1625-0073 Stat/Authority

§ 501

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
TRANSFER OF FUNCTIONS
Functions, powers, and duties of Secretary of the
Army and other offices and officers of Department of
the Army under sections 491 to 498 of this title 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 Pub. L. 89–670, § 6(g)(6)(B), Oct. 15,
1966, 80 Stat. 931. Pub. L. 97–449 amended sections 491 to
498 of this title to reflect transfer made by section
6(g)(6)(B) of Pub. L. 89–670, and repealed section
6(g)(6)(B).

§ 501. Omitted
CODIFICATION
Section, R.S. § 5250, gave assent of Congress to construction of bridges across the Maquoketa River in
Iowa.

§ 502. Alteration, removal, or repair of bridge or
accessory obstructions to navigation
(a) Criminal penalties for violation; alteration or
removal requirements; notice and hearing;
specification of changes; time for compliance; notice to United States attorney; misdemeanor; fine; new offenses
Whenever the Secretary of Transportation
shall have good reason to believe that any railroad or other bridge over any of the navigable
waterways of the United States is an unreasonable obstruction to the free navigation of such
waters on account of insufficient height, width
of span, or otherwise, or where there is difficulty in passing the draw opening or the draw
span of such bridge by rafts, steamboats, or
other water craft, it shall be the duty of the said
Secretary, first giving the parties reasonable opportunity to be heard, to give notice to the persons or corporations owning or controlling such
bridge so to alter the same as to render navigation through or under it reasonably free, easy,
and unobstructed; and in giving such notice he
shall specify the changes that are required to be
made, and shall prescribe in each case a reasonable time in which to make them. If at the end
of such time the alteration has not been made,
the Secretary of Transportation shall forthwith
notify the United States attorney for the district in which such bridge is situated, to the end
that the criminal proceedings hereinafter in this
section mentioned may be taken. If the persons,
corporation, or association owning or controlling any railroad or other bridge shall, after receiving notice to that effect, as hereinbefore required, from the Secretary of Transportation
and within the time prescribed by him willfully
fail or refuse to remove the same or to comply
with the lawful order of the Secretary of the
Army in the premises, such persons, corporation, or association shall be deemed guilty of a
misdemeanor and on conviction thereof shall be
punished by a fine not exceeding $5,000, and
every month such persons, corporation, or association shall remain in default in respect to the
removal or alteration of such bridge shall be
deemed a new offense, and subject the persons,

Page 94

corporation, or association so offending to the
penalties above prescribed.
(b) Proper repair requirement
No owner or operator of any bridge, drawbridge, or causeway shall endanger, unreasonably obstruct, or make hazardous the free navigation of any navigable water of the United
States by reason of the failure to keep the
bridge, drawbridge, or causeway and any accessory works in proper repair.
(c) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions
Whoever violates any provision of this section,
or any order issued under this section, shall be
liable to a civil penalty of not more than $5,000
for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation
occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring
in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this
subsection until the person charged is given notice and an opportunity for a hearing on the
charge. The Secretary of Transportation may
assess and collect any civil penalty incurred
under this subsection and, in his discretion, may
remit, mitigate, or compromise any penalty
until the matter is referred to the Attorney
General. If a person against whom a civil penalty is assessed under this subsection fails to
pay that penalty, an action may be commenced
in the district court of the United States for any
district in which the violation occurs for such
penalty.
(Mar. 3, 1899, ch. 425, § 18, 30 Stat. 1153; Mar. 3,
1911, ch. 231, § 291, 36 Stat. 1167; Jan. 31, 1928, ch.
14, § 1, 45 Stat. 54; June 25, 1948, ch. 646, §§ 1, 39,
62 Stat. 909, 992; Pub. L. 97–322, title I, § 108(b),
Oct. 15, 1982, 96 Stat. 1583; Pub. L. 108–293, title
VI, § 601(c), Aug. 9, 2004, 118 Stat. 1050.)
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as
the ‘‘Rivers and Harbors Appropriation Act of 1899’’.
The words ‘‘or from the existing circuit courts,’’
which followed ‘‘district courts’’ in the proviso were superseded by the abolition of the circuit courts and the
transfer of their jurisdiction to the district courts, by
act Mar. 3, 1911.
PRIOR PROVISIONS
This section superseded act Aug. 11, 1888, ch. 860, §§ 9,
10, 25 Stat. 424, as amended by act Sept. 19, 1890, ch. 907,
§§ 4, 5, 26 Stat. 453, which required the Secretary of War
to provide against obstructions to navigation by
bridges, and prescribed a punishment on the owner’s default in making the required alterations.
The Secretary of War was authorized to make the required changes in bridges obstructing navigation on the
owner’s failure to do so, and the Attorney General was
required to institute proceedings against the owner for
the recovery of the cost of such changes, by act July 5,
1884, ch. 229, § 8, 23 Stat. 148.
AMENDMENTS
2004—Subsec. (c). Pub. L. 108–293 substituted ‘‘$5,000
for a violation occurring in 2004; $10,000 for a violation
occurring in 2005; $15,000 for a violation occurring in
2006; $20,000 for a violation occurring in 2007; and $25,000
for a violation occurring in 2008 and any year thereafter’’ for ‘‘$1,000’’.

Page 95

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.