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33 U.S.C. § 2326b — Materials, services, and funds for repair, restoration, or rehabilitation of projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered area** — The term “covered area” means an area—
(A) for which the Governor of a State has requested a determination that an emergency exists; or
(B) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.).
(2) **Emergency period** — The term “emergency period” means—
(A) with respect to a covered area described in paragraph (1)(A), the period during which the Secretary determines an emergency exists; and
(B) with respect to a covered area described in paragraph (1)(B), the period during which the applicable declaration is in effect.
**(b) In general** 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.
**(c) Additional requirement** 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
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Source file: Laws/federal/codes/united-states-code/title-33/section-2326b-materials-services-and-funds-for-repair-restoration-or-rehabilitation-of--a8a437ed6b.md
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Source location: Title 33, Chapter 36, § 2326b; chapter-036-water-resources-development.md
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**(a) Definitions** In this section:
(1) **Covered area** — The term “covered area” means an area—
(A) for which the Governor of a State has requested a determination that an emergency exists; or
(B) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.).
(2) **Emergency period** — The term “emergency period” means—
(A) with respect to a covered area described in paragraph (1)(A), the period during which the Secretary determines an emergency exists; and
(B) with respect to a covered area described in paragraph (1)(B), the period during which the applicable declaration is in effect.
**(b) In general** 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.
**(c) Additional requirement** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8302&num=0&edition=prelim), and the National Environmental Policy Act of 1969.
**(d) Agreements**
(1) **In general** — 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—
(A) 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;
(B) 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
(C) any other term or condition required by the Secretary.
(2) **Exception** — 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—
(A) specifies the value, as determined by the Secretary, of those materials or services contributed and eligible for reimbursement; and
(B) ensures that the materials or services comply with subsection (c) and paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress hereby finds and declares that—
(1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;
special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.
**(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;
(6) providing Federal assistance programs for both public and private losses sustained in disasters; and
(7) identifying and improving the climate and natural hazard resilience of vulnerable communities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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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.—**
(1) **Allowable materials.—** — Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the Federal agency concerned determines their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.
(2) **Exceptions.—** — This section does not apply—
(A) to articles, materials, or supplies for use outside the United States;
(B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in [section 8304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8304&num=0&edition=prelim)), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and
(C) to manufactured articles, materials, or supplies procured under any contract with an award value that is not more than the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim).
**(b) Reports.—**
(1) **In general.—** — Not later than 180 days after the end of the fisca
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 8302
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Federal law — U.S. Code and appendices · legal_authorities
Page 821
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2326b
118–272, div. A, title I, § 1119(a), Jan. 4, 2025, 138
Stat. 3012.)
Editorial Notes
REFERENCES IN TEXT
The Budget Act, referred to in subsec. (d)(2)(E) head-
ing, probably means the Congressional Budget Act of
1974, titles I through IX of Pub. L. 93–344, July 12, 1974,
88 Stat. 297. For complete classification of this Act to
the Code, see Short Title note set out under section 621
of Title 2, The Congress, and Tables.
CODIFICATION
Section was enacted as part of the Water Resources
Development Act of 1996, and not as part of the Water
Resources Development Act of 1986 which comprises
this chapter.
AMENDMENTS
2025—Subsec. (b)(1). Pub. L. 118–272, § 1119(a)(1),
amended par. (1) generally. Prior to amendment, text
read as follows: ‘‘The Secretary—
‘‘(A) may permit the use of any dredged material
disposal facility under the jurisdiction of, or man-
aged by, the Secretary by a non-Federal interest if
the Secretary determines that such use will not re-
duce the availability of the facility for project pur-
poses; and
‘‘(B) may impose fees to recover capital, operation,
and maintenance costs associated with such use.’’
Subsec. (b)(2). Pub. L. 118–272, § 1119(a)(2), substituted
‘‘Fees’’ for ‘‘Use of fees’’ in par. heading, designated ex-
isting provisions as subpar. (A) and inserted subpar.
heading, and added subpar. (B).
Subsec. (b)(3), (4). Pub. L. 118–272, § 1119(a)(3), added
pars. (3) and (4).
2020—Subsec. (a). Pub. L. 116–260, § 145(1), inserted ‘‘or
replacement capacity’’ after ‘‘Additional capacity’’ in
heading.
Subsec. (a)(1). Pub. L. 116–260, § 145(2), added par. (1)
and struck out former par. (1). Prior to amendment,
text read as follows: ‘‘At the request of a non-Federal
interest
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2326b
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Federal law — U.S. Code and appendices · legal_authorities
Page 6354
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5121
Sec.
5165g.
National veterinary emergency teams.
SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE
PROGRAMS
5170.
Procedure for declaration.
5170a.
General Federal assistance.
5170b.
Essential assistance.
5170c.
Hazard mitigation.
5171.
Federal facilities.
5172.
Repair, restoration, and replacement of dam-
aged facilities.
5173.
Debris removal.
5174.
Federal assistance to individuals and house-
holds.
5174a.
Flexibility.
5174b.
Critical document fee waiver.
5175, 5176. Repealed.
5177.
Unemployment assistance.
5177a.
Emergency grants to assist low-income mi-
grant and seasonal farmworkers.
5178.
Repealed.
5179.
Benefits and distribution.
5180.
Food commodities.
5181.
Relocation assistance.
5182.
Legal services.
5183.
Crisis counseling assistance and training.
5184.
Community disaster loans.
5185.
Emergency communications.
5186.
Emergency public transportation.
5187.
Fire management assistance.
5188.
Timber sale contracts.
5189.
Simplified procedure.
5189a.
Appeals of assistance decisions.
5189b.
Date of eligibility; expenses incurred before
date of disaster.
5189c.
Transportation assistance to individuals and
households.
5189d.
Case management services.
5189e.
Essential service providers.
5189f.
Public assistance program alternative proce-
dures.
5189g.
Unified Federal review.
5189h.
Agency accountability.
SUBCHAPTER IV–A—EMERGENCY ASSISTANCE
PROGRAMS
5191.
Procedure for declaration.
5192.
Federal emergency assistance.
5193.
Amount of assistance.
SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS
5195.
Declaration of policy.
5195a.
Definitions.
5195b.
Administration of subchapter.
5195c.
Critical infrastructures protection.
PART A—POWERS AND DUTIES
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5121
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