33 U.S.C. § 2325a: Authority to accept and use…

Summary

The Secretary can take and use materials, services, or money from state or local governments, nonprofits, or private groups to repair, restore, replace, or maintain a water resources project when the District Commander finds the project’s ability to serve its intended purpose is at risk and accepting the help is in the public interest. Anyone who gives materials or services cannot get credit or be paid back for their value. Accepted items and work must follow the same laws and rules that would apply if the government bought them. Services must only add to federal staff and be used for work that would not be done because of money or staffing limits. No later than February 1 of each year after the first fiscal year in which anything was accepted, the Secretary must send a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report must describe the activities and costs and explain how they were needed to keep the project safe and reliable.

Title 33, §2325a

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general

Subject to subsection (b), the Secretary is authorized to accept and use materials, services, or funds contributed by a non-Federal public entity, a nonprofit entity, or a private entity to repair, restore, replace, or maintain a water resources project in any case in which the District Commander determines that—

(1)there is a risk of adverse impacts to the functioning of the project for the authorized purposes of the project; and

(2)acceptance of the materials and services or funds is in the public interest.

(b)Limitation

Any entity that contributes materials or services under subsection (a) shall not be eligible for credit or reimbursement for the value of such materials or services.

(c)Additional requirements

(1)Applicable laws and regulations

The Secretary may only use materials or services accepted under this section if such materials and services comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary.

(2)Supplementary services

The Secretary may only accept and use services under this section that provide supplementary services to existing Federal employees, and may only use such services to perform work that would not otherwise be accomplished as a result of funding or personnel limitations.

(d)Report

Not later than February 1 of each year after the first fiscal year in which materials, services, or funds are accepted under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report that includes—

(1)a description of the activities undertaken, including the costs associated with the activities; and

(2)a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2016—Subsec. (a). Pub. L. 114–322, § 1153(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “Subject to subsection (b), the Secretary is authorized to accept and use materials and services contributed by a non-Federal public entity, a nonprofit entity, or a private entity for the purpose of repairing, restoring, or replacing a water resources development project that has been damaged or destroyed as a result of an emergency if the Secretary determines that the acceptance and use of such materials and services is in the public interest.” Subsec. (c). Pub. L. 114–322, § 1153(3), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 114–322, § 1153(2), (4), redesignated subsec. (c) as (d) and, in introductory provisions, substituted “Not later than February 1 of each year after the first fiscal year in which materials, services, or funds are accepted under this section,” for “Not later than 60 days after initiating an activity under this section,” and “an annual report” for “a report”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

§2325a Authority to Accept and Use Materials and Services