33 U.S.C. § 2351b — Federal breakwaters and jetties

Page 862 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2351 (4) any other activities related to corrosion prevention the Secretary determines appro- priate. (d) Report In the first annual report submitted to Con- gress after December 16, 2016, in accordance with section 556 of this title, and section 2295(b) of this title, the Secretary shall report on the cor- rosion prevention activities encouraged under this section, including— (1) a description of the actions the Secretary has taken to implement this section; and (2) a description of the projects utilizing cor- rosion prevention activities, including which activities were undertaken. (Pub. L. 113–121, title I, § 1033, June 10, 2014, 128 Stat. 1233; Pub. L. 114–322, title I, § 1142, Dec. 16, 2016, 130 Stat. 1658; Pub. L. 118–272, div. A, title I, § 1135, Jan. 4, 2025, 138 Stat. 3025.) Editorial Notes REFERENCES IN TEXT The National Apprenticeship Act, referred to in sub- sec. (c)(3)(B)(ii), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 50 of Title 29 and Tables. CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2025—Subsec. (c)(3), (4). Pub. L. 118–272 added par. (3) and redesignated former par. (3) as (4). 2016—Subsec. (d). Pub. L. 114–322 added subsec. (d). 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. § 2351. Durability, sustainability, and resilience In carrying out the activities of the Corps of Engineers, the Secretary, to the maximum ex- tent practicable, shall encourage the use of du- rable and sustainable materials and resilient construction techniques that— (1) allow a water resources infrastructure project— (A) to resist hazards due to a major dis- aster; and (B) to continue to serve the primary func- tion of the water resources infrastructure project following a major disaster; (2) reduce the magnitude or duration of a disruptive event to a water resources infra- structure project; and (3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event. (Pub. L. 113–121, title III, § 3022, June 10, 2014, 128 Stat. 1301.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, 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 sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2351a. Operation and maintenance of existing infrastructure The Secretary shall improve the reliability, and operation and maintenance of, existing in- frastructure of the Corps of Engineers, and, as necessary, improve its resilience to cyber-re- lated threats. (Pub. L. 115–270, title I, § 1113, Oct. 23, 2018, 132 Stat. 3775.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Amer- ica’s Water Infrastructure Act of 2018, 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 sec- tion 102 of Pub. L. 115–270, set out as a note under sec- tion 2201 of this title. § 2351b. Federal breakwaters and jetties (a) In general In carrying out repair or maintenance activity of a Federal jetty, pile dike, or breakwater asso- ciated with an authorized navigation project, the Secretary shall, notwithstanding the au- thorized dimensions of the jetty, pile dike, or breakwater, ensure that such repair or mainte- nance activity is sufficient to meet the author- ized 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, pile dike, or breakwater carried out under sub- section (a) as major rehabilitation of such jetty, pile dike, 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, pile dike, or breakwater to meet the authorized purpose of the project; and (B) such repair or maintenance activity is necessary to restore such functionality; or Page 863 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2352 (2) if the Secretary has not carried out reg- ular and routine Federal maintenance activity at the jetty, pile dike, or breakwater and— (A) the structural integrity of the jetty, pile dike, or breakwater is degraded as a re- sult of a lack of such regular and routine Federal maintenance activity; or (B) the pile dike has disconnected from an authorized navigation project as a result of a lack of such regular and routine Federal maintenance activity. (Pub. L. 117–263, div. H, title LXXXI, § 8101, Dec. 23, 2022, 136 Stat. 3695; Pub. L. 118–272, div. A, title I, § 1136, Jan. 4, 2025, 138 Stat. 3025.) Editorial Notes CODIFICATION Section 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 Fis- cal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2025—Subsec. (a). Pub. L. 118–272, § 1136(1), inserted ‘‘, pile dike,’’ after ‘‘jetty’’ in two places. Subsec. (b). Pub. L. 118–272, § 1136(1), inserted ‘‘, pile dike,’’ after ‘‘jetty’’ wherever appearing. Subsec. (b)(2). Pub. L. 118–272 substituted ‘‘if the Sec- retary’’ for ‘‘if—’’ and ‘‘(A) the Secretary’’, ‘‘break- water and—’’ for ‘‘breakwater; and’’, redesignated former subpar. (B) as (A), and added subpar. (B). Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 8002 of Pub. L. 117–263, set out as a note under sec- tion 2201 of this title. § 2352. Funding to process permits (a) Funding to process permits (1) Definitions In this subsection: (A) Natural gas company The term ‘‘natural gas company’’ has the meaning given the term in section 16451 of title 42, except that the term also includes a person engaged in the transportation of nat- ural gas in intrastate commerce. (B) Public-utility company The term ‘‘public-utility company’’ has the meaning given the term in section 16451 of title 42. (C) Railroad carrier The term ‘‘railroad carrier’’ has the mean- ing given the term in section 20102 of title 49. (D) Indian Tribe The term ‘‘Indian Tribe’’ means— (i) an Indian Tribe, as such term is de- fined in section 5304 of title 25; and (ii) any entity formed under the author- ity of one or more Indian Tribes, as so de- fined. (2) Permit processing (A) In general The Secretary, after public notice, may ac- cept and expend funds contributed by a non- Federal public entity or a public-utility company, Indian Tribe, natural gas com- pany, or railroad carrier to expedite the evaluation of a permit of that entity, com- pany, or carrier related to a project or activ- ity for a public purpose under the jurisdic- tion of the Department of the Army, includ- ing an aquatic ecosystem restoration project. (B) Mitigation bank instrument processing An activity carried out by the Secretary to expedite evaluation of a permit described in subparagraph (A) may include the evalua- tion of an instrument for a mitigation bank if— (i) the non-Federal public entity, public- utility company, Indian Tribe, natural gas company, or railroad carrier applying for the permit described in that subparagraph is the sponsor of the mitigation bank; and (ii) expediting evaluation of the instru- ment is necessary to expedite evaluation of the permit described in that subpara- graph. (3) Effect on other entities To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this sec- tion does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contrib- uted funds under this section. (b) Effect on permitting (1) In general In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, ei- ther substantively or procedurally. (2) Impartial decisionmaking In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall— (A) be reviewed by— (i) the District Commander, or the Com- mander’s designee, of the Corps District in which the project or activity is located; or (ii) the Commander of the Corps Division in which the District is located if the eval- uation of the permit is initially conducted by the District Commander; and (B) utilize the same procedures for deci- sions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section. (c) Limitation on use of funds None of the funds accepted under this section shall be used to carry out a review of the evalua- tion of permits required under subsection (b)(2)(A). (d) Public availability (1) In general The Secretary shall ensure that all final per- mit decisions carried out using funds author-