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33 U.S.C. § 520 — Review of findings and orders

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 520 — Review of findings and orders

Any order made or issued under [section 516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section516&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section516&num=0&edition=prelim), or relieve any bridge owner of any liability or penalty under such provisions.

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Source location: Title 33, Chapter 11, § 520; chapter-011-bridges-over-navigable-waters.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1254 — Courts of appeals; certiorari; certified questions

Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods: (1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree; (2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section515&num=0&edition=prelim), 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 t

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 520 — Review of findings and orders

Page 111 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 522 tation. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(3) of Pub. L. 89–670, and repealed section 6(g)(3). Executive Documents TRANSFER OF FUNCTIONS ‘‘Fiscal Service’’ substituted in text for ‘‘Division of Disbursement’’ on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Govern- ment Organization and Employees, which consolidated such division into Fiscal Service of Department of the Treasury. See section 306 of Title 31, Money and Fi- nance. § 518. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pro- visions of this subchapter. (June 21, 1940, ch. 409, § 8, 54 Stat. 500.) Statutory Notes and Related Subsidiaries ALTERATION OF BRIDGES Pub. L. 108–90, title II, Oct. 1, 2003, 117 Stat. 1144, pro- vided in part: ‘‘That in fiscal year 2004 and thereafter, funds for bridge alteration projects conducted pursuant to the Act of June 21, 1940 (33 U.S.C. 511 et seq.) shall be available for such projects only to the extent that the steel, iron, and manufactured products used in such projects are produced in the United States, unless con- trary to law or international agreement, or unless the Commandant of the Coast Guard determines such ac- tion to be inconsistent with the public interest or the cost unreasonable.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 108–7, div. I, title I, Feb. 20, 2003, 117 Stat. 389. § 519. Noncompliance with orders; penalties; re- moval of bridge Any bridge owner who shall willfully fail or refuse to comply with any lawful order of the

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