33 U.S.C. § 2314

Innovative technology

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(a) UseThe 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.

Within 2 years after November 17, 1988, 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.

(Pub. L. 100–676, § 8, Nov. 17, 1988, 102 Stat. 4023; Pub. L. 106–53, title V, § 503(b), Aug. 17, 1999, 113 Stat. 337; Pub. L. 113–121, title III, § 3021, June 10, 2014, 128 Stat. 1301.)Editorial NotesCodification

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.

Amendments

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 SubsidiariesDesign-Build Contracting

Pub. L. 106–541, title II, § 221, Dec. 11, 2000, 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 Dec. 11, 2000, 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), Aug. 17, 1999, 113 Stat. 337, provided that:“(1)In general.—Not later than June 1, 2001, 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 December 31, 2001, 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, Aug. 17, 1999, 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.

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: United States v. Fitzpatrick (4th Cir. 1997).

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United States v. Fitzpatrick (4th Cir. 1997). “See 33 U.S.C. § 2314 (1994), 18 U.S.C. § 2 (1994).”

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