Emergency Power Production and Consumer Protection Act of 2001

Emergency Power Production and Consumer Protection Act of 2001 - Authorizes the Secretary of the Interior or the Secretary of the Army to waive the application of any Federal restriction on the operation of certain Bureau of Reclamation or Corps of Engineers facilities as necessary to address an emergency electric power shortage.

Permits the issuance of a waiver only if a State's Governor declares such an emergency and requests the waiver.

Exempts such a waiver from judicial review.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1664 Introduced in House (IH)]







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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Power Production and 
Consumer Protection Act of 2001''.

SEC. 2. AUTHORITY TO WAIVE RESTRICTIONS ON OPERATION 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 
pursuant 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 Required.--The relevant 
Secretary may issue a waiver under this section only if the Governor of 
the State declares 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 balance competing 
interests in water and electric power supplied 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 section 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 located 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.
                                 <all>