§ 516. — Apportionment of cost.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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.
Section Referred to in Other Sections
This section is referred to in sections 515, 520, 523 of this title.
