---
kind: "section"
citation: "42 U.S.C. § 1962d–14a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1962d–14a"
heading: "Alaska hydroelectric power development"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1962d-14a"
units:
  - "Chapter 19B — Water Resources Planning"
  - "Subchapter IV — Miscellaneous Provisions"
---

# §1962d–14a. Alaska hydroelectric power development

- (a) **Congressional findings and declaration—**
  - (1) The Congress finds that the expeditious development of hydroelectric power generating facilities in Alaska that are environmentally sound to assist the Nation in meeting existing and future energy demands is in the national interest.
  - (2) The Congress therefore declares that the expertise of the Chief of Engineers can and should be utilized for the benefit of local public bodies in the development of [projects](/usc/42/13641.md?p=2) which yield 90 per centum or more of the benefits of the [project](/usc/42/13641.md?p=2) are attributable to hydroelectric power generation when the [project](/usc/42/13641.md?p=2) is fully operational.
- (b) **Establishment of fund; composition—** To meet the goals of this section, there is hereby established in the Treasury of the United States an Alaska Hydroelectric Power Development Fund (hereafter referred to as the “fund”) to be and remain available for use by the [Secretary](/usc/42/242q–4.md?p=2) of the Army (hereinafter referred to as the “[Secretary](/usc/42/242q–4.md?p=2)”) to make expenditures authorized by this section. The fund shall consist of (1) all receipts and collections by the [Secretary](/usc/42/242q–4.md?p=2) of repayments in accordance with [subsection (e)](#e) of this section and payments by non-Federal public authorities to the [Secretary](/usc/42/242q–4.md?p=2) to finance the cost of [construction](/usc/42/300s–3.md?p=7) of [projects](/usc/42/13641.md?p=2) in accordance with [subsection (f)](#f) of this section, and which the [Secretary](/usc/42/242q–4.md?p=2) is hereby directed to deposit in the fund as they are received, and (2) any appropriations made by the Congress to the fund.
- (c) **Authorization of appropriation—** There is authorized to be appropriated to the [Secretary](/usc/42/242q–4.md?p=2) for deposit in the fund established by [subsection (b)](#b) of this section the sum of $25,000,000.
- (d) **Investments; deposits—**
  - (1) If the [Secretary](/usc/42/242q–4.md?p=2) determines that moneys in the fund are in excess of current needs, he may request the investment of such amounts as he deems advisable by the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury in direct, general obligations of, or obligations guaranteed as to both principal and interest by, the United States.
  - (2) With the approval of the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury, the [Secretary](/usc/42/242q–4.md?p=2) may deposit moneys of the fund in any Federal Reserve bank or other depository for funds of the United States, or in such other banks and financial institutions and under such terms and conditions as the [Secretary](/usc/42/242q–4.md?p=2) and the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury may mutually agree.
- (e) **Expenditures for phase I design memorandum stage of advanced engineering and design; withholding of favorable report to Congress prior to repayment; expenditures from non-Federal funds—** The [Secretary](/usc/42/242q–4.md?p=2) is authorized to make expenditures from the fund for the phase I design memorandum stage of advanced engineering and design for any [project](/usc/42/13641.md?p=2) in Alaska that meets the requirements of [subsection (a)(2)](#a-2) of this section, if appropriate non-Federal public authorities, approved by the [Secretary](/usc/42/242q–4.md?p=2), agree with the [Secretary](/usc/42/242q–4.md?p=2), in writing, to repay the [Secretary](/usc/42/242q–4.md?p=2) for all the separable and joint costs of preparing such design memorandum, if such report is favorable. Following the completion of the phase I design memorandum stage of advanced engineering and design under this subsection, the [Secretary](/usc/42/242q–4.md?p=2) shall not transmit any favorable report to Congress prior to being repaid in full by the appropriate non-Federal public authorities for the costs incurred during such phase I. The [Secretary](/usc/42/242q–4.md?p=2) is also authorized to make expenditures from non-Federal funds deposited in the fund as an advance against [construction](/usc/42/300s–3.md?p=7) costs.
- (f) **Authorization to construct projects; expenditures—** In connection with water resources development [projects](/usc/42/13641.md?p=2) which meet the criteria established by [subsection (a)(2)](#a-2) of this section and which are to be constructed by the [Secretary](/usc/42/242q–4.md?p=2), acting through the Chief of Engineers, in accordance with an authorization by Congress and a contract between the non-Federal public authorities and the [Secretary](/usc/42/242q–4.md?p=2), pursuant to [subsection (g)(1)](#g-1) of this section occurring on or subsequent to October 22, 1976, the [Secretary](/usc/42/242q–4.md?p=2), acting through the Chief of Engineers, is authorized to construct such [projects](/usc/42/13641.md?p=2) including activities for engineering and design land acquisition, site development, and off-site improvements necessary for the authorized [construction](/usc/42/300s–3.md?p=7) by making expenditures from (1) the Fund established in [subsection (b)](#b) of this section of funds deposited by non-Federal public authorities as payments for [construction](/usc/42/300s–3.md?p=7) and (2) payments of non-Federal public authorities held by the [Secretary](/usc/42/242q–4.md?p=2) as payment of [construction](/usc/42/300s–3.md?p=7) costs for a [project](/usc/42/13641.md?p=2) authorized by this section.
- (g) **Agreement with non-Federal public authorities and submittal to Congressional committees, payment of total non-Federal obligations; conditions of United States assumption of excess over costs fixed in agreement, payment subject to appropriations acts—**
  - (1) Prior to initiating any [construction](/usc/42/300s–3.md?p=7) work under the authorities of this section, the [Secretary](/usc/42/242q–4.md?p=2) and the appropriate non-Federal public authorities shall agree in writing, and submit such agreement to the Committees on Environment and Public Works and on Appropriations of the Senate and the Committees on Public Works and Transportation and on Appropriations of the House of Representatives for review and reporting to the Congress for its consideration and approval that the appropriate non-Federal public authorities will pay the full anticipated costs of constructing the [project](/usc/42/13641.md?p=2) at the time such costs are incurred, together with normal contingencies and related administrative expenses of the [Secretary](/usc/42/242q–4.md?p=2), and such payments shall be deposited in the fund or held by the [Secretary](/usc/42/242q–4.md?p=2) for payment of obligations incurred by the [Secretary](/usc/42/242q–4.md?p=2) on an authorized [project](/usc/42/13641.md?p=2) under this section. The agreement shall provide for an initial determination of feasibility and compliance by the [project](/usc/42/13641.md?p=2) with law. The total non-Federal obligation shall be paid on or prior to the date the Chief of Engineers has estimated by agreement, that the [project](/usc/42/13641.md?p=2) concerned will be available for actual generation of all or a substantial portion of the authorized hydroelectric power of the [project](/usc/42/13641.md?p=2).
  - (2) In consideration of the obligations to be assumed by non-Federal public authorities under the provisions of this section and in recognition of the substantial investments which will be made by these authorities in reliance on the program established by this section, the United States shall assume the responsibility for paying for all costs over those fixed in the agreement with the non-Federal public authorities, if such costs are occasioned by acts of God, failure on the part of the [Secretary](/usc/42/242q–4.md?p=2), acting through the Chief of Engineers, to adhere to the agreed schedule of work or a failure of design: Provided, That payments by the [Secretary](/usc/42/242q–4.md?p=2) of such costs shall be subject to appropriations acts.
- (h) **Conveyance of title, rights, and interests of United States; Federal requirements, reservations, and provisions—** The [Secretary](/usc/42/242q–4.md?p=2) is authorized and directed, pursuant to the agreement, to convey all title, rights, and interests of the United States to any [project](/usc/42/13641.md?p=2), its lands and water areas, and appurtenant facilities to the non-Federal public authorities which have agreed to assume ownership of the [project](/usc/42/13641.md?p=2) and responsibility for its performance, operation, and maintenance, as well as necessary replacements in accordance with this section upon full payment by such non-Federal public authorities as required under [subsection (g)(1)](#g-1) of this section. Such conveyance shall, pursuant to the agreement required by [subsection (g)](#g) of this section, to the maximum extent possible, occur immediately upon the [project](/usc/42/13641.md?p=2)’s availability for generation of all or a substantial portion of the authorized hydroelectric power of the [project](/usc/42/13641.md?p=2), and shall include such Federal requirements, reservations, and provisions for access rights to the [project](/usc/42/13641.md?p=2) and its records as the [Secretary](/usc/42/242q–4.md?p=2) finds advisable to complete any portion of [project](/usc/42/13641.md?p=2) [construction](/usc/42/300s–3.md?p=7) remaining at the time of conveyance and to assure that the [project](/usc/42/13641.md?p=2) will be operated and maintained in a responsible and safe manner to accomplish, as nearly as may be possible, all of the authorized purposes of the [project](/usc/42/13641.md?p=2) including, but not restricted to, hydroelectric power generation.
- (i) **Short title—** This section shall be cited as the “Alaska Hydroelectric Power Development Act”.

## Source credit

(Pub. L. 94–587, § 203, Oct. 22, 1976, 90 Stat. 2946; Pub. L. 103–437, § 15(e)(2), Nov. 2, 1994, 108 Stat. 4592.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Water Resources Development Act of 1976, and not as part of the Water Resources Planning Act which comprises this chapter.

### Amendments

1994—Subsec. (g)(1). Pub. L. 103–437 substituted “Committees on Environment and Public Works and on Appropriations of the Senate and the Committees on Public Works and Transportation and on Appropriations of the House” for “Committees on Public Works and Appropriations of the Senate and House”.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.