Title 33 — Navigation and Navigable Waters
Chapter 11 — Bridges Over Navigable Waters
§ 525. Construction and operation of bridges
Statutory text
Consent of Congress
The consent of Congress is granted for the construction, maintenance, and operation of bridges and approaches thereto over the navigable waters of the United States, in accordance with the provisions of this subchapter.
Approval of plans
The location and plans for such bridges shall be approved by the Secretary of the department in which the Coast Guard is operating before construction is commenced, and, in approving the location and plans of any bridge, the Secretary may impose any specific conditions relating to the maintenance and operation of the structure which the Secretary may deem necessary in the interest of public navigation, and the conditions so imposed shall have the force of law. This subsection 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.
Private highway toll bridges
Notwithstanding the provisions of subsections (a) and (b), it shall be unlawful to construct or commence the construction of any privately owned highway toll bridge until the location and plans thereof shall also have been submitted to and approved by the highway department or departments of the State or States in which the bridge and its approaches are situated; and where such bridge shall be between two or more States and the highway departments thereof shall be unable to agree upon the location and plans therefor, or if they, or either of them, shall fail or refuse to act upon the location and plans submitted, such location and plans then shall be submitted to the Secretary of Transportation and, if approved by the Secretary of Transportation, approval by the highway departments shall not be required.
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.
“Legislative Reorganization Act of 1946”
Pub. L. 79–753 · 60 Stat. 812
Enacted · 33 U.S.C. § 525
Aug. 2, 1946, ch. 753, title V, § 502, 60 Stat. 847
Source evidence
Code source credit
Aug. 2, 1946, ch. 753, title V, § 502, 60 Stat. 847Coast Guard Authorization Act of 1982
Pub. L. 97–322 title I § 107(a) · 96 Stat. 1581
Inserted · 33 U.S.C. § 525(b)
Pub. L. 97–322 inserted exemption provision at end
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–322 inserted exemption provision at end.Enacted provision · exact public law section
(a) Section 502(b) of the General Bridge Act of 1946 (33 U.S.C. 525(b)) is amended by adding at the end thereof the following: “This subsection 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. § 525(b)
Pub. L. 97–449, § 2(d)(1), substituted “Secretary of Transportation” for “Secretary of War”. See Transfer of Functions note below
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–449, § 2(d)(1), 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”.Pub. L. 97–449 § 2(d)(3) · 96 Stat. 2413
Substituted · 33 U.S.C. § 525(c)
Pub. L. 97–449, § 2(d)(3), substituted “Secretary of Transportation” for “Public Roads Administration” wherever appearing. See Transfer of Functions note below
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–449, § 2(d)(3), substituted “Secretary of Transportation” for “Public Roads Administration” wherever appearing. See Transfer of Functions note below.Enacted provision · exact public law section
(3) Section 502(c) of the General Bridge Act of 1946 (33 U.S.C. 525(c)) is amended further by striking out the words “Public Roads Administration” and substituting “Secretary of Transportation”.Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 17(g)(2) · 98 Stat. 2860
Struck · 33 U.S.C. § 525(b)
Pub. L. 98–557 struck out “the Chief of Engineers and” before “the Secretary of Transportation”
Substituted · 33 U.S.C. § 525(b)
Pub. L. 98–557 substituted “the Secretary” for “they” wherever appearing
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–557 struck out “the Chief of Engineers and” before “the Secretary of Transportation” and substituted “the Secretary” for “they” wherever appearing.Enacted provision · exact public law section
(2) Section 502(b) of the General Bridge Act of 1946 (33 U.S.C. 525(b)) is amended— (A) by striking “the Chief of Engineers and”; and (B) by striking “they” both places it appears and inserting in lieu thereof “the Secretary”.Coast Guard Authorization Act of 2015
Pub. L. 114–120 title III § 306(b)(5)(A) · 130 Stat. 27
Substituted · 33 U.S.C. § 525(b)
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
Subsec. (b). 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 502(b) (33 U.S.C. 525(b)), by striking “Secretary of Transportation” and inserting “Secretary of the department in which the Coast Guard is operating”; and
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1982–2016 · 4 rounds
2016
Subsec. (b). Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation”.
1984
Subsec. (b). Pub. L. 98–557 struck out “the Chief of Engineers and” before “the Secretary of Transportation” and substituted “the Secretary” for “they” wherever appearing.
1983
Subsec. (b). Pub. L. 97–449, § 2(d)(1), substituted “Secretary of Transportation” for “Secretary of War”. See Transfer of Functions note below.
Subsec. (c). Pub. L. 97–449, § 2(d)(3), substituted “Secretary of Transportation” for “Public Roads Administration” wherever appearing. See Transfer of Functions note below.
1982
Subsec. (b). Pub. L. 97–322 inserted exemption provision at end.
Statutory Notes and Related Subsidiaries
Short Title
Section 501 of title V of act , provided that: “This title [enacting this subchapter] may be cited as the ‘General Bridge Act of 1946’.”
Reservation of Right To Alter, Amend, or Repeal
Section 511 of title V of act , provided that: “The right to alter, amend, or repeal this title [this subchapter] is hereby expressly reserved as to any and all bridges which may be built under authority hereof.”
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 section 6(g)(6)(C) of Pub. L. 89–670. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(6)(C) of Pub. L. 89–670, and repealed section 6(g)(6)(C).
Functions of Public Roads Administration transferred to Bureau of Public Roads within General Services Administration by section 103(a) of act . See Historical and Revision Notes under section 303(b) of Title 40, Public Buildings, Property, and Works. Section 303(b) of Title 40 was amended generally by Pub. L. 109–313, § 2(a)(1), , 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See 2006 Amendment note under section 303 of Title 40.
Functions, powers, and duties of Secretary of Commerce and other offices and officers of Department of Commerce under subsec. (c) of this section relating generally to highways transferred to and vested in Secretary of Transportation by section 6(g)(6)(C) of Pub. L. 89–670. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(6)(C) of Pub. L. 89–670, and repealed section 6(g)(6)(C).
Executive Documents
Transfer of Functions
Bureau of Public Roads within General Services Administration transferred to Department of Commerce by section 1 of Reorg. Plan No. 7 of 1949.
For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
Credits
1946–2016 · 7 acts
- 1946Aug. 2, 1946, ch. 753, title V, § 502, 60 Stat. 847
- 1949June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380
- 19491949 Reorg. Plan No. 7, § 1, eff. , 14 F.R. 5288, 63 Stat. 1070
- 1982Pub. L. 97–322, title I, § 107(a), , 96 Stat. 1582
- 1983Pub. L. 97–449, § 2(d)(1), (3), , 96 Stat. 2440
- 1984Pub. L. 98–557, § 17(g)(2), , 98 Stat. 2869
- 2016Pub. L. 114–120, title III, § 306(b)(5)(A), , 130 Stat. 55.
Show as published
(Aug. 2, 1946, ch. 753, title V, § 502, 60 Stat. 847; June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380; 1949 Reorg. Plan No. 7, § 1, eff. , 14 F.R. 5288, 63 Stat. 1070; Pub. L. 97–322, title I, § 107(a), , 96 Stat. 1582; Pub. L. 97–449, § 2(d)(1), (3), , 96 Stat. 2440; Pub. L. 98–557, § 17(g)(2), , 98 Stat. 2869; Pub. L. 114–120, title III, § 306(b)(5)(A), , 130 Stat. 55.)