((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 , with a non-Federal interest to perform operations or maintenance; and

((2)) prohibit the Secretary from contracting out commercial activities after , at a navigation facility.