I 112th CONGRESS 1st Session H. R. 795 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.

1.

Short title

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

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.

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.

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.