1625-0073 Stat/Authority

Page 97

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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, § 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.)
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.

§ 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

§ 518

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, § 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.)
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.

§ 518. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of this subchapter.
(June 21, 1940, ch. 409, § 8, 54 Stat. 500.)
ALTERATION OF BRIDGES
Pub. L. 108–90, title II, Oct. 1, 2003, 117 Stat. 1144, provided in part: ‘‘That in fiscal year 2004 and thereafter,
funds for bridge alteration projects conducted pursuant
to the Act of June 21, 1940 (33 U.S.C. 511 et seq.) shall
be available for such projects only to the extent that
the steel, iron, and manufactured products used in such
projects are produced in the United States, unless contrary to law or international agreement, or unless the
Commandant of the Coast Guard determines such ac-