
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1962d-14a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 19B--WATER RESOURCES PLANNING
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 1962d-14a. Alaska hydroelectric power development


(a) Congressional findings and declaration

    (1) The Congress finds that the expeditious development of 
hydroelectric power generating facilities in Alaska that are 
environmentally sound to assist the Nation in meeting existing and 
future energy demands is in the national interest.
    (2) The Congress therefore declares that the expertise of the Chief 
of Engineers can and should be utilized for the benefit of local public 
bodies in the development of projects which yield 90 per centum or more 
of the benefits of the project are attributable to hydroelectric power 
generation when the project is fully operational.

(b) Establishment of fund; composition

    To meet the goals of this section, there is hereby established in 
the Treasury of the United States an Alaska Hydroelectric Power 
Development Fund (hereafter referred to as the ``fund'') to be and 
remain available for use by the Secretary of the Army (hereinafter 
referred to as the ``Secretary'') to make expenditures authorized by 
this section. The fund shall consist of (1) all receipts and collections 
by the Secretary of repayments in accordance with subsection (e) of this 
section and payments by non-Federal public authorities to the Secretary 
to finance the cost of construction of projects in accordance with 
subsection (f) of this section, and which the Secretary is hereby 
directed to deposit in the fund as they are received, and (2) any 
appropriations made by the Congress to the fund.

(c) Authorization of appropriation

    There is authorized to be appropriated to the Secretary for deposit 
in the fund established by subsection (b) of this section the sum of 
$25,000,000.

(d) Investments; deposits

    (1) If the Secretary determines that moneys in the fund are in 
excess of current needs, he may request the investment of such amounts 
as he deems advisable by the Secretary of the Treasury in direct, 
general obligations of, or obligations guaranteed as to both principal 
and interest by, the United States.
    (2) With the approval of the Secretary of the Treasury, the 
Secretary may deposit moneys of the fund in any Federal Reserve bank or 
other depository for funds of the United States, or in such other banks 
and financial institutions and under such terms and conditions as the 
Secretary and the Secretary of the Treasury may mutually agree.

(e) Expenditures for phase I design memorandum stage of advanced 
        engineering and design; withholding of favorable report to 
        Congress prior to repayment; expenditures from non-Federal funds

    The Secretary is authorized to make expenditures from the fund for 
the phase I design memorandum stage of advanced engineering and design 
for any project in Alaska that meets the requirements of subsection 
(a)(2) of this section, if appropriate non-Federal public authorities, 
approved by the Secretary, agree with the Secretary, in writing, to 
repay the Secretary for all the separable and joint costs of preparing 
such design memorandum, if such report is favorable. Following the 
completion of the phase I design memorandum stage of advanced 
engineering and design under this subsection, the Secretary shall not 
transmit any favorable report to Congress prior to being repaid in full 
by the appropriate non-Federal public authorities for the costs incurred 
during such phase I. The Secretary is also authorized to make 
expenditures from non-Federal funds deposited in the fund as an advance 
against construction costs.

(f) Authorization to construct projects; expenditures

    In connection with water resources development projects which meet 
the criteria established by subsection (a)(2) of this section and which 
are to be constructed by the Secretary, acting through the Chief of 
Engineers, in accordance with an authorization by Congress and a 
contract between the non-Federal public authorities and the Secretary, 
pursuant to subsection (g)(1) of this section occurring on or subsequent 
to October 22, 1976, the Secretary, acting through the Chief of 
Engineers, is authorized to construct such projects including activities 
for engineering and design land acquisition, site development, and off-
site improvements necessary for the authorized construction by making 
expenditures from (1) the Fund established in subsection (b) of this 
section of funds deposited by non-Federal public authorities as payments 
for construction and (2) payments of non-Federal public authorities held 
by the Secretary as payment of construction costs for a project 
authorized by this section.

(g) Agreement with non-Federal public authorities and submittal to 
        Congressional committees, payment of total non-Federal 
        obligations; conditions of United States assumption of excess 
        over costs fixed in agreement, payment subject to appropriations 
        acts

    (1) Prior to initiating any construction work under the authorities 
of this section, the Secretary and the appropriate non-Federal public 
authorities shall agree in writing, and submit such agreement to the 
Committees on Environment and Public Works and on Appropriations of the 
Senate and the Committees on Public Works and Transportation and on 
Appropriations of the House of Representatives for review and reporting 
to the Congress for its consideration and approval that the appropriate 
non-Federal public authorities will pay the full anticipated costs of 
constructing the project at the time such costs are incurred, together 
with normal contingencies and related administrative expenses of the 
Secretary, and such payments shall be deposited in the fund or held by 
the Secretary for payment of obligations incurred by the Secretary on an 
authorized project under this section. The agreement shall provide for 
an initial determination of feasibility and compliance by the project 
with law. The total non-Federal obligation shall be paid on or prior to 
the date the Chief of Engineers has estimated by agreement, that the 
project concerned will be available for actual generation of all or a 
substantial portion of the authorized hydroelectric power of the 
project.
    (2) In consideration of the obligations to be assumed by non-Federal 
public authorities under the provisions of this section and in 
recognition of the substantial investments which will be made by these 
authorities in reliance on the program established by this section, the 
United States shall assume the responsibility for paying for all costs 
over those fixed in the agreement with the non-Federal public 
authorities, if such costs are occasioned by acts of God, failure on the 
part of the Secretary, acting through the Chief of Engineers, to adhere 
to the agreed schedule of work or a failure of design: Provided, That 
payments by the Secretary of such costs shall be subject to 
appropriations acts.

(h) Conveyance of title, rights, and interests of United States; Federal 
        requirements, reservations, and provisions

    The Secretary is authorized and directed, pursuant to the agreement, 
to convey all title, rights, and interests of the United States to any 
project, its lands and water areas, and appurtenant facilities to the 
non-Federal public authorities which have agreed to assume ownership of 
the project and responsibility for its performance, operation, and 
maintenance, as well as necessary replacements in accordance with this 
section upon full payment by such non-Federal public authorities as 
required under subsection (g)(1) of this section. Such conveyance shall, 
pursuant to the agreement required by subsection (g) of this section, to 
the maximum extent possible, occur immediately upon the project's 
availability for generation of all or a substantial portion of the 
authorized hydroelectric power of the project, and shall include such 
Federal requirements, reservations, and provisions for access rights to 
the project and its records as the Secretary finds advisable to complete 
any portion of project construction remaining at the time of conveyance 
and to assure that the project will be operated and maintained in a 
responsible and safe manner to accomplish, as nearly as may be possible, 
all of the authorized purposes of the project including, but not 
restricted to, hydroelectric power generation.

(i) Short title

    This section shall be cited as the ``Alaska Hydroelectric Power 
Development Act''.

(Pub. L. 94-587, Sec. 203, Oct. 22, 1976, 90 Stat. 2946; Pub. L. 103-
437, Sec. 15(e)(2), Nov. 2, 1994, 108 Stat. 4592.)

                          Codification

    Section was enacted as part of the Water Resources Development Act 
of 1976, and not as part of the Water Resources Planning Act which 
comprises this chapter.


                               Amendments

    1994--Subsec. (g)(1). Pub. L. 103-437 substituted ``Committees on 
Environment and Public Works and on Appropriations of the Senate and the 
Committees on Public Works and Transportation and on Appropriations of 
the House'' for ``Committees on Public Works and Appropriations of the 
Senate and House''.

                         Change of Name

    Committee on Public Works and Transportation of House of 
Representatives treated as referring to Committee on Transportation and 
Infrastructure of House of Representatives by section 1(a) of Pub. L. 
104-14, set out as a note preceding section 21 of Title 2, The Congress.
