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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Locks and 
Lock and Dam Facilities Act of 2006’’. 
SEC. 2. INHERENTLY GOVERNMENTAL DETERMINATION. 
(a) IN GENERAL.— 
(1) INHERENTLY
GOVERNMENTAL.—For pur-
poses of section 2(a) of the Federal Activities Inven-
tory Reform Act of 1998 (112 Stat. 2382), water 
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and navigational resource projects and facilities, in-
cluding the operation and maintenance of locks and 
lock and dam facilities, are considered national crit-
ical infrastructures and the operation and mainte-
nance of locks and lock and dam facilities are con-
sidered inherently governmental functions that re-
quire performance by Federal employees. 
(2) TRANSFER.—The transfer of any function 
described in paragraph (1) to a different agency 
shall not change the inherently governmental func-
tion determination which requires performance of 
such functions by Federal employees. 
(b) EXCEPTIONS.—Notwithstanding subsection (a), 
the Army Corps of Engineers may continue to contract— 
(1) for private sector performance of functions 
related to the operation and maintenance of locks 
and lock and dam facilities that are performed under 
contracts with the private sector in effect on March 
1, 2006, except that nothing in this section shall 
prevent the Army Corps of Engineers from using 
Federal employees to perform such functions in the 
future; and 
(2) with the private sector to construct new 
locks and lock and dam facilities. 
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(c) DEFINITION.—For purposes of this section, the 
term ‘‘operation and maintenance of locks and lock and 
dam facilities’’ includes all activities associated with oper-
ation, maintenance, and repair of locks and lock and dam 
facilities as well as surrounding areas and associated fa-
cilities and equipment, including embankments, flood-
gates, spillways, outlet works, levees, pumping structures, 
and moveable bridge spans over navigable waterways nec-
essary for the transit of vessels; opening and closing the 
lock gates to permit transit of vessels and giving directions 
to vessel pilots transiting locks; actions related to the re-
lease of water from lock and dam facilities, such as the 
operation of spillway gates and other outlet works, for 
flood control or maintenance of a navigation pool; related 
to enforcement of laws, rules, and regulations on site at 
locks and locks with dam facilities; and contract manage-
ment and oversight. 
Æ 
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