1625-0073 Stat/Authority

§ 512

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Page 96

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repealed section 6(g)(3).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