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Title 33, Navigation and Navigable WatersRelease 119-102

§517 Payment of Share of United States

Title 33 › CHAPTER 11 — BRIDGES OVER NAVIGABLE WATERS › SUBCHAPTER II — ALTERATION OF BRIDGES › § 517

Last updated Aug 21, 2026|Official source

Summary

After an order to alter a bridge, the Secretary of the department that runs the Coast Guard can pay the bridge owner in installments while the work is done, if money is available. The federal share cannot be more than the United States’ portion of the owner’s total project cost. If costs go past the owner’s guaranteed amount, payment is usually limited to the United States’ share of that guaranteed amount. If extra costs come from emergencies, things beyond the owner’s control, or unknown conditions, the Secretary can review the facts and approve extra federal help that seems reasonable. The Secretary of the Treasury then makes the payments through the Fiscal Service after getting the Secretary’s certification.

Full Legal Text

Title 33, §517

Navigation and Navigable Waters, Source: USLM XML via OLRC

Following service of the order requiring alteration of the bridge, the Secretary of the department 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 incurred 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, except that if the cost of the work exceeds the guaranteed cost by reason of emergencies, conditions beyond the control of the owner, or unforeseen or undetermined conditions, the Secretary of the department in which the Coast Guard is operating may, after full review of all the circumstances, provide for additional payments by the United States to help defray such excess cost to the extent he deems to be reasonable and proper, and shall certify such additional payments to the Secretary of the Treasury 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 operating.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation” wherever appearing. 1983—Pub. L. 97–449 substituted “Secretary of Transportation” 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 design work performed prior to the actual commencement 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 “Secretary of War” in third sentence. 1958—Pub. L. 85–640 struck out provisions which required 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 Secretary 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 Transportation. 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, Government Organization and Employees, which consolidated such division into Fiscal Service of Department of the Treasury. See section 306 of Title 31, Money and Finance.

Reference

Citations & Metadata

Citation

33 U.S.C. § 517

Title 33, Navigation and Navigable Waters

Last Updated

Aug 21, 2026

Release point: 119-102