§2327 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Defines when work on inland and intracoastal waterways counts as "rehabilitation." Rehabilitation can mean big repair work on a navigation structure run and maintained by the Corps of Engineers that is meant to greatly extend the structure’s life, is supported by a benefit‑cost analysis, will take at least 2 years to finish, and meets funding size rules: if it first got funding before October 1, 1994 it must need at least $5,000,000; if it first got funding on or after that date it must need at least $20,000,000. Rehabilitation can also mean a structural change to a main project part that is not failing, if the change makes the part or project work better than the original design and will cost at least $1,000,000.

Title 33, §2327

Navigation and Navigable Waters — Source: USLM XML via OLRC

For purposes of laws relating to navigation on inland and intracoastal waterways of the United States, the term “rehabilitation” means—

(1)major project feature restoration—

(A)which consists of structural work on an inland navigation facility operated and maintained by the Corps of Engineers;

(B)which will significantly extend the physical life of the feature;

(C)which is economically justified by a benefit-cost analysis;

(D)which will take at least 2 years to complete; and

(E)(i)which is initially funded before October 1, 1994, and will require at least $5,000,000 in capital outlays; or

(ii)which is initially funded on or after such date and will require at least $20,000,000 in capital outlays; and

(2)structural modification of a major project component (not exhibiting reliability problems)—

(A)which will enhance the operational efficiency of such component or any other major component of the project by increasing benefits beyond the original project design; and

(B)which will require at least $1,000,000 in capital outlays.

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2014—Par. (1)(E)(ii). Pub. L. 113–121 substituted “$20,000,000” for “$8,000,000”.

§2327 Definition of Rehabilitation for Inland Waterway Projects

Summary

Title 33, §2327

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata