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

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. 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. 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 prohibit the Secretary from contracting out commercial activities after October 23, 2018 , at a navigation facility. does not affect activities described in section 314 of the Water Resources Development Act of 1990 ( 33 U.S.C. 2321 ); will address any cyber and physical security risks to such project in accordance with applicable Federal law and agency guidance; and is necessary to increase the availability and capacity, as applicable, of such project, including a project on a lower use waterway; and the remote operation activities were developed under a public process that included engagement with such personnel and other stakeholders who may be affected by the use of such activities.”