33 U.S. Code § 2321a - Hydroelectric power project uprating
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.
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.
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.
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.
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.
2000—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—”.
Subsec. (a)(1). Pub. L. 106–541, § 212(1), substituted “are” for “is” before “economically justified”.
Subsec. (b). Pub. L. 106–541, § 212(2), substituted “any proposed uprating” for “the proposed uprating” in first sentence.
Subsecs. (c) to (e). Pub. L. 106–541, § 212(3), (4), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).