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33 U.S.C. § 2323a — Expediting hydropower at Corps of Engineers facilities

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2323a — Expediting hydropower at Corps of Engineers facilities

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Stable record: federal_law:legal_authorities:record_usc_5182826af0491c2d4bb6d3c9
Source file: Laws/federal/codes/united-states-code/title-33/section-2323a-expediting-hydropower-at-corps-of-engineers-facilities--2d76023096.md
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Source location: Title 33, Chapter 36, § 2323a; chapter-036-water-resources-development.md

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**(a) Policy** Congress declares that it is the policy of the United States that— (1) the development of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including locks and dams, shall be given priority; (2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including permitting required under [section 408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim), shall be completed by the Corps of Engineers in a timely and consistent manner; and (3) approval of hydropower at Corps of Engineers water resources development projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection. **(b) Implementation of policy** The Secretary shall— (1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and (2) assess opportunities— (A) to increase the development of hydroelectric power at existing water resources development projects of the Corps of Engineers with hydroelectric facilities; and (B) to develop new hydroelectric power at existing nonpowered water resources development projects of the Corps of Engineers. **(c) Report** Not later than 2 years after June 10, 2014, and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, at a minimum, shall include— (1) a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers water resources development projects and to meet the requirements of subsection (b); (2) a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers water resources development projects in that fiscal year, including the length of time the Secretary needed to approve those activities; (3) a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers water resources development projects; (4) a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers water resources development projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and (5) the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers water resources development projects. **(d) Reviewing hydropower at Corps of Engineers facilities** (1) **Definition of eligible non-Federal interest** — In this subsection, the term “eligible non-Federal interest” means a non-Federal interest that owns or operates an existing non-Federal hydropower facility at a Corps of Engineers water resources development project. (2) **Evaluation** (A) *In general* — On the written request of an eligible non-Federal interest, the Secretary shall conduct an evaluation to consider operational changes at the applicable project to facilitate production of non-Federal hydropower, consistent with authorized project purposes. The Secretary shall solicit input from interested stakeholders as part of the evaluation. (B) *Deadline* — Not later than 180 days after the date on which the Secretary receives a written request under subparagraph (A), the Secretary shall provide to the non-Federal interest a written response to inform the non-Federal interest— (i) that the Secretary has approved the request to conduct an evaluation; or (ii) of any additional information necessary for the Secretary to approve the request to conduct an evaluation. (3) **Operational changes** — An operational change referred to in paragraph (2)(A) may include— (A) changes to seasonal pool levels; (B) modifying releases from the project; and (C) other changes included in the written request submitted under that paragraph that enhance the usage of the project to facilitate production of non-Federal hydropower, consistent with authorized project purposes. (4) **Cost share** — The eligible non-Federal interest shall pay 100 percent of the costs associated with an evaluation under this subsection, including the costs to prepare the report under paragraph (6). (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 Transportation and Infrastructure of the House of Representatives a report on the effects of the operational changes proposed by the non-Federal interest and examined in the evaluation on the authorized purposes of the project, including a description of any negative impacts of the proposed operational changes on the authorized 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 development project; (B) affects existing authorities of the Corps of Engineers, including authorities with respect to navigation, flood damage reduction, environmental protection and restoration, 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.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 408 — Taking possession of, use of, or injury to harbor or river improvements

**(a) Prohibitions and permissions** It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest: Provided further, That the Secretary may, on the recommendation of the Chief of Engineers, grant permission for the alteration or permanent occupation or use of any of the aforementioned public works when in the judgment of the Secretary such occupation or use will not be injurious to the public interest and will not impair the usefulness of such work. **(b) Concurrent review** (1) **NEPA review** (A) *In general* — In any case in which an activity subject to this section requires a review under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), review and approval of the

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7036 — Chiefs of branches: appointment; duties

**(a)** There are in the Army the following officers: (1) Chief of Engineers. (2) Surgeon General. (3) Judge Advocate General. (4) Chief of Chaplains. **(b)** Each officer named in subsection (a), except the Judge Advocate General, shall be appointed by the President, by and with the advice and consent of the Senate, from officers above the grade of major who— (1) have shown by extensive duty in the branch concerned, or by similar duty, that they are qualified for the appointment; and (2) have been recommended by a board under subsection (e). The Surgeon General may be appointed from officers in any corps of the Army Medical Department. The Judge Advocate General shall be appointed as prescribed in [section 7037 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7037&num=0&edition=prelim). **(c)** An officer appointed under subsection (b) normally holds office for four years. However, the President may terminate or extend the appointment at any time. **(d)** Each officer named in subsection (a) shall perform duties prescribed by the Secretary of the Army and by law. **(e)** (1) Under the supervision of the Secretary, the Chief of Engineers may accept orders to provide services to another department, agency, or instrumentality of the United States or to a State or political subdivision of a State. The Chief of Engineers may provide any part of those services by contract. Services may be provided to a State, or to a political subdivision of a State, only if— (A) the work to be undertaken on behalf of non-Federal interests involves Federal assistance and the head of the department or agency providing Federal assistance for the work does not object to the provision of services by the Chief of Engineers; and (B) the se

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2323a — Interagency and international support

Page 812 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2323a Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 101–640, set out as a note under section 2201 of this title. § 2323a. Interagency and international support authority (a) In general The Secretary may engage in activities (in- cluding contracting) in support of Federal de- partments or agencies, nongovernmental organi- zations, international organizations, or foreign governments to address problems of national significance to the United States. (b) Consultation The Secretary may engage in activities in sup- port of international organizations or foreign governments only after consulting with the De- partment of State. (c) Use of Corps’ expertise The Secretary may use the technical and man- agerial expertise, including the planning and de- sign expertise, of the Corps of Engineers to ad- dress domestic and international problems re- lated to water resources, infrastructure develop- ment, and environmental protection and res- toration. (d) Funding (1) In general There is authorized to be appropriated to carry out this section $2,500,000 for fiscal year 2008 and each fiscal year thereafter. (2) Acceptance of funds The Secretary may accept and expend addi- tional funds from Federal departments or agencies, nongovernmental organizations, international organizations, or foreign govern- ments to carry out this section. (Pub. L. 104–303, title II, § 234, Oct. 12, 1996, 110 Stat. 3704; Pub. L. 106–541, title II, § 207, Dec. 11, 2000, 114 Stat. 2590; Pub. L. 110–114, title II, § 2030, Nov. 8, 2007, 121 Stat. 1081; Pub. L. 113–121, title I, § 1029,

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2323a

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