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U.S. Code as of:
01/19/04
Section 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".
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