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Current as of January 01, 2024 | Updated by Findlaw Staff
(a)In general
In carrying out repair or maintenance activity of a Federal jetty or breakwater associated with an authorized navigation project, the Secretary shall, notwithstanding the authorized dimensions of the jetty or breakwater, ensure that such repair or maintenance activity is sufficient to meet the authorized purpose of such project, including ensuring that any harbor or inland harbor associated with the project is protected from projected changes in wave action or height (including changes that result from relative sea level change over the useful life of the project).
(b)Classification of activity
The Secretary may not classify any repair or maintenance activity of a Federal jetty or breakwater carried out under subsection (a) as major rehabilitation of such jetty or breakwater--
(1) if the Secretary determines that--
(A) projected changes in wave action or height, including changes that result from relative sea level change, will diminish the functionality of the jetty or breakwater to meet the authorized purpose of the project; and
(B) such repair or maintenance activity is necessary to restore such functionality; or
(2) if--
(A) the Secretary has not carried out regular and routine Federal maintenance activity at the jetty or breakwater; and
(B) the structural integrity of the jetty or breakwater is degraded as a result of a lack of such regular and routine Federal maintenance activity.
Cite this article: FindLaw.com - 33 U.S.C. § 2351b - U.S. Code - Unannotated Title 33. Navigation and Navigable Waters § 2351b. Federal breakwaters and jetties - last updated January 01, 2024 | https://codes.findlaw.com/us/title-33-navigation-and-navigable-waters/33-usc-sect-2351b/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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