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2026-07-06 10:51:44 -04:00

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LegalText 16 U.S.C. § 838n Columbia Basin power management us united_states_code code_section 16 CONSERVATION 12G PACIFIC NORTHWEST FEDERAL TRANSMISSION SYSTEM 838n 16 U.S.C. § 838n current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s838n data/legal/raw/us/code/title-16/usc16.xml befd5533ffab10186901cff9a0d3f9e448c4ab7c5ed6d62a61a51145858ef7b5 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 4a087ac50312619f52d2ec34bae3aa73730e20c9c1704e6f2de0aca6c974827b 2026-07-04 official
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16 U.S.C. § 838n - Columbia Basin power management

Text

(a) Definitions In this section:

(1) Account The term “Account” means the account established by subsection (b)(1).

(2) Administrator The term “Administrator” means the Administrator of the Bonneville Power Administration.

(3) Canadian Entitlement The term “Canadian Entitlement” means the downstream power benefits that Canada is entitled to under Article V of the Treaty Relating to Cooperative Development of the Water Resources of the Columbia River Basin, signed at Washington January 17, 1961 (15 UST 1555; TIAS 5638).

(b) Transmission coordination and expansion (1) Establishment There is established in the Treasury an account for the purposes of making expenditures to increase bilateral transfers of renewable electric generation between the western United States and Canada.

(2) Criteria (A) In general The Administrator may make expenditures from the Account for activities to improve electric power system coordination by constructing electric power transmission facilities within the western United States that directly or indirectly facilitate non-carbon emitting electric power transactions between the western United States and Canada.

(B) Application Subparagraph (A) shall be effective after the later of—

(i) September 16, 2024; and

(ii) the date on which the Canadian entitlement value calculation is terminated or reduced to the actual electric power value to the United States, as determined by the Administrator.

(3) Consultation The Administrator shall consult with relevant electric utilities in Canada and appropriate regional transmission planning organizations in considering the construction of transmission activities under this subsection.

(4) Authorization There is authorized to be appropriated to the Account a nonreimburseable amount equal to the aggregated amount of the Canadian Entitlement during the 5-year period preceding November 15, 2021.

(c) Increased hydroelectric capacity (1) In general The Commissioner of Reclamation shall rehabilitate and enhance the John W. Keys III Pump Generating Plant—

(A) to replace obsolete equipment;

(B) to maintain reliability and improve efficiency in system performance and operation;

(C) to create more hydroelectric power capacity in the Pacific Northwest; and

(D) to ensure the availability of water for irrigation in the event that Columbia River water flows from British Columbia into the United States are insufficient after September 16, 2024.

(2) Authorization of appropriations There is authorized to be appropriated $100,000,000, which shall be nonreimburseable, to carry out this subsection.

(d) Power coordination study (1) In general The Administrator shall conduct a study considering the potential hydroelectric power value to the Pacific Northwest of increasing the coordination of the operation of hydroelectric and water storage facilities on rivers located in the United States and Canada.

(2) Criteria The study conducted under paragraph (1) shall analyze—

(A) projected changes to the Pacific Northwest electricity supply;

(B) potential reductions in greenhouse gas emissions;

(C) any potential need to increase transmission capacity; and

(D) any other factor the Administrator considers to be relevant for increasing bilateral coordination.

(3) Coordination In conducting the study under paragraph (1), the Administrator shall coordinate, to the extent practicable, with—

(A) the 11 So in original. The word “the” probably should not appear. British Columbia or a crown corporation owned by British Columbia;

(B) the Assistant Secretary;

(C) the Commissioner of Reclamation; and

(D) any public utility districts that operate hydroelectric projects on the mainstem of the Columbia River.

(4) Authorization of appropriations There is authorized to be appropriated $10,000,000, which shall be nonreimburseable, to carry out this subsection.

(Pub. L. 11758, div. D, title I, § 40113, Nov. 15, 2021, 135 Stat. 947.)

Notes

Editorial Notes

Codification Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Federal Columbia River Transmission System Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.