§ 502. Alteration, removal, or repair of bridge or accessory obstructions to navigation

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.

1. 1899

   Pub. L. 55–425 § 18 · 30 Stat. 1121

   Enacted · 33 U.S.C. § 502

   Mar. 3, 1899, ch. 425, § 18, 30 Stat. 1153

   Source evidence

   Code source credit
   Mar. 3, 1899, ch. 425, § 18, 30 Stat. 1153

   Enacted provision · exact public law section
   Sec. 18. That whenever the Secretary of War shall have good reason Obstruction to navigation by bridges. to believe that any railroad or other bridge now constructed, or which FIFTY-FIFTH CONGRESS. Sess. III. Ch. 425. 1899. may hereafter be constructed, over any of the navigable waterways of the United States is an unreasonable obstruction to the free navigation of such waters on account 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 —notice to alter. reasonable opportunity to be heard, to give notice to the persons or corporations 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 recommended by the Chief of Engineers that are required to be made, and shall prescribe in each case a reasonable time in which to make —penalty. them. If at the end of such time the alteration has not been made, the Secretary of War shall forthwith notify the United States district attorney for the district in which such bridge is situated, to the end that the criminal proceedings hereinafter mentioned may be taken. If the persons, corporation, or association owning or controlling any railroad or other bridge shall, after receiving notice to that effect, as hereinbefore required, from the Secretary of War, 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 War in the premises, such persons, corporation, or association shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, and every month such persons, corporation, or association shall remain in default in respect to the removal or alteration of such bridge shall be deemed a new offense, and subject the persons, corporation, or association so offending to the penalties Proviso. —appeal. above prescribed: Provided, That in any case arising under the provisions of this section an appeal or writ of error may be taken from the district courts or from the existing circuit courts direct to the Supreme Court either by the United States or by the defendants.

2. 1982

   Coast Guard Authorization Act of 1982

   Pub. L. 97–322 title I § 108(b) · 96 Stat. 1581

   1. Amended · 33 U.S.C. § 502(a)

      Pub. L. 97–322 designated existing provisions as subsec. (a)

   2. Substituted · 33 U.S.C. § 502(a)

      Pub. L. 97–322 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing

   3. Struck · 33 U.S.C. § 502(a)

      Pub. L. 97–322 struck out “recommended by the Chief of Engineers” after “specify the charges”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–322 designated existing provisions as subsec. (a), substituted “Secretary of Transportation” for “Secretary of War” wherever appearing, and struck out “recommended by the Chief of Engineers” after “specify the charges”.

   Enacted provision · exact public law section
   (b) Section 18 of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, enacted March 3, 1899 (30 Stat. 1153; 33 U.S.C. 502), is amended by inserting “(a)” after “Sec. 18.”, by striking out “Secretary of War” wherever it appears and inserting in lieu thereof “Secretary of Transportation”, by striking out “recommended by the Chief of Engineers”, and by adding at the end thereof the following new subsections: “(b) No owner or operator of any bridge, drawbridge, or causeway shall endanger, unreasonably obstruct, or make hazardous the free navigation of any navigable water of the United States by reason of the failure to keep the bridge, drawbridge, or causeway and any accessory works in proper repair. “(c) Whoever violates any provision of this section, or any order Violation, penalty. issued under this section, shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation 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.”.

3. 1982

   Coast Guard Authorization Act of 1982

   Pub. L. 97–322 title I § 108(b) · 96 Stat. 1581

   Added · 33 U.S.C. § 502(b); 33 U.S.C. § 502(c)

   Pub. L. 97–322 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 97–322 added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (b) Section 18 of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, enacted March 3, 1899 (30 Stat. 1153; 33 U.S.C. 502), is amended by inserting “(a)” after “Sec. 18.”, by striking out “Secretary of War” wherever it appears and inserting in lieu thereof “Secretary of Transportation”, by striking out “recommended by the Chief of Engineers”, and by adding at the end thereof the following new subsections: “(b) No owner or operator of any bridge, drawbridge, or causeway shall endanger, unreasonably obstruct, or make hazardous the free navigation of any navigable water of the United States by reason of the failure to keep the bridge, drawbridge, or causeway and any accessory works in proper repair. “(c) Whoever violates any provision of this section, or any order Violation, penalty. issued under this section, shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation 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.”.

4. 2004

   Pub. L. 108–293 title VI § 601(c) · 118 Stat. 1028

   Substituted · 33 U.S.C. § 502(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 thereafter” for “$1,000”

   Source evidence

   Code amendment note
   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 thereafter” for “$1,000”.

   Enacted provision · exact public law section
   (c) Alteration, Removal, or Repair of Bridges.— Section 18(c) of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved March 3, 1899 (33 U.S.C. 502(c)) is amended by striking “$1,000” and inserting “$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 thereafter”.

5. 2016

   Coast Guard Authorization Act of 2015

   Pub. L. 114–120 title III § 306(b)(1)(B) · 130 Stat. 27

   Substituted · 33 U.S.C. § 502(a); 33 U.S.C. § 502(c)

   Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (c). Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation” wherever appearing.

   Enacted provision · exact public law section
   (B) in section 18 (33 U.S.C. 502), by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”.

7 of 7 references resolved to an enrolled provision