§ 2321a. Hydroelectric power project uprating

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 title II § 216 · 110 Stat. 3658

   Enacted · 33 U.S.C. § 2321a

   Pub. L. 104–303, title II, § 216, Oct. 12, 1996, 110 Stat. 3694

   Source evidence

   Code source credit
   Pub. L. 104–303, title II, § 216, Oct. 12, 1996, 110 Stat. 3694

   Enacted provision · exact public law section
   SEC. 216. HYDROELECTRIC POWER PROJECT UPRATING. (a) In General.— 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— (1) is 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 the 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) Effect on Other Authority.— This section shall not affect the authority of the Secretary and the Administrator of the Bonneville Power Administration under section 2406 of the Energy Policy Act of 1992 (16 U.S.C. 839d–1; 106 Stat. 3099).

2. 2000

   Pub. L. 106–541 § 212(1) · 114 Stat. 2572

   1. Inserted · 33 U.S.C. § 2321a(a)

      Pub. L. 106–541, § 212(1), inserted introductory provisions

   2. Struck · 33 U.S.C. § 2321a(a)

      Pub. L. 106–541, § 212(1), 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—”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–541, § 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—”.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “In carrying out” and all that follows through “(1) is” and inserting the following: “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, u, after consulting with the heads of other appropriate Federal and State agencies, the Secretary determines that such actions— “(1) are”;

3. 2000

   Pub. L. 106–541 § 212(1) · 114 Stat. 2572

   Substituted · 33 U.S.C. § 2321a(a)(1)

   Pub. L. 106–541, § 212(1), substituted “are” for “is” before “economically justified”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 106–541, § 212(1), substituted “are” for “is” before “economically justified”.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “In carrying out” and all that follows through “(1) is” and inserting the following: “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, u, after consulting with the heads of other appropriate Federal and State agencies, the Secretary determines that such actions— “(1) are”;

4. 2000

   Pub. L. 106–541 § 212(2) · 114 Stat. 2572

   Substituted · 33 U.S.C. § 2321a(b)

   Pub. L. 106–541, § 212(2), substituted “any proposed uprating” for “the proposed uprating” in first sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–541, § 212(2), substituted “any proposed uprating” for “the proposed uprating” in first sentence.

   Enacted provision · exact public law section
   (2) in the first sentence of subsection (b) by striking “the proposed uprating” and inserting “any proposed uprating”;

5. 2000

   Pub. L. 106–541 § 212(3) · 114 Stat. 2572

   1. Added · 33 U.S.C. § 2321a(c)(e)

      Pub. L. 106–541, § 212(3), (4), added subsecs. (c) and (d)

   2. Redesignated · 33 U.S.C. § 2321a(c)(e)

      Pub. L. 106–541, § 212(3), (4), redesignated former subsec. (c) as (e)

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 106–541, § 212(3), (4), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

   Enacted provision · exact public law section
   (3) by redesignating subsection (c) as subsection (e); and (4) by inserting after subsection (b) the following: “(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 2406 of the Energy Policy Act of 1992 (16 U.S.C. 839d–1).”.

7 of 7 references resolved to an enrolled provision