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§ 522. —  Existing provisions of law.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 33USC522]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
 
                  SUBCHAPTER II--ALTERATION OF BRIDGES
 
Sec. 522. Existing provisions of law


(a) Obstructing navigation; criminal penalties

    The first sentence of section 494 of this title, and section 502 of 
this title, shall be inapplicable with respect to any bridge to which 
the provisions of this subchapter are applicable, except to the extent 
provided in this section.

(b) Construction, reconstruction, or alteration of bridges not completed 
        on July 1, 1939; apportionment of costs

    Any bridge, the construction, reconstruction, or alteration of which 
was required by an order of the Secretary issued prior to July 1, 1939, 
and was not completed on such date, and in the case of which no 
penalties have accrued at the time of the enactment of this subchapter, 
shall be constructed, reconstructed, or altered as required by such 
order, and not in accordance with the provisions of this subchapter. In 
the case of any such bridge, however, the Secretary shall apportion the 
cost of the project between the bridge owner and the United States, and 
payment of the share of the United States shall be made, in the same 
manner as if the provisions of this subchapter applied to such 
construction, reconstruction, or alteration, subject to the following 
limitations:
    (1) In case such construction, reconstruction, or alteration has not 
begun on or before April 1, 1940, such apportionment of cost shall be 
made only if (A) the construction, reconstruction, or alteration 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) Construction, reconstruction, or alteration of bridges not begun on 
        July 1, 1939

    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 
this subchapter as though such order had not been issued, and compliance 
with the provisions of this subchapter 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, Sec. 12, 54 Stat. 501.)



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