§622 Contracts, Etc., with Private Industry for Implementation of Projects for Improvements and Dredging; Reduction of Federally Owned Fleet

Summary

The Secretary of the Army, through the Army Corps of Engineers, must have river and harbor dredging done in the cheapest and most useful way for the United States. When private companies can do the work at reasonable prices and on time, the Secretary must use contracts with them. For the four years starting April 26, 1978, the Secretary may limit this rule for work the federal fleet can do so the shift to private contracts happens in an orderly way. As private industry proves it can do the work, the federal dredging fleet must be reduced by retiring equipment. The Secretary must keep only the minimum federal fleet needed for emergencies and national defense, but may keep more if needed so the government and private industry together can handle projects. The minimum fleet must stay modern and be replaced when needed. The Secretary must do a study and send it to Congress within two years after April 26, 1978, showing the minimum fleet needed and how employee rights will be preserved. The Secretary must start a program to use more private hopper dredges. The federal hopper dredge Wheeler must be put in ready-reserve status no later than the earlier of 90 days after the McFarland rehabilitation is finished under section 563 of the Water Resources Development Act of 1996 or October 1, 1997. The Wheeler can be tested and repaired while in reserve but not given scheduled work, and it can be activated only if private bidders fail or a contractor cannot do the job. The Secretary must make procedures so private hopper dredges are available for routine and urgent work, including scheduling solicitations and using faster contracts. A report to Congress is due not later than 2 years after October 12, 1996, about whether the Wheeler should be active or remain in reserve or be replaced. The Secretary may not cut any dredge’s readiness below ready-reserve status except for a vessel kept in reserve at least 5 years that has not been used enough. For each fiscal year after October 12, 1996, no federal hopper dredge may be given more work than its average in the prior 3 fiscal years (except the Essayons and Yaquina). Availability of dredges on the Pacific and Atlantic coasts must not be reduced below fiscal year 1996 levels. The Secretary may contract out maintenance and crewing for reserve dredges, and their capital costs (including depreciation) must be paid from the Harbor Maintenance Trust Fund unless a dredge is used on a specific project.