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Title 33 — Navigation and Navigable Waters

Chapter 11 — Bridges Over Navigable Waters

§ 511. Definitions

Statutory text

When used in this subchapter, unless the context 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, municipality, 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 subdivision, or any corporation, association, partnership, 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 lessee, 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 operating.

The term “United States”, when used in a geographical sense, includes the Territories and possessions of the United States.

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. Pub. L. 76–409 § 1 · 54 Stat. 497

    Enacted · 33 U.S.C. § 511

    June 21, 1940, ch. 409, § 1, 54 Stat. 497

    Source evidence

    Code source credit
    June 21, 1940, ch. 409, § 1, 54 Stat. 497

    Enacted provision · exact public law section
    Section 1. definitions When used in this Act, unless the context indicates Alteration of certain bridges, etc. Definitions. 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, used and operated for the purpose of carrying railroad traffic, or both railroad and highway traffic. The term “bridge owner” means any corporation, association, partnership, or individual owning any bridge, and, when any bridge shall be in the possession or under the control of any trustee, receiver, trustee in bankruptcy, or lessee, said term shall include both the owner of the legal title and the person or entity in possession or control of such bridge. The term “bridge owner” shall also mean and include all joint owners, particularly States, counties, municipalities, or other participants in ownership of bridges for both railroad and highway traffic. The term “Secretary” means the Secretary of War acting directly or through the Chief of Engineers. The term “United States”, when used in a geographical sense, includes the Territories and possessions of the United States.

  2. Pub. L. 95–598 title III § 323 · 92 Stat. 2549

    Substituted · 33 U.S.C. § 511

    Pub. L. 95–598 substituted in definition of “bridge owner” the phrase “trustee in a case under title 11” for “trustee in bankruptcy”

    Source evidence

    Code amendment note
    Pub. L. 95–598 substituted in definition of “bridge owner” the phrase “trustee in a case under title 11” for “trustee in bankruptcy”.

    Enacted provision · exact public law section
    Sec. 323. Section 1 of the Act entitled “An Act to provide for the alteration of certain bridges over navigable waters of the United States, for the apportionment of the cost of such alterations between the United States and the owners of such bridges, and for other purposes”, approved June 21, 1940 (54 Stat. 497; 33 U.S.C. 511), is amended by striking out “bankruptcy” and inserting “a case under title 11 of the United States Code” in lieu thereof.

    Effective date note
    Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Dates note preceding section 101 of Title 11, Bankruptcy.

  3. Pub. L. 97–449 § 2(d)(2) · 96 Stat. 2413

    Substituted · 33 U.S.C. § 511

    Pub. L. 97–449 substituted provision that the term “Secretary” means the Secretary of Transportation for provision that it meant the Secretary of War acting directly or through the Chief of Engineers

    Source evidence

    Code amendment note
    Pub. L. 97–449 substituted provision that the term “Secretary” means the Secretary of Transportation for provision that it meant the Secretary of War acting directly or through the Chief of Engineers.

    Enacted provision · exact public law section
    (2) The 5th paragraph of section 1 of the Act of June 21, 1940 (33 U.S.C. 511), is amended to read as follows: “The term ‘Secretary’ means the Secretary of Transportation.”,

  4. Coast Guard Authorization Act of 2015

    Pub. L. 114–120 title III § 306(b)(4)(A) · 130 Stat. 27

    Substituted · 33 U.S.C. § 511

    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 section 1 (33 U.S.C. 511), by striking “Secretary of Transportation” and inserting “Secretary of the department in which the Coast Guard is operating”;

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments1952–2016 · 4 rounds

2016

Pub. L. 114–120 substituted “Secretary of the department 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 Transportation 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 , redefined “bridge” and “bridge owner”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–598 effective , see section 402(a) of Pub. L. 95–598, set out as an Effective Dates note preceding section 101 of Title 11, Bankruptcy.

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 Transportation. 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).

Credits

1940–2016 · 5 acts
  1. 1940June 21, 1940, ch. 409, § 1, 54 Stat. 497
  2. 1952July 16, 1952, ch. 889, § 1, 66 Stat. 732
  3. 1978Pub. L. 95–598, title III, § 323, , 92 Stat. 2679
  4. 1983Pub. L. 97–449, § 2(d)(2), , 96 Stat. 2440
  5. 2016Pub. L. 114–120, title III, § 306(b)(4)(A), , 130 Stat. 55.
Show as published

(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, , 92 Stat. 2679; Pub. L. 97–449, § 2(d)(2), , 96 Stat. 2440; Pub. L. 114–120, title III, § 306(b)(4)(A), , 130 Stat. 55.)

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