33 U.S.C. · Navigation and Navigable Waters
33 U.S.C. § 2321

Operation and maintenance of navigation and hydroelectric facilities

Ch. 36 — WATER RESOURCES DEVELOPMENT
Title 33 U.S.C. ● ACTIVE Primary Source Ch. 36
Statutory Text

33 U.S.C. § 2321 — Operation and maintenance of navigation and hydroelectric facilities

U.S.C. Title 33 - NAVIGATION AND NAVIGABLE WATERS 33 U.S.C. United States Code, 2023 Edition Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER V - GENERAL PROVISIONS Sec. 2321 - Operation and maintenance of navigation and hydroelectric facilities From the U.S. Government Publishing Office, www.gpo.gov

§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.

Source: uscode.house.gov — public domain Official Source ↗
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