33 U.S.C. § 522 — Existing provisions of law

Page 111 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 522 tation. 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 L. 89–670, and repealed section 6(g)(3). Executive Documents TRANSFER OF FUNCTIONS ‘‘Fiscal Service’’ substituted in text for ‘‘Division of Disbursement’’ on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Govern- ment Organization and Employees, which consolidated such division into Fiscal Service of Department of the Treasury. See section 306 of Title 31, Money and Fi- nance. § 518. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pro- visions of this subchapter. (June 21, 1940, ch. 409, § 8, 54 Stat. 500.) Statutory Notes and Related Subsidiaries ALTERATION OF BRIDGES Pub. L. 108–90, title II, Oct. 1, 2003, 117 Stat. 1144, pro- vided in part: ‘‘That in fiscal year 2004 and thereafter, funds for bridge alteration projects conducted pursuant to the Act of June 21, 1940 (33 U.S.C. 511 et seq.) shall be available for such projects only to the extent that the steel, iron, and manufactured products used in such projects are produced in the United States, unless con- trary to law or international agreement, or unless the Commandant of the Coast Guard determines such ac- tion to be inconsistent with the public interest or the cost unreasonable.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 108–7, div. I, title I, Feb. 20, 2003, 117 Stat. 389. § 519. Noncompliance with orders; penalties; re- moval of bridge Any bridge owner who shall willfully fail or refuse to comply with any lawful order of the Secretary, made in accordance with the provi- sions of this subchapter, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent ju- risdiction by a fine not exceeding $5,000, and every month such bridge owner shall remain in default shall be deemed a new offense and sub- ject such bridge owner to additional penalties therefor. In addition to the penalties above pre- scribed the Secretary may, upon the failure or refusal of any bridge owner to comply with any lawful order issued by the Secretary in regard thereto, cause the removal of any such bridge and accessory works at the expense of the bridge owner; and suit for such expense may be brought in the name of the United States against such bridge owner and recovery had for such expense in any court of competent jurisdiction. The re- moval of any bridge erected or maintained in violation of the provisions of this subchapter or the order or direction of the Secretary made in pursuance thereof, and compliance with any order of the Secretary made with respect to any bridge in accordance with the provisions of this subchapter, may be enforced by injunction, mandamus, or other summary process upon ap- plication to the district court of any district in which such bridge may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary. (June 21, 1940, ch. 409, § 9, 54 Stat. 500.) § 520. Review of findings and orders Any order made or issued under section 516 of this title may be reviewed by the court of ap- peals for any judicial circuit in which the bridge in question is wholly or partly located, if a peti- tion for such review is filed within three months after the date such order is issued. The judg- ment of any such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certification or certiorari, in the manner provided in section 1254 of title 28. The review by such Court shall be limited to questions of law, and the findings of fact by the Secretary, if supported by sub- stantial evidence, shall be conclusive. Upon such review, such Court shall have power to affirm or, if the order is not in accordance with law, to modify or to reverse the order, with or without remanding the case for a rehearing as justice may require. Proceedings under this section shall not operate as a stay of any order of the Secretary issued under provisions of this sub- chapter other than section 516 of this title, or relieve any bridge owner of any liability or pen- alty under such provisions. (June 21, 1940, ch. 409, § 10, 54 Stat. 501; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) Editorial Notes CODIFICATION ‘‘Section 1254 of title 28’’ substituted in text for ‘‘sec- tions 239 and 240 of the Judicial Code, as amended’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, sec- tion 1 of which enacted Title 28, Judiciary and Judicial Procedure. Prior to the enactment of Title 28, sections 239 and 240 of the Judicial Code were classified to sec- tions 346 and 347 of Title 28. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of ap- peals’’. § 521. Regulations and orders The Secretary is authorized to prescribe such rules and regulations, and to make and issue such orders, as may be necessary or appropriate for carrying out the provisions of this sub- chapter. (June 21, 1940, ch. 409, § 11, 54 Stat. 501.) § 522. Existing provisions of law The first sentence of section 494 of this title, and section 502 of this title, shall be inapplicable with respect to any bridge to which the provi- sions of this subchapter are applicable. (June 21, 1940, ch. 409, § 12, 54 Stat. 501; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(b), Jan. 1, 2021, 134 Stat. 4754; Pub. L. 117–263, div. K, title CXVIII, § 11805(a), (c), Dec. 23, 2022, 136 Stat. 4164, 4165.) Page 112 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 523 Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 11805(c), struck out ‘‘, except to the extent provided in this section’’ before period at end. Pub. L. 117–263, § 11805(a), reinstated section 12(a) of the act of June 21, 1940, as it appeared before repeal by Pub. L. 116–283, and redesignated it as the sole text of section 12. 2021—Pub. L. 116–283 repealed this section. Text of subsec. (a) was reinstated by Pub. L. 117–263 and redes- ignated as text of entire section. See above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. K, title CXVIII, § 11805(b), Dec. 23, 2022, 136 Stat. 4165, provided that: ‘‘The provision rein- stated under subsection (a) [this section] shall be treat- ed as if such section 8507(b) [of Pub. L. 116–283, which had repealed this section] had never taken effect.’’ § 523. Relocation of bridges If the owner of any bridge and the Secretary shall agree that in order to remove an obstruc- tion to navigation, or for any other purpose, a relocation of such bridge or the construction of a new bridge upon a new location would be pref- erable to an alteration of the existing bridge, such relocation or new construction may be car- ried out at such new site and upon such terms as may be acceptable to the bridge owner and the Secretary, and the cost of such relocation or new construction, including also any expense of changes in and additions to rights-of-way, sta- tions, tracks, spurs, sidings, switches, signals, and other railroad facilities and property, and relocation of shippers required for railroad con- nection with the bridge at the new site, shall be apportioned as between the bridge owner and the United States in the manner which is pro- vided 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 de- partment in which the Coast Guard is operating’’ for ‘‘Secretary of Transportation’’. 1983—Pub. L. 97–449 substituted ‘‘Secretary of Trans- portation’’ 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 Transpor- tation. 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 require- ments 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 amend- ed 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 ‘‘sec- tion 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 con- struction, maintenance, and operation of bridges and approaches thereto over the navigable wa- ters 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 Sec- retary may impose any specific conditions relat- ing to the maintenance and operation of the structure which the Secretary may deem nec- essary 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 com- merce. (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