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Title 33 — Navigation and Navigable Waters

Chapter 36 — Water Resources Development

§ 2314. Innovative technology

Statutory text

(a)

Use

The Secretary shall, whenever feasible, seek to promote long- and short-term cost savings, increased efficiency, reliability, and safety, and improved environmental results through the use of innovative technology in all phases of water resources development projects and programs under the Secretary’s jurisdiction. To further this goal, Congress encourages the Secretary to—

(1)

use procurement and contracting procedures that encourage innovative project design, construction, rehabilitation, repair, and operation and maintenance technologies;

(2)

frequently review technical and design criteria to remove or modify unnecessary impediments to innovation;

(3)

increase timely exchange of technical information with universities, private companies, government agencies, and individuals;

(4)

foster design competition; and

(5)

encourage greater participation by non-Federal project sponsors in the development and implementation of projects.

(b)

Accelerated adoption of innovative technologies for management of contaminated sediments

(1)

Test projects

The Secretary shall approve an appropriate number of projects to test, under actual field conditions, innovative technologies for environmentally sound management of contaminated sediments.

(2)

Demonstration projects

The Secretary may approve an appropriate number of projects to demonstrate innovative technologies that have been pilot tested under paragraph (1).

(3)

Conduct of projects

Each pilot project under paragraph (1) and demonstration project under paragraph (2) shall be conducted by a university with proven expertise in the research and development of contaminated sediment treatment technologies and innovative applications using waste materials.

(4)

Location

At least 1 of the projects under this subsection shall be conducted in New England by the University of New Hampshire.

(c)

Reports

Within 2 years after , and thereafter at the Secretary’s discretion, the Secretary shall provide Congress with a report on the results of, and recommendations to increase, the development and use of innovative technology in water resources development projects under the Secretary’s jurisdiction. Such report shall also contain information regarding innovative technologies which the Secretary has considered and rejected for use in water resources development projects under the Secretary’s jurisdiction.

(d)

“Innovative technology” defined

For the purpose of this section, the term “innovative technology” means designs, methods, or materials, including roller compacted concrete, geosynthetic materials, and advanced composites, that the Secretary determines are appropriate to carry out this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Water Resources Development Act of 1988

    Pub. L. 100–676 § 8 · 102 Stat. 4012

    Enacted · 33 U.S.C. § 2314

    Pub. L. 100–676, § 8, Nov. 17, 1988, 102 Stat. 4023

    Source evidence

    Code source credit
    Pub. L. 100–676, § 8, Nov. 17, 1988, 102 Stat. 4023

    Enacted provision · exact public law section
    SEC. 8. INNOVATIVE TECHNOLOGY. (a) Use.— The Secretary shall, whenever feasible, seek to promote long- and short-term cost savings, increased efficiency, reliability, and safety, and improved environmental results through the use of innovative technology in all phases of water resources development projects and programs under the Secretary’s jurisdiction. To further this goal. Congress encourages the Secretary to— (1) use procurement and contracting procedures that encourage innovative project design, construction, rehabilitation, repair, and operation and maintenance technologies; (2) frequently review technical and design criteria to remove or modify unnecessary impediments to innovation; (3) increase timely exchange of technical information with universities, private companies, government agencies, and individuals; (4) foster design competition; and (5) encourage greater participation by non-Federal project sponsors in the development and implementation of projects. (b) Reports.— Within 2 years after the date of the enactment of this Act, and thereafter at the Secretary’s discretion, the Secretary shall provide Congress with a report on the results of, and recommendations to increase, the development and use of innovative technology in water resources development projects under the Secretary’s jurisdiction. Such report shall also contain information regarding innovative technologies which the Secretary has considered and rejected for use in water resources development projects under the Secretary’s jurisdiction. (c) Innovative Technology Defined.— For the purpose of this section, the term “innovative technology” means designs, materials, or methods which the Secretary determines are previously undemonstrated or are too new to be considered standard practice.

  2. Pub. L. 106–53 title V § 503(b) · 113 Stat. 269

    1. Added · 33 U.S.C. § 2314(b)(d)

      Pub. L. 106–53 added subsec. (b)

    2. Redesignated · 33 U.S.C. § 2314(b)(d)

      Pub. L. 106–53 redesignated former subsecs. (b) and (c) as (c) and (d), respectively

    Source evidence

    Code amendment note
    Subsecs. (b) to (d). Pub. L. 106–53 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

    Enacted provision · exact public law section
    (b) Accelerated Adoption of Innovative Technologies.— Section 8 of the Water Resources Development Act of 1988 (33 U.S.C. 2314) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: “(b) Accelerated Adoption of Innovative Technologies for Management of Contaminated Sediments.— “(1) Test projects.— The Secretary shall approve an appropriate number of projects to test, under actual field conditions, innovative technologies for environmentally sound management of contaminated sediments. “(2) Demonstration projects.— The Secretary may approve an appropriate number of projects to demonstrate innovative technologies that have been pilot tested under paragraph (1). “(3) Conduct of projects.— Each pilot project under paragraph (1) and demonstration project under paragraph (2) shall be conducted by a university with proven expertise in the research and development of contaminated sediment treatment technologies and innovative applications using waste materials. “(4) Location.— At least 1 of the projects under this subsection shall be conducted in New England by the University of New Hampshire.”.

  3. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 title III § 3021 · 128 Stat. 1193

    Substituted · 33 U.S.C. § 2314(d)

    Pub. L. 113–121 substituted “methods, or materials, including roller compacted concrete, geosynthetic materials, and advanced composites, that the Secretary determines are appropriate to carry out this section.” for “materials, or methods which the Secretary determines are previously undemonstrated or are too new to be considered standard practice.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 113–121 substituted “methods, or materials, including roller compacted concrete, geosynthetic materials, and advanced composites, that the Secretary determines are appropriate to carry out this section.” for “materials, or methods which the Secretary determines are previously undemonstrated or are too new to be considered standard practice.”

    Enacted provision · exact public law section
    SEC. 3021. USE OF INNOVATIVE MATERIALS.   Section 8(d) of the Water Resources Development Act of 1988 (33 U.S.C. 2314) is amended by striking “materials” and all that follows through the period at the end and inserting “methods, or materials, including roller compacted concrete, geosynthetic materials, and advanced composites, that the Secretary determines are appropriate to carry out this section.”.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 1988, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments1999–2014 · 2 rounds

2014

Subsec. (d). Pub. L. 113–121 substituted “methods, or materials, including roller compacted concrete, geosynthetic materials, and advanced composites, that the Secretary determines are appropriate to carry out this section.” for “materials, or methods which the Secretary determines are previously undemonstrated or are too new to be considered standard practice.”

1999

Subsecs. (b) to (d). Pub. L. 106–53 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Statutory Notes and Related Subsidiaries

Design-Build Contracting

Pub. L. 106–541, title II, § 221, , 114 Stat. 2596, provided that the Secretary of the Army could conduct a pilot program consisting of not more than 5 authorized projects to test the design-build method of project delivery on various authorized civil works projects of the Corps of Engineers, including levees, pumping plants, revetments, dikes, dredging, weirs, dams, retaining walls, generation facilities, mattress laying, recreation facilities, and other water resources facilities, and, not later than 4 years after , to transmit to Congress a report on the results of the pilot program.

Review of Innovative Dredging Technologies

Pub. L. 106–53, title V, § 503(a), , 113 Stat. 337, provided that:

“(1)

In general.—

Not later than , the Secretary shall complete a review of innovative dredging technologies designed to minimize or eliminate contamination of a water column upon removal of contaminated sediments.

“(2)

Testing.—

“(A)

Selection of technology.—

After completion of the review under paragraph (1), the Secretary shall select, from among the technologies reviewed, the technology that the Secretary determines will best increase the effectiveness of removing contaminated sediments and significantly reduce contamination of the water column.

“(B)

Agreement.—

Not later than , the Secretary shall enter into an agreement with a public or private entity to test the selected technology in the vicinity of Peoria Lakes, Illinois.

“(3)

Authorization of appropriations.—

There is authorized to be appropriated to carry out this subsection $2,000,000.”

Beneficial Use of Waste Tire Rubber

Pub. L. 106–53, title V, § 561, , 113 Stat. 355, provided that:

“(a)

In General.—

The Secretary shall, when appropriate, encourage the beneficial use of waste tire rubber (including crumb rubber and baled tire products) recycled from tires.

“(b)

Included Beneficial Uses.—

Beneficial uses under subsection (a) may include marine pilings, underwater framing, floating docks with built-in flotation, utility poles, and other uses associated with transportation and infrastructure projects receiving Federal funds.

“(c)

Use of Waste Tire Rubber.—

The Secretary shall encourage the use, when appropriate, of waste tire rubber (including crumb rubber) in projects described in subsection (b).”

“Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 100–676, set out as a note under section 2201 of this title.

Credits

1988–2014 · 3 acts
  1. 1988Pub. L. 100–676, § 8, , 102 Stat. 4023
  2. 1999Pub. L. 106–53, title V, § 503(b), , 113 Stat. 337
  3. 2014Pub. L. 113–121, title III, § 3021, , 128 Stat. 1301.
Show as published

(Pub. L. 100–676, § 8, , 102 Stat. 4023; Pub. L. 106–53, title V, § 503(b), , 113 Stat. 337; Pub. L. 113–121, title III, § 3021, , 128 Stat. 1301.)

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