33 U.S.C. § 491 — Approval of and deviation from plans; ex-

Page 100 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 491 tankers carrying crude oil in bulk which in- creases the possibility of vessel collisions and oil spills; and (3) it is necessary to restrict such tanker traffic in Puget Sound in order to protect the navigable waters thereof, the natural re- sources therein, and the shore area imme- diately adjacent thereto, from environmental harm. (b) Notwithstanding any other provision of law, on and after October 18, 1977, no officer, em- ployee, or other official of the Federal Govern- ment shall, or shall have authority to, issue, renew, grant, or otherwise approve any permit, license, or other authority for constructing, ren- ovating, modifying, or otherwise altering a ter- minal, dock, or other facility in, on, or imme- diately adjacent to, or affecting the navigable waters of Puget Sound, or any other navigable waters in the State of Washington east of Port Angeles, which will or may result in any in- crease in the volume of crude oil capable of being handled at any such facility (measured as of October 18, 1977), other than oil to be refined for consumption in the State of Washington. (Pub. L. 95–136, § 5, Oct. 18, 1977, 91 Stat. 1168.) CHAPTER 11—BRIDGES OVER NAVIGABLE WATERS SUBCHAPTER I—GENERAL PROVISIONS Sec. 491. Approval of and deviation from plans; exemp- tions. 492. Bridge as post route; limitation as to charges against Government; telegraph and tele- phone lines. 493. Use of railroad bridges by other railroad com- panies. 494. Obstruction of navigation; alterations and re- movals; 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 Repealed. 499.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 ac- cessory obstructions to navigation. 503 to 507. Repealed. 508. Amount of tolls. SUBCHAPTER II—ALTERATION OF BRIDGES 511. Definitions. 512. Obstruction of navigation. 513. Notice, hearings, and findings. 514. 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; re- moval 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. Sec. 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. Congressional consent to construction, main- tenance, and operation of international bridges; conditions of consent. 535a. Congressional consent to State agreements with Canada and Mexico; Secretary of State’s approval of agreements. 535b. Presidential approval; recommendations of Federal officials. 535c. Approval of Secretary; commencement and completion requirements; extension of time limits. 535d. Permitting for international bridges. 535e. Ownership. 535f. Applicability of provisions. 535g. Federal navigable waters and commerce juris- diction unaffected. 535h. Repealed. 535i. Reservation of right to alter or repeal. Statutory Notes and Related Subsidiaries BRIDGE PERMITS Pub. L. 112–213, title VII, § 712(a), Dec. 20, 2012, 126 Stat. 1582, provided that: ‘‘(a) IN GENERAL.—For the purposes of reviewing a permit application pursuant to section 9 of the Act of March 3, 1899, popularly known as the Rivers and Har- bors Appropriation Act of 1899 (33 U.S.C. 401), the Act of March 23, 1906, popularly known as the Bridge Act of 1906 (33 U.S.C. 491 et seq.), the Act of June 21, 1940, pop- ularly known as the Truman-Hobbs Act (33 U.S.C. 511 et seq.), or the General Bridge Act of 1946 (33 U.S.C. 525 et seq.), the Secretary of the department in which the Coast Guard is operating may— ‘‘(1) accept voluntary services from one or more owners of a bridge; and ‘‘(2) accept and credit to Coast Guard operating ex- penses any amounts received from one or more own- ers of a bridge.’’ SUBCHAPTER I—GENERAL PROVISIONS § 491. Approval of and deviation from plans; ex- emptions When, after March 23, 1906, authority is grant- ed by Congress to any persons to construct and maintain a bridge across or over any of the navi- gable 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 the de- partment in which the Coast Guard is operating for the Secretary’s approval, nor until the Sec- retary shall have approved such plans and speci- Page 101 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 494 fications and the location of such bridge and ac- cessory works; and when the plans for any bridge to be constructed under the provisions of sections 491 to 494 and 495 to 498 of this title, have been approved by the Secretary it shall not be lawful to deviate from such plans, either be- fore 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 nat- ural condition or by reasonable improvement as a means to transport interstate or foreign com- merce. (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; Pub. L. 114–120, title III, § 306(b)(2)(A), Feb. 8, 2016, 130 Stat. 55.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–120 substituted ‘‘Secretary of the de- partment in which the Coast Guard is operating’’ for ‘‘Secretary of Transportation’’. 1984—Pub. L. 98–557 substituted ‘‘for the Secretary’s approval, nor until the Secretary’’ for ‘‘and Chief of En- gineers 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 ‘‘re- ceived the approval’’, and ‘‘of Transportation’’ after ‘‘by the Secretary’’ and after ‘‘of the Secretary’’. 1983—Pub. L. 97–449 substituted ‘‘Secretary of Trans- portation’’ for ‘‘Secretary of War’’ wherever appearing. See Transfer of Functions note below. 1982—Pub. L. 97–322 inserted sentence at end relating to exemption. Statutory Notes and Related Subsidiaries SHORT TITLE Sections 491 to 494 and 495 to 498 of this title are pop- ularly known as the ‘‘Bridge Act of 1906’’ and the ‘‘Gen- eral 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 sec- tion 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 sec- tion 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 provi- sions of sections 491 to 494 and 495 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 munitions of war of the United States than the rate per mile paid for the trans- portation over any railroad, street railway, or public highway leading to said bridge; and the United States shall have the right to construct, maintain, and repair, without any charge there- for, telegraph and telephone lines across and upon said bridge and its approaches; and equal privileges in the use of said bridge and its ap- proaches shall be granted to all telegraph and telephone companies. (Mar. 23, 1906, ch. 1130, § 2, 34 Stat. 85.) § 493. Use of railroad bridges by other railroad companies All railroad companies desiring the use of any railroad bridge built in accordance with the pro- visions of sections 491 to 494 and 495 to 498 of this title, shall be entitled to equal rights and privi- leges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment of a reasonable com- pensation for such use; and in case of any dis- agreement between the parties in regard to the terms of such use or the sums to be paid all mat- ters at issue shall be determined by the Sec- retary of Transportation upon hearing the alle- gations and proofs submitted to him. (Mar. 23, 1906, ch. 1130, § 3, 34 Stat. 85; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.) Editorial Notes AMENDMENTS 1983—Pub. L. 97–449 substituted ‘‘Secretary of Trans- portation’’ for ‘‘Secretary of War’’. See Transfer of Functions note below. Statutory Notes and Related Subsidiaries 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 sec- tion 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 sec- tion 6(g)(6)(B) of Pub. L. 89–670, and repealed section 6(g)(6)(B). § 494. Obstruction of navigation; alterations and removals; lights and signals; draws No bridge erected or maintained under the provisions of sections 491 to 494 and 495 to 498 of this title, shall at any time unreasonably ob- struct the free navigation of the waters over which it is constructed, and if any bridge erect- ed in accordance with the provisions of said sec- tions, shall, in the opinion of the Secretary of the department in which the Coast Guard is op- erating at any time unreasonably obstruct such navigation, either on account of insufficient height, width of span, or otherwise, or if there be difficulty in passing the draw opening or the drawspan of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the Sec- retary of the department in which the Coast Guard is operating after giving the parties inter- ested reasonable opportunity to be heard, to no- tify the persons owning or controlling such