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if at the end of the time so specified the changes so required have not been made, the persons owning or controlling such bridge shall be deemed guilty of a violation of said sections; and all such alterations shall be made and all such obstructions shall be removed at the expense of the persons owning or operating said bridge. The persons owning or operating any such bridge shall maintain, at their own expense, such lights and other signals thereon as the Commandant of the Coast Guard shall prescribe. If the bridge shall be constructed with a draw, then the draw shall be opened promptly by the persons owning or operating such bridge upon reasonable signal for the passage of boats and other water craft. If tolls shall be charged for the transit over any bridge constructed under the provisions of said sections, of engines, cars, street cars, wagons, carriages, vehicles, animals, foot passengers, or other passengers, such tolls shall be reasonable and just, and the Secretary of the Army may, at any time, and from time to time, prescribe the reasonable rates of toll for such transit over such bridge, and the rates so prescribed shall be the legal rates and shall be the rates demanded and received for such transit. (Mar. 23, 1906, ch. 1130, § 4, 34 Stat. 85; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, $$ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) * § 495. Failure to comply with regulations; penalty; removal of bridge.
Any persons who shall fail or refuse to comply with the lawful order of the Secretary of the Army or the Chief of Engineers, made in accordance with the provisions of sections 491–498 of this title, shall be deemed guilty of a violation of said sections, and any persons who shall be guilty of a violation of said sections, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such persons shall remain in default shall be deemed a new offense and subject such persons to additional penalties therefor; and in addition to the penalties above described the Secretary of the Army and the Chief of Engineers may, upon refusal of the persons owning or controlling any such bridge and accessory works to comply with any lawful order issued by the Secretary of the Army or Chief of Engineers in regard thereto, cause the removal of ch bridge and accessory works at the expense of the persons owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against such persons, and recovery had for such expense in any court of competent jurisdiction; and the removal of any structures erected or maintained in violation of the provisions of said sections, or the order or direction of the Secretary of the Army or Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon application to the district court in the district in which such structure may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary of the Army; and in case of any litigation arising from any obstruction or alleged obstruction to navigation created by the construction of any bridge under said sections, the cause or question arising may be tried before the district court of the United States in any district which any portion of said obstruction or bridge touches. (Mar. 23, 1906, ch. 1130, § 5, 34 Stat. 85; Mar. 3, 1911, ch. 231, $$ 289, 291, 36 Stat. 1167.) $ 496. Time for commencement and completion of bridge.
Whenever Congress shall by law authorize the construction of any bridge over or across any of the navigable waters of the United States, and no time for the commencement and completion of such bridge is named in said Act, the authority thereby granted shall cease and be null and void unless the actual construction of the bridge authorized in such Act be commenced within one year and completed within three years from the date of the passage of such Act. (Mar. 23, 1906, ch. 1130, § 6, 34 Stat. 86.) $ 497. “Persons" defined.
The word "persons” as used in sections 491–498 of this title, shall be construed to import both the singular and the plural, as the case demands, and shall include municipalities, quasi-municipal corporations, corporations, companies, and associations. (Mar. 23, 1906, ch. 1130, § 7, 34 Stat. 86.)
*49 U.S.C. 1655(g) (4) (A), transferred functions of this section to the Secretary of Transportation.
8 498. Reservation of right to alter or repeal.
The right to alter, amend, or repeal sections 491–498 of this title, is expressly reserved as to any and all bridges which may be built in accordance with the provisions of said sections, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the owner or owners or any other persons interested in any bridge which shall have been constructed in accordance with its provisios. (Mar. 23, 1906, ch. 1130, § 8, 34 Stat. 86.) § 498a. Application of sections 491–497 to bridges authorized prior to June 10,
1930. In the case of bridges authorized, prior to June 10, 1930, by Acts of Congress specifically reserving to Congress the right to subsequently regulate tolls on such bridges, such bridges shall, in respect of the regulation of all tolls, be subject to the provisions of sections 491-497 of this title. (June 10, 1930, ch. 441, § 17, 46 Stat. 552.) * § 498b. Application of sections 491-497 to bridges authorized prior to March 23,
1906. Any bridge authorized, prior to March 23, 1906, by Act of Congress specifically reserving to Congress the right to alter, amend, or repeal such Act, shall, in respect of the regulation of all tolls, be subject to the provisions of sections 491–497 of this title. (June 27, 1930, ch. 640, § 1,46 Stat. 821.) *
ACT OF AUGUST 21, 1935, AS AMENDED, 33 U.S.C., SECS. 503–507* $ 503. Tolls; reasonableness; bridges to which provisions not applicable.
Tolls for passage or transit over any bridge over any of the navigable waters of the United States, if such bridge is used for purposes of travel or transportation in interstate or foreign commerce, shall be just and reasonable; but the provisions of this section and sections 504-507 of this title shall not apply to any bridge subject to the provisions of sections 491_498 of this title, nor to any bridge built under the authority of the legislature of the State across rivers or other waterways the navigable portions of which lie wholly within the limits of a single State, nor to any bridge on which the tolls are prescribed by a contract entered into by or with any State or political subdivision thereof, or any municipality. (Aug. 21, 1935, ch. 597, § 1, 49 Stat. 670.) 8 504. Same; determination of reasonableness by Secretary of the Army; effect
of order prescribing toll. The Secretary of the Army is authorized, either upon complaint or upon his own initiative, to conduct an inquiry at any time for the purpose of determining whether any toll charged for passage or transit over any bridge to which sections 503–507 of this title apply is in violation of the provisions of section 503 of this title, and if he finds, after full opportunity for hearing, that such toll is in violation of such provisions he is authorized and empowered to determine and by order to prescribe what will be the just and reasonable toll to be thereafter charged, and after such order takes effect it shall be unlawful to collect a toll for such passage or transit in excess of that so prescribed. Any such order shall take effect upon the expiration of thirty days after its issuance. (Aug. 21, 1935, ch. 597, § 2, 49 Stat. 671.) 8 505. Same; review of order.
Any order issued under section 504 of this title may be reviewed by the court of appeals for any judicial circuit in which the bridge in question is wholly or partly located, if a petition for such review is filed within three months after the date such order was issued. The judgment of any such court shall be final, except that it shall be subject to review by the Supreme Court of the United States upon certiorari, in the manner provided in section 347 of Title 28. The review by such courts shall be limited to questions
*49 U.S.C., 1655(g) (4) (C), (D), respectively, transferred functions of these sections to the Secretary of Transportation.
*49 U.S.C., 1655(g) (4) (E) transferred functions of the sections to the Secretary of Transportation.
of law, and the findings of fact by the Secretary of the Army, if supported by substantial evidence, shall be conclusive. Upon such review, such courts shall have power to affirm or, if the order is not in accordance with law, to modify or to reverse the order, with or without remanding the case for a rehearing as justice may require. (Aug. 21, 1935, ch. 597, § 3, 49 Stat. 671; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) $ 506. Same; hearings to determine reasonableness; attendance of witnesses;
punishment for failure to attend. In the execution of his functions under sections 504 and 505 of this title and this section the Secretary of the Army, or any officer or employee designated by him, is authorized to hold hearings, examine witnesses, and receive evidence at any place designated by him, and to administer oaths and affirmations, and require by supena the attendance and testimony of witnesses and the production of books, papers, and documents from any place in the United States. In any case disobedience to any such subpena the Secretary of the Army may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents. No person shall be excused from attending and testifying or from producing books, papers, and documents in any inquiry under this section and section 504 of this title, or in obedience to any such subpena, or in any cause or proceeding, criminal or otherwise, based upon or arising under said sections, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, or documents, if in his power to do so, in obedience to a supena or lawful requirement under this section, shall, upon conviction thereof, be punished by a fine of not to exceed $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. (Aug. 21, 1935, ch. 597, § 4, 49 Stat. 671.) 8 507. Same; failure to obey order prescribing toll: punishment.
In any case where there is in effect a toll prescribed by an order issued under section 504 of this title, for passage or transit over any bridge to which this section and sections 503–506 of this title apply, any person who demands or collects a toll for such passage or transit in excess of that so prescribed shall, upon conviction thereof, be punished by a fine of not to exceed $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. (Aug. 21, 1935, ch. 597, § 5, 49 Stat. 672.)
ALTERATION OF BRIDGES, “TRUMAN-HOBBS ACT”
33 U.S.C., secs. 511-524* 8 511. Definitions.
When used in sections 511-523 of this title, 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 in1 So in original. Probably should read "In any case of disobedience
*49 U.S.C., 1655(8) (3) transferred functions of these sections to the Secretary of Transportation.
dividual 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 bankruptcy, 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 Army 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. (June 21, 1940, ch. 409, $1, 54 Stat. 497; July 16, 1952, ch. 889, § 1, 66 Stat. 732.) 8 512. Obstruction of navigation.
No bridge shall at any time unreasonably obstruct the free navigation of any navigable waters of the United States. (June 21, 1940, ch. 409, § 2, 54 Stat. 498.) $513. Notice, hearings, and findings.
Whenever any bridge shall, in the opinion of the Secretary, at any time unreasonably obstruct such navigation, it shall be the duty of the Secretary, after notice to interested parties, to hold a hearing at which the bridge owner, those interested in water navigation thereunder or therethrough, those interested in either railroad or highway traffic thereover, and any other party or parties in interest shall have full opportunity to offer evidence and be heard as to whether any alteration of such bridge is needed, and if so what alterations are needed, having due regard to the necessity of free and unobstructed water navigation and to the necessities of the rail or highway traffic. If, upon such hearing, the Secretary determines that any alterations of such bridge are necessary in order to render navigation through or under it reasonably free, easy, and unobstructed, having due regard also for the necessities of rail or highway traffic thereover, he shall so find and shall issue and cause to be served upon interested parties an order requiring such alterations of such bridge as he finds to be reasonably necessary for the purposes of navigation. (June 21, 1940, ch. 409, § 3, 54 Stat. 498.) 8514. Submission and approval of general plans and specifications.
It shall be the duty of the bridge owner to prepare and submit to the Secretary, within ninety days after service of his order, general plans and specifications to provide for the alteration of such bridge in accordance with such order, and for such additional alteration of such bridge as the bridge owner may desire to meet the necessities of railroad or highway traffic, or both. The Secretary may approve or reject such general plans and specifications, in whole or in part, and may require the submission of new or additional plans and specifications, but when the Secretary shall have approved general plans and specifications, they shall be final and binding upon all parties unless changes therein be afterward approved by the Secretary and the bridge owner. (June 21, 1940, ch. 409, § 4, 54 Stat. 498.) 8515. Contracts for project; guaranty of cost.
After approval of such general plans and specifications by the Secretary, and after notification of such approval, the bridge owner shall, in such manner and within such times as the Secretary may prescribe, take bids for the alteration of such bridge in accordance with such general plans and specifications. All bids, including any bid for all or part of the project submitted by the bridge owner, shall be submitted to the Secretary, together with a recommendation by the bridge owner as to the most competent bid or bids, and at the same time the bridge owner shall submit to the Secretary a written guaranty that the total cost of the project, including the cost of such work as is to be performed by the bridge owner and not included in the work to be performed by contract, shall not exceed the sum stated in said guaranty. The Secretary may direct the bridge owner to reject all bids and to take new bids, or may authorize the bridge owner to proceed with the project, by contract, or partly by contract and partly by the bridge owner, or wholly by the bridge owner. Upon such authorization and fixing of the proportionate shares of the cost as provided in section 516 of this title, the bridge owner shall, within a reasonable time to be prescribed by the Secretary, proceed with the work of alteration; and the cost thereof shall be borne by the United States and by the bridge owner, as provided in sections 516 and 517 of this title: Provided, That where funds have been appropriated for part only
of a project, the bridge owner may take bids for part only of the work. In
At the time the Secretary shall authorize the bridge owner to proceed with the project, as provided in section 515 of this title, and after an opportunity to the bridge owner to be heard thereon, the Secretary shall determine and issue an order specifying the proportionate shares of the total cost of the project to be borne by the United States and by the bridge owner. Such apportionment shall be made on the following basis: The bridge owner shall bear such part of the cost as is attributable to the direct and special benefits which will accrue to the bridge owner as a result of the alteration, including the expectable savings in repair or maintenance costs; and that part of the cost attributable to the requirements of traffic by railroad or highway, or both, including any expenditure for increased carrying capacity of the bridge, and including such proportion of the actual capital cost of the old bridge or of such part of the old bridge as may be altered or changed or rebuilt, as the used seryice life of the whole or a part, as the case may be, bears to the total estimated service life of the whole or such part. Provided, That in the event the alteration or relocation of any bridge may be desirable for the reason that the bridge unreasonably obstructs navigation, but also for some other reason, the Secretary may require equitable contribution from any interested person, firm, association, corporation, municipality, county, or State desiring such alteration or relocation for such other reason, as a condition precedent to the making of an order for such alteration or relocation. The United States shall bear the balance of the cost, including that part attributable to the necessities of navigation: And provided further, That where the bridge owner proceeds with the alteration on a successive partial bid basis the Secretary is authorized to issue an order of apportionment of cost for the entire alteration based on the accepted bid for the first part of the alteration and an estimate of cost for the remainder of the work. The Secretary is authorized to revise the order of apportionment of cost, to the extent he deems reasonable and proper, to meet any changed conditions. (June 21, 1940, ch. 409, § 6, 54 Stat. 499; July 16, 1952, ch. 889, § 2, 66 Stat. 733; Aug. 14, 1958, Pub. L. 85–640, § 1(c), 72 Stat. 595.) $ 517. Payment of share of United States.
Following approval by the Secretary of the general plans and specifications for the alteration of such bridge, the guaranty with respect to the cost thereof, the fixing of the proportionate shares thereof as between the United States and the bridge owner and approval of the commencement of the alteration, the Chief of Engineers may make partial payments as the work progresses to the extent that funds have been appropriated The total payments out of Federal funds shall not exceed the proportionate share of the United States of the total cost of the project paid or incurred by the bridge owner, and, if such total cost exceeds the cost guaranteed by the bridge owner, shall not exceed the proportionate share of the United States of such guaranteed cost, except that if the cost of the work exceeds the guaranteed cost by reason of emergencies, conditions beyond the control of the owner, or unforeseen or undetermined conditions, the Secretary may, after full review of all the circumstances, provide for additional payments by the United States to help defray such excess cost to the extent he deems to be reasonable and proper, and shall certify such additional payments to the Secretary of the Treasury for payment. All payments to any bridge owner herein provided for shall be made by the Secretary of the Treasury through the Fiscal Service upon certifications of the Secretary of the Army. (June 21, 1940, ch. 409, § 7, 54 Stat. 499; 1940 Reorg. Plan No. III, § 1(a) (1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Aug. 14, 1958, Pub. L. 85-640, § 1(d), 72 Stat. 596.) $ 518. Appropriations.
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 511-523 of this title. (June 21, 1940, ch. 409, $ 8, 54 Stat. 500.)