Title 33 — Navigation and Navigable Waters
Chapter 11 — Bridges Over Navigable Waters
§ 523. Relocation of bridges
Statutory text
If the owner of any bridge and the Secretary shall agree that in order to remove an obstruction to navigation, or for any other purpose, a relocation of such bridge or the construction of a new bridge upon a new location would be preferable to an alteration of the existing bridge, such relocation or new construction may be carried out at such new site and upon such terms as may be acceptable to the bridge owner and the Secretary, and the cost of such relocation or new construction, including also any expense of changes in and additions to rights-of-way, stations, tracks, spurs, sidings, switches, signals, and other railroad facilities and property, and relocation of shippers required for railroad connection with the bridge at the new site, shall be apportioned as between the bridge owner and the United States in the manner which is provided for in section 516 of this title in the case of an alteration and the share of the United States paid from the appropriation authorized in section 518 of this title: Provided, That nothing in this section shall be construed as requiring the United States to pay any part of the expense of building any bridge across a navigable stream which the Secretary of the department in which the Coast Guard is operating shall not find to be, in fact, a relocation of an existing bridge.
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. 76–409 § 13 · 54 Stat. 497
Enacted · 33 U.S.C. § 523
June 21, 1940, ch. 409, § 13, 54 Stat. 502
Source evidence
Code source credit
June 21, 1940, ch. 409, § 13, 54 Stat. 502Enacted provision · exact public law section
Sec. 13. relocation of bridges If the owner of any bridge used for railroad traffic and the Secretary shall agree that in order to remove an obstruction to navigation, or for any other purpose, a relocation of such bridge or the construction of a new bridge upon a new location would be preferable to an alteration of the existing bridge, such relocation or new construction may be carried out at such new site and upon such terms Apportionment of cost. as may be acceptable to the bridge owner and the Secretary, and the cost of such relocation or new construction, including also any expense of changes in and additions to rights-of-way, stations, tracks, spurs, sidings, switches, signals, and other railroad facilities and property, and relocation of shippers required for railroad connection with the bridge at the new site, shall be apportioned as between the bridge owner and the United States in the manner which is provided for in section 6 hereof in the case of an alteration and the share of the United States paid from the appropriation authorized in section 8 Proviso. Restriction on payments by U. S. hereof: Provided, That nothing in this section shall be construed as requiring the United States to pay any part of the expense of building any bridge across a navigable stream which the Secretary of War shall not find to be, in fact, a relocation of an existing bridge.Pub. L. 97–449 § 2(d)(1) · 96 Stat. 2413
Substituted · 33 U.S.C. § 523
Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War”. See Transfer of Functions note below
Source evidence
Code amendment note
Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War”. 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 2015
Pub. L. 114–120 title III § 306(b)(4)(D) · 130 Stat. 27
Substituted · 33 U.S.C. § 523
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
(D) in section 13 (33 U.S.C. 523), by striking “Secretary of Transportation” and inserting “Secretary of the department in which the Coast Guard is operating”.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments1952–2016 · 3 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 “Secretary of Transportation” for “Secretary of War”. See Transfer of Functions note below.
1952
Act , struck out “used for railroad traffic” after “owner of any bridge”.
Statutory Notes and Related Subsidiaries
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 · 4 acts
- 1940June 21, 1940, ch. 409, § 13, 54 Stat. 502
- 1952July 16, 1952, ch. 889, § 4, 66 Stat. 733
- 1983Pub. L. 97–449, § 2(d)(1), , 96 Stat. 2440
- 2016Pub. L. 114–120, title III, § 306(b)(4)(D), , 130 Stat. 55.
Show as published
(June 21, 1940, ch. 409, § 13, 54 Stat. 502; July 16, 1952, ch. 889, § 4, 66 Stat. 733; Pub. L. 97–449, § 2(d)(1), , 96 Stat. 2440; Pub. L. 114–120, title III, § 306(b)(4)(D), , 130 Stat. 55.)