I

107TH CONGRESS

1ST SESSION H. R. 1664

To authorize the Secretary of the Interior or the Secretary of the Army

to waive any restriction on operation of any of certain Bureau of Reclamation facilities or Corps of Engineers facilities, respectively, as necessary to address an emergency electric power shortage declared by

the Governor of a State to which power from that facility can be transmitted.

IN THE HOUSE OF REPRESENTATIVES

MAY 1, 2001

Mr. OSE introduced the following bill; which was referred to the Committee

on Resources, and in addition to the Committee on Transportation and

Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To authorize the Secretary of the Interior or the Secretary

of the Army to waive any restriction on operation of

any of certain Bureau of Reclamation facilities or Corps

of Engineers facilities, respectively, as necessary to address an emergency electric power shortage declared by

the Governor of a State to which power from that facility

can be transmitted.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Emergency Power Pro3 duction and Consumer Protection Act of 2001’’.

4 SEC. 2. AUTHORITY TO WAIVE RESTRICTIONS ON OPER5 ATION OF CERTAIN FEDERAL HYDROPOWER

6 FACILITIES.

7 (a) IN GENERAL.—The Secretary of the Interior or

8 the Secretary of the Army may in accordance with this

9 section waive the application of any restriction under any

10 Federal law, rule, order, or plan (including any court order

11 issued before the date of the enactment of this Act pursu12 ant to any Federal law) on the operation of any covered

13 facility administered by that Secretary, as determined by

14 the Secretary to be necessary to address an emergency

15 electric power shortage in a State to which power from

16 that facility can be transmitted.

17 (b) DECLARATION AND REQUEST BY GOVERNOR RE18 QUIRED.—The relevant Secretary may issue a waiver

19 under this section only if the Governor of the State de20 clares that there exists in the State an emergency electric

21 power shortage and submits a request for the waiver to

22 the Secretary.

23 (c) BALANCING OF INTERESTS.—In issuing a waiver

24 under this section, the relevant Secretary shall seek to bal25 ance competing interests in water and electric power sup26 plied by the covered facility to which the waiver applies.
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1 (d) EFFECTIVE PERIOD.—The relevant Secretary

2 shall specify the effective period of each waiver under this

3 section, which shall end not later than December 31,

4 2001.

5 (e) PROCEDURE.—The procedures specified in this

6 section are the exclusive procedures that apply to the

7 issuance of a waiver under this section.

8 (f) NO JUDICIAL REVIEW.—A waiver under this sec9 tion is not subject to judicial review.

10 (g) COVERED FACILITY DEFINED.—In this section

11 the term ‘‘covered facility’’ means any dam, powerplant,

12 or other facility—

13 (1) of the Bureau of Reclamation that is lo14 cated in the Pacific Northwest Region, Mid Pacific

15 Region, or Lower Colorado Region of the Bureau; or

16 (2) of the Corps of Engineers that is located in

17 the Northwestern Division or South Pacific Division

18 of the Corps.

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