
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[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-5g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 19B--WATER RESOURCES PLANNING
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 1962d-5g. Hydroelectric power resources


(a) Study; plan

    The Secretary of the Army, acting through the Chief of Engineers, is 
authorized and directed to conduct a study of the most efficient methods 
of utilizing the hydroelectric power resources at water resource 
development projects under the jurisdiction of the Secretary of the Army 
and to prepare a plan based upon the findings of such study. Such study 
shall include, but not be limited to, an analysis of--
        (1) the physical potential for hydroelectric development, giving 
    consideration to the economic, social, environmental and 
    institutional factors which will affect the realization of physical 
    potential;
        (2) the magnitude and regional distribution of needs for 
    hydroelectric power;
        (3) the integration of hydroelectric power generation with 
    generation from other types of generating facilities;
        (4) measures necessary to assure that generation from 
    hydroelectric projects will efficiently contribute to meeting the 
    national electric energy demands;
        (5) the timing of hydroelectric development to properly coincide 
    with changes in the demand for electric energy;
        (6) conventional hydroelectric potential, both high head and low 
    head projects utilizing run-of-rivers and possible advances in 
    mechanical technology, and pumped storage hydroelectric potential at 
    sites which evidence such potential;
        (7) the feasibility of adding or reallocating storage and 
    modifying operation rules to increase power production at corps 
    projects with existing hydroelectric installations;
        (8) measures deemed necessary or desirable to insure that the 
    potential contribution of hydroelectric resources to the overall 
    electric energy supply are realized to the maximum extent possible; 
    and
        (9) any other pertinent factors necessary to evaluate the 
    development and operation of hydroelectric projects of the Corps of 
    Engineers.

(b) Transmittal of plan to Congressional committees

    Within three years after the date of the first appropriation of 
funds for the purpose of carrying out this section, the Secretary of the 
Army, acting through the Chief of Engineers, shall transmit the plan 
prepared pursuant to subsection (a) of this section with supporting 
studies and documentation, together with the recommendations of the 
Secretary and the Chief of Engineers on such plan, to the Committee on 
Environment and Public Works of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives.

(c) Authorization of appropriation

    There is authorized to be appropriated to carry out subsections (a) 
and (b) of this section not to exceed $7,000,000.

(d) Feasibility studies of specific hydroelectric power installations; 
        authorization of appropriations

    The Secretary of the Army, acting through the Chief of Engineers, is 
authorized with respect to previously authorized projects to undertake 
feasibility studies of specific hydroelectric power installations that 
are identified in the course of the study authorized by this section, as 
having high potential for contribution toward meeting regional power 
needs. There is authorized to be appropriated to carry out this 
subsection not to exceed $5,000,000 per fiscal year for each of the 
fiscal years 1978 and 1979.

(Pub. L. 94-587, Sec. 167, Oct. 22, 1976, 90 Stat. 2935; Pub. L. 103-
437, Sec. 15(e)(1), 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. (b). Pub. L. 103-437 substituted ``Committee on 
Environment and Public Works of the Senate'' for ``Committee on Public 
Works of the Senate''.

                         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.


             Federal Hydroelectric Power Modernization Study

    Pub. L. 100-676, Sec. 42, Nov. 17, 1988, 102 Stat. 4040, directed 
Secretary to conduct a study of need to modernize and upgrade federally 
owned and operated hydroelectric power system, and to submit a report, 
along with recommendations, to Congress not later than 2 years after 
Nov. 17, 1988.


            Water Quality Effects of Hydroelectric Facilities

    Pub. L. 100-676, Sec. 43, Nov. 17, 1988, 102 Stat. 4040, directed 
Secretary, in cooperation with Administrator of Environmental Protection 
Agency, to undertake a study of water quality effects of hydroelectric 
facilities owned and operated by Corps of Engineers, which was to be 
transmitted to Congress within 2 years of Nov. 17, 1988, and was to 
consider and include information for each such Corps of Engineers 
hydroelectric facility pertaining to: relevant water quality standards 
including dissolved oxygen; water quality monitoring data; possible 
options and projected costs of measures required to improve the quality 
of water released from each such facility where justified; and 
recommendations with respect to such study results.
