1625-0073 Stat/Authority

§ 493

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

tions 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.
(Mar. 23, 1906, ch. 1130, § 2, 34 Stat. 85.)
§ 493. Use of railroad bridges by other railroad
companies
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.
(Mar. 23, 1906, ch. 1130, § 3, 34 Stat. 85; Pub. L.
97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)
AMENDMENTS
1983—Pub. L. 97–449 substituted ‘‘Secretary of Transportation’’ for ‘‘Secretary of War’’. See Transfer of
Functions note below.
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,
§ 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 L. 89–670, and repealed section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).

§ 494. Obstruction of navigation; alterations and
removals; lights and signals; draws
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 Homeland Security
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 Homeland Security 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

Page 90

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.
(Mar. 23, 1906, ch. 1130, § 4, 34 Stat. 85; Mar. 4,
1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No.
3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60
Stat. 1097; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983,
96 Stat. 2440; Pub. L. 100–17, title I, § 135(a), Apr.
2, 1987, 101 Stat. 173; Pub. L. 109–241, title IX,
§ 902(k), July 11, 2006, 120 Stat. 568; Pub. L.
111–281, title IX, § 903(a)(9), Oct. 15, 2010, 124 Stat.
3010.)
PRIOR PROVISIONS
Act July 5, 1884, ch. 229, § 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, § 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
2010—Pub. L. 111–281 amended directory language of
Pub. L. 109–241, § 902(k). See 2006 Amendment note
below.
2006—Pub. L. 109–241, § 902(k), as amended by Pub. L.
111–281, substituted ‘‘Secretary of Homeland Security’’
for ‘‘Secretary of Transportation’’ in two places.
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.
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat.
3010, provided that the amendment by section 903(a)(9)
is effective with enactment of Pub. L. 109–241.
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

Page 91

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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, § 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, §§ 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, §§ 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.
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.

§ 494a. Study of bridges over navigable waters
The Commandant of the Coast Guard shall
submit to the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of Representatives a
comprehensive study on the proposed construction or alteration of any bridge, drawbridge, or
causeway over navigable waters with a channel
depth of 25 feet or greater of the United States
that may impede or obstruct future navigation
to or from port facilities.
(Pub. L. 111–281, title IX, § 905, Oct. 15, 2010, 124
Stat. 3012.)
§ 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-tonavigation 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

§ 495

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 $5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring
in 2006; $20,000 for a violation occurring in 2007;
and $25,000 for a violation occurring in 2008 and
any year thereafter. 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.
(Mar. 23, 1906, ch. 1130, § 5, 34 Stat. 85; Mar. 3,
1911, ch. 231, §§ 289, 291, 36 Stat. 1167; Pub. L.
97–322, title I, § 108(c), Oct. 15, 1982, 96 Stat. 1584;
Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat.
2440; Pub. L. 108–293, title VI, § 601(a), Aug. 9,
2004, 118 Stat. 1050.)