33 U.S.C. § 2325a — Authority to accept and use materials and services
submitted 12 years ago by Pub. L. 113-121 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 298 words · no verdicts yet
The Secretary may accept donated materials, services, or funds to repair or maintain a water-resources project when the District Commander finds a risk to the project’s authorized function and acceptance serves the public interest. Donors receive no credit or reimbursement, and the materials and services must meet legal and supplemental-service rules.
(a) Subject to subsection (b), the Secretary may accept and use materials, services, or funds from a non-Federal public entity, nonprofit, or private entity to repair, restore, replace, or maintain a water-resources project when the District Commander finds (1) a risk of harm to the project’s function for its authorized purposes and (2) that acceptance is in the public interest. (b) A contributor cannot receive credit or reimbursement for donated materials or services. (c)(1) The Secretary may use accepted materials or services only if they comply with every law and regulation that would apply if the Secretary acquired them. (2) Accepted services must supplement existing Federal employees and may be used only for work that funding or personnel limits would otherwise prevent. (d) By February 1 of each year after the first fiscal year in which materials, services, or funds are accepted, the Secretary must report to the listed Senate and House committees. The report must describe the activities and their costs, and comprehensively explain why they are needed to keep the project safe and reliable.
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—
there is a risk of adverse impacts to the functioning of the project for the authorized purposes of the project; and
acceptance of the materials and services or funds is in the public interest.
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.
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.
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.
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—
a description of the activities undertaken, including the costs associated with the activities; and
a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project.
Source credit: (Pub. L. 113–121, title I, § 1024, June 10, 2014, 128 Stat. 1229; Pub. L. 114–322, title I, § 1153, Dec. 16, 2016, 130 Stat. 1663.)
- 2014Enacted · Pub. L. 113-121 · 128 Stat. 1229
- 2016Amended · Pub. L. 114-322 · 130 Stat. 1663
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-121 on 2014-06-10.
all 0 arguments · sorted by: best
no arguments yet — make the first case