33 U.S.C. § 2351a — Operation and maintenance of existing

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