1625-0015 Stat/Authority

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

§ 525

time as the Secretary, for good cause shown,
may allow.

§ 524. Applicability of administrative procedure
provisions

(c) Construction, reconstruction, or alteration of
bridges not begun on July 1, 1939
Any bridge (except a bridge to which subsection (b) of this section applies) the construction, reconstruction, or alteration of which was
required by an order of the Secretary issued
prior to July 1, 1939, and was not begun before
such date, shall be subject to the provisions of
this subchapter as though such order had not
been issued, and compliance with the provisions
of this subchapter and with such orders as may
be issued thereunder shall be considered to constitute compliance with such order issued prior
to July 1, 1939, and with the provisions of law
under which it was issued.

In the administration of this Act, hearings and
other procedures shall be exempted from the
provisions of subchapter II of chapter 5, and
chapter 7, of title 5, except as to the requirements of section 552 of title 5.

(June 21, 1940, ch. 409, § 12, 54 Stat. 501.)
§ 523. Relocation of bridges
If the owner of any bridge and the Secretary
shall agree that in order to remove an obstruction to navigation, or for any other purpose, a
relocation of such bridge or the construction of
a new bridge upon a new location would be preferable to an alteration of the existing bridge,
such relocation or new construction may be carried out at such new site and upon such terms as
may be acceptable to the bridge owner and the
Secretary, and the cost of such relocation or
new construction, including also any expense of
changes in and additions to rights-of-way, stations, tracks, spurs, sidings, switches, signals,
and other railroad facilities and property, and
relocation of shippers required for railroad connection with the bridge at the new site, shall be
apportioned as between the bridge owner and
the United States in the manner which is provided for in section 516 of this title in the case
of an alteration and the share of the United
States paid from the appropriation authorized in
section 518 of this title: Provided, That nothing
in this section shall be construed as requiring
the United States to pay any part of the expense
of building any bridge across a navigable stream
which the Secretary of Transportation shall not
find to be, in fact, a relocation of an existing
bridge.
(June 21, 1940, ch. 409, § 13, 54 Stat. 502; July 16,
1952, ch. 889, § 4, 66 Stat. 733; 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.
1952—Act July 16, 1952, struck out ‘‘used for railroad
traffic’’ after ‘‘owner of any bridge’’.
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).

(July 16, 1952, ch. 889, § 3, 66 Stat. 733.)
REFERENCES IN TEXT
This Act, referred to in text, is act July 16, 1952, ch.
889, 66 Stat. 732, which enacted this section and amended sections 511, 516, and 523 of this title. For complete
classification of this Act to the Code, see Tables.
CODIFICATION
Section was not enacted as part of act June 21, 1940,
ch. 409, 54 Stat. 497, which comprises this subchapter.
‘‘Subchapter II of chapter 5, and chapter 7, of title 5’’
and ‘‘section 552 of title 5’’ substituted in text for ‘‘the
Administrative Procedure Act (60 Stat. 237)’’ and ‘‘section 3 thereof’’, respectively, on authority of Pub. L.
89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section
of which enacted Title 5, Government Organization and
Employees.

SUBCHAPTER III—GENERAL BRIDGE
AUTHORITY
§ 525. Construction and operation of bridges
(a) Consent of Congress
The consent of Congress is granted for the construction, maintenance, and operation of bridges
and approaches thereto over the navigable waters of the United States, in accordance with the
provisions of this subchapter.
(b) Approval of plans
The location and plans for such bridges shall
be approved by the Secretary of Transportation
before construction is commenced, and, in approving the location and plans of any bridge, the
Secretary may impose any specific conditions
relating to the maintenance and operation of
the structure which the Secretary may deem
necessary in the interest of public navigation,
and the conditions so imposed shall have the
force of law. This subsection shall not apply to
any bridge over waters which are not subject to
the ebb and flow of the tide and which are not
used and are not susceptible to use in their natural condition or by reasonable improvement as
a means to transport interstate or foreign commerce.
(c) Private highway toll bridges
Notwithstanding the provisions of subsections
(a) and (b) of this section, it shall be unlawful to
construct or commence the construction of any
privately owned highway toll bridge until the
location and plans thereof shall also have been
submitted to and approved by the highway department or departments of the State or States
in which the bridge and its approaches are situated; and where such bridge shall be between
two or more States and the highway departments thereof shall be unable to agree upon the
location and plans therefor, or if they, or either
of them, shall fail or refuse to act upon the location and plans submitted, such location and
plans then shall be submitted to the Secretary
of Transportation and, if approved by the Sec-

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Page 100

retary of Transportation, approval by the highway departments shall not be required.

§ 526. Repealed. Pub. L. 100–17, title I, § 135(e),
Apr. 2, 1987, 101 Stat. 174

(Aug. 2, 1946, ch. 753, title V, § 502, 60 Stat. 847;
June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380;
1949 Reorg. Plan No. 7, § 1, eff. Aug. 19, 1949, 14
F.R. 5288, 63 Stat. 1070; Pub. L. 97–322, title I,
§ 107(a), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97–449,
§ 2(d)(1), (3), Jan. 12, 1983, 96 Stat. 2440; Pub. L.
98–557, § 17(g)(2), Oct. 30, 1984, 98 Stat. 2869.)

Section, acts Aug. 2, 1946, ch. 753, title V, § 503, 60
Stat. 847; Jan. 12, 1983, Pub. L. 97–449, § 2(d)(1), 96 Stat.
2440, provided that tolls charged for transit over any
interstate bridge be just and reasonable and authorized
Secretary of Transportation to prescribe reasonable
rates of toll for such transit, which rates were to be
legal rates demanded and received. See section 508 of
this title.

AMENDMENTS

§ 526a. Repealed. Pub. L. 100–17, title I, § 135(f),
Apr. 2, 1987, 101 Stat. 174

1984—Subsec. (b). Pub. L. 98–557 struck out ‘‘the Chief
of Engineers and’’ before ‘‘the Secretary of Transportation’’ and substituted ‘‘the Secretary’’ for ‘‘they’’
wherever appearing.
1983—Subsec. (b). Pub. L. 97–449, § 2(d)(1), substituted
‘‘Secretary of Transportation’’ for ‘‘Secretary of War’’.
See Transfer of Functions note below.
Subsec. (c). Pub. L. 97–449, § 2(d)(3), substituted ‘‘Secretary of Transportation’’ for ‘‘Public Roads Administration’’ wherever appearing. See Transfer of Functions
note below.
1982—Subsec. (b). Pub. L. 97–322 inserted exemption
provision at end.
SHORT TITLE
Section 501 of title V of act Aug. 2, 1946, provided
that: ‘‘This title [enacting this subchapter] may be
cited as the ‘General Bridge Act of 1946’.’’
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 section 6(g)(6)(C) of
Pub. L. 89–670. Pub. L. 97–449 amended this section to
reflect transfer made by section 6(g)(6)(C) of Pub. L.
89–670, and repealed section 6(g)(6)(C).
Functions of Public Roads Administration transferred to Bureau of Public Roads within General Services Administration by section 103(a) of act June 30,
1949. See Historical and Revision Notes under section
303(b) of Title 40, Public Buildings, Property, and
Works. Section 303(b) of Title 40 was amended generally
by Pub. L. 109–313, § 2(a)(1), Oct. 6, 2006, 120 Stat. 1734,
and, as so amended, no longer relates to the Federal
Works Agency and Commissioner of Public Buildings.
See 2006 Amendment note under section 303 of Title 40.
Bureau of Public Roads within General Services Administration transferred to Department of Commerce
by section 1 of Reorg. Plan No. 7 of 1949.
For transfer of functions of other officers, employees,
and agencies of Department of Commerce, with certain
exceptions, to Secretary of Commerce, with power to
delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May
24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
Functions, powers, and duties of Secretary of Commerce and other offices and officers of Department of
Commerce under subsec. (c) of this section relating
generally to highways transferred to and vested in Secretary of Transportation by section 6(g)(6)(C) of Pub. L.
89–670. Pub. L. 97–449 amended this section to reflect
transfer made by section 6(g)(6)(C) of Pub. L. 89–670, and
repealed section 6(g)(6)(C).
RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL
Section 511 of title V of act Aug. 2, 1946, provided
that: ‘‘The right to alter, amend, or repeal this title
[this subchapter] is hereby expressly reserved as to any
and all bridges which may be built under authority
hereof.’’

Section, act Pub. L. 93–87, title I, § 133(b), Aug. 13,
1973, 87 Stat. 267, authorized Secretary of Transportation to promulgate regulations establishing guidelines governing any increase in tolls for use of any
bridge constructed pursuant to either the General
Bridge Act of 1906 or the General Bridge Act of 1946.
STUDY OF TOLL BRIDGE AUTHORITY; INVESTIGATION
AND STUDY OF FEDERAL STATUTES AND REGULATIONS; REPORT TO CONGRESS
Section 133(a) of Pub. L. 93–87 directed Secretary of
Transportation to study the existing Federal laws and
regulations governing toll bridges over navigable waters of United States and submit a report containing
recommendations regarding action to be taken to assure reasonable nationwide tolls no later than July 1,
1974, except in the case of the toll bridge at Chester, Illinois, where the Secretary was directed to submit a
similar report no later than Dec. 31, 1973, prior to repeal by Pub. L. 100–17, title I, § 135(f), Apr. 2, 1987, 101
Stat. 174.

§ 527. Acquisition of interstate bridges by public
agencies; amount of damages
After the completion of any interstate toll
bridge constructed by an individual, firm, or
corporation, as determined by the Secretary of
Transportation, either of the States in which
the bridge is located, or any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is
located, or any two or more of them jointly,
may at any time acquire and take over all right,
title, and interest in such bridge and its approaches, and any interest in real property for
public purposes by condemnation or expropriation. If at any time after the expiration of five
years after the completion of such bridge the
same is acquired by condemnation or expropriation, the amount of damages or compensation to
be allowed shall not include good will, going
value, or prospective revenues or profits, but
shall be limited to the sum of (1) the actual cost
of constructing such bridge and its approaches,
less a reasonable deduction for actual depreciation in value; (2) the actual costs of acquiring
such interests in real property; (3) actual financing and promotion costs, not to exceed 10 per
centum of the sum of the cost of constructing
the bridge and its approaches and acquiring such
interests in real property; and (4) actual expenditures for necessary improvements.
(Aug. 2, 1946, ch. 753, title V, § 504, 60 Stat. 848;
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.