§2321. Operation and maintenance of navigation and hydroelectric facilities

(a) In general

Activities currently performed by personnel under the direction of the Secretary in connection with the operation and maintenance of navigation or hydroelectric power generating facilities at Corps of Engineers water resources projects are to be considered as inherently governmental functions and not commercial activities.

(b) Major maintenance contracts allowed

This section does not prohibit contracting out major maintenance or other functions which are currently contracted out or studying services not directly connected with project maintenance and operations.

(c) Exclusion

This section does not-

(1) apply to a navigation facility that was under contract on or before October 23, 2018, with a non-Federal interest to perform operations or maintenance; and

(2) prohibit the Secretary from contracting out commercial activities after October 23, 2018, at a navigation facility.

( Pub. L. 101–640, title III, §314, Nov. 28, 1990, 104 Stat. 4641 ; Pub. L. 115–270, title I, §1151(a), Oct. 23, 2018, 132 Stat. 3787 .)

Editorial Notes

Codification

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.

Amendments

2018-Pub. L. 115–270 inserted "navigation and" before "hydroelectric facilities" in section catchline, designated first sentence as subsec. (a), inserted heading, and inserted "navigation or" before "hydroelectric", designated second sentence as subsec. (b) and inserted heading, and added subsec. (c).

Statutory Notes and Related Subsidiaries

"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.