dreamproit/uscode huggingface dataset:
33 U.S.C. § 467k to 467m (NAVIGATION AND NAVIGABLE WATERS)
§§ 467k to 467m. Repealed. Pub. L. 104–303, title II, § 215(c)(2), Oct. 12, 1996, 110 Stat. 3685
text: Section 467k, Pub. L. 92–367, § 12, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4262; amended Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102–580, title II, § 209(c), Oct. 31, 1992, 106 Stat. 4830, related to development of improved dam inspection techniques.
text: Section 467l, Pub. L. 92–367, § 13, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4262; amended Pub. L. 102–580, title II, § 209(d), Oct. 31, 1992, 106 Stat. 4830, related to dam inventory updates.
text: Section 467m, Pub. L. 92–367, § 14, as added Pub. L. 99–662, title XII, § 1201(b), Nov. 17, 1986, 100 Stat. 4263, provided that inspection funds were not to be used for repair or construction of any dam.
33 U.S.C. § 467n (NAVIGATION AND NAVIGABLE WATERS)
§ 467n. Recovery of dam modification costs required for safety purposes
(a) After November 17, 1986, costs incurred in the modification by the Secretary of dams and related facilities constructed or operated by the Secretary, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art design or construction criteria deemed necessary for safety purposes, shall be recovered in accordance with the provisions in this subsection:
(1) Fifteen percent of the modification costs shall be assigned to project purposes in accordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs assigned to each purpose in accord with the cost sharing in effect at the time of initial project construction: Provided, That the Secretary of the Interior shall recover costs assigned to irrigation in accordance with repayment provisions of Public Law 98–404.
(2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. The interest rate used shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. To the extent that more than one interest rate is determined pursuant to the preceding sentence, the Secretary of the Treasury shall establish an interest rate at the weighted average of the rates so determined.
(b) Nothing in this section affects the authority of the Secretary to perform work pursuant to Public Law 84–99, as amended (33 U.S.C. 701n) or cost sharing for such work.
(Pub. L. 99–662, title XII, § 1203, Nov. 17, 1986, 100 Stat. 4263.)
heading: References in Text
text: Public Law 98–404, referred to in subsec. (a)(1), is Pub. L. 98–404, Aug. 28, 1984, 98 Stat. 1481, known as The Reclamation Safety of Dams Act Amendments of 1984, which amended sections 508 and 509 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 506 of Title 43 and Tables.
Public Law 84–99, referred to in subsec. (b), is act June 28, 1955, ch. 194, 69 Stat. 186, which amended section 701n of this title.
heading: Codification
text: Section was enacted as part of the Dam Safety Act of 1986, and also as part of the Water Resources Development Act of 1986, and not as part of the National Dam Safety Program Act which comprises this subchapter.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2201 of this title.
33 U.S.C. § 472 (NAVIGATION AND NAVIGABLE WATERS)
§ 472. Marking anchorage grounds by Commandant of the Coast Guard
The Commandant of the Coast Guard shall provide, establish, and maintain, out of the annual appropriations for the Coast Guard, buoys or other suitable marks for marking anchorage grounds for vessels in waters of the United States, when such anchorage grounds have been defined and established by proper authority in accordance with the laws of the United States.
(Sept. 15, 1922, ch. 313, 42 Stat. 844; 1939 Reorg. Plan No. II, § 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432.)
heading: Transfer of Functions
text: “Commandant of the Coast Guard” and “Coast Guard” substituted in text for “Commissioner of Lighthouses” and “Lighthouse Service”, respectively, on authority of Reorg. Plan No. II of 1939, § 2(a), set out in the Appendix to Title 5, Government Organization and Employees, which transferred and consolidated the Bureau of Lighthouses (of which the Lighthouse Service was a part and of which the Commissioner of Lighthouses was the head) and its functions with the Coast Guard (of which the Commandant was the Chief).
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.
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 the Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
33 U.S.C. § 473 (NAVIGATION AND NAVIGABLE WATERS)
§ 473. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 637
text: Section, act Mar. 2, 1895, ch. 172, § 2, 28 Stat. 740, provided that the powers and authority conferred upon the harbor master, District of Columbia, may in his absence or disability be exercised by the pilot of the harbor police boat.
33 U.S.C. § 475 (NAVIGATION AND NAVIGABLE WATERS)
§ 475. Regulations for Pearl Harbor, Hawaii
For the proper control, protection, and defense of the naval station, harbor, and entrance channel at Pearl Harbor, Territory of Hawaii, the Secretary of the Navy is authorized, empowered, and directed to adopt and prescribe 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.)
heading: Codification
text: Section is from the Naval Appropriation Act for 1913.
heading: Admission of Hawaii as State
text: 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.
33 U.S.C. § 476 (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
33 U.S.C. § 491 (NAVIGATION AND NAVIGABLE WATERS)
§ 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 494 and 495 to 498 of this title, have been approved 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 commerce.
(Mar. 23, 1906, ch. 1130, § 1, 34 Stat. 84; Pub. L. 97–322, title I, § 107(c), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 98–557, § 17(g)(1), Oct. 30, 1984, 98 Stat. 2869.)
heading: Amendments
text: 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.
heading: Short Title
text: Sections 491 to 494 and 495 to 498 of this title are popularly known as the “Bridge Act of 1906” and the “General Bridge Act of 1906”.
heading: Transfer of Functions
text: 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).
33 U.S.C. § 492 (NAVIGATION AND NAVIGABLE WATERS)
§ 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 494 and 495 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.)
33 U.S.C. § 493 (NAVIGATION AND NAVIGABLE WATERS)
§ 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 494 and 495 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; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)
heading: Amendments
text: 1983—Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War”. See Transfer of Functions note below.
heading: Transfer of Functions
text: 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).
33 U.S.C. § 494a (NAVIGATION AND NAVIGABLE WATERS)
§ 494a. Study of bridges over navigable waters
The Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive study on the construction or alteration of any bridge, drawbridge, or causeway over the navigable waters of the United States with a channel depth of 25 feet or greater that may impede or obstruct future navigation to or from port facilities and for which a permit under the Act of March 23, 1906 (33 U.S.C. 491 et seq.), popularly known as the Bridge Act of 1906, was requested during the period beginning on January 1, 2006, and ending on August 3, 2011.
(Pub. L. 111–281, title IX, § 905, Oct. 15, 2010, 124 Stat. 3012; Pub. L. 112–213, title VII, § 702(a), Dec. 20, 2012, 126 Stat. 1580.)
heading: References in Text
text: Act of March 23, 1906 (33 U.S.C. 491 et seq.), popularly known as the Bridge Act of 1906, referred to in text, is act Mar. 23, 1906, ch. 1130, 34 Stat. 84, which enacted sections 491 to 494 and 495 to 498 of this title. For complete classification of this Act of the Code, see Short Title note set out under section 491 of this title and Tables.
heading: Amendments
text: 2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: “The Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive study on the proposed construction or alteration of any bridge, drawbridge, or causeway over navigable waters with a channel depth of 25 feet or greater of the United States that may impede or obstruct future navigation to or from port facilities.”
33 U.S.C. § 496 (NAVIGATION AND NAVIGABLE WATERS)
§ 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.)
33 U.S.C. § 497 (NAVIGATION AND NAVIGABLE WATERS)
§ 497. “Persons” defined
The word “persons” as used in sections 491 to 494 and 495 to 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.)
33 U.S.C. § 498 (NAVIGATION AND NAVIGABLE WATERS)
§ 498. Reservation of right to alter or repeal
The right to alter, amend, or repeal sections 491 to 494 and 495 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.)
33 U.S.C. § 498a (NAVIGATION AND NAVIGABLE WATERS)
§ 498a. Repealed. Pub. L. 100–17, title I, § 135(b), Apr. 2, 1987, 101 Stat. 174
text: 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 494 and 495 to 498 of this title.
33 U.S.C. § 498b (NAVIGATION AND NAVIGABLE WATERS)
§ 498b. Repealed. Pub. L. 100–17, title I, § 135(c), Apr. 2, 1987, 101 Stat. 174
text: 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 494 and 495 to 498 of this title.
33 U.S.C. § 500 (NAVIGATION AND NAVIGABLE WATERS)
§ 500. Deflection of current; liability to riparian owners
Whenever complaint shall be made to the Secretary of the Army that by reason of the placing in any navigable waters of the United States of any bridge pier or abutment, the current of such waters has been so deflected from its natural course as to cause by producing caving of banks or otherwise serious damage or danger to property, it shall be his duty to make inquiry, and if it shall be ascertained that the complaint is well founded, he shall cause the owners or persons operating such bridge to repair such damage or prevent such danger to property by such means as he shall indicate and within such time as he may name, and in default thereof the owners or persons operating such bridge shall be liable in any court of competent jurisdiction to the persons injured in a sum double the amount of said injury: Provided, however, That nothing herein contained shall be construed so as to affect any rights of action which may have existed prior to August 11, 1888.
(Aug. 11, 1888, ch. 860, § 2, 25 Stat. 423; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat 501.)
heading: Codification
text: Section was from the River and Harbor Appropriation Act of 1888.
heading: Change of Name
text: Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
heading: Transfer of Functions
text: Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under sections 491 to 494 and 495 to 498 of this title 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. 931. Pub. L. 97–449 amended sections 491 to 494 and 495 to 498 of this title to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89–670, and repealed section 6(g)(6)(B).
33 U.S.C. § 503 to 507 (NAVIGATION AND NAVIGABLE WATERS)
§ 503 to 507. Repealed. Pub. L. 100–17, title I, § 135(d), Apr. 2, 1987, 101 Stat. 174
text: Section 503, act Aug. 21, 1935, ch. 597, § 1, 49 Stat. 670, provided that, on and after Aug. 21, 1935, tolls over any bridge over any of the navigable waters of the United States, if such bridge is used for travel or transportation in interstate or foreign commerce, be just and reasonable and specified bridges to which sections 503 to 507 of this title not apply.
text: Section 504, acts Aug. 21, 1935, ch. 597, § 2, 49 Stat. 671; Jan. 12, 1983, Pub. L. 97–449, § 2(d)(1), 96 Stat. 2440, authorized Secretary of Transportation to determine reasonableness of any toll charged for passage or transit over any bridge to which sections 503 to 507 of this title applied and to prescribe an order establishing a reasonable toll, which order was to take effect thirty days after issuance.
text: Section 505, acts 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; Jan. 12, 1983, Pub. L. 97–449, § 2(d)(1), 96 Stat. 2440, provided for judicial review of orders of the Secretary of Transportation prescribing reasonable tolls.
text: Section 506, acts Aug. 21, 1935, ch. 597, § 4, 49 Stat. 671; Oct. 15, 1970, Pub. L. 91–452, title II, § 235, 84 Stat. 930; Jan. 12, 1983, Pub. L. 97–449, § 2(d)(1), 96 Stat. 2440, authorized Secretary of Transportation to hold hearings in determining reasonableness of tolls, to require attendance of witnesses, and to punish witnesses for failure to attend such hearings.
text: Section 507, act Aug. 21, 1935, ch. 597, § 5, 49 Stat. 672, related to punishment for failure to obey an order prescribing toll.