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

Summary

Developing non‑Federal hydropower at Corps of Engineers water projects must be a priority. The Corps must approve those projects, including any permits required under section 408, in a timely and consistent way. Approvals must not reduce the Corps’ other missions, like authorized project purposes or protecting habitat and the environment. The Secretary must carry out this policy across the country and look for chances to add more hydro at existing powered projects and to add new hydro at nonpowered projects. Within 2 years after June 10, 2014, and every two years after, the Secretary must send a public report to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure. The report must describe what was done to encourage development, list new approvals and how long approvals took, show the status of pending applications, describe any benefits or impacts to the environment, recreation, or other uses from projects developed in the prior fiscal year, and state the total annual payments or services to the Corps, the Treasury, and other federal agencies from approved non‑Federal hydropower projects. If a non‑Federal owner or operator of an existing hydropower facility asks in writing, the Secretary must evaluate possible operational changes to help non‑Federal power production while keeping authorized project purposes. The Secretary must get stakeholder input, reply in writing within 180 days to approve the evaluation or request more information, and finish the evaluation within 1 year after it starts. The requester must pay all evaluation costs. After the evaluation, the Secretary must report to the same two congressional committees on effects and any negative impacts on project purposes or other federal projects in the same basin. This process does not change the Corps’ authorized purposes or its existing authorities, and it does not let the Secretary actually make operational changes under this rule.

Title 33, §2321b

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Congress declares that it is the policy of the United States that—

(1)the development of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including locks and dams, shall be given priority;

(2)Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including permitting required under section 408 of this title, shall be completed by the Corps of Engineers in a timely and consistent manner; and

(3)approval of hydropower at Corps of Engineers water resources development projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection.

(b)The Secretary shall—

(1)ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and

(2)assess opportunities—

(A)to increase the development of hydroelectric power at existing water resources development projects of the Corps of Engineers with hydroelectric facilities; and

(B)to develop new hydroelectric power at existing nonpowered water resources development projects of the Corps of Engineers.

(c)Not later than 2 years after June 10, 2014, and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, at a minimum, shall include—

(1)a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers water resources development projects and to meet the requirements of subsection (b);

(2)a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers water resources development projects in that fiscal year, including the length of time the Secretary needed to approve those activities;

(3)a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers water resources development projects;

(4)a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers water resources development projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and

(5)the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers water resources development projects.

(d)(1)In this subsection, the term “eligible non-Federal interest” means a non-Federal interest that owns or operates an existing non-Federal hydropower facility at a Corps of Engineers water resources development project.

(2)(A)On the written request of an eligible non-Federal interest, the Secretary shall conduct an evaluation to consider operational changes at the applicable project to facilitate production of non-Federal hydropower, consistent with authorized project purposes. The Secretary shall solicit input from interested stakeholders as part of the evaluation.

(B)Not later than 180 days after the date on which the Secretary receives a written request under subparagraph (A), the Secretary shall provide to the non-Federal interest a written response to inform the non-Federal interest—

(i)that the Secretary has approved the request to conduct an evaluation; or

(ii)of any additional information necessary for the Secretary to approve the request to conduct an evaluation.

(3)An operational change referred to in paragraph (2)(A) may include—

(A)changes to seasonal pool levels;

(B)modifying releases from the project; and

(C)other changes included in the written request submitted under that paragraph that enhance the usage of the project to facilitate production of non-Federal hydropower, consistent with authorized project purposes.

(4)The eligible non-Federal interest shall pay 100 percent of the costs associated with an evaluation under this subsection, including the costs to prepare the report under paragraph (6).

(5)The Secretary shall complete an evaluation under this subsection by the date that is not later than 1 year after the date on which the Secretary begins the evaluation.

(6)On completion of an evaluation under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the effects of the operational changes proposed by the non-Federal interest and examined in the evaluation on the authorized purposes of the project, including a description of any negative impacts of the proposed operational changes on the authorized purposes of the project, or on any Federal project located in the same basin.

(7)Nothing in this subsection—

(A)affects the authorized purposes of a Corps of Engineers water resources development project;

(B)affects existing authorities of the Corps of Engineers, including authorities with respect to navigation, flood damage reduction, environmental protection and restoration, water supply and conservation, and other related purposes; or

(C)authorizes the Secretary to make any operational changes to a Corps of Engineers water resources development project.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2022—Subsec. (b). Pub. L. 117–263, § 8123(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (b)(1). Pub. L. 117–263, § 8123(1), inserted “and to meet the requirements of subsection (b)” after “projects”. Subsecs. (c), (d). Pub. L. 117–263, § 8123(2), redesignated subsecs. (b) and (c) as (c) and (d), respectively. 2020—Subsecs. (a), (b). Pub. L. 116–260, § 146(1), substituted “water resources development” for “civil works” wherever appearing. Subsec. (c). Pub. L. 116–260, § 146(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

§2321b Expediting hydropower at Corps of Engineers facilities