§ 2232. Construction of water resources development projects by non-Federal interests

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Harbor Development and Navigation Improvement Act of 1986

   Pub. L. 99–662 title II § 204 · 100 Stat. 4082

   Enacted · 33 U.S.C. § 2232

   Pub. L. 99–662, title II, § 204, Nov. 17, 1986, 100 Stat. 4099

   Source evidence

   Code source credit
   Pub. L. 99–662, title II, § 204, Nov. 17, 1986, 100 Stat. 4099

   Enacted provision · exact public law section
   SEC. 204. CONSTRUCTION OF PROJECTS BY NON-FEDERAL INTERESTS. (a) Authority.— In addition to projects undertaken pursuant to sections 201 and 202 of this title, any non-Federal interest is authorized to undertake navigational improvements in harbors or inland harbors of the United States, subject to obtaining any permits required pursuant to Federal and State laws in advance of the actual construction of such improvements. (b) Studies and Engineering.— When requested by an appropriate non-Federal interest the Secretary is authorized to undertake all necessary studies and engineering for any construction to be undertaken under the terms of subsection (a) of this section, and provide technical assistance in obtaining all necessary permits, if the non-Federal interest contracts with the Secretary to furnish the United States funds for such studies and engineering during the period that they are conducted. (c) Completion of Studies.— The Secretary is authorized to complete and transmit to the appropriate non-Federal interest any study for improvements to harbors or inland harbors of the United States which were initiated prior to the date of enactment of this Act, or, upon the request of such non-Federal interest, to terminate such study and transmit such partially completed study to the non-Federal interest. Studies under this subsection shall be completed without regard to the requirements of subsection (b) of this section. (d) Authority to Carry Out Improvement.— Any non-Federal interest which has requested and received from the Secretary pursuant to subsection (b) or (c) of this section, the completed study and engineering for an improvement to a harbor or an inland harbor, or separable element thereof, for the purpose of constructing such improvement and for which improvement a final environmental impact statement has been filed, shall be authorized to carry out the terms of the plan for such improvement. Any plan of improvement proposed to be implemented in accordance with this subsection shall be deemed to satisfy the requirements for obtaining the appropriate permits required under the Secretary’s authority and such permits shall be granted subject to the non-Federal interest’s acceptance of the terms and conditions of such permits: Provided, That the Secretary determines that the applicable regulatory criteria and procedures have been satisfied. The Secretary shall monitor any project for which permits are granted under this subsection in order to ensure that such project is constructed (and, in those cases where such activities will not be the responsibility of the Secretary, operated and maintained) in accordance with the terms and conditions of such permits. (e) Reimbursement.— (1) General rule.— Subject to the enactment of appropriation Acts, the Secretary is authorized to reimburse any non-Federal interest an amount equal to the estimate of Federal share, without interest, of the cost of any authorized harbor or inland harbor improvement, or separable element thereof, constructed under the terms of this section if— (A) after authorization of the project and before initiation of construction of the project or separable element— (i) the Secretary approves the plans of construction of such project by such non-Federal interest, and (ii) Contracts. such non-Federal interest enters into an agreement to pay the non-Federal share, if any, of the cost of operation and maintenance of such project; and (B) the Secretary finds before approval of the plans of construction of the project that the project, or separable element, is economically justified and environmentally acceptable. (2) Matters to Be Considered in Reviewing Plans.— In reviewing such plans, the Secretary shall consider budgetary and programmatic priorities, potential impacts on the cost of dredging projects nationwide, and other factors that the Secretary deems appropriate. (3) Monitoring.— The Secretary shall regularly monitor and audit any project for a harbor or inland harbor constructed under this subsection by a non-Federal interest in order to ensure that such construction is in compliance with the plans approved by the Secretary, and that costs are reasonable. No reimbursement shall be made unless and until the Secretary has certified that the work for which reimbursement is requested has been performed in accordance with applicable permits and the approved plans. (e) Operation and Maintenance.— Whenever a non-Federal interest constructs improvements to any harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 101(b) if— (1) the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically justified, environmentally acceptable, and consistent with the purposes of this title; (2) the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards; and (3) the Secretary does not find that the project, or separable element thereof, is no longer economically justified or environmentally acceptable. (f) Demonstration of Non-Federal Interests Acting as Agent of Secretary.— For the purpose of demonstrating the potential advantages and efficiencies of non-Federal management of projects, the Secretary may approve as many as two proposals pursuant to which the non-Federal interests will undertake part or all of a harbor project authorized by Congress as the agent of the Secretary by utilizing its own personnel or by procuring outside services, so long as the cost of doing so will not exceed the cost of the Secretary undertaking the project.

2. 1990

   Water Resources Development Act of 1990

   Pub. L. 101–640 § 303(a) · 104 Stat. 4604

   Inserted · 33 U.S.C. § 2232(c)

   Pub. L. 101–640, § 303(a), inserted after first sentence “The Secretary is further authorized to complete and transmit to the appropriate non-Federal interest any study for improvement to harbors or inland harbors of the United States that is initiated pursuant to section 577 of this title or, upon request of such non-Federal interest, to terminate such study and transmit such partially completed study to the non-Federal interest.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–640, § 303(a), inserted after first sentence “The Secretary is further authorized to complete and transmit to the appropriate non-Federal interest any study for improvement to harbors or inland harbors of the United States that is initiated pursuant to section 577 of this title or, upon request of such non-Federal interest, to terminate such study and transmit such partially completed study to the non-Federal interest.”

   Enacted provision · exact public law section
   (a) Transmission of Harbor Improvement Studies to Non-Federal Interests — Section 204(c) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(c)) is amended by inserting after the first sentence the following new sentence: “The Secretary is further authorized to complete and transmit to the appropriate non-Federal interest any study for improvement to harbors or inland harbors of the United States that is initiated pursuant to section 107 of the River and Harbor Act of 1960 or, upon request of such non-Federal interest, to terminate such study and transmit such partially completed study to the non-Federal interest.”.

3. 1990

   Water Resources Development Act of 1990

   Pub. L. 101–640 § 303(b)(1) · 104 Stat. 4604

   Redesignated · 33 U.S.C. § 2232(e)

   Pub. L. 101–640, § 303(b)(1), redesignated subsec. (e), relating to operation and maintenance, as (f)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 101–640, § 303(b)(1), redesignated subsec. (e), relating to operation and maintenance, as (f).

   Enacted provision · exact public law section
   (1) by redesignating the second subsection (e) and subsection (f), and any reference thereto, as subsections (f) and (g), respectively;

4. 1990

   Water Resources Development Act of 1990

   Pub. L. 101–640 § 303(b)(2) · 104 Stat. 4604

   Inserted · 33 U.S.C. § 2232(e)(1)

   Pub. L. 101–640, § 303(b)(2), (3), in introductory provisions inserted “including any small navigation project approved pursuant to section 577 of this title,” after “or separable element thereof,” and in subpar. (A) inserted “(or, in the case of a small navigation project, after completion of a favorable project report by the Corps of Engineers)” after “authorization of the project”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 101–640, § 303(b)(2), (3), in introductory provisions inserted “including any small navigation project approved pursuant to section 577 of this title,” after “or separable element thereof,” and in subpar. (A) inserted “(or, in the case of a small navigation project, after completion of a favorable project report by the Corps of Engineers)” after “authorization of the project”.

   Enacted provision · exact public law section
   (2) in paragraph (1) of the first subsection (e) by inserting “including any small navigation project approved pursuant to section 107 of the River and Harbor Act of 1960,” after “or separable element thereof,”; and

5. 1990

   Water Resources Development Act of 1990

   Pub. L. 101–640 § 303(b)(1) · 104 Stat. 4604

   Redesignated · 33 U.S.C. § 2232(f)

   Pub. L. 101–640, § 303(b)(1), redesignated subsec. (e), relating to operation and maintenance, as (f). Former subsec. (f) redesignated (g)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 101–640, § 303(b)(1), redesignated subsec. (e), relating to operation and maintenance, as (f). Former subsec. (f) redesignated (g).

   Enacted provision · exact public law section
   (1) by redesignating the second subsection (e) and subsection (f), and any reference thereto, as subsections (f) and (g), respectively;

6. 1990

   Water Resources Development Act of 1990

   Pub. L. 101–640 § 303(b)(1) · 104 Stat. 4604

   Redesignated · 33 U.S.C. § 2232(g)

   Pub. L. 101–640, § 303(b)(1), redesignated subsec. (f) as (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 101–640, § 303(b)(1), redesignated subsec. (f) as (g).

   Enacted provision · exact public law section
   (1) by redesignating the second subsection (e) and subsection (f), and any reference thereto, as subsections (f) and (g), respectively;

7. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 title I § 1014(b)(1) · 128 Stat. 1193

   Amended · 33 U.S.C. § 2232

   Pub. L. 113–121 amended section generally. Prior to amendment, section related to construction of projects by non-Federal interests

   Source evidence

   Code amendment note
   Pub. L. 113–121 amended section generally. Prior to amendment, section related to construction of projects by non-Federal interests.

   Enacted provision · exact public law section
   (1) In general.— Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) is amended to read as follows: “SEC. 204. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. “(a) Water Resources Development Project Defined.— In this section, the term ‘water resources development project’ means a project recommendation that results from— “(1) a feasibility report, as such term is defined in section 7001(f) of the Water Resources Reform and Development Act of 2014; “(2) a completed feasibility study developed under section 203; or “(3) a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary. “(b) Authority.— “(1) In general.— A non-Federal interest may carry out a water resources development project, or separable element thereof— “(A) in accordance with a plan approved by the Secretary for the project or separable element; and “(B) subject to any conditions that the Secretary may require, including any conditions specified under section 203(c)(3). “(2) Conditions.— Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall— “(A) obtain any permit or approval required in connection with the project or separable element under Federal or State law; and “(B) ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed. “(c) Studies and Engineering.— When requested by an appropriate non-Federal interest, the Secretary may undertake all necessary studies and engineering for any construction to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance in the period during which the studies and engineering are being conducted. “(d) Credit or Reimbursement.— “(1) General rule.— Subject to paragraph (3), a project or separable element of a project carried out by a non-Federal interest under this section shall be eligible for credit or reimbursement for the Federal share of work carried out on a project or separable element of a project if— “(A) before initiation of construction of the project or separable element— “(i) the Secretary approves the plans for construction of the project or separable element of the project by the non-Federal interest; “(ii) the Secretary determines, before approval of the plans, that the project or separable element of the project is feasible; and “(iii) the non-Federal interest enters into a written agreement with the Secretary under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), including an agreement to pay the non-Federal share, if any, of the cost of operation and maintenance of the project; and “(B) the Secretary determines that all Federal laws and regulations applicable to the construction of a water resources development project, and any conditions identified under subsection (b)(1)(B), were complied with by the non-Federal interest during construction of the project or separable element of the project. “(2) Application of credit.— The Secretary may apply credit toward— “(A) the non-Federal share of authorized separable elements of the same project; or “(B) subject to the requirements of this section and section 1020 of the Water Resources Reform and Development Act of 2014, at the request of the non-Federal interest, the non-Federal share of a different water resources development project. “(3) Requirements.— The Secretary may only apply credit or provide reimbursement under paragraph (1) if— “(A) Congress has authorized construction of the project or separable element of the project; and “(B) the Secretary certifies that the project has been constructed in accordance with— “(i) all applicable permits or approvals; and “(ii) this section. “(4) Monitoring.— The Secretary shall regularly monitor and audit any water resources development project, or separable element of a water resources development project, constructed by a non-Federal interest under this section to ensure that— “(A) the construction is carried out in compliance with the requirements of this section; and “(B) the costs of the construction are reasonable. “(e) Notification of Committees.— If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out a project, or separable element thereof, under this section, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives concerning the intent of the non-Federal interest. “(f) Operation and Maintenance.— Whenever a non-Federal interest carries out improvements to a federally authorized harbor or inland harbor, the Secretary shall be responsible for operation and maintenance in accordance with section 101(b) if— “(1) before construction of the improvements— “(A) the Secretary determines that the improvements are feasible and consistent with the purposes of this title; and “(B) the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements; “(2) the Secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards; and “(3) the Secretary does not find that the project or separable element is no longer feasible.” .

8. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 title I § 1127 · 130 Stat. 1628

   Added · 33 U.S.C. § 2232(d)(5)

   Pub. L. 114–322 added par. (5)

   Source evidence

   Code amendment note
   Subsec. (d)(5). Pub. L. 114–322 added par. (5).

   Enacted provision · exact public law section
   SEC. 1127. NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD DAMAGE REDUCTION PROJECTS.   Section 204(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(d)) is amended by adding at the end the following: “(5) Discrete segments.— “(A) In general.— The Secretary may authorize credit or reimbursement under this subsection for a discrete segment of a flood damage reduction project, or separable element thereof, before final completion of the project or separable element if— “(i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and “(ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable. “(B) Determination.— Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that— “(i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and “(ii) the construction is consistent with the authorization of the applicable flood damage reduction project, or separable element thereof, and the plans approved under paragraph (1)(A)(i). “(C) Written agreement.— “(i) In general.— As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall— “(I) identify any discrete segment that the non-Federal interest may carry out; and “(II) agree to the completion of the flood damage reduction project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion. “(ii) Remittance.— If a non-Federal interest fails to complete a flood damage reduction project, or separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element. “(D) Discrete segment defined.— In this paragraph, the term ‘discrete segment’ means a physical portion of a flood damage reduction project, or separable element thereof— “(i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and “(ii) that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the flood damage reduction project, or separable element thereof.” .

9. 2018

   Water Resources Development Act of 2018

   Pub. L. 115–270 § 1153(1)(A) · 132 Stat. 3765

   Inserted · 33 U.S.C. § 2232(b)(1)

   Pub. L. 115–270, § 1153(1)(A), inserted “federally authorized” before “water resources development project” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 115–270, § 1153(1)(A), inserted “federally authorized” before “water resources development project” in introductory provisions.

   Enacted provision · exact public law section
   (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting “federally authorized” before “water resources development project”;

10. 2018

    Water Resources Development Act of 2018

    Pub. L. 115–270 § 1153(1)(B) · 132 Stat. 3765

    Inserted · 33 U.S.C. § 2232(b)(2)(A)

    Pub. L. 115–270, § 1153(1)(B), inserted “, except as provided in paragraph (3)” after “Federal or State law”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 115–270, § 1153(1)(B), inserted “, except as provided in paragraph (3)” after “Federal or State law”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(A), by inserting “, except as provided in paragraph (3)” before the semicolon; and

11. 2018

    Water Resources Development Act of 2018

    Pub. L. 115–270 § 1153(1)(C) · 132 Stat. 3765

    Added · 33 U.S.C. § 2232(b)(3); 33 U.S.C. § 2232(b)(4)

    Pub. L. 115–270, § 1153(1)(C), added pars. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (b)(3), (4). Pub. L. 115–270, § 1153(1)(C), added pars. (3) and (4).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(3) Permit exception.— “(A) In general.— For a project described in subsection (a)(1) or subsection (a)(3), or a separable element thereof, with respect to which a written agreement described in subparagraph (B) has been entered into, a non-Federal interest that carries out a project under this section shall not be required to obtain any Federal permits or approvals that would not be required if the Secretary carried out the project or separable element unless significant new circumstances or information relevant to environmental concerns or compliance have arisen since development of the project recommendation. “(B) Written agreement.— For purposes of this paragraph, a written agreement shall provide that the non-Federal interest shall comply with the same legal and technical requirements that would apply if the project or separable element were carried out by the Secretary, including all mitigation required to offset environmental impacts of the project or separable element as determined by the Secretary. “(C) Certifications.— Notwithstanding subparagraph (A), if a non-Federal interest carrying out a project under this section would, in the absence of a written agreement entered into under this paragraph, be required to obtain a certification from a State under Federal law to carry out the project, such certification shall still be required if a written agreement is entered into with respect to the project under this paragraph. “(4) Data sharing.— “(A) In general.— If a non-Federal interest for a water resources development project begins to carry out that water resources development project under this section, the non-Federal interest may request that the Secretary transfer to the non-Federal interest all relevant data and documentation under the control of the Secretary with respect to that water resources development project. “(B) Deadline.— Except as provided in subparagraph (C), the Secretary shall transfer the data and documentation requested by a non-Federal interest under subparagraph (A) not later than the date that is 90 days after the date on which the non-Federal interest so requests such data and documentation. “(C) Limitation.— Nothing in this paragraph obligates the Secretary to share any data or documentation that the Secretary considers to be proprietary information.” ;

12. 2018

    Water Resources Development Act of 2018

    Pub. L. 115–270 § 1153(2) · 132 Stat. 3765

    Amended · 33 U.S.C. § 2232(c)

    Pub. L. 115–270, § 1153(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “When requested by an appropriate non-Federal interest, the Secretary may undertake all necessary studies and engineering for any construction to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance in the period during which the studies and engineering are being conducted.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–270, § 1153(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “When requested by an appropriate non-Federal interest, the Secretary may undertake all necessary studies and engineering for any construction to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance in the period during which the studies and engineering are being conducted.”

    Enacted provision · exact public law section
    (2) by amending subsection (c) to read as follows: “(c) Studies and Engineering.— “(1) In general.— When requested by an appropriate non-Federal interest, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance on construction in the period during which the studies, engineering, or technical assistance on construction are being conducted. “(2) No waiver.— Nothing in this section may be construed to waive any requirement of section 3142 of title 40, United States Code. “(3) Limitation.— Funds provided by non-Federal interests under this subsection shall not be eligible for credit or reimbursement under subsection (d). “(4) Impartial decisionmaking.— In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally.” ; and

13. 2018

    Water Resources Development Act of 2018

    Pub. L. 115–270 § 1153(3)(A) · 132 Stat. 3765

    Added · 33 U.S.C. § 2232(d)(3)(C)

    Pub. L. 115–270, § 1153(3)(A), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(C). Pub. L. 115–270, § 1153(3)(A), added subpar. (C).

    Enacted provision · exact public law section
    (A) in paragraph (3)— (i) in subparagraph (A), by striking “; and” and inserting a semicolon; (ii) in subparagraph (B)(ii), by striking the period at the end and inserting “; and”; and (iii) by adding at the end the following: “(C) in the case of reimbursement, appropriations are provided by Congress for such purpose.” ; and

14. 2018

    Water Resources Development Act of 2018

    Pub. L. 115–270 § 1153(3)(B)(i) · 132 Stat. 3765

    Substituted · 33 U.S.C. § 2232(d)(5)

    Pub. L. 115–270, § 1153(3)(B)(i), substituted “water resources development” for “flood damage reduction” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 115–270, § 1153(3)(B)(i), substituted “water resources development” for “flood damage reduction” wherever appearing.

    Enacted provision · exact public law section
    (i) by striking “flood damage reduction” each place it appears and inserting “water resources development”;

15. 2018

    Water Resources Development Act of 2018

    Pub. L. 115–270 § 1153(3)(B)(ii) · 132 Stat. 3765

    Substituted · 33 U.S.C. § 2232(d)(5)(A)

    Pub. L. 115–270, § 1153(3)(B)(ii), substituted “for carrying out a discrete segment of a federally authorized” for “for a discrete segment of a” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(5)(A). Pub. L. 115–270, § 1153(3)(B)(ii), substituted “for carrying out a discrete segment of a federally authorized” for “for a discrete segment of a” in introductory provisions.

    Enacted provision · exact public law section
    (ii) in subparagraph (A), by striking “for a discrete segment of a” and inserting “for carrying out a discrete segment of a federally authorized”; and

16. 2018

    Water Resources Development Act of 2018

    Pub. L. 115–270 § 1153(3)(B)(iii) · 132 Stat. 3765

    Inserted · 33 U.S.C. § 2232(d)(5)(D)

    Pub. L. 115–270, § 1153(3)(B)(iii), inserted “to be carried out” after “project” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(5)(D). Pub. L. 115–270, § 1153(3)(B)(iii), inserted “to be carried out” after “project” in introductory provisions.

    Enacted provision · exact public law section
    (iii) in subparagraph (D), in the matter preceding clause (i), by inserting “to be carried out” after “project”.

17. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 105(a) · 134 Stat. 1182

    Substituted · 33 U.S.C. § 2232(c)(1)

    Pub. L. 116–260, § 105(a), substituted “under this section” for “under subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 116–260, § 105(a), substituted “under this section” for “under subsection (b)”.

    Enacted provision · exact public law section
    Sec. 105. Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Reimbursement. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.

18. 2020

    Department of Commerce Appropriations Act, 2021

    Pub. L. 116–260 § 105(b) · 134 Stat. 1182

    Amended · 33 U.S.C. § 2232(f)

    Pub. L. 116–260, § 105(b), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to operation and maintenance

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–260, § 105(b), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to operation and maintenance.

    Enacted provision · exact public law section
    Sec. 105. Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Reimbursement. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.

19. 2025

    Pub. L. 118–272 § 1110(a)(1) · 138 Stat. 3009

    1. Added · 33 U.S.C. § 2232(c)(1)

       Pub. L. 118–272, § 1110(a)(1), added par. (1)

    2. Struck · 33 U.S.C. § 2232(c)(1)

       Pub. L. 118–272, § 1110(a)(1), struck out former par. (1). Prior to amendment, text read as follows: “When requested by an appropriate non-Federal interest, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project to be undertaken under this section, and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance on construction in the period during which the studies, engineering, or technical assistance on construction are being conducted.”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 118–272, § 1110(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “When requested by an appropriate non-Federal interest, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project to be undertaken under this section, and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance on construction in the period during which the studies, engineering, or technical assistance on construction are being conducted.”

20. 2025

    Pub. L. 118–272 § 1110(a)(2)(A) · 138 Stat. 3009

    Substituted · 33 U.S.C. § 2232(d)(1)(A)(i); 33 U.S.C. § 2232(d)(1)(A)(ii)

    Pub. L. 118–272, § 1110(a)(2)(A), substituted “plan” for “plans”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A)(i), (ii). Pub. L. 118–272, § 1110(a)(2)(A), substituted “plan” for “plans”.

21. 2025

    Pub. L. 118–272 § 1110(a)(2)(B) · 138 Stat. 3009

    Inserted · 33 U.S.C. § 2232(d)(3)(B)

    Pub. L. 118–272, § 1110(a)(2)(B), inserted “, discrete segment of the project, or separable element of the project” after “certifies that the project”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B). Pub. L. 118–272, § 1110(a)(2)(B), inserted “, discrete segment of the project, or separable element of the project” after “certifies that the project”.

22. 2025

    Pub. L. 118–272 § 1110(a)(2)(C) · 138 Stat. 3009

    Substituted · 33 U.S.C. § 2232(d)(5)(A)(ii); 33 U.S.C. § 2232(d)(5)(B)(ii)

    Pub. L. 118–272, § 1110(a)(2)(C), substituted “plan” for “plans”

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(5)(A)(ii), (B)(ii). Pub. L. 118–272, § 1110(a)(2)(C), substituted “plan” for “plans”.

23. 2025

    Pub. L. 118–272 § 1110(a)(2)(D) · 138 Stat. 3009

    Added · 33 U.S.C. § 2232(d)(6)

    Pub. L. 118–272, § 1110(a)(2)(D), added par. (6)

    Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 118–272, § 1110(a)(2)(D), added par. (6).

18 of 24 references resolved to an enrolled provision · 6 unresolved