33 U.S.C. § 2321b: Expediting hydropower at…

Summary

Gives priority to non-Federal hydroelectric projects at Corps of Engineers water projects, like locks and dams. The Corps must complete approvals and any required permits in a timely and consistent way. These approvals must not reduce the Corps’ other missions or the approved uses of its projects. The Secretary must carry out this priority across the country and look for chances to add or expand hydropower at existing powered and nonpowered Corps projects. No later than 2 years after June 10, 2014, and every two years after that, the Secretary must send and publish a report to the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee. The report must cover initiatives to encourage non-Federal hydropower and, at minimum, list new approved non-Federal hydropower activities with approval times; show the status of pending applications; describe benefits or impacts to the environment, recreation, or other uses at sites with new non-Federal hydropower in the past year; and give the total annual payments or services provided to the Corps, the Treasury, or other federal agencies from those projects. A non-Federal owner or operator of an existing non-Federal hydropower facility at a Corps project can ask in writing for an evaluation of operational changes to help produce more hydropower, as long as the changes fit the project’s approved uses. The Secretary must seek stakeholder input, and within 180 days must say whether the evaluation is approved or needs more information. The request may cover things like seasonal pool levels or changing water releases. The non-Federal requester must pay 100 percent of the evaluation costs, including the report. The Secretary must finish the evaluation within 1 year of starting it and report the results and any negative impacts to the same congressional committees. The evaluation does not change project purposes, does not alter existing Corps authorities, and does not allow the Secretary to make operational changes.

Title 33, §2321b

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Policy

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)Implementation of policy

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)Report

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)Reviewing hydropower at Corps of Engineers facilities

(1)Definition of eligible non-Federal interest

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)Evaluation

(A)In general

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)Deadline

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)Operational changes

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)Cost share

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)Deadline

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)Report

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)Savings provision

Nothing in this subsection

(A)

(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