Title 42The Public Health and WelfareRelease 119-73

§10365 Hydroelectric power assessment

Title 42 › Chapter CHAPTER 109B— - SECURE WATER › § 10365

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Energy must check how global climate change affects water used to make hydroelectric power at each federal water project tied to a Federal Power Marketing Administration. To do this, the Secretary must work with the United States Geological Survey, the National Oceanic and Atmospheric Administration, the relevant program, and state water agencies to get the best science. For the Bonneville Power Administration and the Western Area Power Administration, the Secretary must also work with the Commissioner to get any needed data the Commissioner has collected. Within 2 years after March 30, 2009, and every 5 years after that, the Secretary must send Congress a report that explains climate risks to hydro water supplies and to power sold by each Federal Power Marketing Administration (under long‑term contracts, contingent capacity contracts, and short‑term sales) and that includes each Administration’s recommendations for changing operations or contracts (including buying power to meet commitments). The Secretary may make contracts or grants to do the work. Costs the Secretary pays are nonreimbursable, and each Administration pays only if the Secretary provides appropriated funds. Money needed for this work is authorized for fiscal years 2009 through 2023 and remains available until spent.

Full Legal Text

Title 42, §10365

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary of Energy, in consultation with the Administrator of each Federal Power Marketing Administration, shall assess each effect of, and risk resulting from, global climate change with respect to water supplies that are required for the generation of hydroelectric power at each Federal water project that is applicable to a Federal Power Marketing Administration.
(b)(1)In carrying out each assessment under subsection (a), the Secretary of Energy shall consult with the United States Geological Survey, the National Oceanic and Atmospheric Administration, the program, and each appropriate State water resource agency, to ensure that the Secretary of Energy has access to the best available scientific information with respect to presently observed impacts and projected future impacts of global climate change on water supplies that are used to produce hydroelectric power.
(2)In carrying out each assessment under subsection (a), with respect to the Bonneville Power Administration and the Western Area Power Administration, the Secretary of Energy shall consult with the Commissioner to access data and other information that—
(A)is collected by the Commissioner; and
(B)the Secretary of Energy determines to be necessary for the conduct of the assessment.
(c)Not later than 2 years after March 30, 2009, and every 5 years thereafter, the Secretary of Energy shall submit to the appropriate committees of Congress a report that describes—
(1)each effect of, and risk resulting from, global climate change with respect to—
(A)water supplies used for hydroelectric power generation; and
(B)power supplies marketed by each Federal Power Marketing Administration, pursuant to—
(i)long-term power contracts;
(ii)contingent capacity contracts; and
(iii)short-term sales; and
(2)each recommendation of the Administrator of each Federal Power Marketing Administration relating to any change in any operation or contracting practice of each Federal Power Marketing Administration to address each effect and risk described in paragraph (1), including the use of purchased power to meet long-term commitments of each Federal Power Marketing Administration.
(d)The Secretary of Energy may enter into contracts, grants, or other agreements with appropriate entities to carry out this section.
(e)(1)Any costs incurred by the Secretary of Energy in carrying out this section shall be nonreimbursable.
(2)Each Federal Power Marketing Administration shall incur costs in carrying out this section only to the extent that appropriated funds are provided by the Secretary of Energy for that purpose.
(f)There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2009 through 2023, to remain available until expended.

Reference

Citations & Metadata

Citation

42 U.S.C. § 10365

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73