Sec. 146. Reviewing hydropower at Corps of Engineers facilities
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Section 1008 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2321b ) is amended— by striking civil works each place it appears and inserting water resources development ; and by adding at the end the following: 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. 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. 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— that the Secretary has approved the request to conduct an evaluation; or of any additional information necessary for the Secretary to approve the request to conduct an evaluation.
An operational change referred to in paragraph (2)(A) may include— changes to seasonal pool levels; modifying releases from the project; and 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. 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).
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. 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.
Nothing in this subsection— affects the authorized purposes of a Corps of Engineers water resources development project; 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 authorizes the Secretary to make any operational changes to a Corps of Engineers water resources development project. .
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Sec. 146
Reviewing hydropower at Corps of Engineers facilities
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