§ 517. — Payment of share of United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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.
Section Referred to in Other Sections
This section is referred to in section 515 of this title.
