Us Code § 2321 - Operation and maintenance of navigation and hydroelectric facilities
Full text of Us Code United States Code § 2321 — Operation and maintenance of navigation and hydroelectric facilities, with citation guidance and answers to common questions.
§ 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.
About This Section
33 U.S.C. § 2321 is part of Title 33 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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