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2.2.5 U.S. Army Corps of Engineers

The Army Corps of Engineers1 (Corps) has built and operates 75 dams and other facilities that, in addition to their primary purposes of flood control and navigation, 2 generate 25% of the nation's hydroelectricity incident to flood control and navigation. 3 These dams are not regulated by FERC, whose jurisdiction is limited to non-federal facilities. However, a license may require that a project coordinate operations with any Corps' dam located in the same watershed. Finally, the Corps may establish protocols for the flood control operations of any licensed project 4 and may require any measure necessary for commercial navigation.5

 

  1. See the Corps website, at http://www.usace.army.mil/.

  2. The Army Corps of Engineers was established by the Act of March 16, 1802, “An Act fixing the military peace establishment of the United States.” See 2 Stat. 132 (1845).

  3. See www.usace.army.mil/public.html#Hydroelectric.

  4. SeeFlood Control Act of 1936,ch. 688, Sec. 1, 49 Stat. 1570 (June 22, 1936).

  5. See 33 U.S.C. § 1.


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