33 U.S.C. § 511 — Definitions

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 Repealed.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- Page 109 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 515 tive Dates note preceding section 101 of Title 11, Bank- ruptcy. SHORT TITLE Sections 511 to 523 of this title are popularly known as the ‘‘Hobbs Bridge Act’’ and also as the ‘‘Truman- Hobbs Act’’. 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). § 512. Obstruction of navigation No bridge shall at any time unreasonably ob- struct the free navigation of any navigable wa- ters of the United States. (June 21, 1940, ch. 409, § 2, 54 Stat. 498.) § 513. Notice, hearings, and findings Whenever any bridge shall, in the opinion of the Secretary, at any time unreasonably ob- struct such navigation, it shall be the duty of the Secretary, after notice to interested parties, to hold a hearing at which the bridge owner, those interested in water navigation thereunder or therethrough, those interested in either rail- road or highway traffic thereover, and any other party or parties in interest shall have full oppor- tunity to offer evidence and be heard as to whether any alteration of such bridge is needed, and if so what alterations are needed, having due regard to the necessity of free and unob- structed water navigation and to the necessities of the rail or highway traffic. If, upon such hear- ing, the Secretary determines that any alter- ations of such bridge are necessary in order to render navigation through or under it reason- ably free, easy, and unobstructed, having due re- gard also for the necessities of rail or highway traffic thereover, he shall so find and shall issue and cause to be served upon interested parties an order requiring such alterations of such bridge as he finds to be reasonably necessary for the purposes of navigation. (June 21, 1940, ch. 409, § 3, 54 Stat. 498.) § 514. Submission and approval of general plans and specifications After the service of an order under this sub- chapter, it shall be the duty of the bridge owner to prepare and submit to the Secretary of the department in which the Coast Guard is oper- ating, within a reasonable time as prescribed by the Secretary, general plans and specifications to provide for the alteration of such bridge in accordance with such order, and for such addi- tional alteration of such bridge as the bridge owner may desire to meet the necessities of rail- road or highway traffic, or both. The Secretary may approve or reject such general plans and specifications, in whole or in part, and may re- quire the submission of new or additional plans and specifications, but when the Secretary shall have approved general plans and specifications, they shall be final and binding upon all parties unless changes therein be afterward approved by the Secretary and the bridge owner. (June 21, 1940, ch. 409, § 4, 54 Stat. 498; Pub. L. 94–587, § 119, Oct. 22, 1976, 90 Stat. 2924; Pub. L. 114–120, title III, § 306(b)(4)(B), 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’’. 1976—Pub. L. 94–587 substituted provision for prepara- tion and submission of general plans and specifications within a reasonable time as prescribed by the Secretary after the service of an order for provision for such ac- tion within ninety days after service of his order. § 515. Contracts for project; guaranty of cost After approval of such general plans and speci- fications by the Secretary, and after notifica- tion of such approval, the bridge owner shall, in such manner and within such times as the Sec- retary may prescribe, take bids for the alter- ation of such bridge in accordance with such general plans and specifications. All bids, in- cluding any bid for all or part of the project sub- mitted by the bridge owner, shall be submitted to the Secretary, together with a recommenda- tion by the bridge owner as to the most com- petent bid or bids, and at the same time the bridge owner shall submit to the Secretary a written guaranty that the total cost of the project, including the cost of such work as is to be performed by the bridge owner and not in- cluded in the work to be performed by contract, shall not exceed the sum stated in said guar- anty. The Secretary may direct the bridge owner to reject all bids and to take new bids, or may authorize the bridge owner to proceed with the project, by contract, or partly by contract and partly by the bridge owner, or wholly by the bridge owner. Upon such authorization and fix- ing of the proportionate shares of the cost as provided in section 516 of this title, the bridge owner shall, within a reasonable time to be pre- scribed by the Secretary, proceed with the work of alteration; and the cost thereof shall be borne by the United States and by the bridge owner, as provided in sections 516 and 517 of this title: Pro- vided, That where funds have been appropriated for part only of a project, the bridge owner may take bids for part only of the work. In the event the bridge owner proceeds with the alteration through the taking of successive partial bids, the bridge owner shall, if required by the Sec- retary, submit a revised guaranty of cost after bids are accepted for successive parts of the work. (June 21, 1940, ch. 409, § 5, 54 Stat. 498; Pub. L. 85–640, § 1(a), (b), Aug. 14, 1958, 72 Stat. 595.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–640 struck out provisions which re- quired bridge owner to take bids within 90 days after notification of approval of general plans and specifica- tions, and inserted provisions permitting the taking of partial bids where funds have been appropriated for