§ 523. — Relocation of bridges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC523]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
SUBCHAPTER II--ALTERATION OF BRIDGES
Sec. 523. Relocation of bridges
If the owner of any bridge and the Secretary shall agree that in
order to remove an obstruction to navigation, or for any other purpose,
a relocation of such bridge or the construction of a new bridge upon a
new location would be preferable to an alteration of the existing
bridge, such relocation or new construction may be carried out at such
new site and upon such terms as may be acceptable to the bridge owner
and the Secretary, and the cost of such relocation or new construction,
including also any expense of changes in and additions to rights-of-way,
stations, tracks, spurs, sidings, switches, signals, and other railroad
facilities and property, and relocation of shippers required for
railroad connection with the bridge at the new site, shall be
apportioned as between the bridge owner and the United States in the
manner which is provided for in section 516 of this title in the case of
an alteration and the share of the United States paid from the
appropriation authorized in section 518 of this title: Provided, That
nothing in this section shall be construed as requiring the United
States to pay any part of the expense of building any bridge across a
navigable stream which the Secretary of Transportation shall not find to
be, in fact, a relocation of an existing bridge.
(June 21, 1940, ch. 409, Sec. 13, 54 Stat. 502; July 16, 1952, ch. 889,
Sec. 4, 66 Stat. 733; 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''. See Transfer of Functions note below.
1952--Act July 16, 1952, struck out ``used for railroad traffic''
after ``owner of any bridge''.
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 L. 89-670, and repealed section 6(g)(3).
