33 U.S.C. § 2321a : US Code - Section 2321A: Hydroelectric power project uprating

Search 33 U.S.C. § 2321a : US Code - Section 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.