1625-0015 33usc525

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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: 33USC525]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
SUBCHAPTER III--GENERAL BRIDGE AUTHORITY
Sec. 525. Construction and operation of bridges

(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.
(Aug. 2, 1946, ch. 753, title V, Sec. 502, 60 Stat. 847;
ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1949 Reorg.
Sec. 1, eff. Aug. 19, 1949, 14 F.R. 5288, 63 Stat. 1070;
title I, Sec. 107(a), Oct. 15, 1982, 96 Stat. 1582; Pub.
Sec. 2(d)(1), (3), Jan. 12, 1983, 96 Stat. 2440; Pub. L.
Sec. 17(g)(2), Oct. 30, 1984, 98 Stat. 2869.)

June 30, 1949,
Plan No. 7,
Pub. L. 97-322,
L. 97-449,
98-557,

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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'.''
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. 89670, 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).

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.''

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