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§ 491. —  Approval of and deviation from plans; 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: 33USC491]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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 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, Sec. 1, 34 Stat. 84; Pub. L. 97-322, title I, 
Sec. 107(c), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97-449, Sec. 2(d)(1), 
Jan. 12, 1983, 96 Stat. 2440; Pub. L. 98-557, Sec. 17(g)(1), Oct. 30, 
1984, 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, Sec. 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 492, 493, 494, 495, 497, 
498, 508, 530, 535, 535c of this title.



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