---
kind: "section"
citation: "42 U.S.C. § 10365"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10365"
heading: "Hydroelectric power assessment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10365"
units:
  - "Chapter 109B — Secure Water"
---

# §10365. Hydroelectric power assessment

- (a) **Duty of Secretary of Energy—** The [Secretary](/usc/42/10362.md?p=18-A) of Energy, in consultation with the [Administrator](/usc/42/10362.md?p=1) of each [Federal Power Marketing Administration](/usc/42/10362.md?p=8), shall assess each effect of, and risk resulting from, global climate change with respect to water supplies that are required for the generation of hydroelectric power at each Federal water [project](/usc/42/13641.md?p=2) that is applicable to a [Federal Power Marketing Administration](/usc/42/10362.md?p=8).
- (b) **Access to appropriate data—**
  - (1) **In general—** In carrying out each assessment under [subsection (a)](#a), the [Secretary](/usc/42/10362.md?p=18-A) of Energy shall consult with the United States Geological Survey, the National Oceanic and Atmospheric Administration, the [program](/usc/42/10362.md?p=17), and each appropriate [State](/usc/42/2021b.md?p=14) water resource [agency](/usc/42/8262.md?p=1), to ensure that the [Secretary](/usc/42/10362.md?p=18-A) of Energy has access to the best available scientific information with respect to presently observed impacts and projected future impacts of global climate change on water supplies that are used to produce hydroelectric power.
  - (2) **Access to data for certain assessments—** In carrying out each assessment under [subsection (a)](#a), with respect to the Bonneville Power Administration and the Western Area Power Administration, the [Secretary](/usc/42/10362.md?p=18-A) of Energy shall consult with the [Commissioner](/usc/42/10362.md?p=5) to access data and other information that—
    - (A) is collected by the [Commissioner](/usc/42/10362.md?p=5); and
    - (B) the [Secretary](/usc/42/10362.md?p=18-A) of Energy determines to be necessary for the conduct of the assessment.
- (c) **Report—** Not later than 2 years after March 30, 2009, and every 5 years thereafter, the [Secretary](/usc/42/10362.md?p=18-A) of Energy shall submit to the appropriate committees of Congress a report that describes—
  - (1) each effect of, and risk resulting from, global climate change with respect to—
    - (A) water supplies used for hydroelectric power generation; and
    - (B) power supplies marketed by each [Federal Power Marketing Administration](/usc/42/10362.md?p=8), pursuant to—
      - (i) long-term power contracts;
      - (ii) contingent capacity contracts; and
      - (iii) short-term sales; and
  - (2) each recommendation of the [Administrator](/usc/42/10362.md?p=1) of each [Federal Power Marketing Administration](/usc/42/10362.md?p=8) relating to any change in any operation or contracting practice of each [Federal Power Marketing Administration](/usc/42/10362.md?p=8) to address each effect and risk described in [paragraph (1)](#c-1), including the use of purchased power to meet long-term commitments of each [Federal Power Marketing Administration](/usc/42/10362.md?p=8).
- (d) **Authority—** The [Secretary](/usc/42/10362.md?p=18-A) of Energy may enter into contracts, grants, or other agreements with appropriate entities to carry out this section.
- (e) **Costs—**
  - (1) **Nonreimbursable—** Any costs incurred by the [Secretary](/usc/42/10362.md?p=18-A) of Energy in carrying out this section shall be nonreimbursable.
  - (2) **PMA costs—** Each [Federal Power Marketing Administration](/usc/42/10362.md?p=8) shall incur costs in carrying out this section only to the extent that appropriated funds are provided by the [Secretary](/usc/42/10362.md?p=18-A) of Energy for that purpose.
- (f) **Authorization of appropriations—** There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2009 through 2023, to remain available until expended.

## Source credit

(Pub. L. 111–11, title IX, § 9505, Mar. 30, 2009, 123 Stat. 1336.)