[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2872 Engrossed in House (EH)]

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115th CONGRESS
  1st Session
                                H. R. 2872

_______________________________________________________________________

                                 AN ACT


 
  To amend the Federal Power Act to promote hydropower development at 
           existing nonpowered dams, and for other purposes.

    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 ``Promoting Hydropower Development at 
Existing Nonpowered Dams Act''.

SEC. 2. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED DAMS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended 
by adding at the end the following:

``SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED 
              DAMS.

    ``(a) Expedited Licensing Process for Non-Federal Hydropower 
Projects at Existing Nonpowered Dams.--
            ``(1) In general.--As provided in this section, the 
        Commission may issue and amend licenses and preliminary 
        permits, as appropriate, for any facility the Commission 
        determines is a qualifying facility.
            ``(2) Rule.--Not later than 180 days after the date of 
        enactment of this section, the Commission shall issue a rule 
        establishing an expedited process for issuing and amending 
        licenses and preliminary permits for qualifying facilities 
        under this section.
            ``(3) Interagency task force.--In establishing the 
        expedited process under this section, the Commission shall 
        convene an interagency task force, with appropriate Federal and 
        State agencies and Indian tribes represented, to coordinate the 
        regulatory processes associated with the authorizations 
        required to construct and operate a qualifying facility.
            ``(4) Length of process.--The Commission shall ensure that 
        the expedited process under this section will result in a final 
        decision on an application for a license by not later than 2 
        years after receipt of a completed application for the license.
    ``(b) Dam Safety.--
            ``(1) Assessment.--Before issuing any license for a 
        qualifying facility, the Commission shall assess the safety of 
        existing non-Federal dams and other non-Federal structures 
        related to the qualifying facility (including possible 
        consequences associated with failure of such structures).
            ``(2) Requirements.--In issuing any license for a 
        qualifying facility, the Commission shall ensure that the 
        Commission's dam safety requirements apply to such qualifying 
        facility, and the associated qualifying nonpowered dam, over 
        the term of such license.
    ``(c) Interagency Communications.--Interagency cooperation in the 
preparation of environmental documents under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an 
application for a license for a qualifying facility under this section, 
and interagency communications relating to licensing process 
coordination pursuant to this section, shall not--
            ``(1) be considered to be ex parte communications under 
        Commission rules; or
            ``(2) preclude an agency from participating in a licensing 
        proceeding under this part.
    ``(d) Identification of Nonpowered Dams for Hydropower 
Development.--
            ``(1) In general.--Not later than 12 months after the date 
        of enactment of this section, the Commission, with the 
        Secretary of the Army, the Secretary of the Interior, and the 
        Secretary of Agriculture, shall jointly develop a list of 
        existing nonpowered Federal dams that the Commission and the 
        Secretaries agree have the greatest potential for non-Federal 
        hydropower development.
            ``(2) Considerations.--In developing the list under 
        paragraph (1), the Commission and the Secretaries may consider 
        the following:
                    ``(A) The compatibility of hydropower generation 
                with existing purposes of the dam.
                    ``(B) The proximity of the dam to existing 
                transmission resources.
                    ``(C) The existence of studies to characterize 
                environmental, cultural, and historic resources 
                relating to the dam.
                    ``(D) The effects of hydropower development on 
                release or flow operations of the dam.
            ``(3) Availability.--The Commission shall--
                    ``(A) provide the list developed under paragraph 
                (1) to--
                            ``(i) the Committee on Energy and Commerce, 
                        the Committee on Transportation and 
                        Infrastructure, and the Committee on Natural 
                        Resources, of the House of Representatives; and
                            ``(ii) the Committee on Environment and 
                        Public Works, and the Committee on Energy and 
                        Natural Resources, of the Senate; and
                    ``(B) make such list available to the public.
    ``(e) Definitions.--For purposes of this section:
            ``(1) Qualifying criteria.--The term `qualifying criteria' 
        means, with respect to a facility--
                    ``(A) as of the date of enactment of this section, 
                the facility is not licensed under, or exempted from 
                the license requirements contained in, this part;
                    ``(B) the facility will be associated with a 
                qualifying nonpowered dam;
                    ``(C) the facility will be constructed, operated, 
                and maintained for the generation of electric power;
                    ``(D) the facility will use for such generation any 
                withdrawals, diversions, releases, or flows from the 
                associated qualifying nonpowered dam, including its 
                associated impoundment or other infrastructure; and
                    ``(E) the operation of the facility will not result 
                in any material change to the storage, release, or flow 
                operations of the associated qualifying nonpowered dam.
            ``(2) Qualifying facility.--The term `qualifying facility' 
        means a facility that is determined under this section to meet 
        the qualifying criteria.
            ``(3) Qualifying nonpowered dam.--The term `qualifying 
        nonpowered dam' means any dam, dike, embankment, or other 
        barrier--
                    ``(A) the construction of which was completed on or 
                before the date of enactment of this section;
                    ``(B) that is or was operated for the control, 
                release, or distribution of water for agricultural, 
                municipal, navigational, industrial, commercial, 
                environmental, recreational, aesthetic, drinking water, 
                or flood control purposes; and
                    ``(C) that, as of the date of enactment of this 
                section, is not generating electricity with hydropower 
                generating works that are licensed under, or exempted 
                from the license requirements contained in, this 
                part.''.

SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES.

    Section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) is 
amended by adding at the end the following:
    ``(5) Any obligation of a licensee for payment of annual charges 
under this subsection shall commence when the construction of the 
applicable facility commences.''.

            Passed the House of Representatives December 12, 2017.

            Attest:

                                                                 Clerk.
115th CONGRESS

  1st Session

                               H. R. 2872

_______________________________________________________________________

                                 AN ACT

  To amend the Federal Power Act to promote hydropower development at 
           existing nonpowered dams, and for other purposes.