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16 U.S.C. § 839d–1 — Federal projects in Pacific Northwest

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

16 U.S.C. § 839d–1 — Federal projects in Pacific Northwest

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.

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Source location: Title 16, Chapter 12H, § 839d–1; chapter-12h-pacific-northwest-electric-power-planning-and-conservation.md

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

16 U.S.C. § 839 — Congressional declaration of purpose

The purposes of this chapter, together with the provisions of other laws applicable to the Federal Columbia River Power System, are all intended to be construed in a consistent manner. Such purposes are also intended to be construed in a manner consistent with applicable environmental laws. Such purposes are: (1) to encourage, through the unique opportunity provided by the Federal Columbia River Power System— (A) conservation and efficiency in the use of electric power, and (B) the development of renewable resources within the Pacific Northwest; (2) to assure the Pacific Northwest of an adequate, efficient, economical, and reliable power supply; (3) to provide for the participation and consultation of the Pacific Northwest States, local governments, consumers, customers, users of the Columbia River System (including Federal and State fish and wildlife agencies and appropriate Indian tribes), and the public at large within the region in— (A) the development of regional plans and programs related to energy conservation, renewable resources, other resources, and protecting, mitigating and enhancing fish and wildlife resources, (B) facilitating the orderly planning of the region’s power system, and (C) providing environmental quality; (4) to provide that the customers of the Bonneville Power Administration and their consumers continue to pay all costs necessary to produce, transmit, and conserve resources to meet the region’s electric power requirements, including the amortization on a current basis of the Federal investment in the Federal Columbia River Power System; (5) to insure, subject to the provisions of this chapter— (A) that the authorities and responsibilities of State and local governments, electric utility systems, water management agencie

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

33 U.S.C. § 2323 — 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), 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

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

16 U.S.C. § 839 — Congressional declaration of purpose

Page 1519 TITLE 16—CONSERVATION § 839 1 So in original. The word ‘‘the’’ probably should not appear. value to the Pacific Northwest of increasing the coordination of the operation of hydro- electric and water storage facilities on rivers located in the United States and Canada. (2) Criteria The study conducted under paragraph (1) shall analyze— (A) projected changes to the Pacific North- west electricity supply; (B) potential reductions in greenhouse gas emissions; (C) any potential need to increase trans- mission capacity; and (D) any other factor the Administrator considers to be relevant for increasing bilat- eral coordination. (3) Coordination In conducting the study under paragraph (1), the Administrator shall coordinate, to the ex- tent practicable, with— (A) the 1 British Columbia or a crown cor- poration owned by British Columbia; (B) the Assistant Secretary; (C) the Commissioner of Reclamation; and (D) any public utility districts that oper- ate hydroelectric projects on the mainstem of the Columbia River. (4) Authorization of appropriations There is authorized to be appropriated $10,000,000, which shall be nonreimburseable, to carry out this subsection. (Pub. L. 117–58, div. D, title I, § 40113, Nov. 15, 2021, 135 Stat. 947.) Editorial Notes CODIFICATION Section was enacted as part of the Infrastructure In- vestment and Jobs Act, and not as part of the Federal Columbia River Transmission System Act which com- prises this chapter. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of L

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

16 U.S.C. § 839a — Definitions

As used in this chapter, the term— (1) “Acquire” and “acquisition” shall not be construed as authorizing the Administrator to construct, or have ownership of, under this chapter or any other law, any electric generating facility. (2) “Administrator” means the Administrator of the Bonneville Power Administration. (3) “Conservation” means any reduction in electric power consumption as a result of increases in the efficiency of energy use, production, or distribution. (4) (A) “Cost-effective”, when applied to any measure or resource referred to in this chapter, means that such measure or resource must be forecast— (i) to be reliable and available within the time it is needed, and (ii) to meet or reduce the electric power demand, as determined by the Council or the Administrator, as appropriate, of the consumers of the customers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative measure or resource, or any combination thereof. (B) For purposes of this paragraph, the term “system cost” means an estimate of all direct costs of a measure or resource over its effective life, including, if applicable, the cost of distribution and transmission to the consumer and, among other factors, waste disposal costs, end-of-cycle costs, and fuel costs (including projected increases), and such quantifiable environmental costs and benefits as the Administrator determines, on the basis of a methodology developed by the Council as part of the plan, or in the absence of the plan by the Administrator, are directly attributable to such measure or resource. (C) In determining the amount of power that a conservation measure or other resource may be expected to save or to produce, the Council or the Admini

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

16 U.S.C. § 839a — Definitions

Page 1520 TITLE 16—CONSERVATION § 839a Editorial Notes REFERENCES IN TEXT This chapter, referred to in provision preceding par. (1) and in par. (5), was in the original ‘‘this Act’’, mean- ing Pub. L. 96–501, Dec. 5, 1980, 94 Stat. 2697, known as the Pacific Northwest Electric Power Planning and Conservation Act, which enacted this chapter, amended sections 837, 838i, and 838k of this title, and enacted provisions set out as notes under this section. For com- plete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–501, § 11, Dec. 5, 1980, 94 Stat. 2735, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 837, 838i, and 838k of this title, and enacting provi- sions set out as notes under this section] shall be effec- tive on the date of enactment [Dec. 5, 1980], or October 1, 1980, whichever is later. For purposes of this Act, the term ‘date of the enactment of this Act’ means such date of enactment [Dec. 5, 1980] or October 1, 1980, whichever is later.’’ SHORT TITLE Pub. L. 96–501, § 1, Dec. 5, 1980, 94 Stat. 2697, provided in part that: ‘‘This Act [enacting this chapter, amend- ing sections 837, 838i, and 838k of this title, and enact- ing provisions set out as notes under this section] may be cited as the ‘Pacific Northwest Electric Power Plan- ning and Conservation Act’.’’ § 839a. Definitions As used in this chapter, the term— (1) ‘‘Acquire’’ and ‘‘acquisition’’ shall not be construed as authorizing the Administrator to construct, or have ownership of, under this chapter or any other law, any electric gener- ating facility. (2) ‘‘Administrator’’ means the Adminis- trator of the Bonneville Power Administra- tion. (3) ‘‘Cons

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