33 U.S.C. § 516 — Apportionment of cost

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-