33 U.S.C. § 622 : US Code - Section 622: Contracts, etc., with private industry for implementation of projects for improvements and dredging; reduction of federally owned fleet

Search 33 U.S.C. § 622 : US Code - Section 622: Contracts, etc., with private industry for implementation of projects for improvements and dredging; reduction of federally owned fleet

(a) Contracts for dredging and related work
The Secretary of the Army, acting through the Chief of Engineers
(hereinafter referred to as the "Secretary"), in carrying out
projects for improvement of rivers and harbors (other than surveys,
estimates, and gagings) shall, by contract or otherwise, carry out
such work in the manner most economical and advantageous to the
United States. The Secretary shall have dredging and related work
done by contract if he determines private industry has the
capability to do such work and it can be done at reasonable prices
and in a timely manner. During the four-year period which begins on
April 26, 1978, the Secretary may limit the application of the
second sentence of this subsection for work for which the federally
owned fleet is available to achieve an orderly transition to full
implementation of this subsection.
(b) Reduction of federally owned fleet
As private industry reasonably demonstrates its capability under
subsection (a) of this section to perform the work done by the
federally owned fleet, at reasonable prices and in a timely manner,
the federally owned fleet shall be reduced in an orderly manner, as
determined by the Secretary, by retirement of plant. To carry out
emergency and national defense work the Secretary shall retain only
the minimum federally owned fleet capable of performing such work
and he may exempt from the provisions of this section such amount
of work as he determines to be reasonably necessary to keep such
fleet fully operational, as determined by the Secretary, after the
minimum fleet requirements have been determined. Notwithstanding
the preceding sentence, in carrying out the reduction of the
federally owned fleet, the Secretary may retain so much of the
federally owned fleet as he determines necessary, for so long as he
determines necessary, to insure the capability of the Federal
Government and private industry together to carry out projects for
improvements of rivers and harbors. For the purpose of making the
determination required by the preceding sentence the Secretary
shall not exempt any work from the requirements of this section.
The minimum federally owned fleet shall be maintained to
technologically modern and efficient standards, including
replacement as necessary. The Secretary is authorized and directed
to undertake a study to determine the minimum federally owned fleet
required to perform emergency and national defense work. The study,
which shall be submitted to Congress within two years after April
26, 1978, shall also include preservation of employee rights of
persons presently employed on the existing federally owned fleet.
(c) Program to increase use of private hopper dredges
(1) Initiation
The Secretary shall initiate a program to increase the use of
private-industry hopper dredges for the construction and
maintenance of Federal navigation channels.
(2) Ready reserve status for hopper dredge Wheeler
In order to carry out this subsection, the Secretary shall
place the Federal hopper dredge Wheeler in a ready reserve status
not later than the earlier of 90 days after the date of
completion of the rehabilitation of the hopper dredge McFarland
pursuant to section 563 of the Water Resources Development Act of
1996 or October 1, 1997.
(3) Testing and use of ready reserve hopper dredge
The Secretary may periodically perform routine tests of the
equipment of the vessel placed in a ready reserve status under
paragraph (2) to ensure the vessel's ability to perform emergency
work. The Secretary shall not assign any scheduled hopper
dredging work to such vessel but shall perform any repairs needed
to maintain the vessel in a fully operational condition. The
Secretary may place the vessel in active status in order to
perform any dredging work only if the Secretary determines that
private industry has failed to submit a responsive and
responsible bid for work advertised by the Secretary or to carry
out the project as required pursuant to a contract with the
Secretary.
(4) Repair and rehabilitation
The Secretary may undertake any repair and rehabilitation of
any Federal hopper dredge, including the vessel placed in ready
reserve status under paragraph (2) to allow the vessel to be
placed in active status as provided in paragraph (3).
(5) Procedures
The Secretary shall develop and implement procedures to ensure
that, to the maximum extent practicable, private industry hopper
dredge capacity is available to meet both routine and time-
sensitive dredging needs. Such procedures shall include -
(A) scheduling of contract solicitations to effectively
distribute dredging work throughout the dredging season; and
(B) use of expedited contracting procedures to allow dredges
performing routine work to be made available to meet time-
sensitive, urgent, or emergency dredging needs.
(6) Report
Not later than 2 years after October 12, 1996, the Secretary
shall report to Congress on whether the vessel placed in ready
reserve status under paragraph (2) is needed to be returned to
active status or continued in a ready reserve status or whether
another Federal hopper dredge should be placed in a ready reserve
status.
(7) Limitations
(A) Reductions in status
The Secretary may not further reduce the readiness status of
any Federal hopper dredge below a ready reserve status except
any vessel placed in such status for not less than 5 years that
the Secretary determines has not been used sufficiently to
justify retaining the vessel in such status.
(B) Increase in assignments of dredging work
For each fiscal year beginning after October 12, 1996, the
Secretary shall not assign any greater quantity of dredging
work to any Federal hopper dredge in active status than was
assigned to that vessel in the average of the 3 prior fiscal
years.
(C) Remaining dredges
In carrying out the program under this section, the Secretary
shall not reduce the availability and utilization of Federal
hopper dredge vessels stationed on the Pacific and Atlantic
coasts below that which occurred in fiscal year 1996 to meet
the navigation dredging needs of the ports on those coasts.
(8) Contracts; payment of capital costs
The Secretary may enter into a contract for the maintenance and
crewing of any Federal hopper dredge retained in a ready reserve
status. The capital costs (including depreciation costs) of any
dredge retained in such status shall be paid for out of funds
made available from the Harbor Maintenance Trust Fund and shall
not be charged against the Corps of Engineers' Revolving Fund
Account or any individual project cost unless the dredge is
specifically used in connection with that project.