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33 U.S.C. § 523 — Relocation of bridges

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

33 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section516&num=0&edition=prelim) in the case of an alteration and the share of the United States paid from the appropriation authorized in [section 518 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section518&num=0&edition=prelim): 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.

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Stable record: federal_law:legal_authorities:record_usc_539e36cf26d71fca6d5ce0d2
Source file: Laws/federal/codes/united-states-code/title-33/section-523-relocation-of-bridges--8b39c77d99.md
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Source location: Title 33, Chapter 11, § 523; chapter-011-bridges-over-navigable-waters.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section516&num=0&edition=prelim) in the case of an alteration and the share of the United States paid from the appropriation authorized in [section 518 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section518&num=0&edition=prelim): 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.

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

33 U.S.C. § 518 — Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter.

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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. § 523 — Relocation of bridges

Page 112 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 523 Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 11805(c), struck out ‘‘, except to the extent provided in this section’’ before period at end. Pub. L. 117–263, § 11805(a), reinstated section 12(a) of the act of June 21, 1940, as it appeared before repeal by Pub. L. 116–283, and redesignated it as the sole text of section 12. 2021—Pub. L. 116–283 repealed this section. Text of subsec. (a) was reinstated by Pub. L. 117–263 and redes- ignated as text of entire section. See above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. K, title CXVIII, § 11805(b), Dec. 23, 2022, 136 Stat. 4165, provided that: ‘‘The provision rein- stated under subsection (a) [this section] shall be treat- ed as if such section 8507(b) [of Pub. L. 116–283, which had repealed this section] had never taken effect.’’ § 523. Relocation of bridges If the owner of any bridge and the Secretary shall agree that in order to remove an obstruc- tion 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 pref- erable to an alteration of the existing bridge, such relocation or new construction may be car- ried 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, sta- tions, tracks, spurs, sidings, switches, signals, and other railroad facilities and property, and relocation of shippers required for railroad con- nection with the bridge at the new site, shall be apportioned as between the bridge owner and the United States in the man

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