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33 U.S.C. § 2255 — Project delivery process reforms

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2255 — Project delivery process reforms

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Stable record: federal_law:legal_authorities:record_usc_e5dfa56696a82361fffa6c39
Source file: Laws/federal/codes/united-states-code/title-33/section-2255-project-delivery-process-reforms--5f12e6739f.md
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Source location: Title 33, Chapter 36, § 2255; chapter-036-water-resources-development.md

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**(a) Requirements for qualifying projects** With respect to each qualifying project, the Secretary shall require— (1) for each project manager, that— (A) the project manager have formal project management training and certification; and (B) the project manager be assigned from among personnel certified by the Chief of Engineers; and (2) for an applicable cost estimation, that— (A) the Secretary utilize a risk-based cost estimate with a confidence level of at least 80 percent; and (B) the cost estimate be developed— (i) for a qualifying project that requires an increase in the authorized amount in accordance with [section 2280 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2280&num=0&edition=prelim), during the preparation of a post-authorization change report or other similar decision document; (ii) for a qualifying project for which the first construction contract has not been awarded, prior to the award of the first construction contract; (iii) for a qualifying project without a completed feasibility report in accordance with [section 2282 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282&num=0&edition=prelim), prior to the completion of such a report; and (iv) for a qualifying project with a completed feasibility report in accordance with [section 2282 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282&num=0&edition=prelim) that has not yet been authorized, during design for the qualifying project. **(b) Additional project delivery process reforms** Not later than 18 months after June 10, 2014, the Secretary shall— (1) establish a system to identify and apply on a continuing basis best management practices from prior or ongoing qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects; (2) evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and (3) implement any additional measures that the Secretary determines will achieve the purposes of this subtitle, including— (A) the implementation of applicable practices and procedures developed pursuant to management by the Secretary of an applicable military construction program; (B) the development and use of a portfolio of standard designs for inland navigation locks, incorporating the use of a center of expertise for the design and review of qualifying projects; (C) the use of full-funding contracts or formulation of a revised continuing contracts clause; and (D) the establishment of procedures for recommending new project construction starts using a capital projects business model. **(c) Pilot projects** (1) **In general** — Subject to paragraph (2), the Secretary may carry out pilot projects to evaluate processes and procedures for the study, design, and construction of qualifying projects. (2) **Inclusions** — At a minimum, the Secretary shall carry out pilot projects under this subsection to evaluate— (A) early contractor involvement in the development of features and components; (B) an appropriate use of continuing contracts for the construction of features and components; and (C) applicable principles, procedures, and processes used for military construction projects.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9505 — Sport Fish Restoration and Boating Trust Fund

**(a) Creation of Trust Fund** There is hereby established in the Treasury of the United States a trust fund to be known as the “Sport Fish Restoration and Boating Trust Fund”. Such Trust Fund shall consist of such amounts as may be appropriated, credited, or paid to it as provided in this section, section 9503(c)(3), section 9503(c)(4), or section 9602(b). **(b) Sport Fish Restoration and Boating Trust Fund** (1) **Transfer of certain taxes to Trust Fund** — There is hereby appropriated to the Sport Fish Restoration and Boating Trust Fund amounts equivalent to the following amounts received in the Treasury on or after October 1, 1984— (A) the taxes imposed by section 4161(a) (relating to sport fishing equipment), and (B) the import duties imposed on fishing tackle under heading 9507 of the Harmonized Tariff Schedule of the United States ([19 U.S.C. 1202](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1202&num=0&edition=prelim)) and on yachts and pleasure craft under chapter 89 of the Harmonized Tariff Schedule of the United States. (2) **Expenditures from Trust Fund** — Amounts in the Sport Fish Restoration and Boating Trust Fund shall be available, as provided by appropriation Acts, for making expenditures— (A) to carry out the purposes of the Dingell-Johnson Sport Fish Restoration Act (as in effect on the date of the enactment of the Infrastructure Investment and Jobs Act), (B) to carry out the purposes of section 7404(d) of the Transportation Equity Act for the 21st Century (as in effect on the date of the enactment of the Infrastructure Investment and Jobs Act), and (C) to carry out the purposes of the Coastal Wetlands Planning, Protection and Restoration Act (as in effect on the date of the enactment of the Infrastruc

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2282 — Corps of Engineers support for underserved communities; outreach

**(a) In general** It is the policy of the United States for the Corps of Engineers to strive to understand and accommodate and, in coordination with non-Federal interests, seek to address the water resources development needs of all communities in the United States. **(b) Outreach and access** (1) **In general** — The Secretary shall, at Federal expense, develop, support, and implement public awareness, education, and regular outreach and engagement efforts for potential non-Federal interests with respect to the water resources development authorities of the Secretary, with particular emphasis on— (A) technical service programs, including the authorities under— (i) [section 709a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section709a&num=0&edition=prelim); (ii) [section 1962d–16 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–16&num=0&edition=prelim); and (iii) [section 2269 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2269&num=0&edition=prelim); (B) continuing authority programs, as such term is defined in [section 2282d(c)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282d/c/1/D&num=0&edition=prelim); and (C) ensuring that a potential non-Federal interest is aware of the roles, responsibilities, and financial commitments associated with a completed water resources development project prior to initiating a feasibility study (as defined in [section 2215(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2215/d&num=0&edition=prelim)), including operations, maintenance, repair, replacement, and rehabilitation responsibili

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2280 — Marine technology review

**(a) Dredging needs** The Secretary is authorized to conduct such studies as are necessary to provide a report to Congress on the dredging needs of the national ports and harbors of the United States. The report shall include existing and projected future project depths, types and sizes of ships in use, and world trade patterns, an assessment of the future national waterside infrastructure needs, and a comparison of drafts of United States and selected world ports. **(b) Authorization of appropriations** There is authorized to be appropriated $2,500,000 to carry out this section for fiscal years beginning after September 30, 1992. Such sums shall remain available until expended.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2280

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2251 — Definitions

For purposes of this subchapter— (1) **Deep-draft harbor** — The term “deep-draft harbor” means a harbor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by [section 202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section202&num=0&edition=prelim)). (2) **Eligible operations and maintenance** (A) Except as provided in subparagraph (B), the term “eligible operations and maintenance” means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities. (B) As applied to the Saint Lawrence Seaway, the term “eligible operations and maintenance” means all operations, maintenance, repair, and rehabilitation, including maintenance dredging reasonably necessary to keep such Seaway or navigation improvements operated or maintained by the Great Lakes St. Lawrence Seaway Development Corporation in operation and reasonable state of repair. (C) The term “eligible operations and maintenance” does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance. (3) **General cargo harbor** — The term “general cargo harbor” means a harb

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2251

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2255 — Inland waterways riverbank stabilization

Page 746 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2255 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 sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2255. Inland waterways riverbank stabilization (a) In general Not later than 1 year after June 10, 2014, and biennially thereafter, the Secretary shall con- duct a study to determine the feasibility of— (1) carrying out projects for the inland and intracoastal waterways for purposes of— (A) flood damage reduction; (B) emergency streambank and shoreline protection; and (C) prevention and mitigation of shore damages attributable to navigation improve- ments; and (2) modifying projects for the inland and in- tracoastal waterways for the purpose of im- proving the quality of the environment. (b) Recommendations In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on— (1) the extent of damage and land loss result- ing from riverbank erosion; (2) the rate of erosion; (3) the significant threat of future flood risk to public property, public infrastructure, or public safety; (4) the destruction of natural resources or habitats; and (5) the potential cost savings for mainte- nance of the channel. (c) Disposition The Secretary may carry out any project iden- tified in the study conducted pursuant to sub- section (a) in accordance with the criteria for projects carried out under one of the following authorities: (1) Section 701r of this title. (2) Section 701s of this title. (3) Section 426i of this title. (4) Section 2309a of this title. (d) Annual re

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2255

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