§ 401. — Construction of bridges, causeways, dams or dikes generally; exemptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC401]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 401. Construction of bridges, causeways, dams or dikes
generally; exemptions
It shall not be lawful to construct or commence the construction of
any bridge, causeway, dam, or dike over or in any port, roadstead,
haven, harbor, canal, navigable river, or other navigable water of the
United States until the consent of Congress to the building of such
structures shall have been obtained and until the plans for (1) the
bridge or causeway shall have been submitted to and approved by the
Secretary of Transportation, or (2) the dam or dike shall have been
submitted to and approved by the Chief of Engineers and Secretary of the
Army. However, such structures may be built under authority of the
legislature of a State across rivers and other waterways the navigable
portions of which lie wholly within the limits of a single State,
provided the location and plans thereof are submitted to and approved by
the Secretary of Transportation or by the Chief of Engineers and
Secretary of the Army before construction is commenced. When plans for
any bridge or other structure have been approved by the Secretary of
Transportation or by the Chief of Engineers and Secretary of the Army,
it shall not be lawful to deviate from such plans either before or after
completion of the structure unless modification of said plans has
previously been submitted to and received the approval of the Secretary
of Transportation or the Chief of Engineers and the Secretary of the
Army. The approval required by this section of the location and plans or
any modification of plans of any bridge or causeway does not apply to
any bridge or causeway over waters that are not subject to the ebb and
flow of the tide and that 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. 3, 1899, ch. 425, Sec. 9, 30 Stat. 1151; Pub. L. 97-322, title I,
Sec. 107(b), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97-449, Sec. 2(f),
Jan. 12, 1983, 96 Stat. 2440.)
Codification
Section is from act Mar. 3, 1899, popularly known as the ``Rivers
and Harbors Appropriation Act of 1899'', and together with section 403
of this title superseded act Sept. 19, 1890, ch. 907, Sec. 7, 26 Stat.
454, as amended by act July 13, 1892, ch. 158, Sec. 3, 27 Stat. 88,
which prohibited the erection of obstructions to navigation, and
prohibited the erection of bridges over navigable waters under State
legislation before the approval of the plans by the Secretary of War,
and prohibited the alteration of channels unless authorized by that
Secretary.
Amendments
1983--Pub. L. 97-449 amended section generally to reflect transfer
of certain functions, powers, and duties of Secretary of the Army under
this section to Secretary of Transportation. See Transfer of Functions
note below.
1982--Pub. L. 97-322 inserted sentence at end relating to exemption.
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of Transportation related to compliance with permits for bridges across
navigable waters issued under this section with respect to pre-
construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas were transferred to the
Federal Inspector, Office of Federal Inspector for the Alaska Natural
Gas Transportation System, until the first anniversary of date of
initial operation of the Alaska Natural Gas Transportation System, see
Reorg. Plan No. 1 of 1979, Secs. 102(c), 203(a), 44 F.R. 33663, 33666,
93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to
Title 5, Government Organization and Employees. Office of Federal
Inspector for the Alaska Natural Gas Transportation System abolished and
functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of
Office of Federal Inspector note under section 719e of Title 15,
Commerce and Trade.
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, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449
amended this section to reflect transfer made by section 6(g)(6)(A) of
Pub. L. 89-670, and repealed section 6(g)(6)(A).
Section Referred to in Other Sections
This section is referred to in sections 27, 59c-3, 59j-1, 59s, 59y,
59z, 59bb, 59bb-1, 59cc, 59dd, 59ee-1, 59ff, 59gg, 59hh, 402, 406, 412,
413, 418, 530, 1293a of this title; title 23 section 144; title 42
section 1962d-11a.
