dreamproit/uscode huggingface dataset:
33 U.S.C. § 520 (NAVIGATION AND NAVIGABLE WATERS)
§ 520. Review of findings and orders
Any order made or issued under section 516 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 is 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 certification or certiorari, in the manner provided in section 1254 of title 28. The review by such Court shall be limited to questions of law, and the findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Upon such review, such Court 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. Proceedings under this section shall not operate as a stay of any order of the Secretary issued under provisions of this subchapter other than section 516 of this title, or relieve any bridge owner of any liability or penalty under such provisions.
(June 21, 1940, ch. 409, § 10, 54 Stat. 501; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.)
heading: Editorial Notes
heading: Codification
text: “Section 1254 of title 28” substituted in text for “sections 239 and 240 of the Judicial Code, as amended” on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. Prior to the enactment of Title 28, sections 239 and 240 of the Judicial Code were classified to sections 346 and 347 of Title 28.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Act June 25, 1948, as amended by act May 24, 1949, substituted “court of appeals” for “circuit court of appeals”.
33 U.S.C. § 523 (NAVIGATION AND NAVIGABLE WATERS)
§ 523. Relocation of bridges
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.
(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), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 114–120, title III, § 306(b)(4)(D), Feb. 8, 2016, 130 Stat. 55.)
heading: Editorial Notes
heading: Amendments
text: 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 July 16, 1952, struck out “used for railroad traffic” after “owner of any bridge”.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: 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).
33 U.S.C. § 524 (NAVIGATION AND NAVIGABLE WATERS)
§ 524. Applicability of administrative procedure provisions
In the administration of this Act, hearings and other procedures shall be exempted from the provisions of subchapter II of chapter 5, and chapter 7, of title 5, except as to the requirements of section 552 of title 5.
(July 16, 1952, ch. 889, § 3, 66 Stat. 733.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is act July 16, 1952, ch. 889, 66 Stat. 732, which enacted this section and amended sections 511, 516, and 523 of this title. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was not enacted as part of act June 21, 1940, ch. 409, 54 Stat. 497, which comprises this subchapter.
“Subchapter II of chapter 5, and chapter 7, of title 5” and “section 552 of title 5” substituted in text for “the Administrative Procedure Act (60 Stat. 237)” and “section 3 thereof”, respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
33 U.S.C. § 526a (NAVIGATION AND NAVIGABLE WATERS)
§ 526a. Repealed. Pub. L. 100–17, title I, § 135(f), Apr. 2, 1987, 101 Stat. 174
text: Section, act Pub. L. 93–87, title I, § 133(b), Aug. 13, 1973, 87 Stat. 267, authorized Secretary of Transportation to promulgate regulations establishing guidelines governing any increase in tolls for use of any bridge constructed pursuant to either the General Bridge Act of 1906 or the General Bridge Act of 1946.
heading: Statutory Notes and Related Subsidiaries
heading: Study of Toll Bridge Authority; Investigation and Study of Federal Statutes and Regulations; Report to Congress
text: Section 133(a) of Pub. L. 93–87 directed Secretary of Transportation to study the existing Federal laws and regulations governing toll bridges over navigable waters of United States and submit a report containing recommendations regarding action to be taken to assure reasonable nationwide tolls no later than July 1, 1974, except in the case of the toll bridge at Chester, Illinois, where the Secretary was directed to submit a similar report no later than Dec. 31, 1973, prior to repeal by Pub. L. 100–17, title I, § 135(f), Apr. 2, 1987, 101 Stat. 174.
33 U.S.C. § 527 (NAVIGATION AND NAVIGABLE WATERS)
§ 527. Acquisition of interstate bridges by public agencies; amount of damages
After the completion of any interstate toll bridge constructed by an individual, firm, or corporation, as determined by the Secretary of Transportation, either of the States in which the bridge is located, or any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property for public purposes by condemnation or expropriation. If at any time after the expiration of five years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value; (2) the actual costs of acquiring such interests in real property; (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property; and (4) actual expenditures for necessary improvements.
(Aug. 2, 1946, ch. 753, title V, § 504, 60 Stat. 848; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)
heading: Editorial Notes
heading: Amendments
text: 1983—Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War”. See Transfer of Functions note below.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Section 6(g)(6)(C) of Pub. L. 89–670 transferred 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 subchapter to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States to Secretary of Transportation. 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).
33 U.S.C. § 528 (NAVIGATION AND NAVIGABLE WATERS)
§ 528. Statement of construction costs of privately owned interstate bridges; investigation of costs; conclusiveness of findings; review
Within ninety days after the completion of a privately owned interstate toll bridge, the owner shall file with the Secretary of Transportation and with the highway departments of the States in which the bridge is located, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of Transportation may, and upon request of a highway department shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said individual, firm, or corporation, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of Transportation as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 527 of this title subject only to review in a court of equity for fraud or gross mistake.
(Aug. 2, 1946, ch. 753, title V, § 505, 60 Stat. 848; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)
heading: Editorial Notes
heading: Amendments
text: 1983—Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing. See Transfer of Functions note below.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: Section 6(g)(6)(C) of Pub. L. 89–670 transferred 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 subchapter to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States to Secretary of Transportation. 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).
33 U.S.C. § 534 (NAVIGATION AND NAVIGABLE WATERS)
§ 534. Conveyance of right, title, and interest of United States in bridges transferred to States or political subdivisions; terms and conditions
The Secretary of the Army is authorized to transfer or convey to State authorities or political subdivisions thereof all right, title, and interest of the United States, in and to any and all bridges heretofore or hereafter constructed or acquired in connection with the improvement of canals, rivers and harbors, or works of flood control, together with the necessary lands, easements, or rights-of-way, upon such terms and conditions and with or without consideration, as may be determined to be in the best interest of the United States by the Chief of Engineers: Provided, That such transferred bridges shall be toll-free.
(May 17, 1950, ch. 188, title I, § 109, 64 Stat. 168.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the General Bridge Act of 1946 which comprises this subchapter.
33 U.S.C. § 535 (NAVIGATION AND NAVIGABLE WATERS)
§ 535. Congressional consent to construction, maintenance, and operation of international bridges; conditions of consent
The consent of Congress is hereby granted to the construction, maintenance, and operation of any bridge and approaches thereto, which will connect the United States with any foreign country (hereinafter in this subchapter referred to as an “international bridge”) and to the collection of tolls for its use, so far as the United States has jurisdiction. Such consent shall be subject to (1) the approval of the proper authorities in the foreign country concerned; (2) the provisions of sections 491 to 494 and 495 to 498 of this title, except section 496 of this title, whether or not such bridge is to be built across or over any of the navigable waters of the United States; and (3) of the provisions of this subchapter.
(Pub. L. 92–434, § 2, Sept. 26, 1972, 86 Stat. 731.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 92–434, § 1, Sept. 26, 1972, 86 Stat. 731, provided: “That this Act [enacting this subchapter and amending section 129 of Title 23, Highways] may be cited as the ‘International Bridge Act of 1972’.”
33 U.S.C. § 535c (NAVIGATION AND NAVIGABLE WATERS)
§ 535c. Approval of Secretary; commencement and completion requirements; extension of time limits
The approval of the Secretary of the department in which the Coast Guard is operating, as required by section 491 of this title, shall be given only subsequent to the President’s approval, as provided for in section 535b of this title, and shall be null and void unless the construction of the bridge is commenced within two years and completed within five years from the date of the Secretary’s approval: Provided, however, That the Secretary, for good cause shown, may extend for a reasonable time either or both of the time limits herein provided.
(Pub. L. 92–434, § 5, Sept. 26, 1972, 86 Stat. 732; Pub. L. 114–120, title III, § 306(b)(6)(A), Feb. 8, 2016, 130 Stat. 56.)
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation”.
33 U.S.C. § 535e (NAVIGATION AND NAVIGABLE WATERS)
§ 535e. Ownership
(a) Sale, assignment, or transfer; approval of Secretary
Nothing in this subchapter shall be deemed to prevent the individual, corporation, or other entity to which, pursuant to this subchapter, authorization has been given to construct, operate, and maintain an international bridge and the approaches thereto, from selling, assigning, or transferring the rights, powers, and privileges conferred by this subchapter: Provided, That such sale, assignment, or transfer shall be subject to approval by the Secretary of the department in which the Coast Guard is operating.
(b) State status of original applicant upon acquisition of right, title, and interest after termination of private entity licenses, contracts, or orders
Upon the acquisition by a State or States, or by a subdivision or instrumentality thereof, of the right, title, and interest of a private individual, corporation, or other private entity, in and to an international bridge, any license, contract, or order issued or entered into by the Secretary of the department in which the Coast Guard is operating, to or with such private individual, corporation, or other private entity, shall be deemed terminated forthwith. Thereafter, the State, subdivision, or instrumentality so acquiring shall operate and maintain such bridge in the same manner as if it had been the original applicant, and the provisions of section 535d 1 of this title shall not apply.
(Pub. L. 92–434, § 8, Sept. 26, 1972, 86 Stat. 732; Pub. L. 114–120, title III, § 306(b)(6)(B), Feb. 8, 2016, 130 Stat. 56.)
heading: Editorial Notes
heading: References in Text
text: Section 535d of this title, referred to in subsec. (b), was repealed by Pub. L. 100–17, title I, § 135(g), Apr. 2, 1987, 101 Stat. 174.
heading: Amendments
text: 2016—Subsecs. (a), (b). Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation”.
33 U.S.C. § 540 (NAVIGATION AND NAVIGABLE WATERS)
§ 540. Investigations and improvements; control by Department of the Army; wildlife conservation
Federal investigations and improvements of rivers, harbors, and other waterways shall be under the jurisdiction of and shall be prosecuted by the Department of the Army under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, except as otherwise specifically provided by Act of Congress, which said investigations and improvements shall include a due regard for wildlife conservation.
(June 20, 1938, ch. 535, § 1, 52 Stat. 802; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Editorial Notes
heading: Prior Provisions
text: Acts Aug. 30, 1935, ch. 831, 49 Stat. 1028; Aug. 26, 1937, ch. 832, 50 Stat. 844, contained similar provisions.
heading: Statutory Notes and Related Subsidiaries
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: Waterway Improvements Study and Report; Availability of Data to National Transportation Policy Commission
text: Pub. L. 94–587, § 158, Oct. 22, 1976, 90 Stat. 2933, directed the Secretary of the Army, acting through the Chief of Engineers, to make a comprehensive study and report on the system of waterway improvements under his jurisdiction, including a review of emergency and defense requirements and an appraisal of additional improvements necessary to optimize the system and its intermodal characteristics, and to submit a report to Congress within three years after funds were first appropriated and made available for the study, together with his recommendations. The Secretary of the Army, acting through the Chief of Engineers, was to make available to the National Transportation Policy Study Commission established by section 154 of Public Law 94–280 [set out as a note under section 101 of Title 23, Highways], the information and other data developed as a result of the study.
heading: Reimbursement of States for Water Resources Projects; Study
text: Pub. L. 89–298, title III, § 314, Oct. 27, 1965, 79 Stat. 1096, authorized the Secretary of the Army, through the Chief of Engineers, to study the need for and feasibility of Federal reimbursement of certain public entities for their expenses incurred in connection with authorized projects for improvements of rivers, harbors, and certain other waterways, for various purposes, and to submit a report to Congress no later than Jan. 31, 1967, together with his recommendations in connection therewith.
33 U.S.C. § 540a (NAVIGATION AND NAVIGABLE WATERS)
§ 540a. Availability of appropriations for attendance by military personnel at meetings and for printing survey reports
Appropriations in this title 1 or appropriations made in this title 1 in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for expenses of attendance by military personnel at meetings in the manner authorized by section 4110 of title 5, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901–5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress.
(Pub. L. 102–377, title I, Oct. 2, 1992, 106 Stat. 1325.)
heading: Editorial Notes
heading: References in Text
text: This title, referred to in text, is title I of Pub. L. 102–377, Oct. 2, 1992, 106 Stat. 1315. For complete classification of title I to the Code, see Tables.
33 U.S.C. § 542 (NAVIGATION AND NAVIGABLE WATERS)
§ 542. Review by Board of Engineers of reports on examinations and surveys and special reports
All reports on examinations and surveys authorized by law shall be reviewed by the Board of Engineers for Rivers and Harbors as provided for in section 541 of this title, and all special reports ordered by Congress shall, in the discretion of the Chief of Engineers, be reviewed in like manner by said board; and the said board shall also, on request by resolution of the Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives, submitted to the Chief of Engineers, examine and review the report of any examination or survey made pursuant to any Act or resolution of Congress, and report thereon through the Chief of Engineers, United States Army, who shall submit his conclusions thereon as in other cases: Provided, That in no case shall the board, in its report thus called for by committee resolution, extend the scope of the project contemplated in the original report upon which its examination and review has been requested, or in the provision of law authorizing the original examination or survey.
(Mar. 4, 1913, ch. 144, § 4, 37 Stat. 826; Pub. L. 103–437, § 12(b), Nov. 2, 1994, 108 Stat. 4590.)
heading: Codification
text: Section is from part of section 4 of act Mar. 4, 1913, popularly known as the “Rivers and Harbors Act of 1913”. The last proviso of said section 4 is set out in section 541 of this title.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives” for “Committee on Commerce of the Senate or the Committee on Rivers and Harbors of the House of Representatives”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.
heading: Transfer of Functions
text: For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949.
heading: Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities
text: For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992, and reassignment of duties and responsibilities by Secretary of Army, see section 223 of Pub. L. 102–580, set out as a note under section 541 of this title.