Authority to accept and use materials and services
33 U.S.C. § 2325a
in effect(a) In generalSubject to subsection (b), the Secretary is authorized to accept and use materials, services, or funds contributed by a non-Federal public entity, a nonprofit entity, or a private entity to repair, restore, replace, or maintain a water resources project in any case in which the District Commander determines that—(1) there is a risk of adverse impacts to the functioning of the project for the authorized purposes of the project; and (2) acceptance of the materials and services or funds is in the public interest.
(b) LimitationAny entity that contributes materials or services under subsection (a) shall not be eligible for credit or reimbursement for the value of such materials or services.
(c) Additional requirements(1) Applicable laws and regulationsThe Secretary may only use materials or services accepted under this section if such materials and services comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary. (2) Supplementary servicesThe Secretary may only accept and use services under this section that provide supplementary services to existing Federal employees, and may only use such services to perform work that would not otherwise be accomplished as a result of funding or personnel limitations.
(d) ReportNot later than February 1 of each year after the first fiscal year in which materials, services, or funds are accepted under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report that includes—(1) a description of the activities undertaken, including the costs associated with the activities; and (2) a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project.
Source: OLRC USLMURL: https://uscode.house.gov/download/releasepoints/us/pl/119/95/xml_usc33@119-95.zipFetched: 6/5/2026