Bluestone, West Virginia.

Sec. 122. Bluestone, West Virginia. Section 547 of the Water Resources Development Act of 2000 (114 Stat. 2676) is amended—(1) in subsection (b)(1)(A) by striking “4 years” and inserting “5 years”;(2) in subsection (b)(1)(B)(iii) by striking “if all” and all that follows through “facility” and inserting “assurance project”;(3) in subsection (b)(1)(C) by striking “and construction” and inserting “, construction, and operation and maintenance”;(4) by adding at the end of subsection (b) the following:“(3) Operation and ownership.—The Tri-Cities Power Authority shall be the owner and operator of the hydropower facilities referred to in subsection (a).”;(5) in subsection (c)(1)—(A) by striking “No” and inserting “Unless otherwise provided, no”;(B) by inserting “planning,” before “design”; and(C) by striking “prior to” and all that follows through “subsection (d)”;(6) in subsection (c)(2) by striking “design” and inserting “planning, design,”;(7) in subsection (d)—(A) by striking paragraphs (1) and (2) and inserting the following:“(1) Approval.—The Secretary shall review the design and construction activities for all features of the hydroelectric project that pertain to and affect stability of the dam and control the release of water from Bluestone Dam to ensure that the quality of construction of those features meets all standards established for similar facilities constructed by the Secretary.”;(B) by redesignating paragraph (3) as paragraph (2);119 STAT. 2257(C) by striking the period at the end of paragraph (2) (as so redesignated) and inserting “, except that hydroelectric power is no longer a project purpose of the facility so long as Tri-Cities Power Authority continues to exercise its responsibilities as the builder, owner, and operator of the hydropower facilities at Bluestone Dam. Water flow releases and flood control from the hydropower facilities shall be determined and directed by the Corps of Engineers.”; and(D) by adding at the end the following:“(3) Coordination.—Construction of the hydroelectric generating facilities shall be coordinated with the dam safety assurance project currently in the design and construction phases.”;(8) in subsection (e) by striking “in accordance” and all that follows through “58 Stat. 890)”;(9) in subsection (f)—(A) by striking “facility of the interconnected systems of reservoirs operated by the Secretary” each place it appears and inserting “facilities under construction under such agreements”; and(B) by striking “design” and inserting “planning, design”; (10) in subsection (f)(2)—(A) by “Secretary” each place it appears and inserting “Tri-Cities Power Authority”; and (B) by striking “facilities referred to in subsection (a)” and inserting “such facilities”;(11) by striking paragraph (1) of subsection (g) and inserting the following:“(1) to arrange for the transmission of power to the market or to construct such transmission facilities as necessary to market the power produced at the facilities referred to in subsection (a) with funds contributed by the Tri-Cities Power Authority; and”;(12) in subsection (g)(2) by striking “such facilities” and all that follows through “the Secretary” and inserting “the generating facility”; and(13) by adding at the end the following:“(i) Tri-Cities Power Authority Defined.—In this section, the ‘Tri-Cities Power Authority’ refers to the entity established by the City of Hinton, West Virginia, the City of White Sulphur Springs, West Virginia, and the City of Philippi, West Virginia, pursuant to a document entitled ‘Second Amended and Restated Intergovernmental Agreement’ approved by the Attorney General of West Virginia on February 14, 2002.”.