43 U.S.C. § 388
Contracts for materials; liability of United States
When appropriations have been made for the commencement or continuation of construction or operation and maintenance of any project, the Secretary may, in connection with such construction or operation and maintenance, enter into contracts for miscellaneous services, for materials and supplies, as well as for construction, which may cover such periods of time as the Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor.
Notes of Decisions
Cited in 6
cases, 1955–2011 · leading case: PCL Constr. Servs., Inc. v. United States, 41 Fed. Cl. 242 (Fed. Cl. 1998).
PCL Constr. Servs., Inc. v. United States, 41 Fed. Cl. 242 (Fed. Cl. 1998). “Defendant argues, however, that the contract and its funding were legal, in that section 12 of the Reclamation Project Act of 1939, 43 U.S.C. § 388 (1994), expressly authorizes incremental funding “in which the *248 liability of the United States shall be contingent upon…”
PCL Constr. Servs., Inc. v. United States, 96 F. App'x 672 (Fed. Cir. 2004). “The Court of Federal Claims consolidated the two cases and, on June 26, 1998, granted summary judgment in favor of the USBR on PCL’s claim that the incremental funding of the contract was illegal, holding that 43 U.S.C. § 388 authorized such funding for the project.”
Ramah Navajo Chapter v. Salazar, 644 F.3d 1054 (10th Cir. 2011). “at 303 (quoting 43 U.S.C. § 388 ). On December 22, 1970, Healy (as required by the contract) submitted a proposed schedule of forecasted earnings that set forth, among other things, $4,887,000 for fiscal year 1972.”
S. A. Healy Co. v. United States, 216 Ct. Cl. 172 (Ct. Cl. 1978). “In addition, defendant asserts that section 12 of *182 the Reclamation Projects Act of 1939, 43 U.S.C. § 388 , which contains similar language, also precludes plaintiffs cause of action.”
Winston Bros. Co. v. United States, 130 F. Supp. 374 (Ct. Cl. 1955). “" The authority for the Bureau to make contracts which contemplated payments being made from funds not yet appropriated was contained in the following provision of 43 U.S.C.A. § 388 : "When appropriations have been made for the commencement or continuation of construction or…”
Rio Grande Silvery Minnow v. Keys, 469 F. Supp. 2d 973 (D.N.M. 2002). “43 U.S.C. § 388 . Plaintiffs claim that both of these statutes are being violated if the MRGCD is using more water than reasonably needed for beneficial use.”
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