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

Summary

The Secretary can do special inspections of water projects that are greater than 75 years old using modern tech like LiDAR, ground-penetrating radar, or other imaging to check for structural problems. The Secretary may make a contract with the project’s owner or operator to do these inspections. If the owner asks for an inspection and pays the full cost, and if money from Congress or owner-provided funds is available, the Secretary must enter the contract. The Secretary cannot force a non‑Federal owner of a project run by another federal agency to make repairs because of the 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