33 U.S.C. § 2323 — Technical assistance to private entities

Page 811 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2323 (5) Deadline The Secretary shall complete an evaluation under this subsection by the date that is not later than 1 year after the date on which the Secretary begins the evaluation. (6) Report On completion of an evaluation under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives a report on the effects of the operational changes proposed by the non-Fed- eral interest and examined in the evaluation on the authorized purposes of the project, in- cluding a description of any negative impacts of the proposed operational changes on the au- thorized purposes of the project, or on any Federal project located in the same basin. (7) Savings provision Nothing in this subsection— (A) affects the authorized purposes of a Corps of Engineers water resources develop- ment project; (B) affects existing authorities of the Corps of Engineers, including authorities with respect to navigation, flood damage re- duction, environmental protection and res- toration, water supply and conservation, and other related purposes; or (C) authorizes the Secretary to make any operational changes to a Corps of Engineers water resources development project. (Pub. L. 113–121, title I, § 1008, June 10, 2014, 128 Stat. 1215; Pub. L. 116–260, div. AA, title I, § 146, Dec. 27, 2020, 134 Stat. 2655; Pub. L. 117–263, div. H, title LXXXI, § 8123, Dec. 23, 2022, 136 Stat. 3714.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263, § 8123(3), added sub- sec. (b). Former subsec. (b) redesignated (c). Subsec. (b)(1). Pub. L. 117–263, § 8123(1), inserted ‘‘and to meet the requirements of subsection (b)’’ after ‘‘projects’’. Subsecs. (c), (d). Pub. L. 117–263, § 8123(2), redesignated subsecs. (b) and (c) as (c) and (d), respectively. 2020—Subsecs. (a), (b). Pub. L. 116–260, § 146(1), sub- stituted ‘‘water resources development’’ for ‘‘civil works’’ wherever appearing. Subsec. (c). Pub. L. 116–260, § 146(2), added subsec. (c). Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2322. Single entities For purposes of Federal participation in water resource development projects which are to be carried out by the Secretary, benefits which are to be provided to a facility owned by a State (in- cluding the District of Columbia and a territory or possession of the United States), county, mu- nicipality, or other public entity shall not be treated as benefits to be provided a single owner or single entity. The Secretary shall not treat such a facility as a single owner or single entity for any purpose. (Pub. L. 101–640, title III, § 317, Nov. 28, 1990, 104 Stat. 4641.) Editorial Notes CODIFICATION Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 101–640, set out as a note under section 2201 of this title. § 2323. Technical assistance to private entities (a) Use of Corps research and development labs The Secretary is authorized to use Corps of Engineers research and development labora- tories to provide research and development as- sistance to corporations, partnerships, limited partnerships, consortia, public and private foun- dations, universities, and nonprofit organiza- tions operating within the United States, terri- tories or possessions of the United States, and the Commonwealths of Puerto Rico and the Northern Mariana Islands— (1) if the entity furnishes in advance of fiscal obligation by the United States such funds as are necessary to cover any and all costs of such research and development assistance; (2) if the Secretary determines that the re- search and development assistance to be pro- vided is within the mission of the Corps of En- gineers and is in the public interest; (3) if the entity has certified to the Sec- retary that provision of such research and de- velopment assistance is not otherwise reason- ably and expeditiously obtainable from the private sector; and (4) if the entity has agreed to hold and save the United States free from any damages due to any such research and development assist- ance. (b) Contract The Secretary may provide research and de- velopment assistance under subsection (a), or any part thereof, by contract. (c) Omitted (Pub. L. 101–640, title III, § 318, Nov. 28, 1990, 104 Stat. 4641.) Editorial Notes CODIFICATION Section is comprised of section 318 of Pub. L. 101–640. Subsec. (c) of section 318 of Pub. L. 101–640 amended section 2314a of this title. Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Page 812 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2323a Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 101–640, set out as a note under section 2201 of this title. § 2323a. Interagency and international support authority (a) In general The Secretary may engage in activities (in- cluding contracting) in support of Federal de- partments or agencies, nongovernmental organi- zations, international organizations, or foreign governments to address problems of national significance to the United States. (b) Consultation The Secretary may engage in activities in sup- port of international organizations or foreign governments only after consulting with the De- partment of State. (c) Use of Corps’ expertise The Secretary may use the technical and man- agerial expertise, including the planning and de- sign expertise, of the Corps of Engineers to ad- dress domestic and international problems re- lated to water resources, infrastructure develop- ment, and environmental protection and res- toration. (d) Funding (1) In general There is authorized to be appropriated to carry out this section $2,500,000 for fiscal year 2008 and each fiscal year thereafter. (2) Acceptance of funds The Secretary may accept and expend addi- tional funds from Federal departments or agencies, nongovernmental organizations, international organizations, or foreign govern- ments to carry out this section. (Pub. L. 104–303, title II, § 234, Oct. 12, 1996, 110 Stat. 3704; Pub. L. 106–541, title II, § 207, Dec. 11, 2000, 114 Stat. 2590; Pub. L. 110–114, title II, § 2030, Nov. 8, 2007, 121 Stat. 1081; Pub. L. 113–121, title I, § 1029, June 10, 2014, 128 Stat. 1230; Pub. L. 118–272, div. A, title II, § 1243, Jan. 4, 2025, 138 Stat. 3092.) Editorial Notes 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. (c). Pub. L. 118–272, § 1243(1), inserted ‘‘, including the planning and design expertise,’’ after ‘‘managerial expertise’’. Subsec. (d)(1). Pub. L. 118–272, § 1243(2), substituted ‘‘$2,500,000’’ for ‘‘$1,000,000’’. 2014—Subsec. (a). Pub. L. 113–121, § 1029(1), substituted ‘‘Federal departments or agencies, nongovernmental organizations,’’ for ‘‘other Federal agencies,’’. Subsec. (b). Pub. L. 113–121, § 1029(2), inserted ‘‘or for- eign governments’’ after ‘‘organizations’’. Subsec. (c). Pub. L. 113–121, § 1029(3), inserted ‘‘and restoration’’ after ‘‘protection’’. Subsec. (d). Pub. L. 113–121, § 1029(4), designated first and second sentences as pars. (1) and (2), respectively, inserted headings, and substituted ‘‘Federal depart- ments or agencies, nongovernmental organizations,’’ for ‘‘other Federal agencies,’’ in par. (2). 2007—Subsec. (a). Pub. L. 110–114, § 2030(1), added sub- sec. (a) and struck out heading and text of former sub- sec. (a). Text read as follows: ‘‘The Secretary may en- gage in activities in support of other Federal agencies or international organizations to address problems of national significance to the United States.’’ Subsec. (b). Pub. L. 110–114, § 2030(2), substituted ‘‘De- partment of State’’ for ‘‘Secretary of State’’. Subsec. (d). Pub. L. 110–114, § 2030(3), substituted ‘‘$1,000,000 for fiscal year 2008’’ for ‘‘$250,000 for fiscal year 2001’’ and ‘‘, international organizations, or for- eign governments’’ for ‘‘or international organiza- tions’’. 2000—Subsec. (d). Pub. L. 106–541 substituted ‘‘There is authorized to be appropriated to carry out this sec- tion $250,000 for fiscal year 2001 and each fiscal year thereafter.’’ for ‘‘There is authorized to be appropriated $1,000,000 to carry out this section.’’ and inserted ‘‘out’’ after ‘‘carry’’ in second sentence. Statutory Notes and Related Subsidiaries NATIONAL RECREATION RESERVATION SERVICE Pub. L. 106–541, title II, § 206, Dec. 11, 2000, 114 Stat. 2590, provided that: ‘‘Notwithstanding section 611 of the Treasury and General Government Appropriations Act, 1999 (112 Stat. 2681–515), the Secretary [of the Army] may— ‘‘(1) participate in the National Recreation Res- ervation Service on an interagency basis; and ‘‘(2) pay the Department of the Army’s share of the activities required to implement, operate, and main- tain the Service.’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 104–303, set out as a note under section 2201 of this title. § 2324. Reduced pricing for certain water supply storage (a) Provision of storage space If a low income community requests the Sec- retary to provide water supply storage space in a water resources development project operated by the Secretary and if the amount of space re- quested is available or could be made available through reallocation of water supply storage space in the project or through modifications to operation of the project, the Secretary may pro- vide such space to the community at a price de- termined under subsection (c). (b) Maximum amount of storage space The maximum amount of water supply storage space which may be provided to a community under this section may not exceed an amount of water supply storage space sufficient to yield 3,000,000 gallons of water per day. (c) Price The Secretary shall provide water supply stor- age space under this section at a price which is the greater of— (1) the updated construction cost of the project allocated to provide such amount of water supply storage space or $100 per acre foot of storage space, whichever is less; and