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33 U.S.C. § 523Relocation of bridges

submitted 86 years ago by ch. 409 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 232 words · no verdicts yet

in plain englishAI-generated · not legal advice

The bridge owner and the Secretary may agree to move an existing bridge or build a replacement at a new site when that is preferable. The United States pays its apportioned share under the rules for altering a bridge, but it need not pay for a bridge that is not truly a relocation.

If the bridge owner and the Secretary agree that moving a bridge or building a new one at a new location would better remove a navigation obstruction or serve another purpose, they may do so at the new site and on terms they accept. The relocation or replacement cost includes changes or additions to rights-of-way, stations, tracks, spurs, sidings, switches, signals, other railroad facilities and property, and moving shippers needed to connect the railroad to the bridge. The United States and the bridge owner divide those costs as section 516 divides alteration costs, and the United States pays its share from the appropriation authorized by section 518. The United States is not required to pay any part of building a bridge over a navigable stream if the Secretary of the department in which the Coast Guard operates does not find that the bridge is actually a relocation of an existing bridge.
the actual law source: uscode.house.gov ↗public domain

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 the department in which the Coast Guard is operating shall not find to be, in fact, a relocation of an existing bridge.

Source credit: (June 21, 1940, ch. 409, § 13, 54 Stat. 502; July 16, 1952, ch. 889, § 4, 66 Stat. 733; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 114–120, title III, § 306(b)(4)(D), Feb. 8, 2016, 130 Stat. 55.)

history & why it existsrecord from the source credit
  • 1940Enacted · Act of June 21, 1940, ch. 409 · 54 Stat. 502
  • 1952Amended · Act of July 16, 1952, ch. 889 · 66 Stat. 733
  • 1983Amended · Pub. L. 97-449 · 96 Stat. 2440
  • 2016Amended · Pub. L. 114-120 · 130 Stat. 55

A history note hasn’t been published yet. The record shows enactment by ch. 409 on 1940-06-21.

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