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

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115th CONGRESS
  1st Session
                                H. R. 2872

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2017

 Mr. Bucshon introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  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) Exemptions for Qualifying Facilities.--
            ``(1) Exemption qualifications.--Subject to the 
        requirements of this subsection, the Commission may grant an 
        exemption in whole or in part from the requirements of this 
        part, including any license requirements contained in this 
        part, to any facility the Commission determines is a qualifying 
        facility.
            ``(2) Consultation with federal and state agencies.--In 
        granting any exemption under this subsection, the Commission 
        shall consult with--
                    ``(A) the United States Fish and Wildlife Service, 
                the National Marine Fisheries Service, and the State 
                agency exercising administrative control over the fish 
                and wildlife resources of the State in which the 
                facility will be located, in the manner provided by the 
                Fish and Wildlife Coordination Act;
                    ``(B) any Federal department supervising any public 
                lands or reservations occupied by the project; and
                    ``(C) any Indian tribe affected by the project.
            ``(3) Exemption conditions.--
                    ``(A) In general.--The Commission shall include in 
                any exemption granted under this subsection only such 
                terms and conditions that the Commission determines 
                are--
                            ``(i) necessary to protect public safety; 
                        or
                            ``(ii) reasonable, economically feasible, 
                        and essential to prevent loss of or damage to, 
                        or to mitigate adverse effects on, fish and 
                        wildlife resources directly caused by the 
                        construction and operation of the qualifying 
                        facility, as compared to the environmental 
                        baseline existing at the time the Commission 
                        grants the exemption.
                    ``(B) No changes to release regime.--No Federal 
                authorization required with respect to a qualifying 
                facility, including an exemption granted by the 
                Commission under this subsection, may include any 
                condition or other requirement that results in any 
                material change to the storage, control, withdrawal, 
                diversion, release, or flow operations of the 
                associated qualifying nonpowered dam.
            ``(4) Environmental review.--The Commission's environmental 
        review under the National Environmental Policy Act of 1969 of a 
        proposed exemption under this subsection shall consist only of 
        an environmental assessment, unless the Commission determines, 
        by rule or order, that the Commission's obligations under such 
        Act for granting exemptions under this subsection can be met 
        through a categorical exclusion.
            ``(5) Violation of terms of exemption.--Any violation of a 
        term or condition of any exemption granted under this 
        subsection shall be treated as a violation of a rule or order 
        of the Commission under this Act.
            ``(6) Annual charges for enhancement activities.--Exemptees 
        under this subsection for any facility located at a non-Federal 
        dam shall pay to the United States reasonable annual charges in 
        an amount to be fixed by the Commission for the purpose of 
        funding environmental enhancement projects in watersheds in 
        which facilities exempted under this subsection are located. 
        Such annual charges shall be equivalent to the annual charges 
        for use of a Government dam under section 10(e), unless the 
        Commission determines, by rule, that a lower charge is 
        appropriate to protect exemptees' investment in the project or 
        avoid increasing the price to consumers of power due to such 
        charges. The proceeds of charges made by the Commission under 
        this paragraph shall be paid into the Treasury of the United 
        States and credited to miscellaneous receipts. Subject to 
        annual appropriation Acts, such proceeds shall be available to 
        Federal and State fish and wildlife agencies for purposes of 
        carrying out specific environmental enhancement projects in 
        watersheds in which one or more facilities exempted under this 
        subsection are located. Not later than 180 days after the date 
        of enactment of this section, the Commission shall establish 
        rules, after notice and opportunity for public comment, for the 
        collection and administration of annual charges under this 
        paragraph.
            ``(7) Effect of jurisdiction.--The jurisdiction of the 
        Commission over any qualifying facility exempted under this 
        subsection shall extend only to the qualifying facility 
        exempted and any associated primary transmission line, and 
        shall not extend to any conduit, dam, impoundment, shoreline or 
        other land, or any other project work associated with the 
        qualifying facility exempted under this subsection.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Federal authorization.--The term `Federal 
        authorization'--
                    ``(A) means any authorization required under 
                Federal law with respect to an application for a 
                license, license amendment, or exemption under this 
                part; and
                    ``(B) includes any permits, special use 
                authorizations, certifications, opinions, or other 
                approvals as may be required under Federal law to 
                approve or implement the license, license amendment, or 
                exemption under this part.
            ``(2) 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, control, 
                withdrawal, diversion, release, or flow operations of 
                the associated qualifying nonpowered dam.
            ``(3) Qualifying facility.--The term `qualifying facility' 
        means a facility that is determined under this section to meet 
        the qualifying criteria.
            ``(4) 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 operated for the control, release, or 
                distribution of water for agricultural, municipal, 
                navigational, industrial, commercial, environmental, 
                recreational, aesthetic, or flood control purposes;
                    ``(C) that, as of the date of enactment of this 
                section, is not equipped with hydropower generating 
                works that are licensed under, or exempted from the 
                license requirements contained in, this part; and
                    ``(D) that, in the case of a non-Federal dam, has 
                been certified by an independent consultant approved by 
                the Commission as complying with the Commission's dam 
                safety requirements.''.
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