An Act to amend the act of November 21, 1941 (55 Stat. 773), providing for the alteration, reconstruction, or relocation of certain highway and railroad bridges by the Tennessee Valley Authority
PL 90-524 (H.R.8953), enacted 09/26/1968

876 
PUBLIC LAW 90-524-SEPT. 26, 1968 
[82 STAT» 
Public Law 90-524 
September26, 1968 
A N A C T 
[H. R. 8953] 
rf,(^ amend the Act of November 21, 1941 (55 Stat. 773), providing for the altera-
tion, reconstruction, or relocation of certain highway and railroad bridges by 
the Tennessee Valley Authority. 
Tennessee 
Valley Authority. 
Certain bridges, 
reconstruction, 
etc. 
16 u s e 831C-1. 
48 Stat. 58-
16 u s e 831-
Bridge 
owners, com-
pensationa 
Contracting 
authority. 
Right to 
bring suit. 
TVA share of 
cost. 
Funds 
authorization. 
Be it enaMed by the Senate and Houne of Representatives 
of the 
Vn'ited States of Atnerica In Congress assembled. That the Act of 
November 21, 1941 (55 Stat, 773), be and is hereby amended to read as 
follows: 
"That (a) whenever, as the result of the construction of any dam, 
reservoir, or other improvement under the provisions of the Tennessee 
Valley Authority Act, or amendments thereto, including any improve-
ment of the navigable channel to accommodate the growth of naviga-
tion 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, 
npon, or across the Tennessee River or any of its navigable tributaries, 
including approaches, fenders, and appurtenances thereto, is endan-
gered or otherwise adversely affected and damaged, including any inter-
ference 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, reconstruc-
tion, 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 struc-
ture shall be compensated by the Tennessee Valley Authority in the 
sum of the reasonable actual cost of such protection, alteration, recon-
struction, relocation, or replacement: Provided, That in arriving at the 
amount of such comj^ensation 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 addi-
tion or betterment of the altered, reconstructed, relocated, or replaced 
bridge, trestle, or structure. The Tennessee Valley Authority is 
empowered to contract with such owmer with respect to any such pro-
tection, alteration, reconstruction, relocation, or replacement, the pay-
ment 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) 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 Act, the bridge owner or the 
Tennessee Valley Authority shall have the right to bring suit to en-
force its rights or for a declaration of its rights under this Act, 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 sihall apportion the total cost of the work between 
the Tennessee Valley Authority and the owner in accord with the pro-
visions contained in this section. The Tennessee Valley Authority's 
share of the cost of any such protection, alteration, reconstruction, relo-
cation, 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 the 
Tennessee Valley Authority Act, as amended, and appropriations for