33 U.S.C. § 502 — Alteration, removal, or repair of bridge or

Page 107 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 502 § 502. Alteration, removal, or repair of bridge or accessory obstructions to navigation (a) Criminal penalties for violation; alteration or removal requirements; notice and hearing; specification of changes; time for compli- ance; notice to United States attorney; mis- demeanor; fine; new offenses Whenever the Secretary of the department in which the Coast Guard is operating shall have good reason to believe that any railroad or other bridge over any of the navigable waterways of the United States is an unreasonable obstruc- tion to the free navigation of such waters on ac- count of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw opening or the draw span of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the said Secretary, first giving the parties reasonable opportunity to be heard, to give notice to the persons or cor- porations owning or controlling such bridge so to alter the same as to render navigation through or under it reasonably free, easy, and unobstructed; and in giving such notice he shall specify the changes that are required to be made, and shall prescribe in each case a reason- able time in which to make them. If at the end of such time the alteration has not been made, the Secretary of the department in which the Coast Guard is operating shall forthwith notify the United States attorney for the district in which such bridge is situated, to the end that the criminal proceedings hereinafter in this sec- tion mentioned may be taken. If the persons, corporation, or association owning or control- ling any railroad or other bridge shall, after re- ceiving notice to that effect, as hereinbefore re- quired, from the Secretary of the department in which the Coast Guard is operating and within the time prescribed by him willfully fail or refuse to remove the same or to comply with the lawful order of the Secretary of the department in which the Coast Guard is operating in the premises, such persons, corporation, or associa- tion shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding $5,000, and every month such persons, corporation, or association shall re- main in default in respect to the removal or al- teration of such bridge shall be deemed a new of- fense, and subject the persons, corporation, or association so offending to the penalties above prescribed. (b) Proper repair requirement No owner or operator of any bridge, draw- bridge, or causeway shall endanger, unreason- ably obstruct, or make hazardous the free navi- gation of any navigable water of the United States by reason of the failure to keep the bridge, drawbridge, or causeway and any acces- sory works in proper repair. (c) Civil penalties for violation; separate of- fenses; notice and hearing; assessment, col- lection, and remission; civil actions Whoever violates any provision of this section, or any order issued under this section, shall be liable to a civil penalty of not more than $5,000 for a violation occurring in 2004; $10,000 for a vio- lation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occur- ring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter. Each day a vio- lation continues shall be deemed a separate of- fense. No penalty may be assessed under this subsection until the person charged is given no- tice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty. (Mar. 3, 1899, ch. 425, § 18, 30 Stat. 1153; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; June 25, 1948, ch. 646, §§ 1, 39, 62 Stat. 909, 992; Pub. L. 97–322, title I, § 108(b), Oct. 15, 1982, 96 Stat. 1583; Pub. L. 108–293, title VI, § 601(c), Aug. 9, 2004, 118 Stat. 1050; Pub. L. 114–120, title III, § 306(b)(1)(B), 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’’. The words ‘‘or from the existing circuit courts,’’ which followed ‘‘district courts’’ in the proviso were su- perseded by the abolition of the circuit courts and the transfer of their jurisdiction to the district courts, by act Mar. 3, 1911. PRIOR PROVISIONS This section superseded act Aug. 11, 1888, ch. 860, §§ 9, 10, 25 Stat. 424, as amended by act Sept. 19, 1890, ch. 907, §§ 4, 5, 26 Stat. 453, which required the Secretary of War to provide against obstructions to navigation by bridges, and prescribed a punishment on the owner’s de- fault in making the required alterations. The Secretary of War was authorized to make the re- quired changes in bridges obstructing navigation on the owner’s failure to do so, and the Attorney General was required to institute proceedings against the owner for the recovery of the cost of such changes, by act July 5, 1884, ch. 229, § 8, 23 Stat. 148. AMENDMENTS 2016—Subsecs. (a), (c). Pub. L. 114–120 substituted ‘‘Secretary of the department in which the Coast Guard is operating’’ for ‘‘Secretary of Transportation’’ wher- ever appearing. 2004—Subsec. (c). Pub. L. 108–293 substituted ‘‘$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year there- after’’ for ‘‘$1,000’’. 1982—Subsec. (a). Pub. L. 97–322 designated existing provisions as subsec. (a), substituted ‘‘Secretary of Transportation’’ for ‘‘Secretary of War’’ wherever ap- pearing, and struck out ‘‘recommended by the Chief of Engineers’’ after ‘‘specify the charges’’. Subsecs. (b), (c). Pub. L. 97–322 added subsecs. (b) and (c). 1948—Act June 25, 1948, § 39, repealed proviso at end relating to appeals. See sections 1252 and 1253 of title 28. Page 108 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 503 to 507 Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorney’’ for ‘‘district attorney of the United States’’. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder. EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act June 25, 1948 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Ef- fective Date note preceding section 1 of Title 28, Judici- ary and Judicial Procedure. LIMITATION ON APPLICATION Section as not applicable to bridges constructed under sections 491 to 494 and 495 to 498 of this title, see section 494 of this title. § 503 to 507. Repealed. Pub. L. 100–17, title I, § 135(d), Apr. 2, 1987, 101 Stat. 174 Section 503, act Aug. 21, 1935, ch. 597, § 1, 49 Stat. 670, provided that, on and after Aug. 21, 1935, tolls over any bridge over any of the navigable waters of the United States, if such bridge is used for travel or transpor- tation in interstate or foreign commerce, be just and reasonable and specified bridges to which sections 503 to 507 of this title not apply. Section 504, acts Aug. 21, 1935, ch. 597, § 2, 49 Stat. 671; Jan. 12, 1983, Pub. L. 97–449, § 2(d)(1), 96 Stat. 2440, au- thorized Secretary of Transportation to determine rea- sonableness of any toll charged for passage or transit over any bridge to which sections 503 to 507 of this title applied and to prescribe an order establishing a reason- able toll, which order was to take effect thirty days after issuance. Section 505, acts Aug. 21, 1935, ch. 597, § 3, 49 Stat. 671; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Jan. 12, 1983, Pub. L. 97–449, § 2(d)(1), 96 Stat. 2440, provided for judicial review of or- ders of the Secretary of Transportation prescribing rea- sonable tolls. Section 506, acts Aug. 21, 1935, ch. 597, § 4, 49 Stat. 671; Oct. 15, 1970, Pub. L. 91–452, title II, § 235, 84 Stat. 930; Jan. 12, 1983, Pub. L. 97–449, § 2(d)(1), 96 Stat. 2440, au- thorized Secretary of Transportation to hold hearings in determining reasonableness of tolls, to require at- tendance of witnesses, and to punish witnesses for fail- ure to attend such hearings. Section 507, act Aug. 21, 1935, ch. 597, § 5, 49 Stat. 672, related to punishment for failure to obey an order pre- scribing toll. § 508. Amount of tolls Tolls for passage or transit over any bridge constructed under the authority of the Act of March 23, 1906, commonly known as the ‘‘Bridge Act of 1906’’, the General Bridge Act of 1946 [33 U.S.C. 525 et seq.], and the International Bridge Act of 1972 [33 U.S.C. 535 et seq.] shall be just and reasonable. (Pub. L. 100–17, title I, § 135(i), Apr. 2, 1987, 101 Stat. 174.) Editorial Notes REFERENCES IN TEXT Act of March 23, 1906, commonly known as the ‘‘Bridge Act of 1906’’, referred to in text, is act Mar. 23, 1906, ch. 1130, 34 Stat. 84, which enacted sections 491 to 494 and 495 to 498 of this title. For complete classifica- tion of this Act of the Code, see Short Title note set out under section 491 of this title and Tables. The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, which is classified generally to subchapter III (§ 525 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables. The International Bridge Act of 1972, referred to in text, is Pub. L. 92–434, Sept. 26, 1972, 86 Stat. 731, which is classified principally to subchapter IV (§ 535 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 535 of this title and Tables. SUBCHAPTER II—ALTERATION OF BRIDGES § 511. Definitions When used in this subchapter, unless the con- text indicates otherwise— The term ‘‘alteration’’ includes changes of any kind, reconstruction, or removal in whole or in part. The term ‘‘bridge’’ means a lawful bridge over navigable waters of the United States, including approaches, fenders, and appurtenances thereto, which is used and operated for the purpose of carrying railroad traffic, or both railroad and highway traffic, or if a State, county, munici- pality, or other political subdivision is the owner or joint owner thereof, which is used and operated for the purpose of carrying highway traffic. The term ‘‘bridge owner’’ means any State, county, municipality, or other political subdivi- sion, or any corporation, association, partner- ship, or individual owning, or jointly owning, any bridge, and, when any bridge shall be in the possession or under the control of any trustee, receiver, trustee in a case under title 11, or les- see, such terms shall include both the owner of the legal title and the person or the entity in possession or control of such bridge. The term ‘‘Secretary’’ means the Secretary of the department in which the Coast Guard is op- erating. The term ‘‘United States’’, when used in a geo- graphical sense, includes the Territories and possessions of the United States. (June 21, 1940, ch. 409, § 1, 54 Stat. 497; July 16, 1952, ch. 889, § 1, 66 Stat. 732; Pub. L. 95–598, title III, § 323, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 97–449, § 2(d)(2), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 114–120, title III, § 306(b)(4)(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’’. 1983—Pub. L. 97–449 substituted provision that the term ‘‘Secretary’’ means the Secretary of Transpor- tation for provision that it meant the Secretary of War acting directly or through the Chief of Engineers. 1978—Pub. L. 95–598 substituted in definition of ‘‘bridge owner’’ the phrase ‘‘trustee in a case under title 11’’ for ‘‘trustee in bankruptcy’’. 1952—Act of July 16, 1952, redefined ‘‘bridge’’ and ‘‘bridge owner’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec-