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33 U.S.C. § 2322 — Operation and maintenance of navigation and hydroelectric facilities
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_bd3e2cf091fe3dd1837be82d
Source file: Laws/federal/codes/united-states-code/title-33/section-2322-operation-and-maintenance-of-navigation-and-hydroelectric-facilities--719b0cc27f.md
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Source location: Title 33, Chapter 36, § 2322; chapter-036-water-resources-development.md
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**(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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Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusion of elements from benefit-cost analysis** The Secretary shall not include in the benefit base for justifying Federal flood damage reduction projects—
(1)
(A) any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation after July 1, 1991; or
(B) in the case of a county substantially located within the 100-year flood plain, any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 10-year flood plain after July 1, 1991; and
(2) any structure which becomes located in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation or in the 10-year flood plain, as the case may be, by virtue of constrictions placed in the flood plain after July 1, 1991.
**(b) Flood damage reduction benefits**
(1) **In general** — In calculating the benefits of a proposed project for nonstructural flood damage reduction, the Secretary shall calculate the benefits of the nonstructural project using methods similar to those used for calculating the benefits of structural projects, including similar treatment in calculating the benefits from losses avoided.
(2) **Avoidance of double counting** — In carrying out paragraph (1), the Secretary should avoid double counting of benefits.
**(c) Counties substantially located within 100-year flood plain** For the purposes of subsection (a), a county is substantially located within the 100-year flood plain—
(1) if the county is comprised of lands of which 50 percent or more are located in the 100-year flood plain; and
(2) if the Secretary determines that applicati
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2321
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Federal law — U.S. Code and appendices · legal_authorities
Page 811
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2323
(5) Deadline
The Secretary shall complete an evaluation
under this subsection by the date that is not
later than 1 year after the date on which the
Secretary begins the evaluation.
(6) Report
On completion of an evaluation under this
subsection, the Secretary shall submit to the
Committee on Environment and Public Works
of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives a report on the effects of the
operational changes proposed by the non-Fed-
eral interest and examined in the evaluation
on the authorized purposes of the project, in-
cluding a description of any negative impacts
of the proposed operational changes on the au-
thorized purposes of the project, or on any
Federal project located in the same basin.
(7) Savings provision
Nothing in this subsection—
(A) affects the authorized purposes of a
Corps of Engineers water resources develop-
ment project;
(B) affects existing authorities of the
Corps of Engineers, including authorities
with respect to navigation, flood damage re-
duction, environmental protection and res-
toration, water supply and conservation, and
other related purposes; or
(C) authorizes the Secretary to make any
operational changes to a Corps of Engineers
water resources development project.
(Pub. L. 113–121, title I, § 1008, June 10, 2014, 128
Stat. 1215; Pub. L. 116–260, div. AA, title I, § 146,
Dec. 27, 2020, 134 Stat. 2655; Pub. L. 117–263, div.
H, title LXXXI, § 8123, Dec. 23, 2022, 136 Stat.
3714.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Water Resources
Reform and Development Act of 2014, and not as part of
the Water Resources Development Act of 1986 which
comprises this chapt
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2322
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.