[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR277.6]



[Page 379]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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.

    (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).



[44 FR 31129, May 30, 1979, as amended at 69 FR 54216, Sept. 8, 2004]