Page:United States Statutes at Large Volume 96 Part 2.djvu/1078

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PUBLIC LAW 97-000—MMMM. DD, 1982

96 STAT. 2440

33 USC 1001 ^^^-

PUBLIC LAW 97-449—JAN. 12, 1983

words "Interstate Commerce Commission" wherever they appear and substituting "Secretary of Transportation". (d)(1) Section 7 of the Act of March 4, 1915 (33 U.S.C. 471), rule 9 of section 1 of the Act of February 8, 1895 (33 U.S.C. 258), section 5 of the Act of August 18, 1894 (33 U.S.C. 499), sections 7 and 13 of the Act of June 21, 1940 (33 U.S.C. 517 and 523), the Act of August 21, 1935 (33 U.S.C. 503-507), the Act of March 23, 1906 (33 U.S.C. 491498), and the General Bridge Act of 1946 (33 U.S.C. 525-533) are amended by striking out the words "Secretary of War" wherever they appear and substituting "Secretary of Transportation". (2) The 5th paragraph of section 1 of the Act of June 21, 1940 (33 U.S.C. 511), is amended to read as follows: "The term 'Secretary' means the Secretary of Transportation.". (3) Section 502(c) of the General Bridge Act of 1946 (33 U.S.C. 525(c)) is amended further by striking out the words "Public Roads Administration" and substituting "Secretary of Transportation". (e)(1) Section 2(h) of the Oil Pollution Act, 1961 (33 U.S.C. 1001(h)) is amended to read as follows: "(h) The term 'Secretary' means the Secretary of Transportation;". (2) The amendment made by paragraph (1) of this subsection is repealed when the amendment to section 2(h) of the Oil Pollution Act, 1961, made by section 2(1)(F) of the Oil Pollution Act Amendments of 1973 (Public Law 93-119; 87 Stat. 424), becomes effective. (f) Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is amended to read as follows: "SEC. 9. It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of Transportation, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of Transportation or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of Transportation or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of Transportation or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that 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.".