[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR277.6]

[Page 370]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 277--WATER RESOURCES POLICIES AND AUTHORITIES: NAVIGATION POLICY: COST APPORTIONMENT OF BRIDGE ALTERATIONS--Table of Contents
 
Sec. 277.6  Basic policies.

    (a) The cost apportionment principles of 33 U.S.C. 516, are 
applicable to the costs of bridge alterations recommended by reporting 
officers in the interest of navigation during preauthorization planning, 
including studies conducted under the Continuing Authorities Program (ER 
1105-2-50).
    (b) 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. That part of the cost 
attributable to the requirements of railroad or highway traffic shall 
also be borne by the bridge owner, to include any expenditure for 
increased carrying capacity of the bridge, and such proportion of the 
actual capital cost of the old bridge as the used service life bears to 
the total estimated service life.
    (c) In general, the Federal government's participation in the cost 
of a bridge alteration shall be limited to providing a functional 
facility equal in every respect, as near as possible, to the existing 
facility, while also providing navigational clearances required to meet 
the anticipated and reasonable needs of navigation.
    (d) If the bridge owner or other local interests desire improvements 
or modifications in the new bridge design for reasons other than that 
required by the navigation improvement project, the reporting officer 
may recommend such improvements if such local interests provide 
necessary assurances to pay the costs apportioned to them.
    (e) In the case of small boat harbors and channels, the costs of 
bridge alterations, strictly for recreation navigation shall be 
apportioned in accordance with the procedures provided in this 
regulation. Bridge alteration costs associated with small boat harbors 
and channels and not apportioned to the bridge owner by the procedures 
in this regulation, shall be cost shared on the basis of 50 percent 
Federal and 50 percent non-Federal, the same as the costs of other 
general navigation facilities.
    (f) Reporting officers shall obtain letters of intent from local 
interests for non-Federal costs apportioned under the provisions of this 
regulation, in accordance with established procedures for 
preauthorization feasibility studies. If such letters cannot be obtained 
from the bridge owner, the reporting officers shall then include in 
their report a statement that the cost of such alterations shall be 
borne by the bridge owner or, in the alternative, be apportioned between 
the bridge owner and the Government as provided under the principles of 
Section 6 of the Truman-Hobbs Act (33 USC 516).