§2323 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary can let Army Corps of Engineers research labs help private and public groups (like companies, partnerships, foundations, universities, and nonprofits) that operate in the United States, its territories, Puerto Rico, or the Northern Mariana Islands. The group must pay all costs up front before the United States is required to pay, the Secretary must find the work fits the Corps’ mission and is in the public interest, the group must say the help cannot be reasonably and quickly bought from the private sector, and the group must agree to keep the United States free from any damages. The Secretary may provide the help by contract.

Title 33, §2323

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary is authorized to use Corps of Engineers research and development laboratories to provide research and development assistance to corporations, partnerships, limited partnerships, consortia, public and private foundations, universities, and nonprofit organizations operating within the United States, territories or possessions of the United States, and the Commonwealths of Puerto Rico and the Northern Mariana Islands—

(1)if the entity furnishes in advance of fiscal obligation by the United States such funds as are necessary to cover any and all costs of such research and development assistance;

(2)if the Secretary determines that the research and development assistance to be provided is within the mission of the Corps of Engineers and is in the public interest;

(3)if the entity has certified to the Secretary that provision of such research and development assistance is not otherwise reasonably and expeditiously obtainable from the private sector; and

(4)if the entity has agreed to hold and save the United States free from any damages due to any such research and development assistance.

(b)The Secretary may provide research and development assistance under subsection (a), or any part thereof, by contract.

(c)

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 318 of Pub. L. 101–640. Subsec. (c) of section 318 of Pub. L. 101–640 amended section 2314a of this title. Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.

§2323 Technical assistance to private entities

Summary

Title 33, §2323

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata