33 U.S.C. § 2325b — Materials, services, and funds for repair, restoration, or rehabilitation of projects
submitted 6 years ago by Pub. L. 116-260 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 453 words · no verdicts yet
This section lets the Secretary accept and sometimes reimburse materials, services, and funds used during an emergency to repair federally authorized water-resources projects. It defines the covered area and emergency period and requires legal compliance and agreements protecting the United States.
(a) Definitions. (1) “Covered area” means an area where a State Governor has asked for an emergency determination, or an area covered by an emergency or major-disaster declaration under the Robert T. Stafford Act. (2) “Emergency period” means, for the first kind of area, the period the Secretary determines the emergency exists, and for the second kind, the time the declaration is in force. This section does not otherwise define the quoted terms it uses.
(b) In a covered area during the emergency period, the Secretary may accept and use materials, services, and funds from a non-Federal interest or private entity to repair, restore, or rehabilitate a federally authorized water-resources project. In the Secretary’s sole discretion and if appropriations are available, the Secretary may reimburse that entity if reimbursement is in the public interest.
(c) The Secretary may reimburse materials or services only if they meet the Secretary’s specifications and all laws and regulations that would apply if the Secretary acquired them, including the listed title 40, title 41, and National Environmental Policy Act provisions.
(d)(1) Before accepting materials, services, or funds, the Secretary and contributor must agree that (A) the contributor will protect and hold the United States harmless from all damages arising from using the contributor’s materials or services, except damage caused by the United States or its contractors; (B) the contributor certifies legal compliance under (c); and (C) any other Secretary-required terms apply. (2) If no agreement was made before materials or services were contributed, the contributor must later agree to (A) the Secretary’s determined value eligible for reimbursement and (B) compliance with (c) and paragraph (1).
In this section:
The term “covered area” means an area—
for which the Governor of a State has requested a determination that an emergency exists; or
covered by an emergency or major disaster declaration declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
The term “emergency period” means—
with respect to a covered area described in paragraph (1)(A), the period during which the Secretary determines an emergency exists; and
with respect to a covered area described in paragraph (1)(B), the period during which the applicable declaration is in effect.
In any covered area, the Secretary is authorized to accept and use materials, services, and funds, during the emergency period, from a non-Federal interest or private entity to repair, restore, or rehabilitate a federally authorized water resources development project, and to provide reimbursement to such non-Federal interest or private entity for such materials, services, and funds, in the Secretary’s sole discretion, and subject to the availability of appropriations, if the Secretary determines that reimbursement is in the public interest.
The Secretary may only reimburse for the use of materials or services accepted under this section if such materials or services meet the Secretary’s specifications and comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary, including sections 3141 through 3148 and 3701 through 3708 of title 40, section 8302 of title 41, and the National Environmental Policy Act of 1969.
Prior to the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest or private entity shall enter into an agreement that specifies—
the non-Federal interest or private entity shall hold and save the United States free from any and all damages that arise from use of materials or services of the non-Federal interest or private entity, except for damages due to the fault or negligence of the United States or its contractors;
the non-Federal interest or private entity shall certify that the materials or services comply with all applicable laws and regulations under subsection (c); and
any other term or condition required by the Secretary.
If an agreement under paragraph (1) was not entered prior to materials or services being contributed, a non-Federal interest or private entity shall enter into an agreement with the Secretary that—
specifies the value, as determined by the Secretary, of those materials or services contributed and eligible for reimbursement; and
ensures that the materials or services comply with subsection (c) and paragraph (1).
Source credit: (Pub. L. 116–260, div. AA, title I, § 130, Dec. 27, 2020, 134 Stat. 2642.)
- 2020Enacted · Pub. L. 116-260 · 134 Stat. 2642
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 2020-12-27.
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