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33 U.S.C. § 402 — Construction of bridges, etc., over Illinois and Mississippi Canal

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 402 — Construction of bridges, etc., over Illinois and Mississippi Canal

The provisions of [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section401&num=0&edition=prelim) 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 402

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Stable record: federal_law:legal_authorities:record_usc_87136535d8a9bf1885774041
Source file: Laws/federal/codes/united-states-code/title-33/section-402-construction-of-bridges-etc-over-illinois-and-mississippi-canal--b4cedf2eb1.md
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Passage SHA-256: 7cbd45a973dfb1c3c60a2b435bcef70d94ce5c52197718952e17063172917b64

Source location: Title 33, Chapter 9, § 402; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md

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The provisions of [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section401&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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 the department in which the Coast Guard is operating, 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 the department in which the Coast Guard is operating 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 the department in which the Coast Guard is operating 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 the department in which the Coast Guard is operating 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 401

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 402 — Construction of bridges, etc., over Illinois

Page 46 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 402 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 im- provement 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; Pub. L. 114–120, title III, § 306(b)(1)(A), Feb. 8, 2016, 130 Stat. 55.) Editorial Notes 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 effectively superseded act Sept. 19, 1890, ch. 907, § 7, 26 Stat. 454, as amended generally 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 2016—Pub. L. 114–120 substituted ‘‘Secretary of the de- partment in which the Coast Guard is operating’’ for ‘‘Secretary of Transportation’’ wherever appearing. 1983—Pub. L. 97–449 amended section generally to re- flect 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. Statuto

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 402

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