33 U.S.C. § 2252 — Project delivery process reforms

Page 744 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2252 ties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. (Pub. L. 99–662, title III, § 302, Nov. 17, 1986, 100 Stat. 4111; Pub. L. 106–109, § 8(a), Nov. 24, 1999, 113 Stat. 1495; Pub. L. 113–121, title II, § 2002(d), June 10, 2014, 128 Stat. 1262; Pub. L. 117–286, § 4(a)(202), Dec. 27, 2022, 136 Stat. 4328.) Editorial Notes AMENDMENTS 2022—Subsec. (f)(1). Pub. L. 117–286, § 4(a)(202)(A), sub- stituted ‘‘chapter 10 of title 5, other than section 1013,’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.), other than section 14,’’. Subsec. (f)(2). Pub. L. 117–286, § 4(a)(202)(B), sub- stituted ‘‘chapter 10 of title 5,’’ for ‘‘the Federal Advi- sory Committee Act (5 U.S.C. App.),’’. 2014—Subsec. (b). Pub. L. 113–121, § 2002(d)(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘The Users Board shall meet at least semi-annually to develop and make recommendations to the Secretary regarding construc- tion and rehabilitation priorities and spending levels on the commercial navigational features and compo- nents of the inland waterways and inland harbors of the United States for the following fiscal years. Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board. Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the Users Board shall, by December 31, 1987, and annually there- after file such recommendations with the Secretary and with the Congress.’’ Subsecs. (c) to (f). Pub. L. 113–121, § 2002(d)(2), added subsecs. (c) to (f) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘The Users Board shall be subject to the Federal Advisory Com- mittee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsist- ence, as authorized by section 5703 of title 5.’’ 1999—Subsec. (b). Pub. L. 106–109, in last sentence, substituted ‘‘Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the’’ for ‘‘The’’. § 2252. Project delivery process reforms (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 certifi- cation; 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, during the preparation of a post-authoriza- tion change report or other similar deci- sion 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, prior to the completion of such a report; and (iv) for a qualifying project with a com- pleted feasibility report in accordance with section 2282 of this title 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 prac- tices 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 pur- poses of this subtitle, including— (A) the implementation of applicable prac- tices and procedures developed pursuant to management by the Secretary of an applica- ble 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 quali- fying projects; (C) the use of full-funding contracts or for- mulation 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 con- struction of qualifying projects. (2) Inclusions At a minimum, the Secretary shall carry out pilot projects under this subsection to evalu- ate— (A) early contractor involvement in the development of features and components; (B) an appropriate use of continuing con- tracts for the construction of features and components; and (C) applicable principles, procedures, and processes used for military construction projects. (Pub. L. 113–121, title II, § 2002, June 10, 2014, 128 Stat. 1261.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsec. (b)(3), is subtitle A (§§ 2001–2013) of title II of Pub. L. 113–121, which en- Page 745 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2254 1 See References in Text note below. acted this section and sections 2253, 2254, and 2255 of this title, amended sections 2212, 2251, and 2327 of this title, and enacted provisions set out as a note under this section. For complete classification of subtitle A to the Code, see 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. Section is comprised of section 2002 of Pub. L. 113–121. Subsec. (d) of section 2002 of Pub. L. 113–121 amended section 2251 of this title. Statutory Notes and Related Subsidiaries DEFINITIONS 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. Pub. L. 113–121, title II, § 2001, June 10, 2014, 128 Stat. 1260, provided that: ‘‘In this title [enacting this section and sections 2211a, 2238b, 2238c, 2243, 2253, 2254, and 2255 of this title and amending sections 2211, 2212, 2238, 2242, 2251, 2282a, and 2327 of this title and section 9505 of Title 26, Internal Revenue Code]: ‘‘(1) INLAND WATERWAYS TRUST FUND.—The term ‘In- land Waterways Trust Fund’ means the Inland Water- ways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986 [26 U.S.C. 9506(a)]. ‘‘(2) QUALIFYING PROJECT.—The term ‘qualifying project’ means any construction or major rehabilita- tion project for navigation infrastructure of the in- land and intracoastal waterways that is— ‘‘(A) authorized before, on, or after the date of en- actment of this Act [June 10, 2014]; ‘‘(B) not completed on the date of enactment of this Act; and ‘‘(C) funded at least in part from the Inland Wa- terways Trust Fund.’’ § 2253. Annual financial review For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a) 1 an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to com- plete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project. (Pub. L. 113–121, title II, § 2007(b), June 10, 2014, 128 Stat. 1268.) Editorial Notes REFERENCES IN TEXT The congressional committees referred to in sub- section (a), referred to in text, mean the congressional committees referred to in subsec. (a) of section 2007 of Pub. L. 113–121, which are the Committee on Environ- ment and Public Works of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives. 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. § 2254. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway (a) In general Not later than 90 days after June 10, 2014, the Secretary shall assess the operation and mainte- nance needs of the Atlantic Intracoastal Water- way and the Gulf Intracoastal Waterway. (b) Types of activities In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes: (1) Commercial navigation. (2) Commercial fishing. (3) Subsistence, including utilization by In- dian tribes (as defined in section 5304 of title 25) for subsistence and ceremonial purposes. (4) Use as ingress and egress to harbors of refuge. (5) Transportation of persons. (6) Purposes relating to domestic energy pro- duction, including fabrication, servicing, and supply of domestic offshore energy production facilities. (7) Activities of the Secretary of the depart- ment in which the Coast Guard is operating. (8) Public health and safety related equip- ment for responding to coastal and inland emergencies. (9) Recreation purposes. (10) Any other authorized purpose. (c) Report to Congress For fiscal year 2015, and biennially thereafter, in conjunction with the annual budget submis- sion by the President to Congress under section 1105(a) of title 31, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, with respect to the Atlantic Intra- coastal Waterway and the Gulf Intracoastal Wa- terway— (1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth; (2) identifies the amount of funding re- quested in the President’s budget for oper- ation and maintenance costs; and (3) identifies the unmet operation and main- tenance needs of the Atlantic Intracoastal Wa- terway and the Gulf Intracoastal Waterway. (Pub. L. 113–121, title II, § 2008, June 10, 2014, 128 Stat. 1268.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of