1625-0015 Stat/Authority

Page 43

TITLE 33—NAVIGATION AND NAVIGABLE WATERS
SUBCHAPTER I—IN GENERAL

§ 401. Construction of bridges, causeways, dams
or dikes generally; exemptions
It shall not be lawful to construct or commence the construction of any bridge, causeway,
dam, or dike over or in any port, roadstead,
haven, harbor, canal, navigable river, or other
navigable water of the United States until the
consent of Congress to the building of such
structures shall have been obtained and until
the plans for (1) the bridge or causeway shall
have been submitted to and approved by the
Secretary of Transportation, or (2) the dam or
dike shall have been submitted to and approved
by the Chief of Engineers and Secretary of the
Army. However, such structures may be built
under authority of the legislature of a State
across rivers and other waterways the navigable
portions of which lie wholly within the limits of
a single State, provided the location and plans
thereof are submitted to and approved by the
Secretary of Transportation or by the Chief of
Engineers and Secretary of the Army before
construction is commenced. When plans for any
bridge or other structure have been approved by
the Secretary of Transportation or by the Chief
of Engineers and Secretary of the Army, it shall
not be lawful to deviate from such plans either
before or after completion of the structure unless modification of said plans has previously
been submitted to and received the approval of
the Secretary of Transportation or the Chief of
Engineers and the Secretary of the Army. The
approval required by this section of the location
and plans or any modification of plans of any
bridge or causeway does not apply to any bridge
or causeway over waters that are not subject to
the ebb and flow of the tide and that 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.
(Mar. 3, 1899, ch. 425, § 9, 30 Stat. 1151; Pub. L.
97–322, title I, § 107(b), Oct. 15, 1982, 96 Stat. 1582;
Pub. L. 97–449, § 2(f), Jan. 12, 1983, 96 Stat. 2440.)
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as
the ‘‘Rivers and Harbors Appropriation Act of 1899’’,
and together with section 403 of this title superseded
act Sept. 19, 1890, ch. 907, § 7, 26 Stat. 454, as amended
by act July 13, 1892, ch. 158, § 3, 27 Stat. 88, which prohibited the erection of obstructions to navigation, and
prohibited the erection of bridges over navigable waters under State legislation before the approval of the
plans by the Secretary of War, and prohibited the alteration of channels unless authorized by that Secretary.
AMENDMENTS
1983—Pub. L. 97–449 amended section generally to reflect transfer of certain functions, powers, and duties of
Secretary of the Army under this section to Secretary
of Transportation. See Transfer of Functions note
below.
1982—Pub. L. 97–322 inserted sentence at end relating
to exemption.
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of Transportation related to compliance
with permits for bridges across navigable waters issued

§ 402

under this section with respect to pre-construction,
construction, and initial operation of transportation
system for Canadian and Alaskan natural gas were
transferred to the Federal Inspector, Office of Federal
Inspector for the Alaska Natural Gas Transportation
System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(c), 203(a), 44
F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector
for the Alaska Natural Gas Transportation System
abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section
3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of
Title 15, Commerce and Trade. Functions and authority
vested in Secretary of Energy subsequently transferred
to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
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 Pub. L. 89–670,
§ 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97–449
amended this section to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section
6(g)(6)(A).

§ 402. Construction of bridges, etc., over Illinois
and Mississippi Canal
The provisions of section 401 of this title are
made applicable alike to the completed and uncompleted portions of the Illinois and Mississippi Canal. Whenever the Secretary of the
Army shall approve plans for a bridge to be built
across said canal he may, in his discretion, and
subject to such terms and conditions as in his
judgment are equitable, expedient, and just to
the public, grant to the person or corporation
building and owning such bridge a right of way
across the lands of the United States on either
side of and adjacent to the said canal; also the
privilege of occupying so much of said lands as
may be necessary for the piers, abutments, and
other portions of the bridge structure and approaches.
(June 13, 1902, ch. 1079, § 10, 32 Stat. 374; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
CODIFICATION
Section is from part of act June 13, 1902, popularly
known as the ‘‘Rivers and Harbors Appropriation Act of
1902’’.
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
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 section 401 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 Trans-