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33 U.S.C. § 2212 — Review of contracting policies
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review of contractual agreements**
(1) **In general** — Not later than 180 days after December 27, 2020, the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the Secretary and non-Federal interests and utilities associated with the construction of water resources development projects.
(2) **Report** — Not later than 90 days after completing the review under subsection (a)(1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report that includes—
(A) a summary of the results of the review; and
(B) public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities.
(3) **Provision of guidance** — The Secretary shall provide the best practices guidance included under paragraph (2)(A) to non-Federal interests prior to the development of contractual agreements with such non-Federal interests.
**(b) Sense of Congress** It is the sense of Congress that the Secretary should maximize use of nonprice tradeoff procedures in competitive acquisitions for carrying out emergency work in an area with respect to which the President has declared a major disaster under [section 5170 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2212
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Stable record: federal_law:legal_authorities:record_usc_c501498d107669f0d5f12525
Source file: Laws/federal/codes/united-states-code/title-33/section-2212-review-of-contracting-policies--e9a06714fa.md
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Source location: Title 33, Chapter 36, § 2212; chapter-036-water-resources-development.md
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**(a) Review of contractual agreements**
(1) **In general** — Not later than 180 days after December 27, 2020, the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the Secretary and non-Federal interests and utilities associated with the construction of water resources development projects.
(2) **Report** — Not later than 90 days after completing the review under subsection (a)(1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report that includes—
(A) a summary of the results of the review; and
(B) public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities.
(3) **Provision of guidance** — The Secretary shall provide the best practices guidance included under paragraph (2)(A) to non-Federal interests prior to the development of contractual agreements with such non-Federal interests.
**(b) Sense of Congress** It is the sense of Congress that the Secretary should maximize use of nonprice tradeoff procedures in competitive acquisitions for carrying out emergency work in an area with respect to which the President has declared a major disaster under [section 5170 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists.
**(b) Indian tribal government requests**
(1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).
(2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Construction** 75 percent of the costs of construction—
(1) of each project authorized by title III of this Act,
(2) of the project authorized by [section 652(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section652/j&num=0&edition=prelim), and
(3) allocated to inland navigation for the project authorized by section 844 of this Act,
shall be paid only from amounts appropriated from the general fund of the Treasury. 25 percent of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. For purposes of this subsection, the term “construction” shall include planning, designing, engineering, surveying, the acquisition of all lands, easements, and rights-of-way necessary for the project, including lands for disposal of dredged material, and relocations necessary for the project.
**(b) Operation and maintenance** The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent.
**(c) Floodgates on the Inland Waterways**
(1) **Operation and maintenance carried out by the Secretary** — Notwithstanding any other provision of law, the Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that—
(A) was constructed as of June 10, 2014, as a feature of an authorized hurricane and storm damage reduction project; and
(B) crosses an inland or intracoastal waterway described in [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1804&num=0&edition=prelim).
(2) **Non-Federal cost share** — The non-Federal share of the cost of opera
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2214
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title; Congressional declaration of intent**
(1) This section may be cited as the “Upper Mississippi River Management Act of 1986”.
(2) To ensure the coordinated development and enhancement of the Upper Mississippi River system, it is hereby declared to be the intent of Congress to recognize that system as a nationally significant ecosystem and a nationally significant commercial navigation system. Congress further recognizes that the system provides a diversity of opportunities and experiences. The system shall be administered and regulated in recognition of its several purposes.
**(b) Definitions** For purposes of this section—
(1) the terms “Upper Mississippi River system” and “system” mean those river reaches having commercial navigation channels on the Mississippi River main stem north of Cairo, Illinois; the Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix River, Minnesota and Wisconsin; Illinois River and Waterway, Illinois; and Kaskaskia River, Illinois;
(2) the term “Master Plan” means the comprehensive master plan for the management of the Upper Mississippi River system, dated January 1, 1982, prepared by the Upper Mississippi River Basin Commission and submitted to Congress pursuant to Public Law 95–502;
(3) the term “GREAT I, GREAT II, and GRRM studies” means the studies entitled “GREAT Environmental Action Team—GREAT I—A Study of the Upper Mississippi River”, dated September 1980, “GREAT River Environmental Action Team—GREAT II—A Study of the Upper Mississippi River”, dated December 1980, and “GREAT River Resource Management Study”, dated September 1982; and
(4) the term “Upper Mississippi River Basin Association” means an association of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, formed for the purpos
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 652
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Federal law — U.S. Code and appendices · legal_authorities
Page 703
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2212
‘‘(2) any revision of the cost-sharing requirements
would benefit United States domestic and inter-
national trade.
‘‘(b) RECOMMENDATIONS.—
‘‘(1) IN GENERAL.—Not later than May 30, 2001, the
Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of the
House of Representatives any recommendations that
the Secretary may have in light of the study under
subsection (a).
‘‘(2)
CONSIDERATIONS.—In
making
recommenda-
tions, the Secretary shall consider—
‘‘(A) the potential economic, environmental, and
budgetary impacts of any proposed revision of the
cost-sharing requirements; and
‘‘(B) the effect that any such revision would have
on regional port competition.’’
AMENDMENT OF COOPERATION AGREEMENT
Pub. L. 104–303, title II, § 201(f), Oct. 12, 1996, 110 Stat.
3673, provided that: ‘‘If requested by the non-Federal in-
terest, the Secretary shall amend a project cooperation
agreement executed on or before the date of the enact-
ment of this Act [Oct. 12, 1996] to reflect the applica-
tion of the amendments made by this section [amend-
ing this section and section 2241 of this title] to any
project for which a contract for construction has not
been awarded on or before that date.’’
INCREASES IN NON-FEDERAL SHARE OF COSTS
Pub. L. 104–303, title II, § 201(g), Oct. 12, 1996, 110 Stat.
3673, provided that: ‘‘Nothing in this section [amending
this section and section 2241 of this title and enacting
provisions set out above] (including the amendments
made by this section) shall increase, or result in the in-
crease of, the non-Federal share of the costs of—
‘‘(1) expanding any confined dredged material dis-
posal facili
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2212
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.