1625-0073 Stat/Authority

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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1948—Act June 25, 1948, § 39, repealed proviso at end
relating to appeals. See sections 1252 and 1253 of title
28.
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.

§ 511

1906, ch. 1130, 34 Stat. 84, as amended, which enacted
sections 491 to 494 and 495 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
(§ 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 (§ 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.

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.

§ 503 to 507. Repealed. Pub. L. 100–17, title I,
§ 135(d), Apr. 2, 1987, 101 Stat. 174
Section 503, act Aug. 21, 1935, ch. 597, § 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, § 2, 49 Stat. 671;
Jan. 12, 1983, Pub. L. 97–449, § 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, § 3, 49 Stat. 671;
June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949,
ch. 139, § 127, 63 Stat. 107; Jan. 12, 1983, Pub. L. 97–449,
§ 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, § 4, 49 Stat. 671;
Oct. 15, 1970, Pub. L. 91–452, title II, § 235, 84 Stat. 930;
Jan. 12, 1983, Pub. L. 97–449, § 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, § 5, 49 Stat. 672,
related to punishment for failure to obey an order prescribing toll.

§ 508. Amount of tolls
Tolls for passage or transit over any bridge
constructed under the authority of the Act of
March 23, 1906, 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.
(Pub. L. 100–17, title I, § 135(i), Apr. 2, 1987, 101
Stat. 174.)
REFERENCES IN TEXT
Act of March 23, 1906, commonly known as the
‘‘Bridge Act of 1906’’, referred to in text, is act Mar. 23,

SUBCHAPTER II—ALTERATION OF BRIDGES
§ 511. Definitions
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.
(June 21, 1940, ch. 409, § 1, 54 Stat. 497; July 16,
1952, ch. 889, § 1, 66 Stat. 732; Pub. L. 95–598, title
III, § 323, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 97–449,
§ 2(d)(2), Jan. 12, 1983, 96 Stat. 2440.)
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.

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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SHORT TITLE

AMENDMENTS

Sections 511 to 523 of this title are popularly known
as the ‘‘Hobbs Bridge Act’’ and also as the ‘‘TrumanHobbs Act’’.

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.

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).

§ 512. Obstruction of navigation
No bridge shall at any time unreasonably obstruct the free navigation of any navigable waters of the United States.
(June 21, 1940, ch. 409, § 2, 54 Stat. 498.)
§ 513. Notice, hearings, and findings
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.
(June 21, 1940, ch. 409, § 3, 54 Stat. 498.)
§ 514. Submission and approval of general plans
and specifications
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.
(June 21, 1940, ch. 409, § 4, 54 Stat. 498; Pub. L.
94–587, § 119, Oct. 22, 1976, 90 Stat. 2924.)

§ 515. Contracts for project; guaranty of cost
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.
(June 21, 1940, ch. 409, § 5, 54 Stat. 498; Pub. L.
85–640, § 1(a), (b), Aug. 14, 1958, 72 Stat. 595.)
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.

§ 516. Apportionment of cost
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