§ 831c-1. — Bridges endangered or damaged by dams, etc.; compensation of and contracts with owner for protection, replacements, etc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC831c-1]
TITLE 16--CONSERVATION
CHAPTER 12A--TENNESSEE VALLEY AUTHORITY
Sec. 831c-1. Bridges endangered or damaged by dams, etc.;
compensation of and contracts with owner for protection,
replacement, etc.
(a) Structures on Tennessee River or tributaries
Whenever, as the result of the construction of any dam, reservoir,
or other improvement under the provisions of this chapter, or amendments
thereto, including any improvement of the navigable channel to
accommodate the growth of navigation or changes in navigation
requirements within the reservoir created by any dam in the custody of
the Tennessee Valley Authority, any bridge, trestle, or other highway or
railroad structure located over, upon, or across the Tennessee River or
any of its navigable tributaries, including approaches, fenders and
appurtenances thereto, is endangered or otherwise adversely affected and
damaged, including any interference with or impairment of its use, or,
in the judgment of the Board of Directors of the Tennessee Valley
Authority, needs to be raised, widened, or otherwise altered to provide
the navigation clearances required for completion of the navigable
channel to be provided by such improvement, to the extent that
protection, alteration, reconstruction, relocation, or replacement is
necessary or proper to preserve its safety or utility or to meet the
requirements of navigation or flood control, or both, the owner or
owners of such bridge, trestle, or structure shall be compensated by the
Tennessee Valley Authority in the sum of the reasonable actual cost of
such protection, alteration, reconstruction, relocation, or replacement:
Provided, That in arriving at the amount of such compensation the bridge
owner shall be charged with a sum which shall equal the net value to the
owner of any direct and special benefits accruing to the owner from any
improvement or addition or betterment of the altered, reconstructed,
relocated, or replaced bridge, trestle, or structure. The Tennessee
Valley Authority is empowered to contract with such owner with respect
to any such protection, alteration, reconstruction, relocation, or
replacement, the payment of the cost thereof and its proper division,
which contract may provide either for money compensation or for the
performance of all or any part of the work by the Tennessee Valley
Authority.
(b) Suit on contracts
In the event of a failure to agree upon the terms and conditions of
any such contract, or upon any default in the performance of any
contract entered into pursuant to this section, the bridge owner or the
Tennessee Valley Authority shall have the right to bring suit to enforce
its right or for a declaration of its rights under this section, or
under any such contract, in the district court of the United States for
the district in which the property in question is located. In any such
proceeding the court shall apportion the total cost of the work between
the Tennessee Valley Authority and the owner in accord with the
provisions contained in this section. The Tennessee Valley Authority's
share of the cost of any such protection, alteration, reconstruction,
relocation, or replacement, under any contract made or judgment, award,
or decree rendered under the provisions of this section may be paid out
of any funds available for carrying out the provisions of this chapter,
and appropriations for that purpose are hereby authorized: Provided,
That, prior to such alteration, reconstruction, or relocation of said
bridges, the location and plans shall be submitted to and approved by
the Secretary of Transportation in accordance with existing laws.
(Nov. 21, 1941, ch. 480, 55 Stat. 773; Pub. L. 90-524, Sept. 26, 1968,
82 Stat. 876.)
Codification
Section was not enacted as part of the Tennessee Valley Authority
Act which comprises this chapter.
Amendments
1968--Pub. L. 90-524 permitted the Authority to use appropriated
funds to cover the Federal share of the cost of necessary bridge
alterations where the alterations are obtained by agreement with the
bridge owner, made this section applicable to alterations required by
new reservoir projects and by realignment or other changes of the
navigation channel to accommodate the growth of traffic or changes in
navigation requirements within existing reservoirs, and substituted the
Secretary of Transportation for the Chief of Engineers and the Secretary
of the Army as the approving official.
