Sec. 138. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities
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In this section, the term eligible public recreation facility means a facility at a reservoir operated by the Corps of Engineers that— was constructed to enable public use of and access to the reservoir; and requires repair, restoration, or rehabilitation to function. During a period of low water at an eligible public recreation facility, the Secretary is authorized— to accept and use materials, services, and funds from a non-Federal interest to repair, restore, or rehabilitate the facility; and to reimburse the non-Federal interest for the Federal share of the materials, services, or funds.
The Secretary may not reimburse a non-Federal interest for the use of materials or services accepted under this section unless the materials or services— meet the specifications of the Secretary; and comply with all applicable laws and regulations that would apply if the materials and services were acquired by the Secretary, including subchapter IV of chapter 31 and chapter 37 of title 40, United States Code, section 8302 of title 41, United States Code, and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
Before the acceptance of materials, services, or funds under this section, the Secretary and the non-Federal interest shall enter into an agreement that— specifies that the non-Federal interest 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, except for damages due to the fault or negligence of the United States or its contractors; requires that the non-Federal interest shall certify that the materials or services comply with all applicable laws and regulations under subsection (c); and includes any other term or condition required by the Secretary.
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Sec. 138
Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities
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