United States Code

is carried out in accordance with plans and specifications, and pursuant to bids, approved by the Secretary, and (B) the bridge owner has submitted to the Secretary a written guaranty of cost as provided for in section 515 of this title.

(2) The Secretary's determination as to such apportionment, and as to such plans and specifications and bids, shall be final.

(3) Such apportionment shall not be made if such construction, reconstruction, or alteration is not completed within the time fixed in such order of the Secretary or within such additional time as the Secretary, for good cause shown, may allow.

(c) Any bridge (except a bridge to which subsection (b) of this section applies) the construction, reconstruction, or alteration of which was required by an order of the Secretary issued prior to July 1, 1939, and was not begun before such date, shall be subject to the provisions of sections 511 to 523 of this title as though such order had not been issued, and compliance with the provisions of such sections and with such orders as may be issued thereunder shall be considered to constitute compliance with such order issued prior to July 1, 1939, and with the provisions of law under which it was issued. (June 21, 1940, ch. 409, § 12, 54 Stat. 501.)

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Secretary of the Army and other officers and offices of the Department of the Army relating to obstructive bridges under Act of June 21, 1940, sections 511 to 523 of this title, were transferred to the Secretary of Transportation by Pub. L. 89670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (g) (3) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 511, 518, 519, 520, 521 of this title.

§ 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 Army 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.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

AMENDMENTS

1952-Act July 16, 1952, struck out "used for railroad traffic" following "owner of any bridge".

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 511, 518, 519, 520, 521, 522 of this title.

§ 524. Applicability of Administrative Procedure Act. In the administration of this Act, hearings and other procedures shall be exempted from the provisions of the Administrative Procedure Act, except as to the requirements of section 1002 of Title 5. (July 16, 1952, ch. 889, § 3, 66 Stat. 733.)

REFERENCES IN TEXT

This Act, referred to in text, is classified to this section and sections 511, 516, and 523 of this title.

The provisions of the Administrative Procedure Act, referred to in text, are now covered by sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees.

Section 1002 of Title 5, referred to in text, was repealed in the general revision of Title 5, and is now covered by section 552 of Title 5.

GENERAL BRIDGE AUTHORITY

§ 525. Construction and operation of bridges; consent of Congress; approval of plans; private highway toll bridges.

(a) The consent of Congress is granted for the construction, maintenance, and operation of bridges and approaches thereto over the navigable waters of the United States, in accordance with the provisions of sections 525 to 533 of this title.

(b) The location and plans for such bridges shall be approved by the Chief of Engineers and the Secretary of the Army before construction is commenced, and, in approving the location and plans of any bridge, they may impose any specific conditions relating to the maintenance and operation of the structure which they may deem necessary in the interest of public navigation, and the conditions so imposed shall have the force of law.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, it shall be unlawful to construct or commence the construction of any privately owned highway toll bridge until the location and plans thereof shall also have been submitted to and approved by the highway department or departments of the State or States in which the bridge and its approaches are situated; and where such bridge shall be between two or more States

and the highway departments thereof shall be unable to agree upon the location and plans therefor, or if they, or either of them, shall fail or refuse to act upon the location and plans submitted, such location and plans then shall be submitted to the Bureau of Public Roads and, if approved by the Bureau of Public Roads, approval by the highway departments shall not be required. (Aug. 2, 1946, ch. 753, title V, § 502, 60 Stat. 847; June 30, 1949, ch. 288, title I, § 103 (a), 63 Stat. 380; 1949 Reorg. Plan No. 7, § 1, eff. Aug. 19, 1949, 14 F. R. 5288, 63 Stat. 1070.)

CODIFICATION

SHORT TITLE

Congress in enacting sections 525-533 of this title provided by section 501 of act Aug. 2, 1946 that they should be popularly known as the "General Bridge Act of 1946".

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army under this section to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (g) (6) (C) of title 49, Transportation.

All functions, powers, and duties of the Secretary of Commerce and other offices and officers of the Department of Commerce under subsec. (c) of this section relating generally to highways were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931. See section 1655 (a) (1) (K) of title 49, Transportation.

The functions of all other officers of the Department of Commerce and the functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.

The Public Roads Administration, which was transferred to the Bureau of Public Roads within the General Services Administration, was transferred to the Department of Commerce by 1949 Reorg. Plan No. 7, and was thereafter transferred to the Department of Transportation.

All functions of the Public Roads Administration were transferred to the Bureau of Public Roads within the General Services Administration by section 103 (a) of act June 30, 1949. Section 103 (a) is set out as section 753 of Title 40, Public Buildings, Property, and Works.

RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL Section 511 of act Aug. 2, 1946, provided: "The right to alter, amend, or repeal this title [sections 525-533 of this title] is hereby expressly reserved as to any and all bridges which may be built under authority hereof [sald sections]."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 529, 530, 531, 532, 3 of this title; title 23 section 144; title 49 section 1655.

§ 526. Amount of tolls.

If tolls shall be charged for the transit over any interstate bridge 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 Transportation 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. (Aug. 2, 1946, ch. 753, title V, § 503, 60 Stat. 847.) CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

TRANSFER OF FUNCTIONS

"Secretary of Transportation" was substituted for "Secretary of the Army" pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which transferred all functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army under this section to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States and to the reasonableness of tolls, to the Secretary of Transportation. See section 1655 (g) (4) (B), (6) (C) of Title 49, Transportation. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 525, 529, 530, 531, 532, 533 of this title; title 23 section 144.

§ 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 the Army, 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.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 525, 528, 529, 530, 531, 532, 533 of this title; title 23 section 144.

§ 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 the Army 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 the Army 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 the Army 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.)

CODIFICATION

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 525, 529, 530,531, 532, 533 of this title; title 23 section 144.

§ 529. Sinking funds; rate of tolls, cancellation of tolls. If tolls are charged for the use of an interstate bridge constructed or taken over or acquired by a State or States or by any municipality or other political subdivision or public agency thereof, under the provisions of sections 525 to 533 of this title, the rates of toll shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the amount paid therefor, including reasonable interest and financing cost, as soon as possible under reasonable charges, but within a period of not to exceed thirty years from the date of completing or acquiring the same. After a sinking fund sufficient for such amortization shall have been so provided, such bridge shall thereafter be maintained and operated free of tolls. An accurate record of the amount paid for acquiring the bridge and its approaches, the actual expenditures for maintaining, repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. (Aug. 2, 1946, ch. 753, title V, § 506, 60 Stat. 848; May 25, 1948, ch. 336, 62 Stat. 267.)

AMENDMENTS

1948-Act May 25, 1948, extended the amortization period from 20 to 30 years.

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army under sections 525 to 533 of this title to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (g) (6) (B) of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 525, 530, 531, 532, 533 of this title; title 23 section 144.

§ 530. Bridges included and excluded.

The provisions of sections 525 to 533 of this title shall apply only to bridges over navigable waters of the United States, the construction of which is approved after August 2, 1946, under the provisions of said sections; and the provisions of the first proviso of section 401 of this title, and the provisions of sections 491 to 498 of this title, shall not apply to such bridges. (Aug. 2, 1946, ch. 753, title V, § 507, 60 Stat. 849.)

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 525, 529, 531, 532, 533 of this title; title 23 section 144.

§ 531. International bridges.

Sections 525 to 533 of this title shall not be construed to authorize the construction of any bridge which will connect the United States, or any Territory or possession of the United States, with any foreign country. (Aug. 2, 1946, ch. 753, title V, § 508, 60 Stat. 849.)

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 525, 529, 530, 532, 533 of this title; title 23 section 144.

§ 532. Eminent domain.

There are conferred upon any individual, his heirs, legal representatives, or assigns, any firm or corporation, its successors or assigns, or any State, political subdivision, or municipality authorized in accordance with the provisions of sections 525 to 533 of this title to build a bridge between two or more States, all such rights and powers to enter upon lands and acquire, condemn, occupy, possess, and use real estate and other property in the respective States needed for the location, construction, operation, and maintenance of such bridge and its approaches, as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. (Aug. 2, 1946, ch. 753, title V, § 509, 60 Stat. 849.)

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 525, 529, 530,531, 533 of this title; title 23 section 144.

§ 533. Penalties.

Any person who fails or refuses to comply with any lawful order of the Secretary of the Army or the Chief of Engineers issued under the provisions of sections 525 to 533 of this title, or who fails to comply with any specific condition imposed by the Chief of Engineers and the Secretary of the Army relating to

the maintenance and operation of bridges, or who refuses to produce books, papers, or documents in obedience to a subpena or other lawful requirement under said sections, or who otherwise violates any provisions of said sections, shall, upon conviction thereof, be punished by a fine of not to exceed $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. (Aug. 2, 1946, ch. 753, title V, § 510, 60 Stat. 849.) CODIFICATION

TRANSFER OF FUNCTIONS

49,

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 525, 529, 530, 531, 532 of this title; title 23 section 144.

CROSS REFERENCES

Felony and misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 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.)

577a.

578.

Sharing of costs by non-Federal interests.
Completeness of project.

(f) Low water access navigation channels from existing channel of Mississippi River. Small-boat navigation projects; charter fishing craft.

Disposal of surplus property for development of public port or industrial facilities.

(a)

Conveyance by Secretary of the Army. (b) Purchase price; conditions, reservations or restrictions.

(၁)

(d)

(e)

Notice of proposed conveyance.

Delegation of authority.

Deposit of proceeds.

PAY AND ALLOWANCES; TRAVELING EXPENSES AND

SUBSISTENCE

581. 582.

Hiring special means of transportation. Repealed.

583.

Payment of allowances, etc., incident to change of station of Engineer officers from appropriation for improvements.

583a. Payment of pay and allowances of officers of Corps of Engineers from appropriation for improvements. 584, 584a. Repealed.

ACQUISITION OF LAND AND MATERIALS Condemnation, purchase, and donation of land and materials.

Condemnation of land in aid of person, company, corporation, municipal or private.

Condemnation of land in aid of State or State agency.

When immediate possession of land may be taken. Consideration of benefits in assessing compensation.

595a. Compensation for taking or condemnation of property for public improvements; fair market value; partial takings; effective date.

591.

558c.

559.

560.

Rights-of-way over United States land. Disposition of rentals for Government plants. Contributions from private parties; return of excess.

592.

593.

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