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42 U.S.C. § 1962d–5g — Written agreement requirement for water resources projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) Cooperation of non-Federal interest**
(1) **In general** — After December 31, 1970, the construction of any water resources project, or an acceptable separable element thereof, by the Secretary of the Army, acting through the Chief of Engineers, or by a non-Federal interest where such interest will be reimbursed for such construction under any provision of law, shall not be commenced until each non-Federal interest has entered into a written partnership agreement with the Secretary (or, where appropriate, the district engineer for the district in which the project will be carried out) under which each party agrees to carry out its responsibilities and requirements for implementation or construction of the project or the appropriate element of the project, as the case may be; except that no such agreement shall be required if the Secretary determines that the administrative costs associated with negotiating, executing, or administering the agreement would exceed the amount of the contribution required from the non-Federal interest and are less than $25,000.
(2) **Liquidated damages** — A partnership agreement described in paragraph (1) may include a provision for liquidated damages in the event of a failure of one or more parties to perform.
(3) **Obligation of future appropriations** — In any partnership agreement described in paragraph (1) and entered into by a State, or a body politic of the State which derives its powers from the State constitution, or a governmental entity created by the State legislature, the agreement may reflect that it does not obligate future appropriations for such performance and payment when obligating future appropriations would be inconsistent with constitutional or statutory limitations of the State or a political subdivision of
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Source file: Laws/federal/codes/united-states-code/title-42/section-1962d5g-written-agreement-requirement-for-water-resources-projects--84391b33f1.md
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Source location: Title 42, Chapter 19B, § 1962d–5g; chapter-19b-water-resources-planning.md
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**(a) Cooperation of non-Federal interest**
(1) **In general** — After December 31, 1970, the construction of any water resources project, or an acceptable separable element thereof, by the Secretary of the Army, acting through the Chief of Engineers, or by a non-Federal interest where such interest will be reimbursed for such construction under any provision of law, shall not be commenced until each non-Federal interest has entered into a written partnership agreement with the Secretary (or, where appropriate, the district engineer for the district in which the project will be carried out) under which each party agrees to carry out its responsibilities and requirements for implementation or construction of the project or the appropriate element of the project, as the case may be; except that no such agreement shall be required if the Secretary determines that the administrative costs associated with negotiating, executing, or administering the agreement would exceed the amount of the contribution required from the non-Federal interest and are less than $25,000.
(2) **Liquidated damages** — A partnership agreement described in paragraph (1) may include a provision for liquidated damages in the event of a failure of one or more parties to perform.
(3) **Obligation of future appropriations** — In any partnership agreement described in paragraph (1) and entered into by a State, or a body politic of the State which derives its powers from the State constitution, or a governmental entity created by the State legislature, the agreement may reflect that it does not obligate future appropriations for such performance and payment when obligating future appropriations would be inconsistent with constitutional or statutory limitations of the State or a political subdivision of the State.
(4) **Credit for in-kind contributions**
(A) *In general* — A partnership agreement described in paragraph (1) may provide with respect to a project that the Secretary shall credit toward the non-Federal share of the cost of the project, including a project implemented without specific authorization in law or a project under an environmental infrastructure assistance program, the value of in-kind contributions made by the non-Federal interest, including—
(i) the costs of planning (including data collection), design, management, mitigation, construction, and construction services that are provided by the non-Federal interest for implementation of the project;
(ii) the value of materials or services provided before execution of the partnership agreement, including efforts on constructed elements incorporated into the project; and
(iii) the value of materials and services provided after execution of the partnership agreement.
(B) *Condition* — The Secretary may credit an in-kind contribution under subparagraph (A) only if the Secretary determines that the material or service provided as an in-kind contribution is integral to the project.
(C) *Work performed before partnership agreement*
(i) *Construction*
(I) *In general* — In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of November 8, 2007, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction.
(II) *Eligibility* — Construction that is carried out after the execution of an agreement to carry out work described in subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement to carry out work, shall be eligible for credit.
(ii) *Planning*
(I) *In general* — In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost-sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so prior to the non-Federal interest initiating that planning.
(II) *Eligibility* — Planning that is carried out by the non-Federal interest after the execution of an agreement to carry out work described in subclause (I) shall be eligible for credit.
(D) *Limitations* — Credit authorized under this paragraph for a project—
(i) shall not exceed the non-Federal share of the cost of the project;
(ii) shall not alter any other requirement that a non-Federal interest provide lands, easements, relocations, rights-of-way, or areas for disposal of dredged material for the project;
(iii) shall not alter any requirement that a non-Federal interest pay a portion of the costs of construction of the project under sections 2211(a)(2) and 2213(a)(1)(A) of title 33; and
(iv) shall not exceed the actual and reasonable costs of the materials, services, or other things provided by the non-Federal interest, as determined by the Secretary.
(E) *Analysis of costs and benefits* — In the evaluation of the costs and benefits of a project, the Secretary shall not consider construction carried out by a non-Federal interest under this subsection as part of the future without project condition.
(F) *Transfer of credit between separable elements of a project* — Credit for in-kind contributions provided by a non-Federal interest that are in excess of the non-Federal cost share for an authorized separable element of a project may be applied toward the non-Federal cost share for a different authorized separable element of the same project.
(G) *Application of credit*
(i) *In general* — To the extent that credit for in-kind contributions, as limited by subparagraph (D), and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-Federal interest exceed the non-Federal share of the cost of construction of a project other than a navigation project, the Secretary, subject to the availability of funds, shall enter into a reimbursement agreement with the non-Federal interest, which shall be in addition to a partnership agreement under subparagraph (A), to reimburse the difference to the non-Federal interest.
(ii) *Priority* — If appropriated funds are insufficient to cover the full cost of all requested reimbursement agreements under clause (i), the Secretary shall enter into reimbursement agreements in the order in which requests for such agreements are received.
(H) *Applicability*
(i) *In general* — This paragraph shall apply to water resources projects authorized after November 16, 1986, including projects initiated after November 16, 1986, without specific authorization in law, and to water resources projects authorized prior to November 17, 1986, if correction of design deficiencies is necessary.
(ii) *Authorization as addition to other authorizations* — The authority of the Secretary to provide credit for in-kind contributions pursuant to this paragraph shall be in addition to any other authorization to provide credit for in-kind contributions and shall not be construed as a limitation on such other authorization. The Secretary shall apply the provisions of this paragraph, in lieu of provisions under other crediting authority, only if so requested by the non-Federal interest.
**(b) Definition of non-Federal interest** The term “non-Federal interest” means—
(1) a legally constituted public body (including an Indian tribe and a tribal organization (as those terms are defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim))) and an inter-tribal consortium (as defined in [section 3202 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3202&num=0&edition=prelim)); or
(2) a nonprofit entity with the consent of the affected local government,
that has full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform.
**(c) Enforcement; jurisdiction** Every agreement entered into pursuant to this section shall be enforcible in the appropriate district court of the United States.
**(d) Nonperformance of terms of agreement by non-Federal interest; notice; reasonable opportunity for performance; performance by Chief of Engineers** After commencement of construction of a project, the Chief of Engineers may undertake performance of those items of cooperation necessary to the functioning of the project for its purposes, if he has first notified the non-Federal interest of its failure to perform the terms of its agreement and has given such interest a reasonable time after such notification to so perform.
**(e) Delegation of authority** Not later than June 30, 2008, the Secretary shall issue policies and guidelines for partnership agreements that delegate to the district engineers, at a minimum—
(1) the authority to approve any policy in a partnership agreement that has appeared in an agreement previously approved by the Secretary;
(2) the authority to approve any policy in a partnership agreement the specific terms of which are dictated by law or by a final feasibility study, final environmental impact statement, or other final decision document for a water resources project;
(3) the authority to approve any partnership agreement that complies with the policies and guidelines issued by the Secretary; and
(4) the authority to sign any partnership agreement for any water resources project unless, within 30 days of the date of authorization of the project, the Secretary notifies the district engineer in which the project will be carried out that the Secretary wishes to retain the prerogative to sign the partnership agreement for that project.
**(f) Report to Congress** Not later than 2 years after November 8, 2007, and every year thereafter, the Secretary shall submit to Congress a report detailing the following:
(1) The number of partnership agreements signed by district engineers and the number of partnership agreements signed by the Secretary.
(2) For any partnership agreement signed by the Secretary, an explanation of why delegation to the district engineer was not appropriate.
**(g) Public availability** Not later than 120 days after November 8, 2007, the Chief of Engineers shall—
(1) ensure that each district engineer has made available to the public, including on the Internet, all partnership agreements entered into under this section within the preceding 10 years and all partnership agreements for water resources projects currently being carried out in that district; and
(2) make each partnership agreement entered into after November 8, 2007, available to the public, including on the Internet, not later than 7 days after the date on which such agreement is entered into.
**(h) Effective date** This section shall not apply to any project the construction of which was commenced before January 1, 1972, or to the assurances for future demands required by the Water Supply Act of 1958, as amended [[43 U.S.C. 390b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390b&num=0&edition=prelim)].
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Army is authorized to make contracts with States, municipalities, private concerns, or individuals, at such prices and on such terms as he may deem reasonable, for domestic and industrial uses for surplus water that may be available at any reservoir under the control of the Department of the Army: Provided, That no contracts for such water shall adversely affect then existing lawful uses of such water. All moneys received from such contracts shall be deposited in the Treasury of the United States as miscellaneous receipts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 708
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, the term—
(1) “Bureau” means the Bureau of Indian Affairs of the Department of the Interior;
(2) “child” means an individual who—
(A) is not married, and
(B) has not attained 18 years of age;
(3) “child abuse” includes but is not limited to—
(A) in any case in which—
(i)
(I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and
(II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or
(ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; and
(B) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;
(4) “child neglect” includes but is not limited to, negligent treatment or maltreatment of a child by a person, including a person responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby;
(5) “family violence” means any act, or threatened act, of violence, including any forceful detention of an individual, which—
(A) results, or threatens to result, in physical or mental injury, and
(B) is committed by an individual against another individual—
(i) to whom such person is, or was, related by blood or marriage or otherwise legally related, or
(ii) with whom such person is, or was, residing;
(6) “Indian” means any individual who is a member of an Indian tribe;
(7) “Indian child” has the meaning given to such term by [section 1903(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3202
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of policy** It is declared to be the policy of the Congress to recognize the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes and that the Federal Government should participate and cooperate with States and local interests in developing such water supplies in connection with the construction, maintenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects.
**(b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projects** In carrying out the policy set forth in this section, it is provided that storage may be included in any reservoir project surveyed, planned, constructed or to be planned, surveyed and/or constructed by the Corps of Engineers or the Bureau of Reclamation to impound water for present or anticipated future demand or need for municipal or industrial water, and the reasonable value thereof may be taken into account in estimating the economic value of the entire project: Provided, That the cost of any construction or modification authorized under the provisions of this section shall be determined on the basis that all authorized purposes served by the project shall share equitably in the benefits of multiple purpose construction, as determined by the Secretary of the Army or the Secretary of the Interior, as the case may be: Provided further, That before construction or modification of any project including water supply provisions for present demand is initiated, State or local interests shall agree to pay for the cost of such provisions in accordance with the provisions of this section: And provided further, That (1) for Corps of Engineers projects, not to
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390b
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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) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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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
For the purposes of this chapter, the term—
**(a)** “Secretary” means the Secretary of the Interior;
**(b)** “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 11 So in original. Probably should be “Metlakatla”. Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final;
**(c)** “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives;
**(d)** “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality;
**(e)** “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal instal
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1602
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this Act, the term “Secretary” means the Secretary of the Army.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2211
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Federal law — U.S. Code and appendices · legal_authorities
Page 93
TITLE 43—PUBLIC LANDS
§ 390b
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en-
acted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued Department of the Army under ad-
ministrative supervision of Secretary of the Army.
EXTENSION OF VARIABLE PAYMENT PLAN
Authority of Secretary to extend benefits of variable
payment plan to organizations with which he contracts
or has contracted for the repayment of construction
costs allocated to irrigation on any project undertaken
by the United States, including contracts for the stor-
age of water or for the use of stored water under this
section, see section 2 of Pub. L. 85–611, Aug. 8, 1958, 72
Stat. 542, set out as a note under section 485h of this
title.
SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT
Provisions of this section as not amended, modified
or repealed by the Submerged Lands Act, see section
1303 of this title.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of certain real property and functions re-
lating to real property, insofar as they pertain to Air
Force, from Secretary of the Army and Department of
the Army to Secretary of the Air Force and Depart-
ment of the Air Force, see Secretary of Defense Trans-
fer Order Nos. 14, eff. July 1, 1948, and 40 [App. B(133)],
July 22, 1949.
§ 390a. Repealed. Pub. L. 105–362, title IX,
§ 901(e)(2), Nov. 10, 1998, 112 Stat. 3289
Section, acts July 31, 1953, ch. 298, title I, 67 Stat. 266;
Pub. L. 99–294, § 10, May 12, 1986, 100 Stat. 426, related to
conditions precedent for construction of dams, res-
ervoir, or water supply.
Provisions similar to those in this section were con-
tained in act July 9, 1952, ch. 597, title I, 66 Stat. 451,
prior to repeal by Pub. L. 105–362, title IX, § 901(e)(1),
Nov. 10, 1998, 1
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 390b
Stored review status: historical_2024_not_currentness_verified. The source passage cites 43 U.S.C. § 390b. This identifies an authority to review, not proof of applicability.