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B-202903 1 (1981-09-04)

handle is hein.gao/gaobabkeb0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 B-202903 September 4, 1981 The Honorable Charles E. Grassley United States Senate Dear Senator Grassley: This is in response to your letter of April 8, 1981, requesting our decision on whether Federal emergency relief funds under 23 U.S.C. § 125 may be used to repair the bridge between Marquette, Iowa, and Prairie du Chien, Wisconsin. It is our understanding that this bridge was closed after less than 6 years of use due to grave structural defects in its steel. Our reading of the relevant statutory provisions and legislative history leads us to agree with the Federal Highway Administration and the Department of Transportation that the bridge is not eligible for such funding. In January 1981 the State of Wisconsin requested from the Federal Highway Administration emergency relief funds under 23 U.S.C. § 125 to repair the Marauette to Prairie du Chien bridge. Both the Federal High- way Administration and the Secretary of Transportation denied the request on the basis that the closing of a bridge for structural reasons did not qualify as a catastrophic failure for which emergency relief funds are available under the statute. Subsection 109(a) of the Federal-Aid Highway Act of 1970, Pub. L. No. 91-605, amended subsection (a) of 23 U.S.C. § 125 to permit the Secre- tary of Transportation to use emergency funds under that section for: * * * the repair or reconstruction of bridges which have been permanently closed to all vehicular traffic by the State after December 31, 1967, and prior to December 31, 1970, because of imminent danger of collapse due to structural deficiencies or physical deterioration. Prior to this amendment, the statute authorized the Secretary to use emergency funds for: * * * the repair or reconstruction of highways, roads, and trails which he shall find have suffered serious damage as the result of (1) natural disaster over a wide area such as by floods, hurricanes, tidal waves, earthquakes, severe storms, or landslides, or ((2) catas:rophic failures from any cause, in any part of the United States * * 23 U.S.C. § 125(a) (1964 ed., Supp. V).

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