1625-0015 Stat/Authority

Page 89

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Sec.

494.

Obstruction of navigation; alterations and removals; lights and signals; draws.
494a.
Study of bridges over navigable waters.
495.
Violations of orders respecting bridges and
accessory works.
496.
Time for commencement and completion of
bridge.
497.
‘‘Persons’’ defined.
498.
Reservation of right to alter or repeal.
498a, 498b. Repealed.
499.
Regulations for drawbridges.
500.
Deflection of current; liability to riparian
owners.
501.
Omitted.
502.
Alteration, removal, or repair of bridge or accessory obstructions to navigation.
503 to 507. Repealed.
508.
Amount of tolls.
SUBCHAPTER II—ALTERATION OF BRIDGES
511.
512.
513.
514.

Definitions.
Obstruction of navigation.
Notice, hearings, and findings.
Submission and approval of general plans and
specifications.
515.
Contracts for project; guaranty of cost.
516.
Apportionment of cost.
517.
Payment of share of United States.
518.
Authorization of appropriations.
519.
Noncompliance with orders; penalties; removal of bridge.
520.
Review of findings and orders.
521.
Regulations and orders.
522.
Existing provisions of law.
523.
Relocation of bridges.
524.
Applicability of administrative procedure
provisions.
SUBCHAPTER III—GENERAL BRIDGE AUTHORITY
525.
Construction and operation of bridges.
526, 526a. Repealed.
527.
Acquisition of interstate bridges by public
agencies; amount of damages.
528.
Statement of construction costs of privately
owned interstate bridges; investigation of
costs; conclusiveness of findings; review.
529.
Repealed.
530.
Bridges included and excluded.
531.
International bridges.
532.
Eminent domain.
533.
Penalties for violations.
534.
Conveyance of right, title, and interest of
United States in bridges transferred to
States or political subdivisions; terms and
conditions.
SUBCHAPTER IV—INTERNATIONAL BRIDGES
535.
535a.
535b.
535c.
535d.
535e.
535f.
535g.
535h.
535i.

Congressional consent to construction, maintenance, and operation of international
bridges; conditions of consent.
Congressional consent to State agreements
with Canada and Mexico; Secretary of
State’s approval of agreements.
Presidential approval; recommendations of
Federal officials.
Secretary of Transportation’s approval; commencement and completion requirements;
extension of time limits.
Repealed.
Ownership.
Applicability of provisions.
Federal navigable waters and commerce jurisdiction unaffected.
Report of Secretary of Transportation’s approval during fiscal year.
Reservation of right to alter or repeal.

SUBCHAPTER I—GENERAL PROVISIONS
§ 491. Approval of and deviation from plans; exemptions
When, after March 23, 1906, authority is granted by Congress to any persons to construct and

§ 492

maintain a bridge across or over any of the navigable waters of the United States, such bridge
shall not be built or commenced until the plans
and specifications for its construction, together
with such drawings of the proposed construction
and such map of the proposed location as may be
required for a full understanding of the subject,
have been submitted to the Secretary of Transportation for the Secretary’s approval, nor until
the Secretary shall have approved such plans
and specifications and the location of such
bridge and accessory works; and when the plans
for any bridge to be constructed under the provisions of sections 491 to 498 of this title, have
been approved by the Secretary it shall not be
lawful to deviate from such plans, either before
or after completion of the structure, unless the
modification of such plans has previously been
submitted to and received the approval of the
Secretary. This section 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.
(Mar. 23, 1906, ch. 1130, § 1, 34 Stat. 84; Pub. L.
97–322, title I, § 107(c), Oct. 15, 1982, 96 Stat. 1582;
Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat.
2440; Pub. L. 98–557, § 17(g)(1), Oct. 30, 1984, 98
Stat. 2869.)
AMENDMENTS
1984—Pub. L. 98–557 substituted ‘‘for the Secretary’s
approval, nor until the Secretary’’ for ‘‘and Chief of Engineers for their approval, nor until they’’ and struck
out ‘‘by the Chief of Engineers and’’ after ‘‘have been
approved’’, ‘‘of the Chief of Engineers and’’ after ‘‘received the approval’’, and ‘‘of Transportation’’ after
‘‘by the Secretary’’ and after ‘‘of the Secretary’’.
1983—Pub. L. 97–449 substituted ‘‘Secretary of Transportation’’ for ‘‘Secretary of War’’ wherever appearing.
See Transfer of Functions note below.
1982—Pub. L. 97–322 inserted sentence at end relating
to exemption.
SHORT TITLE
Sections 491 to 494 and 495 to 498 of this title are popularly known as the ‘‘Bridge Act of 1906’’ and the ‘‘General Bridge Act of 1906’’.
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 Pub. L. 89–670,
§ 6(g)(6)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97–449
amended this section to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89–670, and repealed section
6(g)(6)(B).

§ 492. Bridge as post route; limitation as to
charges against Government; telegraph and
telephone lines
Any bridge built in accordance with the provisions of sections 491 to 498 of this title, shall be
a lawful structure and shall be recognized and
known as a post route, upon which no higher
charge shall be made for the transmission over
the same of the mails, the troops, and the muni-