1625-0073 Stat/Authority

§ 519

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

tion to be inconsistent with the public interest or the
cost unreasonable.’’
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 108–7, div. I, title I, Feb. 20, 2003, 117 Stat. 389.

§ 519. Noncompliance with orders; penalties; removal of bridge
Any bridge owner who shall willfully fail or
refuse to comply with any lawful order of the
Secretary, made in accordance with the provisions of this subchapter, shall be deemed guilty
of a misdemeanor and on conviction thereof
shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and
every month such bridge owner shall remain in
default shall be deemed a new offense and subject such bridge owner to additional penalties
therefor. In addition to the penalties above prescribed the Secretary may, upon the failure or
refusal of any bridge owner to comply with any
lawful order issued by the Secretary in regard
thereto, cause the removal of any such bridge
and accessory works at the expense of the bridge
owner; and suit for such expense may be brought
in the name of the United States against such
bridge owner and recovery had for such expense
in any court of competent jurisdiction. The removal of any bridge erected or maintained in
violation of the provisions of this subchapter or
the order or direction of the Secretary made in
pursuance thereof, and compliance with any
order of the Secretary made with respect to any
bridge in accordance with the provisions of this
subchapter, may be enforced by injunction,
mandamus, or other summary process upon application to the district court of any district in
which such bridge 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.
(June 21, 1940, ch. 409, § 9, 54 Stat. 500.)
§ 520. Review of findings and orders
Any order made or issued under section 516 of
this title may be reviewed by the court of appeals for any judicial circuit in which the bridge
in question is wholly or partly located, if a petition for such review is filed within three months
after the date such order is issued. The judgment of any such court shall be final except that
it shall be subject to review by the Supreme
Court of the United States upon certification or
certiorari, in the manner provided in section
1254 of title 28. The review by such Court shall
be limited to questions of law, and the findings
of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Upon such
review, such Court shall have power to affirm
or, if the order is not in accordance with law, to
modify or to reverse the order, with or without
remanding the case for a rehearing as justice
may require. Proceedings under this section
shall not operate as a stay of any order of the
Secretary issued under provisions of this subchapter other than section 516 of this title, or
relieve any bridge owner of any liability or penalty under such provisions.

Page 98

(June 21, 1940, ch. 409, § 10, 54 Stat. 501; June 25,
1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch.
139, § 127, 63 Stat. 107.)
CODIFICATION
‘‘Section 1254 of title 28’’ substituted in text for ‘‘sections 239 and 240 of the Judicial Code, as amended’’ on
authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial
Procedure. Prior to the enactment of Title 28, sections
239 and 240 of the Judicial Code were classified to sections 346 and 347 of Title 28.
CHANGE OF NAME
Act June 25, 1948, as amended by act May 24, 1949,
substituted ‘‘court of appeals’’ for ‘‘circuit court of appeals’’.

§ 521. Regulations and orders
The Secretary is authorized to prescribe such
rules and regulations, and to make and issue
such orders, as may be necessary or appropriate
for carrying out the provisions of this subchapter.
(June 21, 1940, ch. 409, § 11, 54 Stat. 501.)
§ 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