Appendix A to Part 277 - Sec. 6, Pub. L. 647, as Amended (33 U.S.C. 516)
33:3.0.1.1.17.0.2.9.14 : Appendix A
Appendix A to Part 277 - Sec. 6, Pub. L. 647, as Amended (33 U.S.C.
516)
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 costs,
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.
*Secretary of Transportation.
(June 21, 1940, ch. 409, Section 6, 54 Stat. 499; July 16, 1952,
ch. 889, Section 2, 66 Stat. 733; Aug. 14, 1958, Public Law 85-640,
Section 1(c), 72 Stat. 595.)