CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS

Title 33 > CHAPTER 11

Sections (52)

§ 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 the department in which the Coast Guard is operating 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 494 and 495 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, § 1 , 34 Stat. 84 ; Pub. L. 97–322, title I, § 107(c) , Oct. 15, 1982 , 96 Stat. 1582 ; Pub. L. 97–449, § 2(d)(1) , Jan. 12, 1983 , 96 Stat. 2440 ; Pub. L. 98–557, § 17(g)(1) , Oct. 30, 1984 , 98 Stat. 2869 ; Pub. L. 114–120, title III, § 306(b)(2)(A) , Feb. 8, 2016 , 130 Stat. 55 .)

§ 492 Bridge as post route; limitation as to charges against Government; telegraph and telephone lines

Any bridge built in accordance with the provisions of sections 491 to 494 and 495 to 498 of this title, shall be a lawful structure and shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over any railroad, street railway, or public highway leading to said bridge; and the United States shall have the right to construct, maintain, and repair, without any charge therefor, telegraph and telephone lines across and upon said bridge and its approaches; and equal privileges in the use of said bridge and its approaches shall be granted to all telegraph and telephone companies. ( Mar. 23, 1906, ch. 1130, § 2 , 34 Stat. 85 .)

§ 493 Use of railroad bridges by other railroad companies

All railroad companies desiring the use of any railroad bridge built in accordance with the provisions of sections 491 to 494 and 495 to 498 of this title, shall be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment of a reasonable compensation for such use; and in case of any disagreement between the parties in regard to the terms of such use or the sums to be paid all matters at issue shall be determined by the Secretary of Transportation upon hearing the allegations and proofs submitted to him. ( Mar. 23, 1906, ch. 1130, § 3 , 34 Stat. 85 ; Pub. L. 97–449, § 2(d)(1) , Jan. 12, 1983 , 96 Stat. 2440 .)

§ 494 Obstruction of navigation; alterations and removals; lights and signals; draws

No bridge erected or maintained under the provisions of sections 491 to 494 and 495 to 498 of this title, shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed, and if any bridge erected in accordance with the provisions of said sections, shall, in the opinion of the Secretary of the department in which the Coast Guard is operating at any time unreasonably obstruct such navigation, either on account of insufficient height, width of span, or otherwise, or if there be difficulty in passing the draw opening or the drawspan of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the Secretary of the department in which the Coast Guard is operating after giving the parties interested reasonable opportunity to be heard, to notify the persons owning or controlling such bridge to so alter the same as to render navigation through or under it reasonably free, easy, and unobstructed, stating in such notice the changes required to be made, and prescribing in each case a reasonable time in which to make such changes, and if at the end of the time so specified the changes so required have not been made, the persons owning or controlling such bridge shall be deemed guilty of a violation of said sections; and all such alterations shall be made and all such obstructions shall be removed at the expense of the persons owning or operating said bridge. The persons owning or operating any such bridge shall maintain, at their own expense, such lights and other signals thereon as the Commandant of the Coast Guard shall prescribe. If the bridge shall be constructed with a draw, then the draw shall be opened promptly by the persons owning or operating such bridge upon reasonable signal for the passage of boats and other water craft. ( Mar. 23, 1906, ch. 1130, § 4 , 34 Stat. 85 ; Mar. 4, 1913, ch. 141, § 1 , 37 Stat. 736 ; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946 , 11 F.R. 7875, 60 Stat. 1097 ; Pub. L. 97–449, § 2(d)(1) , Jan. 12, 1983 , 96 Stat. 2440 ; Pub. L. 100–17, title I, § 135(a) , Apr. 2, 1987 , 101 Stat. 173 ; Pub. L. 109–241, title IX, § 902(k) , July 11, 2006 , 120 Stat. 568 ; Pub. L. 111–281, title IX, § 903(a)(9) , Oct. 15, 2010 , 124 Stat. 3010 ; Pub. L. 114–120, title III, § 306(b)(2)(B) , Feb. 8, 2016 , 130 Stat. 55 .)

§ 494a Study of bridges over navigable waters

The Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive study on the construction or alteration of any bridge, drawbridge, or causeway over the navigable waters of the United States with a channel depth of 25 feet or greater that may impede or obstruct future navigation to or from port facilities and for which a permit under the Act of March 23, 1906 ( 33 U.S.C. 491 et seq.), popularly known as the Bridge Act of 1906, was requested during the period beginning on January 1, 2006 , and ending on August 3, 2011 . ( Pub. L. 111–281, title IX, § 905 , Oct. 15, 2010 , 124 Stat. 3012 ; Pub. L. 112–213, title VII, § 702(a) , Dec. 20, 2012 , 126 Stat. 1580 .)

§ 495 Violations of orders respecting bridges and accessory works

(a) Criminal penalties for violation; misdemeanor; fine; new offenses; jurisdiction: suits for recovery of removal expenses, enforcement of removal, and obstruction-to-navigation causes or questions Any persons who shall willfully fail or refuse to comply with the lawful order of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers, made in accordance with the provisions of sections 491 to 494 and 495 to 498 of this title, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such persons shall remain in default shall be deemed a new offense and subject such persons to additional penalties therefor; and in addition to the penalties above described the Secretary of the department in which the Coast Guard is operating and the Chief of Engineers may, upon refusal of the persons owning or controlling any such bridge and accessory works to comply with any lawful order issued by the Secretary of the department in which the Coast Guard is operating or Chief of Engineers in regard thereto, cause the removal of such bridge and accessory works at the expense of the persons owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against such persons, and recovery had for such expense in any court of competent jurisdiction; and the removal of any structures erected or maintained in violation of the provisions of said sections or the order or direction of the Secretary of the department in which the Coast Guard is operating or Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon application to the district court in the district in which such structure may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary of the department in which the Coast Guard is operating; and in case of any litigation arising from any obstruction or alleged obstruction to navigation created by the construction of any bridge under said sections, the cause or question arising may be tried before the district court of the United States in any district which any portion of said obstruction or bridge touches.

(b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of sections 491 to 494 and 495 to 498 of this title, or any order issued under sections 491 to 494 and 495 to 498 of this title, shall be liable to a civil penalty of not more than $25,000 for a violation occurring in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.

§ 496 Time for commencement and completion of bridge

Whenever Congress shall after March 23, 1906 , by law authorize the construction of any bridge over or across any of the navigable waters of the United States, and no time for the commencement and completion of such bridge is named in said Act, the authority thereby granted shall cease and be null and void unless the actual construction of the bridge authorized in such Act be commenced within one year and completed within three years from the date of the passage of such Act. ( Mar. 23, 1906, ch. 1130, § 6 , 34 Stat. 86 .)

§ 497 “Persons” defined

The word “persons” as used in sections 491 to 494 and 495 to 498 of this title, shall be construed to import both the singular and the plural, as the case demands, and shall include municipalities, quasi-municipal corporations, corporations, companies, and associations. ( Mar. 23, 1906, ch. 1130, § 7 , 34 Stat. 86 .)

§ 498 Reservation of right to alter or repeal

The right to alter, amend, or repeal sections 491 to 494 and 495 to 498 of this title, is expressly reserved as to any and all bridges which may be built in accordance with the provisions of said sections, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the owner or owners or any other persons interested in any bridge which shall have been constructed in accordance with its provisions. ( Mar. 23, 1906, ch. 1130, § 8 , 34 Stat. 86 .)

§ 498a Repealed. Pub. L. 100–17, title I, § 135(b), Apr. 2, 1987, 101 Stat. 174

§ 498b Repealed. Pub. L. 100–17, title I, § 135(c), Apr. 2, 1987, 101 Stat. 174

§ 499 Regulations for drawbridges

(a) Criminal penalties for violations; enforcement; rules and regulations It shall be the duty of all persons owning, operating, and tending the drawbridges built prior to August 18, 1894 , or which may thereafter be built across the navigable rivers and other waters of the United States, to open, or cause to be opened, the draws of such bridges under such rules and regulations as in the opinion of the Secretary of the department in which the Coast Guard is operating the public interests require to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law. Every such person who shall willfully fail or refuse to open, or cause to be opened, the draw of any such bridge for the passage of a boat or boats, as provided in such regulations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $2,000norlessthan$1,000, or by imprisonment (in the case of a natural person) for not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided , That the proper action to enforce the provisions of this subsection may be commenced before any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States: Provided further , That whenever, in the opinion of the Secretary of the department in which the Coast Guard is operating, the public interests require it, he may make rules and regulations to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law, and any willful violation thereof shall be punished as hereinbefore provided: Provided further , That any regulations made in pursuance of this section may be enforced as provided in section 413 of this title , the provisions whereof are made applicable to the said regulations. Any rules and regulations made in pursuance of this section shall, to the extent practical and feasible, provide for regularly scheduled openings of drawbridges during seasons of the year, and during times of the day, when scheduled openings would help reduce motor vehicle traffic delays and congestion on roads and highways linked by drawbridges.

(b) Nonstructural vessel appurtenances; unreasonable delays No vessel owner or operator shall signal a drawbridge to open for any nonstructural vessel appurtenance which is not essential to navigation or which is easily lowered and no person shall unreasonably delay the opening of a draw after the signal required by rules or regulations under this section has been given. The Secretary of the department in which the Coast Guard is operating shall issue rules and regulations to implement this subsection.

(c) Civil penalties for violation; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any rule or regulation issued under subsection (a) or (b), shall be liable to a civil penalty of not more than $5,000foraviolationoccurringin2004;$10,000 for a violation occurring in 2005; $15,000foraviolationoccurringin2006;$20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.

(d) Temporary changes to drawbridge operating schedules Notwithstanding section 553 of title 5 , whenever a temporary change to the operating schedule of a drawbridge, lasting 180 days or less— is approved— the Secretary of the department in which the Coast Guard is operating shall— issue a deviation approval letter to the bridge owner; and announce the temporary change in— the Local Notice to Mariners; a broadcast notice to mariners and through radio stations; or such other local media as the Secretary considers appropriate; and the bridge owner, except a railroad bridge owner, shall notify— the public by publishing notice of the temporary change in a newspaper of general circulation published in the place where the bridge is located; the department, agency, or office of transportation with jurisdiction over the roadway that abuts the approaches to the bridge; and the law enforcement organization with jurisdiction over the roadway that abuts the approaches to the bridge; or is denied, the Secretary of the department in which the Coast Guard is operating shall— not later than 10 days after the date of receipt of the request, provide the bridge owner in writing the reasons for the denial, including any supporting data and evidence used to make the determination; and provide the bridge owner a reasonable opportunity to address each reason for the denial and resubmit the request.

(e) Drawbridge movements The Secretary of the department in which the Coast Guard is operating— shall require a drawbridge operator to record each movement of the drawbridge in a logbook; may inspect the logbook to ensure drawbridge movement is in accordance with the posted operating schedule; shall review whether deviations from the posted operating schedule are impairing vehicular and pedestrian traffic; and may determine if the operating schedule should be adjusted for efficiency of maritime or vehicular and pedestrian traffic.

(f) Requirements An operator of a drawbridge built across a navigable river or other water of the United States— that opens the draw of such bridge for the passage of a vessel, shall record in a logbook— the bridge identification and date of each opening; the bridge tender or operator for each opening; each time it is opened for navigation; each time it is closed for navigation; the number and direction of vessels passing through during each opening; the types of vessels passing through during each opening; an estimated or known size (height, length, and beam) of the largest vessel passing through during each opening; for each vessel, the vessel name and registration number if easily observable; and all maintenance openings, malfunctions, or other comments; and that remains open to navigation but closes to allow for trains to cross, shall record in a logbook— the bridge identification and date of each opening and closing; the bridge tender or operator; each time it is opened to navigation; each time it is closed to navigation; and all maintenance openings, closings, malfunctions, or other comments. A drawbridge operator shall maintain logbooks required under paragraph (1) for not less than 5 years. At the request of the Secretary of the department in which the Coast Guard is operating, a drawbridge operator shall submit to the Secretary the logbook required under paragraph (1) as the Secretary considers necessary to carry out this section. The requirements under paragraph (1) shall be exempt from sections 3501 to 3521 of title 44.

§ 500 Deflection of current; liability to riparian owners

Whenever complaint shall be made to the Secretary of the Army that by reason of the placing in any navigable waters of the United States of any bridge pier or abutment, the current of such waters has been so deflected from its natural course as to cause by producing caving of banks or otherwise serious damage or danger to property, it shall be his duty to make inquiry, and if it shall be ascertained that the complaint is well founded, he shall cause the owners or persons operating such bridge to repair such damage or prevent such danger to property by such means as he shall indicate and within such time as he may name, and in default thereof the owners or persons operating such bridge shall be liable in any court of competent jurisdiction to the persons injured in a sum double the amount of said injury: Provided, however , That nothing herein contained shall be construed so as to affect any rights of action which may have existed prior to August 11, 1888 . ( Aug. 11, 1888, ch. 860, § 2 , 25 Stat. 423 ; July 26, 1947, ch. 343 , title II, § 205(a), 61 Stat 501.)

§ 501 Omitted

§ 502 Alteration, removal, or repair of bridge or accessory obstructions to navigation

(a) Criminal penalties for violation; alteration or removal requirements; notice and hearing; specification of changes; time for compliance; notice to United States attorney; misdemeanor; fine; new offenses Whenever the Secretary of the department in which the Coast Guard is operating shall have good reason to believe that any railroad or other bridge over any of the navigable waterways of the United States is an unreasonable obstruction to the free navigation of such waters on account of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw opening or the draw span of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the said Secretary, first giving the parties reasonable opportunity to be heard, to give notice to the persons or corporations owning or controlling such bridge so to alter the same as to render navigation through or under it reasonably free, easy, and unobstructed; and in giving such notice he shall specify the changes that are required to be made, and shall prescribe in each case a reasonable time in which to make them. If at the end of such time the alteration has not been made, the Secretary of the department in which the Coast Guard is operating shall forthwith notify the United States attorney for the district in which such bridge is situated, to the end that the criminal proceedings hereinafter in this section mentioned may be taken. If the persons, corporation, or association owning or controlling any railroad or other bridge shall, after receiving notice to that effect, as hereinbefore required, from the Secretary of the department in which the Coast Guard is operating and within the time prescribed by him willfully fail or refuse to remove the same or to comply with the lawful order of the Secretary of the department in which the Coast Guard is operating in the premises, such persons, corporation, or association shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding $5,000, and every month such persons, corporation, or association shall remain in default in respect to the removal or alteration of such bridge shall be deemed a new offense, and subject the persons, corporation, or association so offending to the penalties above prescribed.

(b) Proper repair requirement No owner or operator of any bridge, drawbridge, or causeway shall endanger, unreasonably obstruct, or make hazardous the free navigation of any navigable water of the United States by reason of the failure to keep the bridge, drawbridge, or causeway and any accessory works in proper repair.

(c) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of this section, or any order issued under this section, shall be liable to a civil penalty of not more than $5,000foraviolationoccurringin2004;$10,000 for a violation occurring in 2005; $15,000foraviolationoccurringin2006;$20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.

§ 503 to 507 Repealed. Pub. L. 100–17, title I, § 135(d), Apr. 2, 1987, 101 Stat. 174

§ 508 Amount of tolls

Tolls for passage or transit over any bridge constructed under the authority of the Act of March 23, 1906 , commonly known as the “Bridge Act of 1906”, the General Bridge Act of 1946 [ 33 U.S.C. 525 et seq.], and the International Bridge Act of 1972 [ 33 U.S.C. 535 et seq.] shall be just and reasonable. ( Pub. L. 100–17, title I, § 135(i) , Apr. 2, 1987 , 101 Stat. 174 .)

§ 511 Definitions

When used in this subchapter, unless the context indicates otherwise— The term “alteration” includes changes of any kind, reconstruction, or removal in whole or in part. The term “bridge” means a lawful bridge over navigable waters of the United States, including approaches, fenders, and appurtenances thereto, which is used and operated for the purpose of carrying railroad traffic, or both railroad and highway traffic, or if a State, county, municipality, or other political subdivision is the owner or joint owner thereof, which is used and operated for the purpose of carrying highway traffic. The term “bridge owner” means any State, county, municipality, or other political subdivision, or any corporation, association, partnership, or individual owning, or jointly owning, any bridge, and, when any bridge shall be in the possession or under the control of any trustee, receiver, trustee in a case under title 11, or lessee, such terms shall include both the owner of the legal title and the person or the entity in possession or control of such bridge. The term “Secretary” means the Secretary of the department in which the Coast Guard is operating. The term “United States”, when used in a geographical sense, includes the Territories and possessions of the United States. ( June 21, 1940, ch. 409, § 1 , 54 Stat. 497 ; July 16, 1952, ch. 889, § 1 , 66 Stat. 732 ; Pub. L. 95–598, title III, § 323 , Nov. 6, 1978 , 92 Stat. 2679 ; Pub. L. 97–449, § 2(d)(2) , Jan. 12, 1983 , 96 Stat. 2440 ; Pub. L. 114–120, title III, § 306(b)(4)(A) , Feb. 8, 2016 , 130 Stat. 55 .)

§ 512 Obstruction of navigation

No bridge shall at any time unreasonably obstruct the free navigation of any navigable waters of the United States. ( June 21, 1940, ch. 409, § 2 , 54 Stat. 498 .)

§ 513 Notice, hearings, and findings

Whenever any bridge shall, in the opinion of the Secretary, at any time unreasonably obstruct such navigation, it shall be the duty of the Secretary, after notice to interested parties, to hold a hearing at which the bridge owner, those interested in water navigation thereunder or therethrough, those interested in either railroad or highway traffic thereover, and any other party or parties in interest shall have full opportunity to offer evidence and be heard as to whether any alteration of such bridge is needed, and if so what alterations are needed, having due regard to the necessity of free and unobstructed water navigation and to the necessities of the rail or highway traffic. If, upon such hearing, the Secretary determines that any alterations of such bridge are necessary in order to render navigation through or under it reasonably free, easy, and unobstructed, having due regard also for the necessities of rail or highway traffic thereover, he shall so find and shall issue and cause to be served upon interested parties an order requiring such alterations of such bridge as he finds to be reasonably necessary for the purposes of navigation. ( June 21, 1940, ch. 409, § 3 , 54 Stat. 498 .)

§ 514 Submission and approval of general plans and specifications

After the service of an order under this subchapter, it shall be the duty of the bridge owner to prepare and submit to the Secretary of the department in which the Coast Guard is operating, within a reasonable time as prescribed by the Secretary, general plans and specifications to provide for the alteration of such bridge in accordance with such order, and for such additional alteration of such bridge as the bridge owner may desire to meet the necessities of railroad or highway traffic, or both. The Secretary may approve or reject such general plans and specifications, in whole or in part, and may require the submission of new or additional plans and specifications, but when the Secretary shall have approved general plans and specifications, they shall be final and binding upon all parties unless changes therein be afterward approved by the Secretary and the bridge owner. ( June 21, 1940, ch. 409, § 4 , 54 Stat. 498 ; Pub. L. 94–587, § 119 , Oct. 22, 1976 , 90 Stat. 2924 ; Pub. L. 114–120, title III, § 306(b)(4)(B) , Feb. 8, 2016 , 130 Stat. 55 .)

§ 515 Contracts for project; guaranty of cost

After approval of such general plans and specifications by the Secretary, and after notification of such approval, the bridge owner shall, in such manner and within such times as the Secretary may prescribe, take bids for the alteration of such bridge in accordance with such general plans and specifications. All bids, including any bid for all or part of the project submitted by the bridge owner, shall be submitted to the Secretary, together with a recommendation by the bridge owner as to the most competent bid or bids, and at the same time the bridge owner shall submit to the Secretary a written guaranty that the total cost of the project, including the cost of such work as is to be performed by the bridge owner and not included in the work to be performed by contract, shall not exceed the sum stated in said guaranty. The Secretary may direct the bridge owner to reject all bids and to take new bids, or may authorize the bridge owner to proceed with the project, by contract, or partly by contract and partly by the bridge owner, or wholly by the bridge owner. Upon such authorization and fixing of the proportionate shares of the cost as provided in section 516 of this title , the bridge owner shall, within a reasonable time to be prescribed by the Secretary, proceed with the work of alteration; and the cost thereof shall be borne by the United States and by the bridge owner, as provided in sections 516 and 517 of this title: Provided , That where funds have been appropriated for part only of a project, the bridge owner may take bids for part only of the work. In the event the bridge owner proceeds with the alteration through the taking of successive partial bids, the bridge owner shall, if required by the Secretary, submit a revised guaranty of cost after bids are accepted for successive parts of the work. ( June 21, 1940, ch. 409, § 5 , 54 Stat. 498 ; Pub. L. 85–640, § 1(a) , (b), Aug. 14, 1958 , 72 Stat. 595 .)

§ 516 Apportionment of cost

At the time the Secretary shall authorize the bridge owner to proceed with the project, as provided in section 515 of this title , and after an opportunity to the bridge owner to be heard thereon, the Secretary shall determine and issue an order specifying the proportionate shares of the total cost of the project to be borne by the United States and by the bridge owner. Such apportionment shall be made on the following basis: The bridge owner shall bear such part of the cost as is attributable to the direct and special benefits which will accrue to the bridge owner as a result of the alteration, including the expectable savings in repair or maintenance costs; and that part of the cost attributable to the requirements of traffic by railroad or highway, or both, including any expenditure for increased carrying capacity of the bridge, and including such proportion of the actual capital cost of the old bridge or of such part of the old bridge as may be altered or changed or rebuilt, as the used service life of the whole or a part, as the case may be, bears to the total estimated service life of the whole or such part: Provided , That in the event the alteration or relocation of any bridge may be desirable for the reason that the bridge unreasonably obstructs navigation, but also for some other reason, the Secretary may require equitable contribution from any interested person, firm, association, corporation, municipality, county, or State desiring such alteration or relocation for such other reason, as a condition precedent to the making of an order for such alteration or relocation. The United States shall bear the balance of the cost, including that part attributable to the necessities of navigation: And provided further , That where the bridge owner proceeds with the alteration on a successive partial bid basis the Secretary is authorized to issue an order of apportionment of cost for the entire alteration based on the accepted bid for the first part of the alteration and an estimate of cost for the remainder of the work. The Secretary is authorized to revise the order of apportionment of cost, to the extent he deems reasonable and proper, to meet any changed conditions. ( June 21, 1940, ch. 409, § 6 , 54 Stat. 499 ; July 16, 1952, ch. 889, § 2 , 66 Stat. 733 ; Pub. L. 85–640, § 1(c) , Aug. 14, 1958 , 72 Stat. 595 .)

§ 517 Payment of share of United States

Following service of the order requiring alteration of the bridge, the Secretary of the department in which the Coast Guard is operating may make partial payments as the work progresses to the extent that funds have been appropriated. The total payments out of Federal funds shall not exceed the proportionate share of the United States of the total cost of the project paid or incurred by the bridge owner, and, if such total cost exceeds the cost guaranteed by the bridge owner, shall not exceed the proportionate share of the United States of such guaranteed cost, except that if the cost of the work exceeds the guaranteed cost by reason of emergencies, conditions beyond the control of the owner, or unforeseen or undetermined conditions, the Secretary of the department in which the Coast Guard is operating may, after full review of all the circumstances, provide for additional payments by the United States to help defray such excess cost to the extent he deems to be reasonable and proper, and shall certify such additional payments to the Secretary of the Treasury for payment. All payments to any bridge owner herein provided for shall be made by the Secretary of the Treasury through the Fiscal Service upon certifications of the Secretary of the department in which the Coast Guard is operating. ( June 21, 1940, ch. 409, § 7 , 54 Stat. 499 ; 1940 Reorg. Plan No. III, § 1(a)(1), eff. June 30, 1940 , 5 F.R. 2107, 54 Stat. 1231 ; Pub. L. 85–640, § 1(d) , Aug. 14, 1958 , 72 Stat. 596 ; Pub. L. 91–605, title I, § 118 , Dec. 31, 1970 , 84 Stat. 1725 ; Pub. L. 97–449, § 2(d)(1) , Jan. 12, 1983 , 96 Stat. 2440 ; Pub. L. 114–120, title III, § 306(b)(4)(C) , Feb. 8, 2016 , 130 Stat. 55 .)

§ 518 Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter. ( June 21, 1940, ch. 409, § 8 , 54 Stat. 500 .)

§ 519 Noncompliance with orders; penalties; removal of bridge

Any bridge owner who shall willfully fail or refuse to comply with any lawful order of the Secretary, made in accordance with the provisions of this subchapter, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such bridge owner shall remain in default shall be deemed a new offense and subject such bridge owner to additional penalties therefor. In addition to the penalties above prescribed the Secretary may, upon the failure or refusal of any bridge owner to comply with any lawful order issued by the Secretary in regard thereto, cause the removal of any such bridge and accessory works at the expense of the bridge owner; and suit for such expense may be brought in the name of the United States against such bridge owner and recovery had for such expense in any court of competent jurisdiction. The removal of any bridge erected or maintained in violation of the provisions of this subchapter or the order or direction of the Secretary made in pursuance thereof, and compliance with any order of the Secretary made with respect to any bridge in accordance with the provisions of this subchapter, may be enforced by injunction, mandamus, or other summary process upon application to the district court of any district in which such bridge may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary. ( June 21, 1940, ch. 409, § 9 , 54 Stat. 500 .)

§ 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 .)

§ 521 Regulations and orders

The Secretary is authorized to prescribe such rules and regulations, and to make and issue such orders, as may be necessary or appropriate for carrying out the provisions of this subchapter. ( June 21, 1940, ch. 409, § 11 , 54 Stat. 501 .)

§ 522 Existing provisions of law

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. ( June 21, 1940, ch. 409, § 12 , 54 Stat. 501 ; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(b), Jan. 1, 2021 , 134 Stat. 4754 ; Pub. L. 117–263, div. K, title CXVIII, § 11805(a) , (c), Dec. 23, 2022 , 136 Stat. 4164 , 4165.)

§ 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 .)

§ 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 .)

§ 525 Construction and operation of bridges

(a) Consent of Congress 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 this subchapter.

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

(c) Private highway toll bridges Notwithstanding the provisions of subsections (a) and (b), 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 Secretary of Transportation and, if approved by the Secretary of Transportation, approval by the highway departments shall not be required.

§ 526 Repealed. Pub. L. 100–17, title I, § 135(e), Apr. 2, 1987, 101 Stat. 174

§ 526a Repealed. Pub. L. 100–17, title I, § 135(f), Apr. 2, 1987, 101 Stat. 174

§ 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 .)

§ 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 .)

§ 529 Repealed. Pub. L. 100–17, title I, § 135(e), Apr. 2, 1987, 101 Stat. 174

§ 530 Bridges included and excluded

The provisions of this subchapter 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 this subchapter; and the provisions of the first proviso of section 401 of this title , and the provisions of sections 491 to 494 and 495 to 498 of this title, shall not apply to such bridges. ( Aug. 2, 1946, ch. 753 , title V, § 507, 60 Stat. 849 .)

§ 531 International bridges

This subchapter 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 .)

§ 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 this subchapter 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 .)

§ 533 Penalties for violations

(a) Criminal penalties for violation Any person who willfully fails or refuses to comply with any lawful order of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers issued under the provisions of this subchapter, or who willfully fails to comply with any specific condition imposed by the Chief of Engineers and the Secretary of the department in which the Coast Guard is operating relating to the maintenance and operation of bridges, or who willfully refuses to produce books, papers, or documents in obedience to a subpena or other lawful requirement under this subchapter, or who otherwise willfully violates any provisions of this subchapter, 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.

(b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of this subchapter, or any order issued under this subchapter, shall be liable to a civil penalty of not more than $5,000foraviolationoccurringin2004;$10,000 for a violation occurring in 2005; $15,000foraviolationoccurringin2006;$20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.

§ 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 .)

§ 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 .)

§ 535a Congressional consent to State agreements with Canada and Mexico; Secretary of State’s approval of agreements

The consent of Congress is hereby granted for a State or a subdivision or instrumentality thereof to enter into agreements— with the Government of Canada, a Canadian Province, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Canada, or with the Government of Mexico, a Mexican State, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Mexico, for the construction, operation, and maintenance of such bridge in accordance with the applicable provisions of this subchapter. The effectiveness of such agreement shall be conditioned on its approval by the Secretary of State. ( Pub. L. 92–434, § 3 , Sept. 26, 1972 , 86 Stat. 731 .)

§ 535b Presidential approval; recommendations of Federal officials

No bridge may be constructed, maintained, and operated as provided in section 535 of this title unless the President has given his approval thereto. In the course of determining whether to grant such approval, the President shall secure the advice and recommendations of (1) the United States section of the International Boundary and Water Commission, United States and Mexico, in the case of a bridge connecting the United States and Mexico, and (2) the heads of such departments and agencies of the Federal Government as he deems appropriate to determine the necessity for such bridge. ( Pub. L. 92–434, § 4 , Sept. 26, 1972 , 86 Stat. 731 .)

§ 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 .)

§ 535d Permitting for international bridges

(a) Definitions In this section: The term “eligible applicant” means an entity that has submitted an application for a Presidential permit during the period beginning on December 1, 2020 , and ending on December 31, 2024 , for any of the following: 1 or more international bridges in Webb County, Texas. An international bridge in Cameron County, Texas. An international bridge in Maverick County, Texas. The term “Presidential permit” means— an approval by the President to construct, maintain, and operate an international bridge under section 535b of this title ; or an approval by the President to construct, maintain, and operate an international bridge pursuant to a process described in Executive Order 13867 (84 Fed. Reg. 15491; relating to Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States) (or any successor Executive Order). The term “Presidential permit” includes an amendment to an approval described in clause (i) or (ii) of subparagraph (A). The term “Secretary” means the Secretary of State.

(b) Application An eligible applicant for a Presidential permit to construct, maintain, and operate an international bridge shall submit an application for the permit to the Secretary.

(c) Recommendation Not later than 60 days after the date on which the Secretary receives an application under subsection (b), the Secretary shall make a recommendation to the President— to grant the Presidential permit; or to deny the Presidential permit. The basis for a recommendation under paragraph (1) shall be whether the international bridge is in the foreign policy interests of the United States.

(d) Presidential action The President shall grant or deny the Presidential permit for an application under subsection (b) by not later than 60 days after the earlier of— the date on which the Secretary makes a recommendation under subsection (c)(1); and the date on which the Secretary is required to make a recommendation under subsection (c)(1). Subject to subparagraph (B), if the President does not grant or deny the Presidential permit for an application under subsection (b) by the deadline described in paragraph (1), the Presidential permit shall be considered to have been granted as of that deadline. As a condition on a Presidential permit considered to be granted under subparagraph (A), the eligible applicant shall complete all applicable environmental documents required pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq.).

(e) Document requirements Notwithstanding any other provision of law, the Secretary shall not require an eligible applicant for a Presidential permit— to include in the application under subsection (b) environmental documents prepared pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq.); or to have completed any environmental review under Public Law 91–190 ( 42 U.S.C. 4321 et seq.) prior to the President granting a Presidential permit under subsection (d).

(f) Rules of construction Nothing in this section— prohibits the President from granting a Presidential permit conditioned on the eligible applicant completing all environmental documents pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq.) and complying with relevant laws; prohibits the Secretary from requesting a list of all permits and approvals from Federal, State, and local agencies that the eligible applicant believes are required in connection with the international bridge, or a brief description of how those permits and approvals will be acquired prior to making a recommendation to the President; exempts an eligible applicant from the requirement to complete all environmental documents pursuant to Public Law 91–190 ( 42 U.S.C. 4321 et seq.) prior to construction of an international bridge; or exempts an eligible applicant from complying with Public Law 91–190 ( 42 U.S.C. 4321 et seq.) or any other law.

§ 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.

§ 535f Applicability of provisions

This subchapter shall apply to all international bridges constructed under the authority of this subchapter. Section 535a of this title and section 129(a)(3) of title 23 , shall apply to all international bridges the construction of which has been heretofore approved by Congress, notwithstanding any conflicting provision in any Act authorizing the construction of such a bridge or in any agreement entered into by the Federal Government and a State. ( Pub. L. 92–434, § 9 , Sept. 26, 1972 , 86 Stat. 733 .)

§ 535g Federal navigable waters and commerce jurisdiction unaffected

Nothing in this subchapter shall be construed to affect, impair, or diminish any right, power, or jurisdiction of the United States over or in regard to any navigable water or any interstate or foreign commerce. ( Pub. L. 92–434, § 10 , Sept. 26, 1972 , 86 Stat. 733 .)

§ 535h Repealed. Pub. L. 114–120, title III, § 306(b)(6)(C), Feb. 8, 2016, 130 Stat. 56

§ 535i Reservation of right to alter or repeal

The right to alter, amend, or repeal this subchapter is expressly reserved. ( Pub. L. 92–434, § 12 , Sept. 26, 1972 , 86 Stat. 733 .)