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 Labor, see section 18851 of Title 42, The Public Health and Welfare. CHAPTER 12H—PACIFIC NORTHWEST ELEC- TRIC POWER PLANNING AND CONSERVA- TION Sec. 839. Congressional declaration of purpose. 839a. Definitions. 839b. Regional planning and participation. 839c. Sale of power. 839d. Conservation and resource acquisition. 839d–1. Federal projects in Pacific Northwest. 839e. Rates. 839f. Administrative provisions. 839g. Savings provisions. 839h. Separability. § 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 man- ner. Such purposes are also intended to be con- strued in a manner consistent with applicable environmental laws. Such purposes are: (1) to encourage, through the unique oppor- tunity provided by the Federal Columbia River Power System— (A) conservation and efficiency in the use of electric power, and (B) the development of renewable re- sources within the Pacific Northwest; (2) to assure the Pacific Northwest of an ade- quate, efficient, economical, and reliable power supply; (3) to provide for the participation and con- sultation 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, re- newable resources, other resources, and pro- tecting, 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 Bon- neville Power Administration and their con- sumers 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 Co- lumbia River Power System; (5) to insure, subject to the provisions of this chapter— (A) that the authorities and responsibil- ities of State and local governments, elec- tric utility systems, water management agencies, and other non-Federal entities for the regulation, planning, conservation, sup- ply, distribution, and use of electric power shall be construed to be maintained, and (B) that Congress intends that this chapter not be construed to limit or restrict the ability of customers to take actions in ac- cordance with other applicable provisions of Federal or State law, including, but not lim- ited to, actions to plan, develop, and operate resources and to achieve conservation, with- out regard to this chapter; and (6) to protect, mitigate and enhance the fish and wildlife, including related spawning grounds and habitat, of the Columbia River and its tributaries, particularly anadromous fish which are of significant importance to the social and economic well-being of the Pacific Northwest and the Nation and which are de- pendent on suitable environmental conditions substantially obtainable from the manage- ment and operation of the Federal Columbia River Power System and other power gener- ating facilities on the Columbia River and its tributaries. (Pub. L. 96–501, § 2, Dec. 5, 1980, 94 Stat. 2697.) 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) ‘‘Conservation’’ means any reduction in electric power consumption as a result of in- creases in the efficiency of energy use, produc- tion, or distribution. (4)(A) ‘‘Cost-effective’’, when applied to any measure or resource referred to in this chap- ter, 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 con- sumers of the customers at an estimated in- cremental system cost no greater than that of the least-cost similarly reliable and avail- able 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 effec- tive 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 en- vironmental costs and benefits as the Admin- istrator determines, on the basis of a method- ology developed by the Council as part of the plan, or in the absence of the plan by the Ad- ministrator, 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 Administrator, as the case may be, shall take into account projected realization factors and plant factors, including appro- priate historical experience with similar measures or resources. (D) For purposes of this paragraph, the ‘‘es- timated incremental system cost’’ of any con- servation measure or resource shall not be treated as greater than that of any noncon- servation measure or resource unless the in- cremental system cost of such conservation measure or resource is in excess of 110 per cen- tum of the incremental system cost of the nonconservation measure or resource. (5) ‘‘Consumer’’ means any end user of elec- tric power. (6) ‘‘Council’’ means, unless otherwise spe- cifically provided, the members appointed to the Pacific Northwest Electric Power and Con- servation Planning Council established pursu- ant to section 839b of this title. (7) ‘‘Customer’’ means anyone who contracts for the purchase of power from the Adminis- trator pursuant to this chapter. (8) ‘‘Direct service industrial customer’’ means an industrial customer that contracts for the purchase of power from the Adminis- trator for direct consumption. (9) ‘‘Electric power’’ means electric peaking capacity, or electric energy, or both. (10) ‘‘Federal base system resources’’ means— (A) the Federal Columbia River Power System hydroelectric projects; (B) resources acquired by the Adminis- trator under long-term contracts in force on December 5, 1980; and (C) resources acquired by the Adminis- trator in an amount necessary to replace re- ductions in capability of the resources re- ferred to in subparagraphs (A) and (B) of this paragraph. (11) ‘‘Indian tribe’’ means any Indian tribe or band which is located in whole or in part in the region and which has a governing body which is recognized by the Secretary of the In- terior. (12) ‘‘Major resource’’ means any resource that— (A) has a planned capability greater than fifty average megawatts, and (B) if acquired by the Administrator, is ac- quired for a period of more than five years. Such term does not include any resource ac- quired pursuant to section 838i(b)(6) of this title. (13) ‘‘New large single load’’ means any load associated with a new facility, an existing fa- cility, or an expansion of an existing facility— (A) which is not contracted for, or com- mitted to, as determined by the Adminis- trator, by a public body, cooperative, inves- tor-owned utility, or Federal agency cus- tomer prior to September 1, 1979, and