1625-0015 33usc491

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and October 30, 2006]
[CITE: 33USC491]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 491. Approval of and deviation from plans; exemptions
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.
(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.)

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''.

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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).

file://Z:\JJaufmann\Public\OMB-Information Call\1625-0015\2008\33 U.S.C.491.htm

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