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§ 320. —  Bridges on Federal dams.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 23USC320]

 
                           TITLE 23--HIGHWAYS
 
                      CHAPTER 3--GENERAL PROVISIONS
 
Sec. 320. Bridges on Federal dams

    (a) Each executive department, independent establishment, office, 
board, bureau, commission, authority, administration, corporation wholly 
owned or controlled by the United States, or other agency of the 
Government of the United States, hereinafter collectively and 
individually referred to as ``agency'', which on or after July 29, 1946, 
has jurisdiction over and custody of any dam constructed or to be 
constructed and owned by or for the United States, is authorized, with 
any funds available to it, to design and construct any such dam in such 
manner that it will constitute and serve as a suitable and adequate 
foundation to support a public highway bridge upon and across such dam, 
and to design and construct upon the foundation thus provided a public 
highway bridge upon and across such dam. The highway department of the 
State in which such dam shall be located, jointly with the Secretary, 
shall first determine and certify to such agency that such bridge is 
economically desirable and needed as a link in the State or Federal-aid 
highway systems, and shall request such agency to design and construct 
such dam so that it will serve as a suitable and adequate foundation for 
a public highway bridge and to design and construct such public highway 
bridge upon and across such dam, and shall agree to reimburse such 
agency pursuant to subsection (d) of this section for any additional 
costs which it may be required to incur because of the design and 
construction of such dam so that it will serve as a foundation for a 
public highway bridge and for expenditures which it may find it 
necessary to make in designing and constructing such public highway 
bridge upon and across such dam. In no case shall the design and 
construction of a bridge upon and across such dam be undertaken 
hereunder except by the agency having jurisdiction over and custody of 
the dam, acting directly or through contractors employed by it, and 
after such agency shall determine that it will be structurally feasible 
and will not interfere with the proper functioning and operation of the 
dam.
    (b) Construction of any bridge upon and across any dam pursuant to 
this section shall not be commenced unless and until the State in which 
such bridge is to be located, or the appropriate subdivision of such 
State, shall enter into an agreement with such agency and with the 
Secretary to construct, or cause to be constructed, with or without the 
aid of Federal funds, the approach roads necessary to connect such 
bridge with existing public highways and to maintain, or cause to be 
maintained, such approach roads from and after their completion. Such 
agreement may also provide for the design and construction of such 
bridge upon and across the dam by such agency of the United States and 
for reimbursing such agency the costs incurred by it in the design and 
construction of the bridge as provided in subsection (d) of this 
section. Any such agency is hereby authorized to convey to the State, or 
to the appropriate subdivision thereof, without costs, such easements 
and rights-of-way in its custody or over lands of the United States in 
its custody and control as may be necessary, convenient, or proper for 
the location, construction, and maintenance of the approach roads 
referred to in this section including such roadside parks or 
recreational areas of limited size as may be deemed necessary for the 
accommodation of the traveling public. Any bridge constructed pursuant 
to this section upon and across a dam in the custody and jurisdiction of 
any agency of the United States, including such portion thereof, if any, 
as may extend beyond the physical limits of the dam, shall constitute 
and remain a part of said dam and be maintained by the agency. Any such 
agency may enter into any such contracts and agreements with the State 
or its subdivisions respecting public use of any bridge so located and 
constructed as may be deemed appropriate, but no such bridge shall be 
closed to public use by the agency except in cases of emergency or when 
deemed necessary in the interest of national security.
    (c) All costs and expenses incurred and expenditures made by any 
agency in the exercise of the powers and authority conferred by this 
section (but not including any costs, expenses, or expenditures which 
would have been required in any event to satisfy a legal road or bridge 
relocation obligation or to meet operating or other agency needs) shall 
be recorded and kept separate and apart from the other costs, expenses, 
and expenditures of such agency, and no portion thereof shall be charged 
or allocated to flood control, navigation, irrigation, fertilizer 
production, the national defense, the development of power, or other 
program, purpose, or function of such agency.
    (d) Not to exceed $65,000,000 of any money heretofore or hereafter 
appropriated for expenditure in accordance with the provisions of this 
title or prior Acts shall be available for expenditure by the Secretary 
in accordance with the provisions of this section, as an emergency fund, 
to reimburse any agency for any additional costs or expenditures which 
it may be required to incur because of the design and construction of 
any such dam so that it will constitute and serve as a foundation for a 
public highway bridge upon and across such dam and to reimburse any such 
agency for any costs, expenses, or expenditures which it may be required 
to make in designing and constructing any such bridge upon and across a 
dam in accordance with the provisions of this section, except such 
costs, expenses, or expenditures as would have been required of such 
agency in any event to satisfy a legal obligation to relocate a highway 
or bridge or to meet operating or other agency needs, and there is 
authorized to be appropriated any sum or sums necessary to reimburse the 
funds so expended by the Secretary from time to time under the authority 
of this section. Of each bridge constructed upon and across a dam under 
the provisions of this section, there may be financed wholly with 
Federal funds that portion thereof which is located within the physical 
limits of the masonry structure, or structures, of the dam, and the 
Secretary shall in his sole discretion determine what additional portion 
of the bridge, if any, may be so financed, such determination to be 
final and conclusive. The remainder of the bridge, and any necessary 
related approach roads, shall be financed by the State or its 
appropriate subdivision with or without the aid of Federal funds; but 
said portion of the bridge so financed by the State or its subdivisions, 
including such portion thereof, if any, as may extend beyond the 
physical limits of the dam, shall nevertheless be designed and 
constructed solely by the agency having custody and jurisdiction of the 
dam as provided in subsection (a) of this section.
    (e) In making, reviewing, or approving the design of any bridge or 
approach structure to be constructed under this section, the agency 
shall, in matters relating to roadway design, loadings, clearances and 
widths, and traffic safeguards, give full consideration to and be guided 
by the standards and advice of the Secretary.
    (f) The authority conferred by this section shall be in addition to 
and not in limitation of authority conferred upon any agency by any 
other law, and nothing in this section contained shall affect or be 
deemed to relate to any bridge, approach structure, or highway 
constructed or to be constructed by any such agency in furtherance of 
its lawful purposes and requirements or to satisfy a legal obligation 
incurred independently of this section.

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 917; Pub. L. 86-342, title I, 
Sec. 108, Sept. 21, 1959, 73 Stat. 613; Pub. L. 88-423, Sec. 4(c), Aug. 
13, 1964, 78 Stat. 398; Pub. L. 91-605, title I, Sec. 116(a), Dec. 31, 
1970, 84 Stat. 1724; Pub. L. 93-87, title I, Sec. 128(a), Aug. 13, 1973, 
87 Stat. 265; Pub. L. 93-643, Sec. 123(a), Jan. 4, 1975, 88 Stat. 2290; 
Pub. L. 94-280, title I, Sec. 137(a), May 5, 1976, 90 Stat. 443; Pub. L. 
95-599, title I, Sec. 128(a), Nov. 6, 1978, 92 Stat. 2707.)


                               Amendments

    1978--Subsec. (d). Pub. L. 95-599 substituted ``$65,000,000'' for 
``$50,000,000''.
    1976--Subsec. (d). Pub. L. 94-280 substituted ``$50,000,000'' for 
``$27,761,000''.
    1975--Subsec. (d). Pub. L. 93-643 substituted ``$27,761,000'' for 
``$25,261,000''.
    1973--Subsec. (d). Pub. L. 93-87 substituted ``$25,261,000'' for 
``$16,761,000''.
    1970--Subsec. (d). Pub. L. 91-605 substituted ``$16,761,000'' for 
``$13,000,000''.
    1964--Subsec. (b). Pub. L. 88-423 substituted ``which such bridge is 
to be located, or the appropriate subdivision of such State, shall enter 
into an agreement with such agency and with'' for ``such State, shall 
enter into an agreement with such agency and with which such bridge is 
to be located, or the appropriate subdivision of''.
    1959--Subsec. (d). Pub. L. 86-342 substituted ``$13,000,000'' for 
``$10,000,000''.


   Appropriation Out of Highway Trust Fund of Sums Appropriated Under 
                  Authority of Increased Authorization

    Section 128(b) of Pub. L. 95-599 provided that: ``Sums appropriated 
or expended under authority of the increased authorization established 
by the amendment made by subsection (a) of this section [amending 
subsec. (d) of this section] shall be appropriated out of the Highway 
Trust Fund for the fiscal year ending September 30, 1978, and for 
subsequent fiscal years.''


                Appropriation of Increased Authorization

    Section 137(b) of Pub. L. 94-280 provided that: ``Sums appropriated 
or expended under authority of the increased authorization established 
by the amendment made by subsection (a) of this section [to subsec. (d) 
of this section] shall be appropriated out of the Highway Trust Fund for 
the fiscal year ending September 30, 1977, and for subsequent fiscal 
years.''


        Restriction on Increased Authorization of Appropriations

    Section 116(b) of Pub. L. 91-605 provided that: ``All sums 
appropriated under authority of the increased authorization of 
$3,761,000 established by the amendment made by subsection (a) of this 
section [amending subsec. (d) of this section] shall be available for 
expenditure only in connection with the construction of a bridge across 
Markland Dam on the Ohio River near Markland, Indiana, and Warsaw, 
Kentucky. No such sums shall be appropriated until all applicable 
requirements of section 320 of title 23 of the United States Code have 
been complied with by the appropriate Federal agency, the Secretary of 
Transportation, and the States of Kentucky and Indiana.''
    Section 123(b) of Pub. L. 93-643 provided that: ``All sums 
appropriated under authority of the increased authorization established 
by the amendment made by subsection (a) of this section shall be 
available for expenditure in the same manner and for the same purpose as 
provided for in subsection (b) of section 116 of the Federal-Aid Highway 
Act of 1970 (Public Law 91-605).''
    Section 128(b) of Pub. L. 93-87 provided that: ``All sums 
appropriated under authority of the increased authorization of 
$8,500,000 established by the amendment made by subsection (a) of this 
section [to subsec. (d) of this section] shall be available for 
expenditure only in connection with the construction of a bridge across 
lock and dam numbered 13 on the Arkansas River near Fort Smith, 
Arkansas, in the amount of $2,100,000 and in connection with 
reconstruction of a bridge across the Chickamauga Dam on the Tennessee 
River near Chattanooga, Tennessee, in the amount of $6,400,000. No such 
sums shall be appropriated until all applicable requirements of section 
320 of title 23 of the United States Code have been complied with by the 
appropriate Federal agency, the Secretary of Transportation, and the 
State of Arkansas for the Fort Smith project, and the State of Tennessee 
for the Chattanooga project.''



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