Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2323. Technical assistance to private entities
Statutory text
Use of Corps research and development labs
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—
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;
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;
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
if the entity has agreed to hold and save the United States free from any damages due to any such research and development assistance.
Contract
The Secretary may provide research and development assistance under subsection (a), or any part thereof, by contract.
Omitted
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.
Water Resources Development Act of 1990
Pub. L. 101–640 title III § 318 · 104 Stat. 4604
Enacted · 33 U.S.C. § 2323
(Pub. L. 101–640, title III, § 318, Nov. 28, 1990, 104 Stat. 4641.)
Source evidence
Code source credit
(Pub. L. 101–640, title III, § 318, Nov. 28, 1990, 104 Stat. 4641.)Enacted provision · exact public law section
SEC. 318. TECHNICAL ASSISTANCE TO PRIVATE ENTITIES. (a) Use of Corps Research and Development Labs.— The Secretary Territories. 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) Contract.— The Secretary may provide research and development assistance under subsection (a), or any part thereof, by contract. (c) Technical Assistance Program.— Section 9 of the Water 33 USC 2314a. Resources Development Act of 1988 (102 Stat. 4024; 33 U.S.C. 2314 note) is amended— (1) in the section heading by striking “DEMONSTRATION”; (2) in the first sentence of subsection (a) by striking “to undertake a demonstration program for a 2-year period, which shall begin within 6 months after the date of the enactment of this Act,”; (3) by striking subsection (d); and (4) by redesignating subsection (e), and any reference thereto, as subsection (d).
1 of 1 references resolved to an enrolled provision
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.