Prohibition on breaching of federally operated dams
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(a) In general Notwithstanding any other provision of law, the Secretary of the Army may not breach a federally operated dam— (1) if the Secretary determines that such breach— (A) would result in an increase in carbon emissions by more than 5 percent; (B) would make the body of water impacted by the breach less navigable for commercial interests; or (C) would result in increase of at least 5 percent of the price of any products, including agricultural products, shipped via the body of water impacted by the breach; or (2) if the energy resource intended to replace such dam as a result of such breach would occupy an area of land that is larger in acreage than the area occupied by such dam by at least 5 percent. (b) Consultation In making the determinations required under subsection (a)(1), the Secretary shall— (1) consult with the Secretary of Energy with respect to the determination described in subparagraph (A) of such subsection; (2) consult with the Secretary of Transportation with respect to the determination described subparagraph (B) of such subsection; (3) consult with the Secretary of Agriculture and the Secretary of Commerce with respect to the determination described in subparagraph (C) of such subsection; and (4) consult with the relevant agencies in the State in which the dam proposed to be breached is located. (c) Study required If the Secretary considers breaching a federally operated dam, the Secretary, in coordination with the Secretary of the Interior, shall conduct a study analyzing the number of acres of land such dam occupies.