Page:United States Statutes at Large Volume 54 Part 1.djvu/535

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

54 STAT.] 76TH CONG. , 3 D SESS.-CH. 409-JUNE 21, 1940 REVIEW OF FIINDINGS AND ORDERS SEC. 10. Any order made or issued under section 6 of this Act may be reviewed by the circuit 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 sections 239 and 240 of the Judicial Code, as amended. 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 remand- ing 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 Act other than section 6, or relieve any bridge owner of any liability or penalty under such provisions. REGULATIONS AND ORDERS SEO. 11 . 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 Act. EXISTING PROVISIONS OF LAW SEc. 12. (a) The first sentence of section 4 of the Act entitled "An Act to regulate the construction of bridges over navigable waters", approved March 23, 1906 (U. S. C ., 1934 edition, title 33, sec. 494), and section 18 of the Act entitled 'An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes", approved March 3, 1899 (U. S . C., 1934 edition, title 33, sec. 502), shall be inapplicable with respect to any bridge to which the provisions of this Act are applicable, except to the extent provided in this section. (b) 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 Act, shall be constructed, reconstructed, or altered as required by such order, and not in accordance with the provisions of this Act. 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 Act applied to such construc- tion, 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 5. (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 501 Review of order. By circuit court of appeals. By U. S. Supreme Court. 28U.S.C.§§346, 347; Supp. V, §347. Limitation. Power of Court. Regulations and orders. Inapplicability of certain Acts. 34 Stat. 85. 30 Stat. 1153. Construction, etc.. not completed on July 1, 1939. Apportionment of cost. Limitations. Construction, etc., not beeun on or before April 1, 1940. Determination as to apportionment, etc. Restriction.