Page:United States Statutes at Large Volume 54 Part 1.djvu/532

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PUBLIC LAWS-CH. 409-JUNE 21, 1940 Obstruction of navi- gation. Notice, hearings, and findings. thereto, used and operated for the purpose of carrying railroad traffic, or both railroad and highway traffic. The term "bridge owner" means any corporation, association, part- nership, or individual owning any bridge, and, when any bridge shall be in the possession or under the control of any trustee, receiver, trustee in bankruptcy, or lessee, said term shall include both the owner of the legal title and the person or entity in possession or control of such bridge. The term "bridge owner" shall also mean and include all joint owners, particularly States, counties, municipalities, or other partici- pants in ownership of bridges for both railroad and highway traffic. The term "Secretary" means the Secretary of War acting directly or through the Chief of Engineers. The term "United States", when used in a geographical sense, includes the Territories and possessions of the United States. OBSTRUCTION OF NAVIGATION SEC. 2. No bridge shall at any time unreasonably obstruct the free navigation of any navigable waters of the United States. NOTICE, REARINGS, AND FINDINGS SEC. 3. 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 altera- tions 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 unob- structed, having due regard also for the necessities of rail or high- way 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. SUBMISSION AND APPROVAL OF GENERAL PLANS AND SPECIFICATIONS Plans, etc.,shong SEC. 4. It shall be the duty of the bridge owner to prepare and submit to the Secretary, within ninety days after service of his order, general plans and specifications to provide for the alteration of such bridge in accordance with such order, and for such additional altera- tion of such bridge as the bridge owner may desire to meet the prejection or ap. 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 gen- eral plans and specifications, they shall be final and binding upon all parties unless changes therein be afterward approved by the Secre- tary and the bridge owner. CONTRACTS FOR PROJECT; GUARANTY OF COST Bi SEC. 5. After approval of such general plans and specifications by the Secretary, and within ninety days after notification of such 498 [54 STAT.