Title 42, The Public Health and WelfareRelease 119-110

§10365 Hydroelectric Power Assessment

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Energy must study how global climate change affects water that is needed to make hydroelectric power at federal projects that serve the Federal Power Marketing Administrations (PMAs). To do that, the Secretary must work with the U.S. Geological Survey, the National Oceanic and Atmospheric Administration, state water agencies, and other experts to get the best science. For the Bonneville and Western Area PMAs, the Secretary must also consult the Commissioner to obtain data the Commissioner has and the Secretary needs. Not later than 2 years after March 30, 2009, and every 5 years after that, the Secretary must send Congress a report describing climate risks to water for hydro and to power marketed by each PMA (under long-term, contingent capacity, and short-term sales) and each PMA Administrator’s recommendations for changes in operations or contracting, including buying power to meet long-term obligations. The Secretary may make contracts, grants, or agreements to do this. Costs to the Department of Energy for the work are nonreimbursable. PMAs pay costs only if the Secretary provides appropriated funds. Funds as needed are authorized for fiscal years 2009 through 2023 and remain available until spent.

Full Legal Text

Title 42, §10365

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

(a)Duty of Secretary of Energy

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)Access to appropriate data

(1)In general

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)Access to data for certain assessments

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)Report

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)Authority

The Secretary of Energy may enter into contracts, grants, or other agreements with appropriate entities to carry out this section.

(e)Costs

(1)Nonreimbursable

Any costs incurred by the Secretary of Energy in carrying out this section shall be nonreimbursable.

(2)PMA costs

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)Authorization of appropriations

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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110