From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 33USC517]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
 
                  SUBCHAPTER II--ALTERATION OF BRIDGES
 
Sec. 517. Payment of share of United States

    Following service of the order requiring alteration of the bridge, 
the Secretary of Transportation 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 Transportation 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 
Transportation.

(June 21, 1940, ch. 409, Sec. 7, 54 Stat. 499; 1940 Reorg. Plan No. III, 
Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Pub. L. 
85-640, Sec. 1(d), Aug. 14, 1958, 72 Stat. 596; Pub. L. 91-605, title I, 
Sec. 118, Dec. 31, 1970, 84 Stat. 1725; Pub. L. 97-449, Sec. 2(d)(1), 
Jan. 12, 1983, 96 Stat. 2440.)


                               Amendments

    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.

                          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).
    ``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.