Title 33 — Navigation and Navigable Waters
Chapter 11 — Bridges Over Navigable Waters
§ 491. Approval of and deviation from plans; exemptions
Statutory text
When, after , authority is granted by Congress to any persons to construct and maintain a bridge across or over any of the navigable 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 department in which the Coast Guard is operating for the Secretary’s approval, nor until the Secretary shall have approved such plans and specifications and the location of such bridge and accessory 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 before 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 natural condition or by reasonable improvement as a means to transport interstate or foreign commerce.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 59–1130 § 1 · 34 Stat. 84
Enacted · 33 U.S.C. § 491
Mar. 23, 1906, ch. 1130, § 1, 34 Stat. 84
Source evidence
Code source credit
Mar. 23, 1906, ch. 1130, § 1, 34 Stat. 84Coast Guard Authorization Act of 1982
Pub. L. 97–322 title I § 107(c) · 96 Stat. 1581
Inserted · 33 U.S.C. § 491
Pub. L. 97–322 inserted sentence at end relating to exemption
Source evidence
Code amendment note
Pub. L. 97–322 inserted sentence at end relating to exemption.Enacted provision · exact public law section
(c) The first section of the Act of March 23, 1906, entitled “An Act to regulate the construction of bridges over navigable waters” (33 U.S.C. 491) is amended by adding at the end thereof the following: “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 natural condition or by reasonable improvement as a means to transport interstate or foreign commerce.”.Pub. L. 97–449 § 2(d)(1) · 96 Stat. 2413
Substituted · 33 U.S.C. § 491
Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing. See Transfer of Functions note below
Source evidence
Code amendment note
Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing. See Transfer of Functions note below.Enacted provision · exact public law section
(1) Section 7 of the Act of March 4, 1915 (33 U.S.C. 471), rule 9 of section 1 of the Act of February 8, 1895 (33 U.S.C. 258), section 5 of the Act of August 18, 1894 (33 U.S.C. 499), sections 7 and 13 of the Act of June 21, 1940 (33 U.S.C. 517 and 523), the Act of August 21, 1935 (33 U.S.C. 503–507), the Act of March 23, 1906 (33 U.S.C. 491–498), and the General Bridge Act of 1946 (33 U.S.C. 525–533) are amended by striking out the words “Secretary of War” wherever they appear and substituting “Secretary of Transportation”.Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 17(g)(1) · 98 Stat. 2860
Substituted · 33 U.S.C. § 491
Pub. L. 98–557 substituted “for the Secretary’s approval, nor until the Secretary” for “and Chief of Engineers for their approval, nor until they”
Struck · 33 U.S.C. § 491
Pub. L. 98–557 struck out “by the Chief of Engineers and” after “have been approved”, “of the Chief of Engineers and” after “received the approval”, and “of Transportation” after “by the Secretary” and after “of the Secretary”
Source evidence
Code amendment note
Pub. L. 98–557 substituted “for the Secretary’s approval, nor until the Secretary” for “and Chief of Engineers 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 “received the approval”, and “of Transportation” after “by the Secretary” and after “of the Secretary”.Enacted provision · exact public law section
(1) The first section of the Act of March 23, 1906 (33 U.S.C. 491), popularly known as the “Bridge Act of 1906”, is amended— (A) by striking “and Chief of Engineers for their approval, nor until they” and inserting in lieu thereof “for the Secretary’s approval, nor until the Secretary”; (B) by striking “by the Chief of Engineers and”; (C) by striking “of the Chief of Engineers and”; and (D) by striking “of Transportation” the second and third place it appears.Coast Guard Authorization Act of 2015
Pub. L. 114–120 title III § 306(b)(2)(A) · 130 Stat. 27
Substituted · 33 U.S.C. § 491
Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation”
Source evidence
Code amendment note
Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation”.Enacted provision · exact public law section
(A) in the first section (33 U.S.C. 491), by striking “Secretary of Transportation” and inserting “Secretary of the department in which the Coast Guard is operating”;
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1982–2016 · 4 rounds
2016
Pub. L. 114–120 substituted “Secretary of the department 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 Engineers 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 “received the approval”, and “of Transportation” after “by the Secretary” and after “of the Secretary”.
1983
Pub. L. 97–449 substituted “Secretary of Transportation” 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 popularly known as the “Bridge Act of 1906” and the “General 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 section 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), , 80 Stat. 941. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89–670, and repealed section 6(g)(6)(B).
Credits
1906–2016 · 5 acts
- 1906Mar. 23, 1906, ch. 1130, § 1, 34 Stat. 84
- 1982Pub. L. 97–322, title I, § 107(c), , 96 Stat. 1582
- 1983Pub. L. 97–449, § 2(d)(1), , 96 Stat. 2440
- 1984Pub. L. 98–557, § 17(g)(1), , 98 Stat. 2869
- 2016Pub. L. 114–120, title III, § 306(b)(2)(A), , 130 Stat. 55.
Show as published
(Mar. 23, 1906, ch. 1130, § 1, 34 Stat. 84; Pub. L. 97–322, title I, § 107(c), , 96 Stat. 1582; Pub. L. 97–449, § 2(d)(1), , 96 Stat. 2440; Pub. L. 98–557, § 17(g)(1), , 98 Stat. 2869; Pub. L. 114–120, title III, § 306(b)(2)(A), , 130 Stat. 55.)