§ 2321a. Hydroelectric power project uprating
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/usc/title-33/section-2321aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general In carrying out the operation, maintenance, rehabilitation, and modernization of a hydroelectric power generating facility at a water resources project under the jurisdiction of the Department of the Army, the Secretary may, to the extent funds are made available in appropriations Acts or in accordance with subsection (c), take such actions as are necessary to optimize the efficiency of energy production or increase the capacity of the facility, or both, if, after consulting with the heads of other appropriate Federal and State agencies, the Secretary determines that such actions—
(1)are economically justified and financially feasible;
(2)will not result in any significant adverse effect on the other purposes for which the project is authorized;
(3)will not result in significant adverse environmental impacts;
(4)will not involve major structural or operational changes in the project; and
(5)will not adversely affect the use, management, or protection of existing Federal, State, or tribal water rights.
(b)Consultation Before proceeding with any proposed uprating under subsection (a), the Secretary shall provide affected State, tribal, and Federal agencies with a copy of the proposed determinations under subsection (a). If the agencies submit comments, the Secretary shall accept those comments or respond in writing to any objections those agencies raise to the proposed determinations.
(c)Use of funds provided by preference customers In carrying out this section, the Secretary may accept and expend funds provided by preference customers under Federal law relating to the marketing of power.
(d)Application This section does not apply to any facility of the Department of the Army that is authorized to be funded under section 839d–1 of title 16.
(e)Effect on other authority This section shall not affect the authority of the Secretary and the Administrator of the Bonneville Power Administration under section 839d–1 of title 16.
(Pub. L. 104–303, title II, § 216, Oct. 12, 1996, 110 Stat. 3694; Pub. L. 106–541, title II, § 212, Dec. 11, 2000, 114 Stat. 2593.)
Connections10 cite this · traces to 2
Cited by 10 sections
statute-compilations
statutes-at-large
- Public Law 106–541To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 104–303To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes
- Public Law 115–270To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes
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- Pub. L. 104–303, title II, § 216
- 110 Stat. 3694
- Pub. L. 106–541, title II, § 212
- 114 Stat. 2593
- Pub. L. 106–541, § 212(1)
- Pub. L. 106–541, § 212(2)
- Pub. L. 106–541, § 212(3)
- section 2 of Pub. L. 104–303
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§ 2321a
Hydroelectric power project uprating
Bills×3
Stat.×3
Stat. Comp.×2
Pub. L.×1
Fed. Reg.×1
Pub. L.Pub. L. 104–303, title II, § 216
Stat.110 Stat. 3694
Pub. L.Pub. L. 106–541, title II, § 212
Stat.114 Stat. 2593
Pub. L.Pub. L. 106–541, § 212(1)
Cites 10 · showing 7Cited by 10 across 5 sources