110 STAT. 3694 PUBLIC LAW 104-303—OCT. 12, 1996 "(f) LIMITATION ON USE OF AMOUNTS.— Amounts made available under this Act may not be used to construct or repair any Federal or non-Federal dam.". (d) CONFORMING AMENDMENT.— Section 3(2) of the Indian Dams Safety Act of 1994 (25 U.S.C. 3802(2); 108 Stat. 1560) is amended by striking "the first section of Public Law 92-367 (33 U.S.C. 467)" and inserting "section 2 of the National Dam Safety Program Act". 33 USC 232 la. SEC. 216. HYDROELECTMC POWER PROJECT UPRATING. (a) IN GENERAL.— In carrying out the maintenance, rehabilitation, and modernization of a hydroelectric power generating facility at a water ^'^sources 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— (1) is economically justified and financially feasible; (2) will not result in any significant adverse effect on the other purposes for which the project is authorized; (3) will not result in significant adverse environmental impacts; (4) will not involve major structural or operational changes in the project; and (5) will not adversely affect the use, management, or protection of existing Federal, State, or tribal water rights. (b) CONSULTATION.— Before proceeding with the proposed uprating under subsection (a), the Secretary shall provide affected State, tribal, and Federal agencies with a copy of the proposed determinations under subsection (a). If the agencies submit comments, the Secretary shall accept those comments or respond in writing to any objections those agencies raise to the proposed determinations. (c) EFFECT ON OTHER AUTHORITY.— Th is section shall not affect the authority of the Secretary and the Administrator of the Bonneville Power Administration under section 2406 of the Energy Policy Act of 1992 (16 U.S.C. 839d-l; 106 Stat. 3099). 33 USC 2326a. SEC. 217. DREDGED MATERIAL DISPOSAL FACILITY PARTNERSHIPS. (a) ADDITIONAL CAPACITY. — (1) PROVIDED BY SECRETARY. — At the request of a non- Federal interest with respect to a project, the Secretary may provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the capacity that would be required for project purposes if the non-Federal interest agrees to pay, during the period of construction, all costs associated with the construction of the additional capacity. (2) COST RECOVERY AUTHORITY.—The non-Federal interest may recover the costs assigned to the additional capacity through fees assessed on third parties whose dredged material is deposited at the facility and who enter into agreements with the non-Federal interest for the use of the facility. The amount of such fees may be determined by the non-Federal interest. (b) NON-FEDERAL USE OF DISPOSAL FACILITIES.— (1) IN GENERAL.— The Secretary—
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