[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 795 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 795

                   To expand small-scale hydropower.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 2011

   Mr. Smith of Nebraska (for himself and Mr. Costa) introduced the 
   following bill; which was referred to the Committee on Energy and 
   Commerce, and in addition to the Committees on Transportation and 
 Infrastructure and Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
                   To expand small-scale hydropower.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small-Scale Hydropower Enhancement 
Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conduit.--The term ``conduit'' means any tunnel, canal, 
        pipeline, aqueduct, flume, ditch, or similar manmade water 
        conveyance that is operated for the distribution of water for 
        agricultural, municipal, or industrial consumption and not 
        primarily for the generation of electricity.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. APPLICABILITY OF LAW.

    Notwithstanding any other provision of law, a hydroelectric project 
that uses only a non-federally owned conduit to generate electric power 
that does not exceed 1.5 megawatts and that, on or before the date of 
enactment of this Act, is not licensed under, or exempted from the 
license requirements contained in, part I of the Federal Power Act (16 
U.S.C. 792 et seq.) shall not be required to be licensed under part I 
of such Act.

SEC. 4. INCLUSION OF CERTAIN FACILITIES IN REPORT AND STUDY.

    The Secretary shall--
            (1) not later than 6 months after the date of enactment of 
        this Act, revise and update the study and report required under 
        section 1834 of the Energy Policy Act of 2005 (Public Law 109-
        58) to include facilities that would result in less than 1 
        megawatt of capacity;
            (2) to the maximum extent practicable, consult with non-
        Federal and noncontracting interests in implementing this 
        section; and
            (3) implement this section on a nonreimbursable basis.
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