Sec. 2014. Dam optimization
773 words·~4 min read·
/bill/113/hr/3080/eas/section-2014A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term other related project benefits includes— environmental protection and restoration, including restoration of water quality and water flows, improving movement of fish and other aquatic species, and restoration of floodplains, wetlands, and estuaries; increased water supply storage (except for any project in the Apalachicola-Chattahoochee-Flint River system and the Alabama-Coosa-Tallapoosa River system); increased hydropower generation; reduced flood risk; additional navigation; and improved recreation.
The Secretary may carry out activities— to improve the efficiency of the operations and maintenance of dams and related infrastructure operated by the Corps of Engineers; and to maximize, to the extent practicable— authorized project purposes; and other related project benefits. An eligible activity under this section is any activity that the Secretary would otherwise be authorized to carry out that is designed to provide other related project benefits in a manner that does not adversely impact the authorized purposes of the project.
An activity carried out under this section shall not adversely impact any of the authorized purposes of the project. Nothing in this section— supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act; or supersedes or authorizes any amendment to a multistate water-control plan, including the Missouri River Master Water Control Manual (as in effect on the date of enactment of this Act).
Nothing in this section— affects any water right in existence on the date of enactment of this Act; preempts or affects any State water law or interstate compact governing water; or affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State. An activity carried out under this section shall comply with all other applicable laws (including regulations). Any activity carried out under this section that results in any modification to water supply storage allocations at a reservoir operated by the Secretary shall comply with section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ).
The Secretary shall carry out a review of, and as necessary modify, the policies, regulations, and guidance of the Secretary to carry out the activities described in subsection (b). The Secretary shall— coordinate all planning and activities carried out under this section with appropriate Federal, State, and local agencies and those public and private entities that the Secretary determines may be affected by those plans or activities; and give priority to planning and activities under this section if the Secretary determines that— the greatest opportunities exist for achieving the objectives of the program, as specified in subsection (b)(1), and the coordination activities under this subsection indicate that there is support for carrying out those planning and activities.
Prior to carrying out an activity under this section, the Secretary shall consult with any applicable non-Federal interest of the affected dam or related infrastructure. Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to Congress a report describing the actions carried out under this section. Each report under paragraph
(1)shall include— a schedule for reviewing the operations of individual projects; and any recommendations of the Secretary on changes that the Secretary determines to be necessary— to carry out existing project authorizations, including the deauthorization of any water resource project that the Secretary determines could more effectively be achieved through other means; to improve the efficiency of water resource project operations; and to maximize authorized project purposes and other related project benefits. Not later than 2 years after the date of enactment of this Act, the Secretary shall update the report entitled Authorized and Operating Purposes of Corps of Engineers Reservoirs and dated July 1992, which was produced pursuant to section 311 of the Water Resources Development Act of 1990 (104 Stat. 4639). The updated report described in subparagraph
(A)shall include— the date on which the most recent review of project operations was conducted and any recommendations of the Secretary relating to that review the Secretary determines to be significant; and the dates on which the recommendations described in clause
(i)were carried out. The Secretary may use to carry out this section amounts made available to the Secretary from— the general purposes and expenses account; the operations and maintenance account; and any other amounts that are appropriated to carry out this section. The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this section. The Secretary may enter into cooperative agreements with other Federal agencies and non-Federal entities to carry out this section.
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
- 104 Stat. 4639
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources