# § 2361. Completion of plans and cost estimates
**(a)** **Restriction on agreements or grants** No agreement or grant which constitutes an obligation of the United States Government in excess of $500,000 under section 1501 of title 31 shall be made for any assistance authorized under part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter—
**(1)** if such agreement or grant requires substantive technical or financial planning, until engineering, financial, and other plans necessary to carry out such assistance, and a reasonably firm estimate of the cost to the United States Government of providing such assistance, have been completed; and
**(2)** if such agreement or grant requires legislative action within the recipient country, unless such legislative action may reasonably be anticipated to be completed in time to permit the orderly accomplishment of the purposes of such agreement or grant.
**(b)** **Plans for water or related land resource construction projects; computation of benefits and costs** 42 U.S.C. 1962
Plans required under subsection (a) of this section for any water or related land resource construction project or program shall include a computation of benefits and costs made insofar as practicable in accordance with the principles, standards, and procedures established pursuant to the Water Resources Planning Act (, et seq.) or acts amendatory or supplementary thereto.
**(c)** **Contracts for construction outside United States; competitive basis** To the maximum extent practicable, all contracts for construction outside the United States made in connection with any agreement or grant subject to subsection (a) of this section shall be made on a competitive basis.
**(d)** **Engineering, financial, and other plans** Subsection (a) of this section shall not apply to any assistance furnished for the sole purpose of preparation of engineering, financial, and other plans.
**(e)** **Certification of country capability to maintain and utilize projects as prerequisite to assistance for capital projects exceeding cost limitations** In addition to any other requirements of this section, no assistance authorized under part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter shall be furnished with respect to any capital assistance project estimated to cost in excess of $1,000,000 until the head of the agency primarily responsible for administering subchapter I of this chapter has received and taken into consideration a certification from the principal officer of such agency in the country in which the project is located as to the capability of the country (both financial and human resources) to effectively maintain and utilize the project taking into account among other things the maintenance and utilization of projects in such country previously financed or assisted by the United States.
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**Source Credit**: (Pub. L. 87–195, pt. III, § 611, Sept. 4, 1961, 75 Stat. 442; Pub. L. 87–565, pt. III, § 301(b), Aug. 1, 1962, 76 Stat. 260; Pub. L. 88–205, pt. III, § 301(c), Dec. 16, 1963, 77 Stat. 385; Pub. L. 90–137, pt. II, § 301(d), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95–424, title I, § 102(g)(2)(D), (E), Oct. 6, 1978, 92 Stat. 943; Pub. L. 96–53, title I, § 117, Aug. 14, 1979, 93 Stat. 365; Pub. L. 99–83, title XII, §§ 1208, 1211(b)(2), Aug. 8, 1985, 99 Stat. 278, 279.)
## Editorial Notes
### References in Text
The Water Resources Planning Act, referred to in subsec. (b), is , , , which is classified generally to chapter 19B (§ 1962 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
### Amendments
1985—Subsec. (a). , substituted “$500,000” for “$100,000”.
, substituted reference to , for reference to section 1311 of the Supplemental Appropriation Act, 1955.
Subsec. (b). , substituted “the principles, standards, and procedures established pursuant to the Water Resources Planning Act (, et seq.) or acts amendatory or supplementary thereto” for “the procedures set forth in the Principles and Standards for Planning Water and Related Land Resources, dated , with respect to such computations”.
1979—Subsec. (b). substituted “Principles and Standards for Planning Water and Related Land Resources, dated ” for “Memorandum of the President dated ”.
1978—Subsec. (a). , substituted “part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter” for “subparts I, II, and VI of part II and part IV of subchapter I of this chapter”.
Subsec. (e). , substituted “part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter” for “subparts I, II, or VI of part II or part IV of subchapter I of this chapter”.
1967—Subsec. (e). added subsec. (e).
1963—Subsec. (b). substituted “the Memorandum of the President dated ,” for “circular A–47 of the Bureau of the Budget.”
1962—Subsec. (a). included subpart VI of part II of subchapter I of this chapter within the restriction.
## Statutory Notes and Related Subsidiaries
### References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See , set out as a note under , and sections 2348c and 2349aa–5 of this title.
### References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to . See .
### Effective Date of 1985 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1979 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1978 Amendment
Amendment by effective , see , set out as a note under .