§ 2314. — Innovative technology.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2314]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2314. 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) 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 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, materials, or methods which the Secretary determines are
previously undemonstrated or are too new to be considered standard
practice.
(Pub. L. 100-676, Sec. 8, Nov. 17, 1988, 102 Stat. 4023; Pub. L. 106-53,
title V, Sec. 503(b), Aug. 17, 1999, 113 Stat. 337.)
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.
Amendments
1999--Subsecs. (b) to (d). Pub. L. 106-53 added subsec. (b) and
redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
Design-Build Contracting
Pub. L. 106-541, title II, Sec. 221, Dec. 11, 2000, 114 Stat. 2596,
provided that:
``(a) Pilot Program.--The Secretary [of the Army] may 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.
``(b) Design-Build Defined.--In this section, the term `design-
build' means an agreement between the Federal Government and a
contractor that provides for both the design and construction of a
project by a single contract.
``(c) Report.--Not later than 4 years after the date of enactment of
this Act [Dec. 11, 2000], the Secretary shall transmit to Congress a
report on the results of the pilot program.''
Review of Innovative Dredging Technologies
Pub. L. 106-53, title V, Sec. 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, Sec. 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.
