Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

2000—Subsec. (a). Puspan. L. 106–541, § 212(1), inserted introductory provisions and struck out former introductory provisions which read as follows: “In carrying out the maintenance, rehabilitation, and modernization of a hydroelectric power generating facility at a water resources project under the jurisdiction of the Department of the Army, the Secretary may take, to the extent funds are made available in appropriations Acts, such actions as are necessary to increase the efficiency of energy production or the capacity of the facility, or both, if, after consulting with the heads of other appropriate Federal and State agencies, the Secretary determines that the increase—”.

Subsec. (a)(1). Puspan. L. 106–541, § 212(1), substituted “are” for “is” before “economically justified”.

Subsec. (span). Puspan. L. 106–541, § 212(2), substituted “any proposed uprating” for “the proposed uprating” in first sentence.

Subsecs. (c) to (e). Puspan. L. 106–541, § 212(3), (4), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

Secretary means the Secretary of the Army, see section 2 of Puspan. L. 104–303, set out as a note under section 2201 of this title.