33 U.S.C. § 2327: Definition of rehabilitation…

Summary

Rehabilitation means two types of big work on inland and intracoastal waterways by the Corps of Engineers. One is major structural restoration that extends a feature’s life, is shown to be economically justified, will take at least 2 years, and requires at least $5,000,000 if first funded before October 1, 1994, or at least $20,000,000 if first funded on or after that date. The other is a structural change to a major component (not having reliability problems) that increases benefits and costs at least $1,000,000. Routine or deferred maintenance is not rehabilitation. The dollar amounts are adjusted each year using the economic assumption published in the Corps’ Annual Program and Budget Request for Civil Works Activities.

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.

Such term does not include routine or deferred maintenance. The dollar amounts referred to in paragraphs (1) and (2) shall be adjusted annually according to the economic assumption published each year as guidance in the Annual Program and Budget Request for Civil Works Activities of the Corps of Engineers.

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