§516 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

When the Secretary approves a bridge change under section 515 and the bridge owner has had a chance to be heard, the Secretary must issue an order that splits the total project cost between the United States and the bridge owner. The bridge owner must pay the share that comes from direct benefits to the owner, like expected savings in repairs, and the share tied to traffic needs (rail or highway), including added carrying capacity. The owner also pays a portion of the old bridge’s capital cost equal to the part of its service life already used divided by its total estimated service life. The Secretary can require fair payment from anyone who asks for the change for reasons other than navigation. The United States pays the rest, including costs needed for navigation. If the work is done in stages, the Secretary can set the full cost split based on the first accepted bid and an estimate for the rest. The Secretary may revise the split later if conditions change.

Title 33, §516

Navigation and Navigable Waters — Source: USLM XML via OLRC

At the time the Secretary shall authorize the bridge owner to proceed with the project, as provided in section 515 of this title, 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 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 authorized to issue an order of apportionment of cost for the entire alteration based on the accepted 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.

Notes & Related Subsidiaries

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 estimate 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 alterations necessary to remove obstacles to navigation.

§516 Apportionment of Cost

Summary

Title 33, §516

Notes & Related Subsidiaries

Editorial Notes

Amendments

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