§ 2325a. Authority to accept and use materials and services

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. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 title I § 1024 · 128 Stat. 1193

   Enacted · 33 U.S.C. § 2325a

   Pub. L. 113–121, title I, § 1024, June 10, 2014, 128 Stat. 1229

   Source evidence

   Code source credit
   Pub. L. 113–121, title I, § 1024, June 10, 2014, 128 Stat. 1229

   Enacted provision · exact public law section
   SEC. 1024. AUTHORITY TO ACCEPT AND USE MATERIALS AND SERVICES. (a) In General.— 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. (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) Report.— Not later than 60 days after initiating an activity 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 a 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.

2. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1153(1) · 130 Stat. 1628

   1. Added · 33 U.S.C. § 2325a(a)

      Pub. L. 114–322, § 1153(1), added subsec. (a)

   2. Struck · 33 U.S.C. § 2325a(a)

      Pub. L. 114–322, § 1153(1), 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following: “(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.” ;

3. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1153(3) · 130 Stat. 1628

   Redesignated · 33 U.S.C. § 2325a(c)

   Pub. L. 114–322, § 1153(3), added subsec. (c). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–322, § 1153(3), added subsec. (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   (3) by inserting after subsection (b) the following: “(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.” ; and

4. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 § 1153(2) · 130 Stat. 1628

   1. Redesignated · 33 U.S.C. § 2325a(d)

      Pub. L. 114–322, § 1153(2), (4), redesignated subsec. (c) as (d) and, in introductory provisions

   2. Substituted · 33 U.S.C. § 2325a(d)

      Pub. L. 114–322, § 1153(2), (4), 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,”

   3. Substituted · 33 U.S.C. § 2325a(d)

      Pub. L. 114–322, § 1153(2), (4), substituted “an annual report” for “a report”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) by redesignating subsection (c) as subsection (d);

7 of 7 references resolved to an enrolled provision