33 U.S.C. § 2344: Safety assurance review

Summary

The Chief of Engineers must have independent experts review the design and building work for hurricane, storm, and flood damage reduction projects when those reviews are needed to protect public health, safety, and welfare. In deciding whether a review is needed, the Chief must think about whether a project’s failure could endanger lives, whether it uses new materials or methods, whether the design lacks backup systems, or whether the construction timing or steps are unusual or compressed. Reviews start during detailed engineering and happen again as needed until construction is done. Reviewers are chosen from respected engineers, hydrologists, or related experts with no conflicts of interest, are paid at a rate set by the Secretary, and get travel expenses. The reviews must check plans before physical work begins and regularly after that without causing unnecessary delays. Written reviewer recommendations and the Chief’s responses must be made public, including online. The rule applies to projects in design or under construction on November 8, 2007, and to projects whose design or construction started between November 8, 2007 and 7 years later (November 8, 2014). Chapter 10 of title 5 does not apply to these reviews.

Title 33, §2344

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Projects subject to safety assurance review

The Chief of Engineers shall ensure that the design and construction activities for hurricane and storm damage reduction and flood damage reduction projects are reviewed by independent experts under this section if the Chief of Engineers determines that a review by independent experts is necessary to assure public health, safety, and welfare.

(b)Factors

In determining whether a review of design and construction of a project is necessary under this section, the Chief of Engineers shall consider whether—

(1)the failure of the project would pose a significant threat to human life;

(2)the project involves the use of innovative materials or techniques;

(3)the project design lacks redundancy; or

(4)the project has a unique construction sequencing or a reduced or overlapping design construction schedule.

(c)Safety assurance review

(1)Initiation of review

At the appropriate point in the development of detailed engineering and design specifications for each water resources project subject to review under this section, the Chief of Engineers shall initiate a safety assurance review by independent experts on the design and construction activities for the project.

(2)Selection of reviewers

A safety assurance review under this section shall include participation by experts selected by the Chief of Engineers from among individuals who are distinguished experts in engineering, hydrology, or other appropriate disciplines. The Chief of Engineers shall apply the National Academy of Science’s policy for selecting reviewers to ensure that reviewers have no conflict of interest with the project being reviewed.

(3)Compensation

An individual serving as an independent reviewer under this section shall be compensated at a rate of pay to be determined by the Secretary and shall be allowed travel expenses.

(d)Scope of safety assurance reviews

A safety assurance review under this section shall include a review of the design and construction activities prior to the initiation of physical construction and periodically thereafter until construction activities are completed on a regular schedule sufficient to inform the Chief of Engineers on the adequacy, appropriateness, and acceptability of the design and construction activities for the purpose of assuring public health, safety, and welfare. The Chief of Engineers shall ensure that reviews under this section do not create any unnecessary delays in design and construction activities.

(e)Safety assurance review record

The written recommendations of a reviewer or panel of reviewers under this section and the responses of the Chief of Engineers shall be available to the public, including through electronic means on the Internet.

(f)Applicability

This section shall apply to any project in design or under construction on November 8, 2007, and to any project with respect to which design or construction is initiated during the period beginning on November 8, 2007, and ending 7 years after November 8, 2007.

(g)Nonapplicability of chapter 10 of title 5

Chapter 10 of title 5 shall not apply to a safety assurance review conducted under this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2022—Subsec. (g). Pub. L. 117–286 substituted “chapter 10 of title 5” for “FACA” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text. 2014—Subsec. (g). Pub. L. 113–121 added subsec. (g).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

§2344 Safety Assurance Review