§ 2321a. — Hydroelectric power project uprating.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2321a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 2321a. Hydroelectric power project uprating
(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) of this
section, 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) of
this section, the Secretary shall provide affected State, tribal, and
Federal agencies with a copy of the proposed determinations under
subsection (a) of this section. 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, Sec. 216, Oct. 12, 1996, 110 Stat. 3694;
Pub. L. 106-541, title II, Sec. 212, Dec. 11, 2000, 114 Stat. 2593.)
Codification
Section was enacted as part of the Water Resources Development Act
of 1996, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
Amendments
2000--Subsec. (a). Pub. L. 106-541, Sec. 212(1), inserted
introductory provisions and struck out former introductory provisions
which read as follows: ``In carrying out the 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 take, to the extent funds are
made available in appropriations Acts, such actions as are necessary to
increase the efficiency of energy production or the capacity of the
facility, or both, if, after consulting with the heads of other
appropriate Federal and State agencies, the Secretary determines that
the increase--''.
Subsec. (a)(1). Pub. L. 106-541, Sec. 212(1), substituted ``are''
for ``is'' before ``economically justified''.
Subsec. (b). Pub. L. 106-541, Sec. 212(2), substituted ``any
proposed uprating'' for ``the proposed uprating'' in first sentence.
Subsecs. (c) to (e). Pub. L. 106-541, Sec. 212(3), (4), added
subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
104-303, set out as a note under section 2201 of this title.
