Title 16ConservationRelease 119-73

§838n Columbia Basin power management

Title 16 › Chapter CHAPTER 12G— - PACIFIC NORTHWEST FEDERAL TRANSMISSION SYSTEM › § 838n

Last updated Apr 6, 2026|Official source

Summary

Creates a Treasury account to pay for projects that increase renewable electricity traded between the western United States and Canada. Account — a Treasury fund for these projects. Administrator — the head of the Bonneville Power Administration. Canadian Entitlement — Canada’s downstream power benefits under the 1961 Columbia River treaty. The Administrator may use the account to build transmission lines in the western United States that help non-carbon power flows to and from Canada, but only after the later of September 16, 2024, or the date the Canadian entitlement value calculation is ended or reduced to the actual power value to the United States, as the Administrator decides. The Administrator must consult Canadian utilities and regional transmission planners. Money can be appropriated to the account equal to the total Canadian Entitlement for the five years before November 15, 2021. The Commissioner of Reclamation must upgrade the John W. Keys III Pump Generating Plant to replace old equipment, keep the system reliable and efficient, add hydroelectric capacity in the Pacific Northwest, and protect irrigation water if Columbia River flows from British Columbia are too low after September 16, 2024. Up to $100,000,000 is authorized for that work. The Administrator must also study the value of better coordinating U.S. and Canadian hydro and storage operations, looking at future Northwest electricity supply, greenhouse gas reductions, transmission needs, and other relevant factors, coordinating with British Columbia (or its crown corporation), the Assistant Secretary, the Commissioner of Reclamation, and any public utility districts on the Columbia River mainstem. Up to $10,000,000 is authorized for the study.

Full Legal Text

Title 16, §838n

Conservation — Source: USLM XML via OLRC

(a)In this section:
(1)The term “Account” means the account established by subsection (b)(1).
(2)The term “Administrator” means the Administrator of the Bonneville Power Administration.
(3)The term “Canadian Entitlement” means the downstream power benefits that Canada is entitled to under Article V of the Treaty Relating to Cooperative Development of the Water Resources of the Columbia River Basin, signed at Washington January 17, 1961 (15 UST 1555; TIAS 5638).
(b)(1)There is established in the Treasury an account for the purposes of making expenditures to increase bilateral transfers of renewable electric generation between the western United States and Canada.
(2)(A)The Administrator may make expenditures from the Account for activities to improve electric power system coordination by constructing electric power transmission facilities within the western United States that directly or indirectly facilitate non-carbon emitting electric power transactions between the western United States and Canada.
(B)Subparagraph (A) shall be effective after the later of—
(i)September 16, 2024; and
(ii)the date on which the Canadian entitlement value calculation is terminated or reduced to the actual electric power value to the United States, as determined by the Administrator.
(3)The Administrator shall consult with relevant electric utilities in Canada and appropriate regional transmission planning organizations in considering the construction of transmission activities under this subsection.
(4)There is authorized to be appropriated to the Account a nonreimburseable amount equal to the aggregated amount of the Canadian Entitlement during the 5-year period preceding November 15, 2021.
(c)(1)The Commissioner of Reclamation shall rehabilitate and enhance the John W. Keys III Pump Generating Plant—
(A)to replace obsolete equipment;
(B)to maintain reliability and improve efficiency in system performance and operation;
(C)to create more hydroelectric power capacity in the Pacific Northwest; and
(D)to ensure the availability of water for irrigation in the event that Columbia River water flows from British Columbia into the United States are insufficient after September 16, 2024.
(2)There is authorized to be appropriated $100,000,000, which shall be nonreimburseable, to carry out this subsection.
(d)(1)The Administrator shall conduct a study considering the potential hydroelectric power value to the Pacific Northwest of increasing the coordination of the operation of hydroelectric and water storage facilities on rivers located in the United States and Canada.
(2)The study conducted under paragraph (1) shall analyze—
(A)projected changes to the Pacific Northwest electricity supply;
(B)potential reductions in greenhouse gas emissions;
(C)any potential need to increase transmission capacity; and
(D)any other factor the Administrator considers to be relevant for increasing bilateral coordination.
(3)In conducting the study under paragraph (1), the Administrator shall coordinate, to the extent practicable, with—
(A)the 11 So in original. The word “the” probably should not appear. British Columbia or a crown corporation owned by British Columbia;
(B)the Assistant Secretary;
(C)the Commissioner of Reclamation; and
(D)any public utility districts that operate hydroelectric projects on the mainstem of the Columbia River.
(4)There is authorized to be appropriated $10,000,000, which shall be nonreimburseable, to carry out this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Federal Columbia River Transmission System Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

Reference

Citations & Metadata

Citation

16 U.S.C. § 838n

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73