33 U.S.C. § 515 — Contracts for project; guaranty of cost

Page 109 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 515 tive Dates note preceding section 101 of Title 11, Bank- ruptcy. SHORT TITLE Sections 511 to 523 of this title are popularly known as the ‘‘Hobbs Bridge Act’’ and also as the ‘‘Truman- Hobbs Act’’. 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- 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 L. 89–670, and repealed section 6(g)(3). § 512. Obstruction of navigation No bridge shall at any time unreasonably ob- struct the free navigation of any navigable wa- ters of the United States. (June 21, 1940, ch. 409, § 2, 54 Stat. 498.) § 513. Notice, hearings, and findings Whenever any bridge shall, in the opinion of the Secretary, at any time unreasonably ob- struct such navigation, it shall be the duty of the Secretary, after notice to interested parties, to hold a hearing at which the bridge owner, those interested in water navigation thereunder or therethrough, those interested in either rail- road or highway traffic thereover, and any other party or parties in interest shall have full oppor- tunity to offer evidence and be heard as to whether any alteration of such bridge is needed, and if so what alterations are needed, having due regard to the necessity of free and unob- structed water navigation and to the necessities of the rail or highway traffic. If, upon such hear- ing, the Secretary determines that any alter- ations of such bridge are necessary in order to render navigation through or under it reason- ably free, easy, and unobstructed, having due re- gard also for the necessities of rail or highway traffic thereover, he shall so find and shall issue and cause to be served upon interested parties an order requiring such alterations of such bridge as he finds to be reasonably necessary for the purposes of navigation. (June 21, 1940, ch. 409, § 3, 54 Stat. 498.) § 514. Submission and approval of general plans and specifications After the service of an order under this sub- chapter, it shall be the duty of the bridge owner to prepare and submit to the Secretary of the department in which the Coast Guard is oper- ating, within a reasonable time as prescribed by the Secretary, general plans and specifications to provide for the alteration of such bridge in accordance with such order, and for such addi- tional alteration of such bridge as the bridge owner may desire to meet the necessities of rail- road or highway traffic, or both. The Secretary may approve or reject such general plans and specifications, in whole or in part, and may re- quire the submission of new or additional plans and specifications, but when the Secretary shall have approved general plans and specifications, they shall be final and binding upon all parties unless changes therein be afterward approved by the Secretary and the bridge owner. (June 21, 1940, ch. 409, § 4, 54 Stat. 498; Pub. L. 94–587, § 119, Oct. 22, 1976, 90 Stat. 2924; Pub. L. 114–120, title III, § 306(b)(4)(B), 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’’. 1976—Pub. L. 94–587 substituted provision for prepara- tion and submission of general plans and specifications within a reasonable time as prescribed by the Secretary after the service of an order for provision for such ac- tion within ninety days after service of his order. § 515. Contracts for project; guaranty of cost After approval of such general plans and speci- fications by the Secretary, and after notifica- tion of such approval, the bridge owner shall, in such manner and within such times as the Sec- retary may prescribe, take bids for the alter- ation of such bridge in accordance with such general plans and specifications. All bids, in- cluding any bid for all or part of the project sub- mitted by the bridge owner, shall be submitted to the Secretary, together with a recommenda- tion by the bridge owner as to the most com- petent bid or bids, and at the same time the bridge owner shall submit to the Secretary a written guaranty that the total cost of the project, including the cost of such work as is to be performed by the bridge owner and not in- cluded in the work to be performed by contract, shall not exceed the sum stated in said guar- anty. The Secretary may direct the bridge owner to reject all bids and to take new bids, or may authorize the bridge owner to proceed with the project, by contract, or partly by contract and partly by the bridge owner, or wholly by the bridge owner. Upon such authorization and fix- ing of the proportionate shares of the cost as provided in section 516 of this title, the bridge owner shall, within a reasonable time to be pre- scribed by the Secretary, proceed with the work of alteration; and the cost thereof shall be borne by the United States and by the bridge owner, as provided in sections 516 and 517 of this title: Pro- vided, That where funds have been appropriated for part only of a project, the bridge owner may take bids for part only of the work. In the event the bridge owner proceeds with the alteration through the taking of successive partial bids, the bridge owner shall, if required by the Sec- retary, submit a revised guaranty of cost after bids are accepted for successive parts of the work. (June 21, 1940, ch. 409, § 5, 54 Stat. 498; Pub. L. 85–640, § 1(a), (b), Aug. 14, 1958, 72 Stat. 595.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–640 struck out provisions which re- quired bridge owner to take bids within 90 days after notification of approval of general plans and specifica- tions, and inserted provisions permitting the taking of partial bids where funds have been appropriated for 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-