# § 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.
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**Source Credit**: (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— 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
> **“(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.”
, , , provided that:
### “Secretary” Defined
Secretary means the Secretary of the Army, see , set out as a note under .