§2321a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary of the Army may make changes to Army-run hydroelectric plants at water projects to make them produce power more efficiently or to increase their output. The Secretary can do this only if Congress has provided the money or if funds come from certain power customers, and only after talking with other federal and state agency leaders and finding that the changes are: economically and financially sound; won’t hurt the project’s other purposes; won’t cause major environmental harm; won’t require big structural or operational changes; and won’t harm existing federal, state, or tribal water rights. Before moving forward, the Secretary must give affected state, tribal, and federal agencies the proposed decisions. If those agencies comment or object, the Secretary must accept their comments or reply in writing. The rule does not apply to Army facilities already covered by a different funding law, and it does not change the powers of the Secretary or the head of the Bonneville Power Administration under that other law.

Title 33, §2321a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In carrying out the operation, maintenance, rehabilitation, and modernization of a hydroelectric power generating facility at a water resources project under the jurisdiction of the Department of the Army, the Secretary may, to the extent funds are made available in appropriations Acts or in accordance with subsection (c), take such actions as are necessary to optimize the efficiency of energy production or increase the capacity of the facility, or both, if, after consulting with the heads of other appropriate Federal and State agencies, the Secretary determines that such actions—

(1)are economically justified and financially feasible;

(2)will not result in any significant adverse effect on the other purposes for which the project is authorized;

(3)will not result in significant adverse environmental impacts;

(4)will not involve major structural or operational changes in the project; and

(5)will not adversely affect the use, management, or protection of existing Federal, State, or tribal water rights.

(b)Before proceeding with any proposed uprating under subsection (a), the Secretary shall provide affected State, tribal, and Federal agencies with a copy of the proposed determinations under subsection (a). If the agencies submit comments, the Secretary shall accept those comments or respond in writing to any objections those agencies raise to the proposed determinations.

(c)In carrying out this section, the Secretary may accept and expend funds provided by preference customers under Federal law relating to the marketing of power.

(d)This section does not apply to any facility of the Department of the Army that is authorized to be funded under section 839d–1 of title 16.

(e)This section shall not affect the authority of the Secretary and the Administrator of the Bonneville Power Administration under section 839d–1 of title 16.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2000—Subsec. (a). Pub. L. 106–541, § 212(1), inserted introductory provisions and struck out former introductory provisions which read as follows: “In carrying out the maintenance, rehabilitation, and modernization of a hydroelectric power generating facility at a water resources project under the jurisdiction of the Department of the Army, the Secretary may take, to the extent funds are made available in appropriations Acts, such actions as are necessary to increase the efficiency of energy production or the capacity of the facility, or both, if, after consulting with the heads of other appropriate Federal and State agencies, the Secretary determines that the increase—”. Subsec. (a)(1). Pub. L. 106–541, § 212(1), substituted “are” for “is” before “economically justified”. Subsec. (b). Pub. L. 106–541, § 212(2), substituted “any proposed uprating” for “the proposed uprating” in first sentence. Subsecs. (c) to (e). Pub. L. 106–541, § 212(3), (4), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 104–303, set out as a note under section 2201 of this title.

§2321a Hydroelectric power project uprating