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§ 2280. —  Maximum cost of projects.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 33USC2280]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                 CHAPTER 36--WATER RESOURCES DEVELOPMENT
 
                    SUBCHAPTER V--GENERAL PROVISIONS
 
Sec. 2280. Maximum cost of projects

    In order to insure against cost overruns, each total cost set forth 
with respect to a project for water resources development and 
conservation and related purposes authorized to be carried out by the 
Secretary in this Act or in a law enacted after the date of the 
enactment of this Act, including the Water Resources Development Act of 
1988, or in an amendment made by this Act or any later law with respect 
to such a project shall be the maximum cost of that project, except that 
such maximum amount--
        (1) may be increased by the Secretary for modifications which do 
    not materially alter the scope or functions of the project as 
    authorized, but not by more than 20 percent of the total cost stated 
    for the project in this Act, in any later law, or in an amendment 
    made by this Act or any later law; and
        (2) shall be automatically increased for--
            (A) changes in construction costs applied to unconstructed 
        features (including real property acquisitions, preconstruction 
        studies, planning, engineering, and design) from the date of 
        enactment of this Act or any later law (unless otherwise 
        specified) as indicated by engineering and other appropriate 
        cost indexes; and
            (B) additional studies, modifications, and actions 
        (including mitigation and other environmental actions) 
        authorized by this Act or any later law or required by changes 
        in Federal law.

(Pub. L. 99-662, title IX, Sec. 902, Nov. 17, 1986, 100 Stat. 4183; Pub. 
L. 100-676, Sec. 3(b), Nov. 17, 1988, 102 Stat. 4014.)

                       References in Text

    This Act, referred to in text, is Pub. L. 99-662, Nov. 17, 1986, 100 
Stat. 4082, as amended, known as the Water Resources Development Act of 
1986. For complete classification of this Act to the Code, see Short 
Title note set out under section 2201 of this title and Tables.
    The date of enactment of this Act, referred to in text, is the date 
of enactment of Pub. L. 99-662, which was approved Nov. 17, 1986.
    The Water Resources Development Act of 1988, referred to in text, is 
Pub. L. 100-676, Nov. 17, 1988, 102 Stat. 4012. For complete 
classification of this Act to the Code, see Short Title of 1988 
Amendment note set out under section 2201 of this title and Tables.


                               Amendments

    1988--Pub. L. 100-676, Sec. 3(b)(1), substituted ``with respect to a 
project for water resources development and conservation and related 
purposes authorized to be carried out by the Secretary in this Act or in 
a law enacted after the date of the enactment of this Act, including the 
Water Resources Development Act of 1988, or in an amendment made by this 
Act or any later law with respect to such a project'' for ``in this Act, 
or an amendment made by this Act, for a project''.
    Par. (1). Pub. L. 100-676, Sec. 3(b)(2), inserted ``, in any later 
law,'' after ``in this Act'', and ``or any later law'' after ``by this 
Act''.
    Par. (2). Pub. L. 100-676, Sec. 3(b)(3), (4), inserted ``or any 
later law'' after ``of this Act'' in subpars. (A) and (B).



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