§ 528. — Statement of construction costs of privately owned interstate bridges; investigation of costs; conclusiveness of findings; review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC528]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
SUBCHAPTER III--GENERAL BRIDGE AUTHORITY
Sec. 528. Statement of construction costs of privately owned
interstate bridges; investigation of costs; conclusiveness of
findings; review
Within ninety days after the completion of a privately owned
interstate toll bridge, the owner shall file with the Secretary of
Transportation and with the highway departments of the States in which
the bridge is located, a sworn itemized statement showing the actual
original cost of constructing the bridge and its approaches, the actual
cost of acquiring any interest in real property necessary therefor, and
the actual financing and promotion costs. The Secretary of
Transportation may, and upon request of a highway department shall, at
any time within three years after the completion of such bridge,
investigate such costs and determine the accuracy and the reasonableness
of the costs alleged in the statement of costs so filed, and shall make
a finding of the actual and reasonable costs of constructing, financing,
and promoting such bridge. For the purpose of such investigation the
said individual, firm, or corporation, its successors and assigns, shall
make available all of its records in connection with the construction,
financing, and promotion thereof. The findings of the Secretary of
Transportation as to the reasonable costs of the construction,
financing, and promotion of the bridge shall be conclusive for the
purposes mentioned in section 527 of this title subject only to review
in a court of equity for fraud or gross mistake.
(Aug. 2, 1946, ch. 753, title V, Sec. 505, 60 Stat. 848; 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. See Transfer of Functions note
below.
Transfer of Functions
Section 6(g)(6)(C) of Pub. L. 89-670 transferred functions, powers,
and duties of Secretary of the Army [formerly War] and other offices and
officers of Department of the Army [formerly War] under this subchapter
to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States to Secretary
of Transportation. Pub. L. 97-449 amended this section to reflect
transfer made by section 6(g)(6)(C) of Pub. L. 89-670, and repealed
section 6(g)(6)(C).
