§ 2323. — Technical assistance to private entities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2323]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 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 laboratories to provide research and development assistance
to corporations, partnerships, limited partnerships, consortia, public
and private foundations, universities, and nonprofit organizations
operating within the United States, territories 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 research and
development assistance to be provided is within the mission of the
Corps of Engineers and is in the public interest;
(3) if the entity has certified to the Secretary that provision
of such research and development assistance is not otherwise
reasonably 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
assistance.
(b) Contract
The Secretary may provide research and development assistance under
subsection (a) of this section, or any part thereof, by contract.
(c) Omitted
(Pub. L. 101-640, title III, Sec. 318, Nov. 28, 1990, 104 Stat. 4641.)
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 Resources Development Act of 1986
which comprises this chapter.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
101-640, set out as a note under section 2201 of this title.
