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repealed section 6(g)(3).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

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

the cost as is attributable to the direct and special benefits which will accrue to the bridge
owner as a result of the alteration, including the
expectable savings in repair or maintenance
costs; and that part of the cost attributable to
the requirements of traffic by railroad or highway, or both, including any expenditure for increased carrying capacity of the bridge, and including such proportion of the actual capital
cost of the old bridge or of such part of the old
bridge as may be altered or changed or rebuilt,
as the used service life of the whole or a part, as
the case may be, bears to the total estimated
service life of the whole or such part: Provided,
That in the event the alteration or relocation of
any bridge may be desirable for the reason that
the bridge unreasonably obstructs navigation,
but also for some other reason, the Secretary
may require equitable contribution from any interested person, firm, association, corporation,
municipality, county, or State desiring such alteration or relocation for such other reason, as
a condition precedent to the making of an order
for such alteration or relocation. The United
States shall bear the balance of the cost, including that part attributable to the necessities of
navigation: And provided further, That where the
bridge owner proceeds with the alteration on a
successive partial bid basis the Secretary is authorized to issue an order of apportionment of
cost for the entire alteration based on the accepted bid for the first part of the alteration and
an estimate of cost for the remainder of the
work. The Secretary is authorized to revise the
order of apportionment of cost, to the extent he
deems reasonable and proper, to meet any
changed conditions.
(June 21, 1940, ch. 409, § 6, 54 Stat. 499; July 16,
1952, ch. 889, § 2, 66 Stat. 733; Pub. L. 85–640, § 1(c),
Aug. 14, 1958, 72 Stat. 595.)
AMENDMENTS
1958—Pub. L. 85–640 permitted issuance of an order of
apportionment of cost for entire alteration based on
the accepted bid for first part of alteration and an estimate of cost for remainder of work where bridge owner
proceeds with alteration on a successive partial bid
basis.
1952—Act July 16, 1952, made railroads share equally
with proprietors of highways in bearing cost of alterations necessary to remove obstacles to navigation.

§ 517. Payment of share of United States
Following service of the order requiring alteration of the bridge, the Secretary of Transportation may make partial payments as the work
progresses to the extent that funds have been
appropriated. The total payments out of Federal
funds shall not exceed the proportionate share
of the United States of the total cost of the
project paid or incurred by the bridge owner,
and, if such total cost exceeds the cost guaranteed by the bridge owner, shall not exceed the
proportionate share of the United States of such
guaranteed cost, except that if the cost of the
work exceeds the guaranteed cost by reason of
emergencies, conditions beyond the control of
the owner, or unforeseen or undetermined conditions, the Secretary of Transportation may,
after full review of all the circumstances, provide for additional payments by the United

§ 518

States to help defray such excess cost to the extent he deems to be reasonable and proper, and
shall certify such additional payments to the
Secretary of the Treasury for payment. All payments to any bridge owner herein provided for
shall be made by the Secretary of the Treasury
through the Fiscal Service upon certifications of
the Secretary of Transportation.
(June 21, 1940, ch. 409, § 7, 54 Stat. 499; 1940 Reorg.
Plan No. III, § 1(a)(1), eff. June 30, 1940, 5 F.R.
2107, 54 Stat. 1231; Pub. L. 85–640, § 1(d), Aug. 14,
1958, 72 Stat. 596; Pub. L. 91–605, title I, § 118, Dec.
31, 1970, 84 Stat. 1725; 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’’ wherever appearing,
which substitution had previously been made by Pub.
L. 91–605. See, also, Transfer of Functions note below.
1970—Pub. L. 91–605 substituted provision permitting
Secretary of Transportation to make payments for design work performed prior to the actual commencement of bridge alteration but after the order to alter
has been issued for provision requiring Secretary of
War to approve alteration plans, the cost guaranty, the
fixing of proportionate shares as between the United
States and bridge owner, and the commencement of the
alteration, before the Chief of Engineers may make
payments for bridge alteration, inserted reference to
Secretary of Transportation in second sentence, and
substituted ‘‘Secretary of Transportation’’ for ‘‘Secretary of War’’ in third sentence.
1958—Pub. L. 85–640 struck out provisions which required Secretary of War to furnish to Secretary of the
Treasury a certified copy of his approval of the plans
and specifications and guaranty, and of his order fixing
the proportionate shares, and which required the Secretary of the Treasury to set aside the share of the
United States for the project.
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).
‘‘Fiscal Service’’ substituted in text for ‘‘Division of
Disbursement’’ on authority of section 1(a)(1) of Reorg.
Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54
Stat. 1231, set out in the Appendix to Title 5, Government Organization and Employees, which consolidated
such division into Fiscal Service of Department of the
Treasury. See section 306 of Title 31, Money and Finance.

§ 518. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of this subchapter.
(June 21, 1940, ch. 409, § 8, 54 Stat. 500.)
ALTERATION OF BRIDGES
Pub. L. 108–90, title II, Oct. 1, 2003, 117 Stat. 1144, provided in part: ‘‘That in fiscal year 2004 and thereafter,
funds for bridge alteration projects conducted pursuant
to the Act of June 21, 1940 (33 U.S.C. 511 et seq.) shall
be available for such projects only to the extent that
the steel, iron, and manufactured products used in such
projects are produced in the United States, unless contrary to law or international agreement, or unless the
Commandant of the Coast Guard determines such ac-