I 

109TH CONGRESS 

2D SESSION H. R. 5204 

To designate certain functions as inherently governmental, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2006 

Mr. EVANS (for himself and Mr. LAHOOD) introduced the following bill; which 

was referred to the Committee on Government Reform 

A BILL 

To designate certain functions as inherently governmental, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Locks and 

5 Lock and Dam Facilities Act of 2006’’. 

6 SEC. 2. INHERENTLY GOVERNMENTAL DETERMINATION. 

7 (a) IN GENERAL.— 

8 (1) INHERENTLY GOVERNMENTAL.—For pur9 poses of section 2(a) of the Federal Activities Inven10 tory Reform Act of 1998 (112 Stat. 2382), water 


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•HR 5204 IH 

1 and navigational resource projects and facilities, in2 cluding the operation and maintenance of locks and 

3 lock and dam facilities, are considered national crit4 ical infrastructures and the operation and mainte5 nance of locks and lock and dam facilities are con6 sidered inherently governmental functions that re7 quire performance by Federal employees. 

8 (2) TRANSFER.—The transfer of any function 

9 described in paragraph (1) to a different agency 

10 shall not change the inherently governmental func11 tion determination which requires performance of 

12 such functions by Federal employees. 

13 (b) EXCEPTIONS.—Notwithstanding subsection (a), 

14 the Army Corps of Engineers may continue to contract— 

15 (1) for private sector performance of functions 

16 related to the operation and maintenance of locks 

17 and lock and dam facilities that are performed under 

18 contracts with the private sector in effect on March 

19 1, 2006, except that nothing in this section shall 

20 prevent the Army Corps of Engineers from using 

21 Federal employees to perform such functions in the 

22 future; and 

23 (2) with the private sector to construct new 

24 locks and lock and dam facilities. 


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1 (c) DEFINITION.—For purposes of this section, the 

2 term ‘‘operation and maintenance of locks and lock and 

3 dam facilities’’ includes all activities associated with oper4 ation, maintenance, and repair of locks and lock and dam 

5 facilities as well as surrounding areas and associated fa6 cilities and equipment, including embankments, flood7 gates, spillways, outlet works, levees, pumping structures, 

8 and moveable bridge spans over navigable waterways nec9 essary for the transit of vessels; opening and closing the 

10 lock gates to permit transit of vessels and giving directions 

11 to vessel pilots transiting locks; actions related to the re12 lease of water from lock and dam facilities, such as the 

13 operation of spillway gates and other outlet works, for 

14 flood control or maintenance of a navigation pool; related 

15 to enforcement of laws, rules, and regulations on site at 

16 locks and locks with dam facilities; and contract manage17 ment and oversight. 

Æ 


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