Sec. 306. Asset divestiture
439 words·~2 min read·
/bill/118/hr/8812/ih/section-306A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 109 of the River and Harbor Act of 1950 ( 33 U.S.C. 534 ) is amended— by striking That the Secretary of the Army and inserting the following: The Secretary of the Army ; by striking with or without consideration and all that follows through the period at the end and inserting the following: with or without consideration if, prior to any transfer or conveyance of a bridge, the Secretary and the State authority, or political subdivision thereof, execute an agreement containing the following terms and conditions:
The State authority, or political subdivision thereof, shall assume responsibility for the operation, maintenance, repair, replacement, and rehabilitation of the bridge, including the preservation, protection, inspection and evaluation of, and future construction on, the bridge. Operation of the bridge shall be consistent with the purposes of, and may not constrain or change, the operation and maintenance of the water resources development project in connection to which the bridge was constructed or acquired.
The State authority, or political subdivision thereof, shall hold the United States harmless from any liability with respect to the operation, maintenance, repair, replacement, and rehabilitation of the bridge, including preservation, protection, inspection and evaluation of, and future construction on, the bridge. Any additional terms or conditions that the Secretary considers appropriate to protect the interests of the United States. ; and by adding at the end the following:
The Secretary may transfer to the State authority, or political subdivision thereof, to which a bridge is transferred or conveyed under this section any funds made available to the Secretary for necessary replacement or rehabilitation of the bridge. . Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on bridges owned, operated, and maintained by the Corps of Engineers.
The Secretary shall include in the report required under paragraph (1)— a list of bridges carrying passengers that are— not located in recreational areas; and not required to be owned, operated, and maintained by the Corps of Engineers for the proper functioning of water resources development projects; a description of the location of such bridges and applicable State authority or political subdivision to which such bridges may be transferred or conveyed under section 109 of the River and Harbor Act of 1950 ( 33 U.S.C. 534 ) (as amended by this section); and a description of measures taken by the Corps of Engineers to reduce the number of bridges owned, operated, and maintained by the Corps of Engineers.