33 U.S.C. § 517 — Payment of share of United States

Page 110 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 516 part of a project, and requiring the bridge owner, if re- quested, to submit a revised guaranty of cost. § 516. Apportionment of cost At the time the Secretary shall authorize the bridge owner to proceed with the project, as pro- vided in section 515 of this title, and after an op- portunity to the bridge owner to be heard there- on, 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 ap- portionment shall be made on the following basis: The bridge owner shall bear such part of the cost as is attributable to the direct and spe- cial 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 high- way, or both, including any expenditure for in- creased carrying capacity of the bridge, and in- cluding 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 in- terested person, firm, association, corporation, municipality, county, or State desiring such al- teration 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, includ- ing that part attributable to the necessities of navigation: And provided further, That where the bridge owner proceeds with the alteration on a successive partial bid basis the Secretary is au- thorized to issue an order of apportionment of cost for the entire alteration based on the ac- cepted bid for the first part of the alteration and an estimate of cost for the remainder of the work. The Secretary is authorized to revise the order of apportionment of cost, to the extent he deems reasonable and proper, to meet any changed conditions. (June 21, 1940, ch. 409, § 6, 54 Stat. 499; July 16, 1952, ch. 889, § 2, 66 Stat. 733; Pub. L. 85–640, § 1(c), Aug. 14, 1958, 72 Stat. 595.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–640 permitted issuance of an order of apportionment of cost for entire alteration based on the accepted bid for first part of alteration and an esti- mate of cost for remainder of work where bridge owner proceeds with alteration on a successive partial bid basis. 1952—Act July 16, 1952, made railroads share equally with proprietors of highways in bearing cost of alter- ations necessary to remove obstacles to navigation. § 517. Payment of share of United States Following service of the order requiring alter- ation of the bridge, the Secretary of the depart- ment in which the Coast Guard is operating may make partial payments as the work progresses to the extent that funds have been appropriated. The total payments out of Federal funds shall not exceed the proportionate share of the United States of the total cost of the project paid or in- curred by the bridge owner, and, if such total cost exceeds the cost guaranteed by the bridge owner, shall not exceed the proportionate share of the United States of such guaranteed cost, ex- cept that if the cost of the work exceeds the guaranteed cost by reason of emergencies, con- ditions beyond the control of the owner, or un- foreseen or undetermined conditions, the Sec- retary of the department in which the Coast Guard is operating may, after full review of all the circumstances, provide for additional pay- ments by the United States to help defray such excess cost to the extent he deems to be reason- able and proper, and shall certify such addi- tional payments to the Secretary of the Treas- ury for payment. All payments to any bridge owner herein provided for shall be made by the Secretary of the Treasury through the Fiscal Service upon certifications of the Secretary of the department in which the Coast Guard is op- erating. (June 21, 1940, ch. 409, § 7, 54 Stat. 499; 1940 Reorg. Plan No. III, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Pub. L. 85–640, § 1(d), Aug. 14, 1958, 72 Stat. 596; Pub. L. 91–605, title I, § 118, Dec. 31, 1970, 84 Stat. 1725; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 114–120, title III, § 306(b)(4)(C), Feb. 8, 2016, 130 Stat. 55.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–120 substituted ‘‘Secretary of the de- partment in which the Coast Guard is operating’’ for ‘‘Secretary of Transportation’’ wherever appearing. 1983—Pub. L. 97–449 substituted ‘‘Secretary of Trans- portation’’ for ‘‘Secretary of War’’ wherever appearing, which substitution had previously been made by Pub. L. 91–605. See, also, Transfer of Functions note below. 1970—Pub. L. 91–605 substituted provision permitting Secretary of Transportation to make payments for de- sign work performed prior to the actual commence- ment of bridge alteration but after the order to alter has been issued for provision requiring Secretary of War to approve alteration plans, the cost guaranty, the fixing of proportionate shares as between the United States and bridge owner, and the commencement of the alteration, before the Chief of Engineers may make payments for bridge alteration, inserted reference to Secretary of Transportation in second sentence, and substituted ‘‘Secretary of Transportation’’ for ‘‘Sec- retary of War’’ in third sentence. 1958—Pub. L. 85–640 struck out provisions which re- quired Secretary of War to furnish to Secretary of the Treasury a certified copy of his approval of the plans and specifications and guaranty, and of his order fixing the proportionate shares, and which required the Sec- retary of the Treasury to set aside the share of the United States for the project. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Section 6(g)(3) of Pub. L. 89–670 transferred functions, powers, and duties of Secretary of the Army [formerly War] and other officers and offices of Department of the Army [formerly War] relating to obstructive bridges under this subchapter to Secretary of Transpor- 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 Secretary, made in accordance with the provi- sions of this subchapter, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent ju- risdiction by a fine not exceeding $5,000, and every month such bridge owner shall remain in default shall be deemed a new offense and sub- ject such bridge owner to additional penalties therefor. In addition to the penalties above pre- scribed the Secretary may, upon the failure or refusal of any bridge owner to comply with any lawful order issued by the Secretary in regard thereto, cause the removal of any such bridge and accessory works at the expense of the bridge owner; and suit for such expense may be brought in the name of the United States against such bridge owner and recovery had for such expense in any court of competent jurisdiction. The re- moval of any bridge erected or maintained in violation of the provisions of this subchapter or the order or direction of the Secretary made in pursuance thereof, and compliance with any order of the Secretary made with respect to any bridge in accordance with the provisions of this subchapter, may be enforced by injunction, mandamus, or other summary process upon ap- plication to the district court of any district in which such bridge may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary. (June 21, 1940, ch. 409, § 9, 54 Stat. 500.) § 520. Review of findings and orders Any order made or issued under section 516 of this title may be reviewed by the court of ap- peals for any judicial circuit in which the bridge in question is wholly or partly located, if a peti- tion for such review is filed within three months after the date such order is issued. The judg- ment 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. The review by such Court shall be limited to questions of law, and the findings of fact by the Secretary, if supported by sub- stantial 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 sub- chapter other than section 516 of this title, or relieve any bridge owner of any liability or pen- alty under such provisions. (June 21, 1940, ch. 409, § 10, 54 Stat. 501; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) Editorial Notes CODIFICATION ‘‘Section 1254 of title 28’’ substituted in text for ‘‘sec- tions 239 and 240 of the Judicial Code, as amended’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, sec- tion 1 of which enacted Title 28, Judiciary and Judicial Procedure. Prior to the enactment of Title 28, sections 239 and 240 of the Judicial Code were classified to sec- tions 346 and 347 of Title 28. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of ap- peals’’. § 521. Regulations and orders 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 sub- chapter. (June 21, 1940, ch. 409, § 11, 54 Stat. 501.) § 522. Existing provisions of law The first sentence of section 494 of this title, and section 502 of this title, shall be inapplicable with respect to any bridge to which the provi- sions of this subchapter are applicable. (June 21, 1940, ch. 409, § 12, 54 Stat. 501; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(b), Jan. 1, 2021, 134 Stat. 4754; Pub. L. 117–263, div. K, title CXVIII, § 11805(a), (c), Dec. 23, 2022, 136 Stat. 4164, 4165.)