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33 U.S.C. § 2323 — Hydroelectric power project uprating
Federal law — U.S. Code and appendices · legal_authorities
**(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 839
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2323
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Source file: Laws/federal/codes/united-states-code/title-33/section-2323-hydroelectric-power-project-uprating--f6ca4eb063.md
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Source location: Title 33, Chapter 36, § 2323; chapter-036-water-resources-development.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839d–1&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839d–1&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
Without further appropriation and without fiscal year limitation, the Secretaries of the Interior and Army are authorized to plan, design, construct, operate and maintain generation additions, improvements and replacements, at their respective Federal projects in the Pacific Northwest Region as defined in the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act), Public Law 96–501 ([16 U.S.C. 839a(14)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839a/14&num=0&edition=prelim)), and to operate and maintain the respective Secretary’s power facilities in the Region, that the respective Secretary determines necessary or appropriate and that the Bonneville Power Administrator subsequently determines necessary or appropriate, with any funds that the Administrator determines to make available to the respective Secretary for such purposes. Each Secretary is authorized, without further appropriation, to accept and use such funds for such purposes: Provided, That, such funds shall continue to be exempt from sequestration pursuant to [section 905(g)(1) of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/g/1&num=0&edition=prelim): Provided further, That this section shall not modify or affect the applicability of any provision of the Northwest Power Act [[16 U.S.C. 839](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839&num=0&edition=prelim) et seq.]. This provision shall be effective on October 1, 1993.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 839d–1
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Federal law — U.S. Code and appendices · legal_authorities
Page 811
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2323
(5) Deadline
The Secretary shall complete an evaluation
under this subsection by the date that is not
later than 1 year after the date on which the
Secretary begins the evaluation.
(6) Report
On completion of an evaluation under this
subsection, the Secretary shall submit to the
Committee on Environment and Public Works
of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives a report on the effects of the
operational changes proposed by the non-Fed-
eral interest and examined in the evaluation
on the authorized purposes of the project, in-
cluding a description of any negative impacts
of the proposed operational changes on the au-
thorized purposes of the project, or on any
Federal project located in the same basin.
(7) Savings provision
Nothing in this subsection—
(A) affects the authorized purposes of a
Corps of Engineers water resources develop-
ment project;
(B) affects existing authorities of the
Corps of Engineers, including authorities
with respect to navigation, flood damage re-
duction, environmental protection and res-
toration, water supply and conservation, and
other related purposes; or
(C) authorizes the Secretary to make any
operational changes to a Corps of Engineers
water resources development project.
(Pub. L. 113–121, title I, § 1008, June 10, 2014, 128
Stat. 1215; Pub. L. 116–260, div. AA, title I, § 146,
Dec. 27, 2020, 134 Stat. 2655; Pub. L. 117–263, div.
H, title LXXXI, § 8123, Dec. 23, 2022, 136 Stat.
3714.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Water Resources
Reform and Development Act of 2014, and not as part of
the Water Resources Development Act of 1986 which
comprises this chapt
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2323
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