§2331 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Even if other laws say otherwise, the Secretary must not use a rule that requires full funding up front for a water project that has already begun construction but does not have enough money to finish. The Secretary must enter a continuing contract for the project. A project is counted as begun on the date Congress enacts funding for it from one of these accounts: Construction, General; Operation and Maintenance, General; or Flood Control, Mississippi River and Tributaries.

Title 33, §2331

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, the Secretary shall not implement a fully allocated funding policy with respect to a water resource project if initiation of construction has occurred but sufficient funds are not available to complete the project.

(b)The Secretary shall enter into a continuing contract for a project described in subsection (a).

(c)For the purposes of this section, initiation of construction for a project occurs on the date of enactment of an Act that appropriates funds for the project from 1 of the following appropriation accounts:

(1)Construction, General.

(2)Operation and Maintenance, General.

(3)Flood Control, Mississippi River and Tributaries.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1999, 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. 106–53, set out as a note under section 2201 of this title.

§2331 Use of Continuing Contracts for Construction of Certain Projects

Summary

Title 33, §2331

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata