33 USC 2325b - Materials, services, and funds for repair, restoration, or rehabilitation of projects

U.S Code last checked for updates: May 03, 2024

§ 2325b.

Materials, services, and funds for repair, restoration, or rehabilitation of projects

(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 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

(c)

Additional requirement

(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).

(Pub. L. 116–260, div. AA, title I, § 130, Dec. 27, 2020, 134 Stat. 2642.)

cite as: 33 USC 2325b