33 U.S.C. § 2351b

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 2351b - Federal breakwaters and jetties

(a) In general

In carrying out repair or maintenance activity of a Federal jetty or breakwater associated with an authorized navigation project, the Secretary shall, notwithstanding the authorized dimensions of the jetty or breakwater, ensure that such repair or maintenance activity is sufficient to meet the authorized purpose of such project, including ensuring that any harbor or inland harbor associated with the project is protected from projected changes in wave action or height (including changes that result from relative sea level change over the useful life of the project).

(b) Classification of activity

The Secretary may not classify any repair or maintenance activity of a Federal jetty or breakwater carried out under subsection (a) as major rehabilitation of such jetty or breakwater-

(1) if the Secretary determines that-

(A) projected changes in wave action or height, including changes that result from relative sea level change, will diminish the functionality of the jetty or breakwater to meet the authorized purpose of the project; and

(B) such repair or maintenance activity is necessary to restore such functionality; or

(2) if-

(A) the Secretary has not carried out regular and routine Federal maintenance activity at the jetty or breakwater; and

(B) the structural integrity of the jetty or breakwater is degraded as a result of a lack of such regular and routine Federal maintenance activity.

33 U.S.C. § 2351b

Pub. L. 117-263, div. H, title LXXXI, §81018101,, 136 Stat. 3695.

EDITORIAL NOTES

CODIFICATIONSection was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117-263 set out as a note under section 2201 of this title.