§2351b — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary must make sure repairs or maintenance on a Federal jetty, pile dike, or breakwater are enough for the project to do its job. That includes protecting any harbor tied to the project from expected changes in waves or wave height, including changes from relative sea level change during the project's useful life. The Secretary may not treat those repairs or maintenance as "major rehabilitation" when either: the work is needed because projected wave or sea level changes would reduce the structure’s ability to meet the project’s purpose and the work restores that ability; or regular Federal maintenance was not done and, as a result, the structure’s strength is degraded or a pile dike has become disconnected from the project.

Title 33, §2351b

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In carrying out repair or maintenance activity of a Federal jetty, pile dike, or breakwater associated with an authorized navigation project, the Secretary shall, notwithstanding the authorized dimensions of the jetty, pile dike, or breakwater, ensure that such repair or maintenance activity is sufficient to meet the authorized purpose of such project, including ensuring that any harbor or inland harbor associated with the project is protected from projected changes in wave action or height (including changes that result from relative sea level change over the useful life of the project).

(b)The Secretary may not classify any repair or maintenance activity of a Federal jetty, pile dike, or breakwater carried out under subsection (a) as major rehabilitation of such jetty, pile dike, or breakwater—

(1)if the Secretary determines that—

(A)projected changes in wave action or height, including changes that result from relative sea level change, will diminish the functionality of the jetty, pile dike, or breakwater to meet the authorized purpose of the project; and

(B)such repair or maintenance activity is necessary to restore such functionality; or

(2)if the Secretary has not carried out regular and routine Federal maintenance activity at the jetty, pile dike, or breakwater and—

(A)the structural integrity of the jetty, pile dike, or breakwater is degraded as a result of a lack of such regular and routine Federal maintenance activity; or

(B)the pile dike has disconnected from an authorized navigation project as a result of a lack of such regular and routine Federal maintenance activity.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2025—Subsec. (a). Pub. L. 118–272, § 1136(1), inserted “, pile dike,” after “jetty” in two places. Subsec. (b). Pub. L. 118–272, § 1136(1), inserted “, pile dike,” after “jetty” wherever appearing. Subsec. (b)(2). Pub. L. 118–272 substituted “if the Secretary” for “if—” and “(A) the Secretary”, “breakwater and—” for “breakwater; and”, redesignated former subpar. (B) as (A), and added subpar. (B).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117–263, set out as a note under section 2201 of this title.

§2351b Federal breakwaters and jetties