§2321 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Work done by staff under the Secretary to operate and maintain navigation or hydroelectric power facilities at Corps of Engineers water resources projects must be treated as government duties, not commercial work. This does not stop already contracted-out major maintenance or other work now contracted out, or studies not directly tied to running or maintaining projects. It also does not apply to a navigation facility that had a contract with a non-Federal partner on or before October 23, 2018, and it does not stop the Secretary from contracting out commercial activities at navigation facilities after October 23, 2018.

Title 33, §2321

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

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

Remote Operations at Corps Dams Pub. L. 118–272, div. A, title I, § 1149, Jan. 4, 2025, 138 Stat. 3039, provided that: “During the 6-year period beginning on the date of enactment of this Act [Jan. 4, 2025], with respect to a water resources development project owned, operated, or managed by the Corps of Engineers, the Secretary [of the Army] is authorized to use remote operation activities at a navigation or hydroelectric power generating facility at such project as a replacement for activities performed, as of the date of enactment of this Act, by personnel under the direction of the Secretary at such project, only after the Secretary provides written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that— “(1) use of the remote operation activities—“(A) does not affect activities described in section 314 of the Water Resources Development Act of 1990 (33 U.S.C. 2321); “(B) will address any cyber and physical security risks to such project in accordance with applicable Federal law and agency guidance; and “(C) is necessary to increase the availability and capacity, as applicable, of such project, including a project on a lower use waterway; and “(2) 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.” “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.

§2321 Operation and maintenance of navigation and hydroelectric facilities