Statutory Authority-USC 522

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[Laws in effect as of January 3, 2006]
[CITE: 33USC522]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS

SUBCHAPTER II--ALTERATION OF BRIDGES

Sec. 522. Existing provisions of law

(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.

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