§2353a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary may carry out enhanced inspections of aging infrastructure under a contract with the owner or operator. Aging infrastructure means a Corps of Engineers water project or another federal water, storage, or irrigation project that is greater than 75 years old. Enhanced inspection means using current or new technologies (for example, LiDAR, ground‑penetrating radar, or subsurface imaging) to check if the structure is sound or at risk of failing. If the owner or operator asks for an inspection and pays the full cost, the Secretary must enter into the contract when funds are available. The Secretary may accept money from the owner or operator and use it to do the inspection. The Secretary may not require a non‑Federal entity tied to a project under another federal agency to carry out repairs or other corrective actions because of an enhanced inspection.

Title 33, §2353a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In this section:

(1)The term “aging infrastructure” means a water resources development project of the Corps of Engineers, or any other water resources, water storage, or irrigation project of another Federal agency, that is greater than 75 years old.

(2)The term “enhanced inspection” means an inspection that uses current or innovative technology, including Light Detection and Ranging (commonly known as “LiDAR”), ground penetrating radar, subsurface imaging, or subsurface geophysical techniques, to detect whether the features of the aging infrastructure are structurally sound and can operate as intended, or are at risk of failure.

(b)(1)The Secretary may carry out enhanced inspections of aging infrastructure, pursuant to a contract with the owner or operator of the aging infrastructure.

(2)Subject to the availability of appropriations, or funds available pursuant to subsection (d), the Secretary shall enter into a contract described in paragraph (1), if—

(A)the owner or operator of the aging infrastructure requests that the Secretary carry out the enhanced inspections; and

(B)the inspection is at the full expense of such owner or operator.

(c)The Secretary shall not require a non-Federal entity associated with a project under the jurisdiction of another Federal agency to carry out corrective or remedial actions in response to an enhanced inspection carried out under this section.

(d)The Secretary is authorized to accept funds from an owner or operator of aging infrastructure, and may use such funds to carry out an enhanced inspection pursuant to a contract entered into with such owner or operator under this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.

§2353a Aging infrastructure

Summary

Title 33, §2353a

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata