding the provisions of subsections (a) and (b) of this

section, it shall be unlawful to construct or commence the

construction of any privately owned highway toll bridge until the

location and plans thereof shall also have been submitted to and

approved by the highway department or departments of the State or

States in which the bridge and its approaches are situated; and

where such bridge shall be between two or more States and the

highway departments thereof shall be unable to agree upon the

location and plans therefor, or if they, or either of them, shall

fail or refuse to act upon the location and plans submitted, such

location and plans then shall be submitted to the Secretary of

Transportation and, if approved by the Secretary of Transportation,

approval by the highway departments shall not be required.

-SOURCE-

(Aug. 2, 1946, ch. 753, title V, Sec. 502, 60 Stat. 847; June 30,

1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1949 Reorg. Plan

No. 7, Sec. 1, eff. Aug. 19, 1949, 14 F.R. 5288, 63 Stat. 1070;

Pub. L. 97-322, title I, Sec. 107(a), Oct. 15, 1982, 96 Stat. 1582;

Pub. L. 97-449, Sec. 2(d)(1), (3), Jan. 12, 1983, 96 Stat. 2440;

Pub. L. 98-557, Sec. 17(g)(2), Oct. 30, 1984, 98 Stat. 2869.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-557 struck out "the Chief of

Engineers and" before "the Secretary of Transportation" and

substituted "the Secretary" for "they" wherever appearing.

1983 - Subsec. (b). Pub. L. 97-449, Sec. 2(d)(1), substituted

"Secretary of Transportation" for "Secretary of War". See Transfer

of Functions note below.

Subsec. (c). Pub. L. 97-449, Sec. 2(d)(3), substituted "Secretary

of Transportation" for "Public Roads Administration" wherever

appearing. See Transfer of Functions note below.

1982 - Subsec. (b). Pub. L. 97-322 inserted exemption provision

at end.

SHORT TITLE

Section 501 of title V of act Aug. 2, 1946, provided that: "This

title [enacting this subchapter] may be cited as the 'General

Bridge Act of 1946'."

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army [formerly

War] and other offices and officers of Department of the Army

[formerly War] under this section to extent that they relate

generally to location and clearances of bridges and causeways in

navigable waters of United States transferred to and vested in

Secretary of Transportation by section 6(g)(6)(C) of Pub. L.

89-670. Pub. L. 97-449 amended this section to reflect transfer

made by section 6(g)(6)(C) of Pub. L. 89-670, and repealed section

6(g)(6)(C).

Functions of Public Roads Administration transferred to Bureau of

Public Roads within General Services Administration by section

103(a) of act June 30, 1949. See text of, and Historical and

Revision Notes under, section 303(b) of Title 40, Public Buildings,

Property, and Works.

Bureau of Public Roads within General Services Administration

transferred to Department of Commerce by section 1 of Reorg. Plan

No. 7 of 1949.

For transfer of functions of other officers, employees, and

agencies of Department of Commerce, with certain exceptions, to

Secretary of Commerce, with power to delegate, see Reorg. Plan No.

5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.

1263, set out in the Appendix to Title 5, Government Organization

and Employees.

Functions, powers, and duties of Secretary of Commerce and other

offices and officers of Department of Commerce under subsec. (c) of

this section relating generally to highways transferred to and

vested in Secretary of Transportation by section 6(g)(6)(C) of Pub.

L. 89-670. Pub. L. 97-449 amended this section to reflect transfer

made by section 6(g)(6)(C) of Pub. L. 89-670, and repealed section

6(g)(6)(C).

-MISC2-

RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL

Section 511 of title V of act Aug. 2, 1946, provided that: "The

right to alter, amend, or repeal this title [this subchapter] is

hereby expressly reserved as to any and all bridges which may be

built under authority hereof."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 23 section 144.

-End-

-CITE-

33 USC Sec. 526 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 526. Repealed. Pub. L. 100-17, title I, Sec. 135(e), Apr. 2,

1987, 101 Stat. 174

-MISC1-

Section, acts Aug. 2, 1946, ch. 753, title V, Sec. 503, 60 Stat.

847; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440,

provided that tolls charged for transit over any interstate bridge

be just and reasonable and authorized Secretary of Transportation

to prescribe reasonable rates of toll for such transit, which rates

were to be legal rates demanded and received. See section 508 of

this title.

-End-

-CITE-

33 USC Sec. 526a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 526a. Repealed. Pub. L. 100-17, title I, Sec. 135(f), Apr. 2,

1987, 101 Stat. 174

-MISC1-

Section, act Pub. L. 93-87, title I, Sec. 133(b), Aug. 13, 1973,

87 Stat. 267, authorized Secretary of Transportation to promulgate

regulations establishing guidelines governing any increase in tolls

for use of any bridge constructed pursuant to either the General

Bridge Act of 1906 or the General Bridge Act of 1946.

STUDY OF TOLL BRIDGE AUTHORITY; INVESTIGATION AND STUDY OF FEDERAL

STATUTES AND REGULATIONS; REPORT TO CONGRESS

Section 133(a) of Pub. L. 93-87 directed Secretary of

Transportation to study the existing Federal laws and regulations

governing toll bridges over navigable waters of United States and

submit a report containing recommendations regarding action to be

taken to assure reasonable nationwide tolls no later than July 1,

1974, except in the case of the toll bridge at Chester, Illinois,

where the Secretary was directed to submit a similar report no

later than Dec. 31, 1973, prior to repeal by Pub. L. 100-17, title

I, Sec. 135(f), Apr. 2, 1987, 101 Stat. 174.

-End-

-CITE-

33 USC Sec. 527 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 527. Acquisition of interstate bridges by public agencies;

amount of damages

-STATUTE-

After the completion of any interstate toll bridge constructed by

an individual, firm, or corporation, as determined by the Secretary

of Transportation, either of the States in which the bridge is

located, or any public agency or political subdivision of either of

such States, within or adjoining which any part of such bridge is

located, or any two or more of them jointly, may at any time

acquire and take over all right, title, and interest in such bridge

and its approaches, and any interest in real property for public

purposes by condemnation or expropriation. If at any time after the

expiration of five years after the completion of such bridge the

same is acquired by condemnation or expropriation, the amount of

damages or compensation to be allowed shall not include good will,

going value, or prospective revenues or profits, but shall be

limited to the sum of (1) the actual cost of constructing such

bridge and its approaches, less a reasonable deduction for actual

depreciation in value; (2) the actual costs of acquiring such

interests in real property; (3) actual financing and promotion

costs, not to exceed 10 per centum of the sum of the cost of

constructing the bridge and its approaches and acquiring such

interests in real property; and (4) actual expenditures for

necessary improvements.

-SOURCE-

(Aug. 2, 1946, ch. 753, title V, Sec. 504, 60 Stat. 848; Pub. L.

97-449, Sec. 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-449 substituted "Secretary of Transportation"

for "Secretary of War". See Transfer of Functions note below.

-TRANS-

TRANSFER OF FUNCTIONS

Section 6(g)(6)(C) of Pub. L. 89-670 transferred functions,

powers, and duties of Secretary of the Army [formerly War] and

other offices and officers of Department of the Army [formerly War]

under this subchapter to extent that they relate generally to

location and clearances of bridges and causeways in navigable

waters of United States to Secretary of Transportation. Pub. L.

97-449 amended this section to reflect transfer made by section

6(g)(6)(C) of Pub. L. 89-670, and repealed section 6(g)(6)(C).

-End-

-CITE-

33 USC Sec. 528 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 528. Statement of construction costs of privately owned

interstate bridges; investigation of costs; conclusiveness of

findings; review

-STATUTE-

Within ninety days after the completion of a privately owned

interstate toll bridge, the owner shall file with the Secretary of

Transportation and with the highway departments of the States in

which the bridge is located, a sworn itemized statement showing the

actual original cost of constructing the bridge and its approaches,

the actual cost of acquiring any interest in real property

necessary therefor, and the actual financing and promotion costs.

The Secretary of Transportation may, and upon request of a highway

department shall, at any time within three years after the

completion of such bridge, investigate such costs and determine the

accuracy and the reasonableness of the costs alleged in the

statement of costs so filed, and shall make a finding of the actual

and reasonable costs of constructing, financing, and promoting such

bridge. For the purpose of such investigation the said individual,

firm, or corporation, its successors and assigns, shall make

available all of its records in connection with the construction,

financing, and promotion thereof. The findings of the Secretary of

Transportation as to the reasonable costs of the construction,

financing, and promotion of the bridge shall be conclusive for the

purposes mentioned in section 527 of this title subject only to

review in a court of equity for fraud or gross mistake.

-SOURCE-

(Aug. 2, 1946, ch. 753, title V, Sec. 505, 60 Stat. 848; Pub. L.

97-449, Sec. 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-449 substituted "Secretary of Transportation"

for "Secretary of War" wherever appearing. See Transfer of

Functions note below.

-TRANS-

TRANSFER OF FUNCTIONS

Section 6(g)(6)(C) of Pub. L. 89-670 transferred functions,

powers, and duties of Secretary of the Army [formerly War] and

other offices and officers of Department of the Army [formerly War]

under this subchapter to extent that they relate generally to

location and clearances of bridges and causeways in navigable

waters of United States to Secretary of Transportation. Pub. L.

97-449 amended this section to reflect transfer made by section

6(g)(6)(C) of Pub. L. 89-670, and repealed section 6(g)(6)(C).

-End-

-CITE-

33 USC Sec. 529 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 529. Repealed. Pub. L. 100-17, title I, Sec. 135(e), Apr. 2,

1987, 101 Stat. 174

-MISC1-

Section, acts Aug. 2, 1946, ch. 753, title V, Sec. 506, 60 Stat.

848; May 25, 1948, ch. 336, 62 Stat. 267, related to adjusting

rates of tolls charged on an interstate bridge constructed or taken

over by State or political subdivision thereof to provide fund to

pay reasonable costs of maintaining and operating such bridge and a

sinking fund to amortize amount paid for such bridge, with such

bridge to be operated and maintained free of tolls after a sinking

fund sufficient for such amortization had been provided.

-End-

-CITE-

33 USC Sec. 530 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 530. Bridges included and excluded

-STATUTE-

The provisions of this subchapter shall apply only to bridges

over navigable waters of the United States, the construction of

which is approved after August 2, 1946, under the provisions of

this subchapter; and the provisions of the first proviso of section

401 of this title, and the provisions of sections 491 to 498 of

this title, shall not apply to such bridges.

-SOURCE-

(Aug. 2, 1946, ch. 753, title V, Sec. 507, 60 Stat. 849.)

-End-

-CITE-

33 USC Sec. 531 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 531. International bridges

-STATUTE-

This subchapter shall not be construed to authorize the

construction of any bridge which will connect the United States, or

any Territory or possession of the United States, with any foreign

country.

-SOURCE-

(Aug. 2, 1946, ch. 753, title V, Sec. 508, 60 Stat. 849.)

-End-

-CITE-

33 USC Sec. 532 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 532. Eminent domain

-STATUTE-

There are conferred upon any individual, his heirs, legal

representatives, or assigns, any firm or corporation, its

successors or assigns, or any State, political subdivision, or

municipality authorized in accordance with the provisions of this

subchapter to build a bridge between two or more States, all such

rights and powers to enter upon lands and acquire, condemn, occupy,

possess, and use real estate and other property in the respective

States needed for the location, construction, operation, and

maintenance of such bridge and its 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 the

condemnation or expropriation of property for public purposes in

such State.

-SOURCE-

(Aug. 2, 1946, ch. 753, title V, Sec. 509, 60 Stat. 849.)

-End-

-CITE-

33 USC Sec. 533 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 533. Penalties for violations

-STATUTE-

(a) Criminal penalties for violation

Any person who willfully fails or refuses to comply with any

lawful order of the Secretary of Transportation or the Chief of

Engineers issued under the provisions of this subchapter, or who

willfully fails to comply with any specific condition imposed by

the Chief of Engineers and the Secretary of Transportation relating

to the maintenance and operation of bridges, or who willfully

refuses to produce books, papers, or documents in obedience to a

subpena or other lawful requirement under this subchapter, or who

otherwise willfully violates any provisions of this subchapter,

shall, upon conviction thereof, be punished by a fine of not to

exceed $5,000 or by imprisonment for not more than one year, or by

both such fine and imprisonment.

(b) Civil penalties for violation; separate offenses; notice and

hearing; assessment, collection, and remission; civil actions

Whoever violates any provision of this subchapter, or any order

issued under this subchapter, shall be liable to a civil penalty of

not more than $1,000. Each day a violation continues shall be

deemed a separate offense. No penalty may be assessed under this

subsection until the person charged is given notice and an

opportunity for a hearing on the charge. The Secretary of

Transportation may assess and collect any civil penalty incurred

under this subsection and, in his discretion, may remit, mitigate,

or compromise any penalty until the matter is referred to the

Attorney General. If a person against whom a civil penalty is

assessed under this subsection fails to pay that penalty, an action

may be commenced in the district court of the United States for any

district in which the violation occurs for such penalty.

-SOURCE-

(Aug. 2, 1946, ch. 753, title V, Sec. 510, 60 Stat. 849; Pub. L.

97-322, title I, Sec. 108(d), Oct. 15, 1982, 96 Stat. 1584; Pub. L.

97-449, Sec. 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-449 substituted "Secretary of

Transportation" for "Secretary of War" wherever appearing. See

Transfer of Functions note below.

1982 - Pub. L. 97-322 designated existing provisions as subsec.

(a), made willfulness an element of the described offenses, and

added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

Section 6(g)(6)(C) of Pub. L. 89-670 transferred functions,

powers, and duties of Secretary of the Army [formerly War] and

other offices and officers of Department of the Army [formerly War]

under this subchapter to extent that they relate generally to

location and clearances of bridges and causeways in navigable

waters of United States to Secretary of Transportation. Pub. L.

97-449 amended this section to reflect transfer made by section

6(g)(6)(C) of Pub. L. 89-670, and repealed section 6(g)(6)(C).

-End-

-CITE-

33 USC Sec. 534 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER III - GENERAL BRIDGE AUTHORITY

-HEAD-

Sec. 534. Conveyance of right, title, and interest of United States

in bridges transferred to States or political subdivisions; terms

and conditions

-STATUTE-

The Secretary of the Army is authorized to transfer or convey to

State authorities or political subdivisions thereof all right,

title, and interest of the United States, in and to any and all

bridges heretofore or hereafter constructed or acquired in

connection with the improvement of canals, rivers and harbors, or

works of flood control, together with the necessary lands,

easements, or rights-of-way, upon such terms and conditions and

with or without consideration, as may be determined to be in the

best interest of the United States by the Chief of Engineers:

Provided, That such transferred bridges shall be toll-free.

-SOURCE-

(May 17, 1950, ch. 188, title I, Sec. 109, 64 Stat. 168.)

-COD-

CODIFICATION

Section was not enacted as part of the General Bridge Act of 1946

which comprises this subchapter.

-End-

-CITE-

33 USC SUBCHAPTER IV - INTERNATIONAL BRIDGES 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 508 of this title.

-End-

-CITE-

33 USC Sec. 535 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

Sec. 535. Congressional consent to construction, maintenance, and

operation of international bridges; conditions of consent

-STATUTE-

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 subchapter 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 subchapter.

-SOURCE-

(Pub. L. 92-434, Sec. 2, Sept. 26, 1972, 86 Stat. 731.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 92-434 provided: "That this Act [enacting

this subchapter and amending section 129 of Title 23, Highways] may

be cited as the 'International Bridge Act of 1972'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

33 USC Sec. 535a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

Sec. 535a. Congressional consent to State agreements with Canada

and Mexico; Secretary of State's approval of agreements

-STATUTE-

The consent of Congress is hereby granted for a State or a

subdivision or instrumentality thereof 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 subchapter. The

effectiveness of such agreement shall be conditioned on its

approval by the Secretary of State.

-SOURCE-

(Pub. L. 92-434, Sec. 3, Sept. 26, 1972, 86 Stat. 731.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

33 USC Sec. 535b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

Sec. 535b. Presidential approval; recommendations of Federal

officials

-STATUTE-

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.

-SOURCE-

(Pub. 92-434, Sec. 4, Sept. 26, 1972, 86 Stat. 731.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

33 USC Sec. 535c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

Sec. 535c. Secretary of Transportation's approval; commencement and

completion requirements; extension of time limits

-STATUTE-

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.

-SOURCE-

(Pub. L. 92-434, Sec. 5, Sept. 26, 1972, 86 Stat. 732.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

33 USC Sec. 535d 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

Sec. 535d. Repealed. Pub. L. 100-17, title I, Sec. 135(g), Apr. 2,

1987, 101 Stat. 174

-MISC1-

Section, Pub. L. 92-434, Sec. 6, Sept. 26, 1972, 86 Stat. 732,

directed that tolls charged for use of an international bridge

constructed or acquired under this subchapter by private

individual, company, or other private entity be collected for a

reasonable period for amortization of construction or acquisition

costs, plus interest and reasonable return, that at end of such

period the United States portion of bridge become the property of

the State having jurisdiction over such United States portion, and

that accurate records on expenditures and tolls collected be kept

and annually reported to Secretary of Transportation, with

authority for Secretary to conduct audits.

-End-

-CITE-

33 USC Sec. 535e 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

Sec. 535e. Ownership

-STATUTE-

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

approval

Nothing in this subchapter shall be deemed to prevent the

individual, corporation, or other entity to which, pursuant to this

subchapter, 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 subchapter: Provided, That such sale,

assignment, or transfer shall be subject to approval by the

Secretary of Transportation.

(b) State status of original applicant upon acquisition of right,

title, and interest after termination of private entity licenses,

contracts, or orders

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, 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 535d (!1) of this title shall not apply.

-SOURCE-

(Pub. L. 92-434, Sec. 8, Sept. 26, 1972, 86 Stat. 732.)

-REFTEXT-

REFERENCES IN TEXT

Section 535d of this title, referred to in subsec. (b), was

repealed by Pub. L. 100-17, title I, Sec. 135(g), Apr. 2, 1987, 101

Stat. 174.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 535f 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

Sec. 535f. Applicability of provisions

-STATUTE-

This subchapter shall apply to all international bridges

constructed under the authority of this subchapter. Section 535a of

this title and section 129(a)(3) of title 23, shall apply to all

international bridges the construction of 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.

-SOURCE-

(Pub. L. 92-434, Sec. 9, Sept. 26, 1972, 86 Stat. 733.)

-End-

-CITE-

33 USC Sec. 535g 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

Sec. 535g. Federal navigable waters and commerce jurisdiction

unaffected

-STATUTE-

Nothing in this subchapter shall be construed to affect, impair,

or diminish any right, power, or jurisdiction of the United States

over or in regard to any navigable water or any interstate or

foreign commerce.

-SOURCE-

(Pub. L. 92-434, Sec. 10, Sept. 26, 1972, 86 Stat. 733.)

-End-

-CITE-

33 USC Sec. 535h 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

Sec. 535h. Report of Secretary of Transportation's approval during

fiscal year

-STATUTE-

The Secretary of Transportation shall make a report of all

approvals granted by him during the fiscal year pursuant to section

535c of this title in each annual report of the activities of the

Department required by section 308(a) of title 49.

-SOURCE-

(Pub. L. 92-434, Sec. 11, Sept. 26, 1972, 86 Stat. 733.)

-COD-

CODIFICATION

"Section 308(a) of title 49" substituted in text for "section 11

of the Department of Transportation Act (49 U.S.C. 1658)" on

authority of Pub. L. 97-449, Sec. 6(b), Jan. 12, 1983, 96 Stat.

2443, the first section of which enacted subtitle I (Sec. 101 et

seq.) of Title 49, Transportation.

-End-

-CITE-

33 USC Sec. 535i 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER IV - INTERNATIONAL BRIDGES

-HEAD-

Sec. 535i. Reservation of right to alter or repeal

-STATUTE-

The right to alter, amend, or repeal this subchapter is expressly

reserved.

-SOURCE-

(Pub. L. 92-434, Sec. 12, Sept. 26, 1972, 86 Stat. 733.)

-End-