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 Rec-
lamation facilities or Corps of Engineers facilities, respectively, as nec-
essary to address an emergency electric power shortage declared by
the Governor of a State to which power from that facility can be trans-
mitted.
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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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 ad-
dress an emergency electric power shortage declared by
the Governor of a State to which power from that facility
can be transmitted.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Emergency Power Pro-
duction and Consumer Protection Act of 2001’’.
SEC. 2. AUTHORITY TO WAIVE RESTRICTIONS ON OPER-
ATION OF CERTAIN FEDERAL HYDROPOWER
FACILITIES.
(a) IN GENERAL.—The Secretary of the Interior or
the Secretary of the Army may in accordance with this
section waive the application of any restriction under any
Federal law, rule, order, or plan (including any court order
issued before the date of the enactment of this Act pursu-
ant to any Federal law) on the operation of any covered
facility administered by that Secretary, as determined by
the Secretary to be necessary to address an emergency
electric power shortage in a State to which power from
that facility can be transmitted.
(b) DECLARATION AND REQUEST BY GOVERNOR RE-
QUIRED.—The relevant Secretary may issue a waiver
under this section only if the Governor of the State de-
clares that there exists in the State an emergency electric
power shortage and submits a request for the waiver to
the Secretary.
(c) BALANCING OF INTERESTS.—In issuing a waiver
under this section, the relevant Secretary shall seek to bal-
ance competing interests in water and electric power sup-
plied by the covered facility to which the waiver applies.
(d) EFFECTIVE PERIOD.—The relevant Secretary
shall specify the effective period of each waiver under this
section, which shall end not later than December 31,
2001.
(e) PROCEDURE.—The procedures specified in this
section are the exclusive procedures that apply to the
issuance of a waiver under this section.
(f) NO JUDICIAL REVIEW.—A waiver under this sec-
tion is not subject to judicial review.
(g) COVERED FACILITY DEFINED.—In this section
the term ‘‘covered facility’’ means any dam, powerplant,
or other facility—
(1) of the Bureau of Reclamation that is lo-
cated in the Pacific Northwest Region, Mid Pacific
Region, or Lower Colorado Region of the Bureau; or
(2) of the Corps of Engineers that is located in
the Northwestern Division or South Pacific Division
of the Corps.
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