suitable rules and regulations governing the navigation, movement, and anchorage of vessels of whatsoever character in the waters of Pearl Harbor, island of Oahu, Hawaiian Islands, and in the entrance channel to said harbor, and to take all necessary measures for the proper enforcement of such rules and regulations. (Aug. 22, 1912, ch. 335, 37 Stat. 341.) CODIFICATION Section is from the Naval Appropriation Act for 1913. ADMISSION OF HAWAII AS STATE Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions. § 476. Restrictions on tanker traffic in Puget Sound and adjacent waters (a) The Congress finds that (1) the navigable waters of Puget Sound in the State of Washington, and the natural resources therein, are a fragile and important national asset; (2) Puget Sound and the shore area immediately adjacent thereto is threatened by increased domestic and international traffic of tankers carrying crude oil in bulk which increases the possibility of vessel collisions and oil spills; and (3) it is necessary to restrict such tanker traffic in Puget Sound in order to protect the navigable waters thereof, the natural resources therein, and the shore area immediately adjacent thereto, from environmental harm. (b) Notwithstanding any other provision of law, on and after October 18, 1977, no officer, employee, or other official of the Federal Government shall, or shall have authority to, issue, renew, grant, or otherwise approve any permit, license, or other authority for constructing, renovating, modifying, or otherwise altering a terminal, dock, or other facility in, on, or immediately adjacent to, or affecting the navigable waters of Puget Sound, or any other navigable waters in the State of Washington east of Port Angeles, which will or may result in any increase in the volume of crude oil capable of being handled at any such facility (measured as of October 18, 1977), other than oil to be refined for consumption in the State of Washington. (Pub. L. 95-136, § 5, Oct. 18, 1977, 91 Stat. 1168.) CHAPTER 11-BRIDGES OVER NAVIGABLE Sec. 493. 494. 495. 496. 497. 498. Use of railroad bridges by other railroad companies. Obstruction of navigation; alterations and removals; lights and signals; draws. Violations of orders respecting bridges and accessory works. (a) Criminal penalties for violation; misdemeanor; fine; new offenses; jurisdiction: suits for recovery of remov al expenses, enforcement of removal, and obstruction-to-navigation causes or questions. (b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions. Time for commencement and completion of bridge. "Persons" defined. Reservation of right to alter or repeal. 498a, 498b. Repealed. (c) Construction, reconstruction, or alteration of bridges not begun on July 1, 1939. Applicability of administrative procedure provisions. 534. 535. (a) Criminal penalties for violation. Conveyance of right, title, and interest of SUBCHAPTER IV-INTERNATIONAL BRIDGES 535a. 535b. 535c. 535d. 535e. 535f. 535g. 535h. 535i. Secretary of Transportation's approval; com- Repealed. (a) Sale, assignment, or transfer; Secre- Applicability of provisions. Federal navigable waters and commerce ju- Report of Secretary of Transportation's ap- Reservation of right to alter or repeal. § 491. Approval of and deviation from plans; exemptions When, after March 23, 1906, authority is granted by Congress to any persons to construct and maintain a bridge across or over any of the navigable waters of the United States, such bridge shall not be built or commenced until the plans and specifications for its construction, together with such drawings of the proposed construction and such map of the proposed location as may be required for a full understanding of the subject, have been submitted to the Secretary of Transportation for the Secretary's approval, nor until the Secretary shall have approved such plans and specifications and the location of such bridge and accessory works; and when the plans for any bridge to be constructed under the provisions of sections 491 to 498 of this title, have been ap proved by the Secretary it shall not be lawful to deviate from such plans, either before or after completion of the structure, unless the modification of such plans has previously been submitted to and received the approval of the Secretary. This section 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 com merce. (Mar. 23, 1906, ch. 1130, § 1, 34 Stat. 84; Oct. 15, 1982, Pub. L. 97-322, title I, § 107(c), 96 Stat. 1582; Jan. 12, 1983, Pub. L. 97-449, § 2(d)(1), 96 Stat. 2440; Oct. 30, 1984, Pub. L. 98-557, § 17(g)(1), 98 Stat. 2869.) AMENDMENTS 1984-Pub. L. 98-557 substituted "for the Secretary's approval, nor until the Secretary" for "and Chief of Engineers for their approval, nor until they" and struck out "by the Chief of Engineers and" after "have been approved", "of the Chief of Engineers and" after "received the approval", and "of Transportation" after "by the Secretary” and after "of the Secretary". 1983-Pub. L. 97-449 substituted "Secretary of Transportation" for "Secretary of War" wherever appearing. See Transfer of Functions note below. 1982-Pub. L. 97-322 inserted sentence at end relating to exemption. SHORT TITLE Sections 491 to 498 of this title are popularly known as the "Bridge Act of 1906" and the "General Bridge Act of 1906". 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 Pub. L. 89-670, § 6(g)(6)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89-670, and repealed section 6(g)(6)(B). CROSS REFERENCES Construction of bridges, causeways, dams or dikes generally, see section 401 of this title. Criminal liability for failure to alter bridge obstructing navigation, see section 502 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 492, 493, 494, 495, 497, 498, 508, 530, 535, 535c of this title. § 492. Bridge as post route; limitation as to charges against Government; telegraph and telephone lines Any bridge built in accordance with the provisions of sections 491 to 498 of this title, shall be a lawful structure and shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over any railroad, street railway, or public highway leading to said bridge; and the United States shall have the right to construct, maintain, and repair, without any charge therefor, telegraph and telephone lines across and upon said bridge and its approaches; and equal privileges in the use of said bridge and its approaches shall be granted to all telegraph and telephone companies. (Mar. 23, 1906, ch. 1130, § 2, 34 Stat. 85.) CROSS REFERENCES Government traffic and personnel subject to tollsGolden Gate Bridge, see sections 1002 to 1004 of Title 15, Commerce and Trade. San Francisco to Oakland Bay Bridge, see sections 1005 to 1007 of Title 15. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 493, 494, 495, 497, 498, 508, 530, 535 of this title. § 493. Use of railroad bridges by other railroad companies All railroad companies desiring the use of any railroad bridge built in accordance with the provisions of sections 491 to 498 of this title, shall be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment of a reasonable compensation for such use; and in case of any disagreement between the parties in regard to the terms of such use or the sums to be paid all matters at issue shall be determined by the Secretary of Transportation upon hearing the allegations and proofs submitted to him. (Mar. 23, 1906, ch. 1130, § 3, 34 Stat. 85; Jan. 12, 1983, Pub. L. 97-449, § 2(d)(1), 96 Stat. 2440.) AMENDMENTS 1983-Pub. L. 97-449 substituted "Secretary of Transportation" for "Secretary of War". See Transfer of Functions note below. 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 Pub. L. 89-670, § 6(g)(6)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89-670, and repealed section 6(g)(6)(B). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 494, 495, 497, 498, 508, 530, 535 of this title. § 494. Obstruction of navigation; alterations and removals; lights and signals; draws No bridge erected or maintained under the provisions of sections 491 to 498 of this title, shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed, and if any bridge erected in accordance with the provisions of said sections, shall, in the opinion of the Secretary of Transportation at any time unreasonably obstruct such navigation, either on account of insuffi cient height, width of span, or otherwise, or if there be difficulty in passing the draw opening or the drawspan of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the Secretary of Transportation after giving the parties interested reasonable opportunity to be heard, to notify the persons owning or controlling such bridge to so alter the same as to render navigation through or under it reasonably free, easy, and unobstructed, stating in such notice the changes required to be made, and prescribing in each case a reasonable time in which to make such changes, and 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. (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; Jan. 12, 1983, Pub. L. 97-449, § 2(d)(1), 96 Stat. 2440; Apr. 2, 1987, Pub. L. 100-17, title I, § 135(a), 101 Stat. 173.) PRIOR PROVISIONS Act July 5, 1884, ch. 229, § 8, 23 Stat. 148, relating to authority of Secretary of War to require owners of bridges which obstruct navigation to relieve the situation or be penalized, was probably omitted from the Code as superseded by this section and section 495 of this title, which by section 498b of this title were made applicable to bridges authorized prior to March 23, 1906. Section would seem to supersede a provision of act Aug. 7, 1882, ch. 433, § 1, 22 Stat. 309, which read as follows: "That all parties owning, occupying, or operating bridges over any navigable river shall maintain at their own expense, from sunset to sunrise, throughout the year, such lights on their bridges as may be required by the Light-House Board for the security of navigation: and in addition thereto all persons owning, occupying, or operating any bridge over any navigable river shall, in any event, maintain all lights on their bridge that may be necessary for the security of navigation." AMENDMENTS 1987-Pub. L. 100-17 struck out last sentence relating to tolls. 1983-Pub. L. 97-449 substituted "Secretary of Transportation" for "Secretary of War" wherever appearing. See Transfer of Functions note below. 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] relating to reasonableness of tolls and to location and clearances of bridges and causeways in navigable waters of United States under this section transferred to and vested in Secretary of Transportation by section 6(g)(4)(A), (6)(B) of Pub. L. 89-670. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(4)(A), (6)(B) of Pub. L. 89-670, and repealed section 6(g)(4)(A), (6)(B). Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14, Coast Guard. "Commandant of the Coast Guard" substituted in text for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, §§ 101 to 104, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Commerce and Labor redesignated Secretary of Labor by act Mar. 4, 1913, which enacted Department of Labor. CONNECTICUT RIVER BRIDGES Acts Aug. 7, 1939, ch. 503, 53 Stat. 1234, and Apr. 24, 1946, ch. 214, 60 Stat. 122, were amended by act Aug. 9, 1955, ch. 631, 69 Stat. 552, to provide that the last sentence of this section should not be applicable to bridges constructed pursuant to acts Aug. 7, 1939 and Apr. 24, 1946. CROSS REFERENCES Section inapplicable to any bridge to which provisions of sections 511 to 523 of this title are applicable, see section 522 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 493, 495, 497, 498, 508, 522, 530, 535 of this title. § 495. Violations of orders respecting bridges and accessory works (a) Criminal penalties for violation; misdemeanor; fine; new offenses; jurisdiction: suits for recovery of removal expenses, enforcement of removal, and obstruction-to-navigation causes or questions Any persons who shall willfully fail or refuse to comply with the lawful order of the Secretary of Transportation or the Chief of Engineers, made in accordance with the provisions of sections 491 to 498 of this title, 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 Transportation 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 Transportation or Chief of Engineers in regard thereto, cause the removal of such 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 Transportation 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 Transportation; 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. (b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of sections 491 to 498 of this title, or any order issued under sections 491 to 498 of this title, 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. (Mar. 23, 1906, ch. 1130, § 5, 34 Stat. 85; Mar. 3, 1911, ch. 231, §§ 289, 291, 36 Stat. 1167; Oct. 15, 1982, Pub. L. 97-322, title I, § 108(c), 96 Stat. 1584; Jan. 12, 1983, Pub. L. 97-449, § 2(d)(1), 96 Stat. 2440.) CODIFICATION The words "district court" were substituted for "circuit court," upon incorporation into the Code, the Circuit Courts being abolished by act Mar. 3, 1911, and their powers and duties transferred to the district courts by section 291 of that act. AMENDMENTS 1983-Subsec. (a). Pub. L. 97-449 substituted "Secretary of Transportation" for "Secretary of War" wherever appearing. See Transfer of Functions note below. 1982-Subsec. (a). Pub. L. 97-322, § 108(c)(1)-(3), designated existing provisions as subsec. (a), provided for punishment of persons who shall "willfully" fail to comply with lawful orders, and struck out "shall be deemed guilty of a violation of said sections, and any persons who shall be guilty of a violation of said sections" after "sections 491 to 498 of this title.". Subsec. (b). Pub. L. 97-322, § 108(c)(4), added subsec. (b). TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department 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 Pub. L. 89-670, § 6(g)(6)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89-670, and repealed section 6(g)(6)(B). FEDERAL RULES OF CIVIL PROCEDURE Abolition of writ of mandamus, see Rule 81(b), Title 28, Appendix, Judiciary and Judicial Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 493, 494, 497, 498, 508, 530, 535 of this title. § 496. Time for commencement and completion of bridge Whenever Congress shall after March 23, 1906, 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.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 493, 494, 495, 497, 498, 508, 530, 535 of this title. § 497. "Persons" defined The word "persons" as used in sections 491 to 498 of this title, shall be construed to import both the singular and the plural, as the case demands, and shall include municipalities, quasimunicipal corporations, corporations, companies, and associations. (Mar. 23, 1906, ch. 1130, § 7, 34 Stat. 86.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 493, 494, 495, 498, 508, 530, 535 of this title. § 498. Reservation of right to alter or repeal The right to alter, amend, or repeal sections 491 to 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 provisions. (Mar. 23, 1906, ch. 1130, § 8, 34 Stat. 86.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 493, 494, 495, 497, 508, 530, 535 of this title. § 498a. Repealed. Pub. L. 100–17, title I, § 135(b), Apr. 2, 1987, 101 Stat. 174 Section, act June 10, 1930, ch. 441, § 17, 46 Stat. 552, provided that, in the case of bridges authorized prior to June 10, 1930, by Acts of Congress, where Congress has specifically reserved the right to regulate tolls, such bridges, with respect to regulation of all tolls, be subject to sections 491 to 498 of this title. § 498b. Repealed. Pub. L. 100–17, title I, § 135(c), Apr. 2, 1987, 101 Stat. 174 Section, act June 27, 1930, ch. 640, § 1, 46 Stat. 821, provided that, in case of any bridge authorized prior to Mar. 23, 1906, by Act of Congress, where Congress has specifically reserved the right to alter, amend, or repeal such Act, regulation of all tolls be subject to sections 491 to 498 of this title. § 499. Regulations for drawbridges (a) Criminal penalties for violations; enforcement; rules and regulations It shall be the duty of all persons owning, operating, and tending the drawbridges built prior to August 18, 1894, or which may thereafter be built across the navigable rivers and other waters of the United States, to open, or cause to be opened, the draws of such bridges under such rules and regulations as in the opinion of the Secretary of Transportation the public interests require to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law. Every such person who shall willfully fail or refuse to open, or cause to be opened, the draw of any such bridge for the passage of a boat or boats, as provided in such regulations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $2,000 nor less than $1,000, or by imprisonment (in the case of a natural person) for not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this subsection may be commenced before any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States: Provided further, That whenever, in the opinion of the Secretary of Transportation, the public interests require it, he may make rules and regulations to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law, and any willful violation thereof shall be punished as hereinbefore provided: Provided further, That any regulations made in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations. Any rules and regulations made in pursuance of this section shall, to the extent practical and feasible, provide for regularly scheduled |