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33 U.S.C. § 2327 — Definition of rehabilitation for inland waterway projects

submitted 34 years ago by Pub. L. 102-580 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 214 words · no verdicts yet

in plain englishAI-generated · not legal advice

For inland and intracoastal navigation laws, this section defines “rehabilitation” as specified major restoration or structural modification work meeting duration, cost, life-extension, and benefit requirements. Routine and deferred maintenance are excluded, and dollar thresholds are adjusted annually.

For laws about navigation on United States inland and intracoastal waterways, “rehabilitation” means (1) restoring a major project feature by structural work on a Corps-operated and maintained inland navigation facility, where the work significantly extends the feature’s physical life, is economically justified by benefit-cost analysis, takes at least two years, and either (i) was first funded before October 1, 1994 and requires at least $5,000,000 in capital spending or (ii) was first funded on or after that date and requires at least $20,000,000; or (2) structurally modifying a major project component that does not have reliability problems, where the modification improves that component’s or another major component’s operating efficiency by increasing benefits beyond the original design and requires at least $1,000,000 in capital spending. “Rehabilitation” does not include routine or deferred maintenance. The dollar amounts must be adjusted each year using the economic assumption published as guidance in the Corps’ Annual Program and Budget Request for Civil Works Activities. This section does not define “major project feature,” “major project component,” or “reliability problems.”

the actual law source: uscode.house.gov ↗public domain

For purposes of laws relating to navigation on inland and intracoastal waterways of the United States, the term “rehabilitation” means—

(1)

major project feature restoration—

(A)

which consists of structural work on an inland navigation facility operated and maintained by the Corps of Engineers;

(B)

which will significantly extend the physical life of the feature;

(C)

which is economically justified by a benefit-cost analysis;

(D)

which will take at least 2 years to complete; and

(E)
(i)

which is initially funded before October 1, 1994, and will require at least $5,000,000 in capital outlays; or

(ii)

which is initially funded on or after such date and will require at least $20,000,000 in capital outlays; and

(2)

structural modification of a major project component (not exhibiting reliability problems)—

(A)

which will enhance the operational efficiency of such component or any other major component of the project by increasing benefits beyond the original project design; and

(B)

which will require at least $1,000,000 in capital outlays.

Such term does not include routine or deferred maintenance. The dollar amounts referred to in paragraphs (1) and (2) shall be adjusted annually according to the economic assumption published each year as guidance in the Annual Program and Budget Request for Civil Works Activities of the Corps of Engineers.

Source credit: (Pub. L. 102–580, title II, § 205, Oct. 31, 1992, 106 Stat. 4827; Pub. L. 113–121, title II, § 2006(a)(4), June 10, 2014, 128 Stat. 1268.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-580 · 106 Stat. 4827
  • 2014Amended · Pub. L. 113-121 · 128 Stat. 1268

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-580 on 1992-10-31.

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