1625-0073 Stat/Authority

Page 111

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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 the department in which
the Coast Guard is operating 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; Pub. L.
114–120, title III, § 306(b)(4)(D), Feb. 8, 2016, 130
Stat. 55.)
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–120 substituted ‘‘Secretary of the department in which the Coast Guard is operating’’ for
‘‘Secretary of Transportation’’.
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’’.
Statutory Notes and Related Subsidiaries
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repealed section 6(g)(3).

§ 524. Applicability of administrative procedure
provisions
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.
(July 16, 1952, ch. 889, § 3, 66 Stat. 733.)
Editorial Notes
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

§ 525

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 the department
in which the Coast Guard is operating 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), 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 Secretary of
Transportation, approval by the highway departments shall not be required.
(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; Pub.
L. 114–120, title III, § 306(b)(5)(A), Feb. 8, 2016, 130
Stat. 55.)
Editorial Notes
AMENDMENTS
2016—Subsec. (b). Pub. L. 114–120 substituted ‘‘Secretary of the department in which the Coast Guard is
operating’’ for ‘‘Secretary of Transportation’’.
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.