From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 33USC516]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
 
                  SUBCHAPTER II--ALTERATION OF BRIDGES
 
Sec. 516. Apportionment of cost

    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.

(June 21, 1940, ch. 409, Sec. 6, 54 Stat. 499; July 16, 1952, ch. 889, 
Sec. 2, 66 Stat. 733; Pub. L. 85-640, Sec. 1(c), Aug. 14, 1958, 72 Stat. 
595.)


                               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.