[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1521 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1521

 To amend the Federal Power Act to modernize and improve the licensing 
      of non-Federal hydropower projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2023

  Mr. Daines (for himself and Ms. Cantwell) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Power Act to modernize and improve the licensing 
      of non-Federal hydropower projects, 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 ``Community and Hydropower Improvement 
Act''.

SEC. 2. DEFINITIONS.

    Section 3 of the Federal Power Act (16 U.S.C. 796) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``tribal lands embraced within 
                Indian reservations,''; and
                    (B) by striking ``also'' and inserting ``land and 
                interests in land held in legal title by the United 
                States in trust for the benefit of an Indian Tribe; 
                and'';
            (2) in paragraph (5), by inserting ``Indian Tribe,'' after 
        ``State,''; and
            (3) by adding at the end the following:
            ``(30) Indian tribe.--The term `Indian Tribe' means the 
        recognized governing body of any Indian or Alaska Native tribe, 
        band, nation, pueblo, village, community, component band, or 
        component reservation, individually identified (including 
        parenthetically) in the list published annually pursuant to 
        section 104 of the Federally Recognized Indian Tribe List Act 
        of 1994 (25 U.S.C. 5131).
            ``(31) Project effects.--The term `project effects' has the 
        meaning given the term in paragraph (1) of section 2403(c) of 
        the Energy Policy Act of 1992 (16 U.S.C. 797d(c)).''.

SEC. 3. GENERAL POWERS OF THE FEDERAL ENERGY REGULATORY COMMISSION.

    (a) Technical Correction to the Energy Policy Act of 2005 and 
Federal Power Act.--
            (1) Energy policy act of 2005.--
                    (A) In general.--Section 241(a) of the Energy 
                Policy Act of 2005 (Public Law 109-58; 119 Stat. 674) 
                is amended by striking ``after `adequate protection and 
                utilization of such reservation.' at the end of the 
                first proviso'' and inserting ``after `adequate 
                protection and utilization of such reservation' at the 
                end of the first proviso a period and''.
                    (B) Execution.--Subparagraph (A) and the amendments 
                made by that subparagraph shall take effect as if 
                included in the Energy Policy Act of 2005 (42 U.S.C. 
                15801 et seq.), and section 241(a) of that Act (Public 
                Law 1058; 119 Stat. 674) and the amendments made by 
                that section shall be executed as if the amendment made 
                by subparagraph (A) had been included in that Act.
            (2) Federal power act.--Section 4(e) of the Federal Power 
        Act (16 U.S.C. 797(e)) is amended by striking the period after 
        ``Federal Energy Regulatory Commission''.
    (b) Issuance of Licenses.--Section 4(e) of the Federal Power Act 
(16 U.S.C. 797(e)) is amended--
            (1) by striking the colon each place it appears and 
        inserting a period;
            (2) in the fourth proviso, by striking ``And provided 
        further, That upon'' and inserting the following:
            ``(5) Notice; considerations.--On'';
            (3) in the third proviso, by striking ``Provided further, 
        That in case'' and inserting the following:
            ``(4) Public purposes.--In case'';
            (4) in the second proviso, by striking ``Provided further, 
        That no license'' and inserting the following:
            ``(3) Navigable waters.--No license'';
            (5) in the first proviso, by striking ``Provided, That 
        licenses'' and inserting the following:
            ``(2) Reservation.--
                    ``(A) In general.--Licenses'';
            (6) in the first sentence, by striking ``(e) To issue 
        licenses'' and inserting the following:
    ``(e) Issuance of Licenses.--
            ``(1) In general.--To issue licenses'';
            (7) in paragraph (1) (as so designated), by striking ``, or 
        to any State'' and inserting ``, or to any State, Indian 
        Tribe,'';
            (8) in paragraph (2)(A) (as so designated)--
                    (A) by striking the fourth sentence and inserting 
                the following:
                            ``(iii) Procedures.--Not later than 180 
                        days after the date of enactment of the 
                        Community and Hydropwer Improvement Act, the 
                        Secretary of the Interior, Secretary of the 
                        Army, the Secretary of Commerce, and the 
                        Secretary of Agriculture shall jointly update, 
                        by rule, after consultation with the Commission 
                        and providing notice and an opportunity for 
                        public comment, the procedures for an expedited 
                        trial-type hearing under this section and 
                        section 18, including the opportunity to 
                        undertake discovery and cross-examine 
                        witnesses, providing--
                                    ``(I) a forum for conditions 
                                submitted under section 33(a) to obtain 
                                a hearing;
                                    ``(II) a requirement that the party 
                                raising a disputed issue, or the 
                                proponent of an alternative, bears the 
                                burden of proof by a preponderance of 
                                the evidence; and
                                    ``(III) and opportunities for all 
                                parties to a trial-type hearing to 
                                participate in settlement negotiations 
                                before and after the hearing.'';
                    (B) in the third sentence--
                            (i) by striking ``by the relevant 
                        resource'' and inserting ``by the relevant''; 
                        and
                            (ii) by striking ``All disputed'' and 
                        inserting the following:
                            ``(ii) Requirement.--All disputed'';
                    (C) in the second sentence--
                            (i) by inserting ``, including alternative 
                        conditions submitted under section 33(a), as 
                        applicable'' after ``on any disputed issues of 
                        material fact with respect to such 
                        conditions''; and
                            (ii) by striking ``The license applicant'' 
                        and inserting the following:
                    ``(B) Hearing.--
                            ``(i) In general.--The license applicant''; 
                        and
                    (D) in the first sentence, by striking ``shall deem 
                necessary for the adequate protection and utilization 
                of such reservation'' and inserting the following: ``or 
                the applicable Indian Tribe, as provided in section 37, 
                shall deem--
                            ``(i) necessary for the adequate protection 
                        and utilization of such reservation; and
                            ``(ii) reasonably related to project 
                        effects on--
                                    ``(I) the reservation; and
                                    ``(II) the utilization of the 
                                reservation''; and
            (9) in paragraph (5) (as designated by paragraph (2)), by 
        inserting ``addressing the effects of hydrologic alterations 
        that may occur over the license term,'' after ``the protection 
        of recreational opportunities,''.
    (c) Preliminary Permits; Notice of Application.--Section 4(f) of 
the Federal Power Act (16 U.S.C. 797(f)) is amended, in the proviso, by 
inserting ``, Indian Tribe,'' after ``in writing to any State''.

SEC. 4. APPROACH TO ENVIRONMENTAL REVIEW.

    (a) In General.--Section 2403 of the Energy Policy Act of 1992 (16 
U.S.C. 797d) is amended--
            (1) in the section heading, by striking ``third party 
        contracting by ferc'' and inserting ``approach to environmental 
        review'';
            (2) in subsection (a)--
                    (A) in the subsection heading, by striking 
                ``Environmental Impact Statements'' and inserting 
                ``Third-Party Contracting by the Federal Energy 
                Regulatory Commission''; and
                    (B) in the first sentence, by striking ``Where the 
                Federal'' and inserting the following:
            ``(1) Environmental impact statements.--If the Federal'';
            (3) in subsection (c), by striking ``This section'' and 
        inserting ``This subsection'';
            (4) by redesignating subsections (b) and (c) as paragraphs 
        (2) and (3), respectively, and indenting appropriately; and
            (5) by adding at the end the following:
    ``(b) Cooperation With Other Agencies.--
            ``(1) In general.--The Federal Energy Regulatory Commission 
        shall request that any Federal, State, or local agency or 
        Indian Tribe with a responsibility under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
        comparable State or Tribal law requirements with respect to the 
        licensing of a project cooperate in the preparation of the 
        environmental assessment or environmental impact statement that 
        will be a record basis for the decisions of the applicable 
        agency or Indian Tribe with respect to the applicable 
        application.
            ``(2) Effect.--Cooperation under paragraph (1) shall not 
        impair the right of a cooperating agency or Indian Tribe to 
        participate as a party in a proceeding, subject to appropriate 
        protections against ex parte communications.
    ``(c) Environmental Effects.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Nonrecurring past effect.--The term 
                `nonrecurring past effect', with respect to a project, 
                means an environmental effect that--
                            ``(i) may have been caused by--
                                    ``(I) the original construction or 
                                development of the project; or
                                    ``(II) prior operations of the 
                                project; but
                            ``(ii) has no ongoing effect on 
                        environmental resources.
                    ``(B) Ongoing effect.--The term `ongoing effect', 
                with respect to a project, means a material 
                environmental effect that would not occur or that would 
                be different, but for the continued existence, 
                operation, or maintenance of the project.
                    ``(C) Project.--The term `project' has the meaning 
                given the term in section 3 of the Federal Power Act 
                (16 U.S.C. 796).
                    ``(D) Project effects.--The term `project effects' 
                means the ongoing effects and reasonably foreseeable 
                effects of a project.
                    ``(E) Reasonably foreseeable effect.--The term 
                `reasonably foreseeable effect', with respect to a 
                project, means a material future environmental effect 
                that--
                            ``(i)(I) in the case of new construction, 
                        would not occur or would be different, but for 
                        the construction, existence, operation, or 
                        maintenance of the project; or
                            ``(II) in the case of no new construction, 
                        would not occur or would be different, but for 
                        the existence, operation, or maintenance of the 
                        project; and
                            ``(ii) the Federal Energy Regulatory 
                        Commission, another agency, or an Indian Tribe 
                        determines, based on substantial evidence--
                                    ``(I) is not speculative or 
                                improbable; and
                                    ``(II) is supported by monitoring, 
                                modeling, or other scientific analysis 
                                that is generally accepted in the 
                                scientific community.
            ``(2) Required considerations.--In carrying out any 
        authorities and responsibilities under part I of the Federal 
        Power Act (16 U.S.C. 792 et seq.) with respect to resources 
        affected by the project, the Federal Energy Regulatory 
        Commission, other agencies, and Indian Tribes--
                    ``(A) shall consider ongoing and reasonably 
                foreseeable effects of any existing dam and other 
                appurtenant project works included as part of an 
                application under part I of the Federal Power Act (16 
                U.S.C. 792 et seq.);
                    ``(B) shall not consider nonrecurring past effects 
                of the dam and other appurtenant works of the project;
                    ``(C)(i) shall consider whether the project has an 
                adverse effect on any fish species; and
                    ``(ii) if a determination is made in the 
                affirmative under clause (i), shall consider passage 
                and nonpassage strategies for reasonably mitigating the 
                adverse effect, as appropriate, based on--
                            ``(I) the extent and quality of habitat 
                        upstream and downstream of the project, 
                        including the feasibility of creating new 
                        habitat or improving existing habitat through 
                        habitat improvement projects;
                            ``(II) off-site mitigation as provided in 
                        section 39 of the Federal Power Act;
                            ``(III) risks to the health of the fish and 
                        the river system associated with both passage 
                        and nonpassage strategies;
                            ``(IV) costs of construction, operation, 
                        and maintenance associated with both passage 
                        and nonpassage strategies; and
                            ``(V) such other biological, operational, 
                        and economic factors determined to be relevant 
                        by the Federal Energy Regulatory Commission, 
                        other agencies, and Indian Tribes;
                    ``(D) shall evaluate reasonably foreseeable project 
                effects on hydrologic patterns, other aspects of 
                environmental quality and developmental uses during the 
                term of the license, based on fieldwork investigations, 
                literature reviews, resource monitoring, technical 
                models, or other appropriate methodologies, consistent 
                with generally accepted scientific practices;
                    ``(E) shall--
                            ``(i) for purposes of deploying a model 
                        under this subsection, encourage the 
                        preferential use of open-sourced technical 
                        models, subject to the limitation that nothing 
                        in this clause prohibits the use of a 
                        proprietary model or proprietary data; and
                            ``(ii) for purposes of using or otherwise 
                        relying on a model or data under this 
                        subsection--
                                    ``(I) ensure the validity of the 
                                model or data through validation 
                                analysis entered into the record; and
                                    ``(II) provide for the model, 
                                including data and other modeling 
                                inputs and outputs, to be reasonably 
                                available for evaluation, operation, 
                                reporting, and review by licensing 
                                participants, subject to appropriate 
                                protections relating to--
                                            ``(aa) duplication or 
                                        public disclosure of 
                                        intellectual property 
                                        associated with the model, such 
                                        as software code or algorithms; 
                                        and
                                            ``(bb) the public 
                                        disclosure of proprietary or 
                                        other data that would reveal 
                                        trade secrets, other 
                                        information that is 
                                        competitively sensitive, or 
                                        critical electric 
                                        infrastructure information (as 
                                        defined in section 215A(a) of 
                                        the Federal Power Act (16 
                                        U.S.C. 824o-1(a)));
                    ``(F) shall consider reasonably foreseeable effects 
                of hydrologic alterations over the license term in the 
                region in which the project is located, including any 
                change in project effects due to the hydrologic 
                alterations and the potential of the project to 
                contribute to the protection and enhancement of the 
                beneficial public uses identified in paragraph (5) of 
                section 4(e) and section 10(a)(1) of the Federal Power 
                Act (16 U.S.C. 797(e), 803(a)(1));
                    ``(G) shall ensure that any Federal requirements 
                applicable in the project area under any applicable 
                Federal treaty with an Indian Tribe, as determined by a 
                court of competent jurisdiction, are met;
                    ``(H) shall consider innovative solutions and 
                emerging technologies as a means of meeting 
                responsibilities and authorities under part I of the 
                Federal Power Act (16 U.S.C. 792 et seq.) in a cost-
                effective manner; and
                    ``(I) shall consider, based on an analysis prepared 
                by the Federal Energy Regulatory Commission, impacts of 
                the determination or decision of the Federal Energy 
                Regulatory Commission, other agency, or Indian Tribe, 
                as applicable, on--
                            ``(i) grid reliability;
                            ``(ii) any increase in the price of energy, 
                        power, and essential grid services to consumers 
                        of power; and
                            ``(iii) the ability to integrate 
                        intermittent generation resources.
            ``(3) Technical conferences.--Not later than 180 days after 
        the date of enactment of the Community and Hydropwer 
        Improvement Act and periodically thereafter, as determined to 
        be appropriate by the Federal Energy Regulatory Commission, the 
        Federal Energy Regulatory Commission, in consultation with the 
        Secretary, shall convene a technical conference to consider new 
        technologies and methodologies that may be available and 
        generally accepted in the scientific community or by agencies 
        that manage water resources for power production, water supply, 
        or flood control in the applicable region to quantify the 
        considerations required under paragraph (2)(F) within an 
        acceptable calculated range in licensing proceedings under part 
        I of the Federal Power Act (16 U.S.C. 792 et seq.).
    ``(d) Citations to Record.--In carrying out authorities and 
responsibilities under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), and sections 4(e), 10, 18, 33, and 37 of the 
Federal Power Act (16 U.S.C. 797(e), 803, 811, 823d), the Federal 
Energy Regulatory Commission and other agencies and Indian Tribes 
shall--
            ``(1) cite to the specific parts of documents and other 
        evidence that are the basis for the findings on issues of 
        material fact for which the record contains inconsistent or 
        conflicting information; and
            ``(2) state the basis for relying on the cited evidence for 
        the purpose of making the findings on issues of material 
        fact.''.
    (b) Clerical Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2781) is amended by 
striking the item relating to section 2403 and inserting the following:

``Sec. 2403. Approach to environmental review.''.

SEC. 5. LICENSE DURATION, CONDITIONS, REVOCATION, ALTERATION, OR 
              SURRENDER.

    (a) Voluntary License Surrender Procedures.--Section 6 of the 
Federal Power Act (16 U.S.C. 799) is amended--
            (1) by striking the section designation and all that 
        follows through ``Licenses under'' in the first sentence and 
        inserting the following:

``SEC. 6. LICENSE DURATION, CONDITIONS, REVOCATION, ALTERATION, OR 
              SURRENDER.

    ``(a) In General.--Licenses under''; and
            (2) by adding at the end the following:
    ``(b) Procedures for Surrender of License.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Commission, after providing 
        for public notice and comment, shall promulgate regulations 
        establishing procedures for license surrender proceedings 
        initiated by a licensee.
            ``(2) Inclusions.--The regulations promulgated under 
        paragraph (1) shall include--
                    ``(A) a requirement for a licensee seeking a 
                license surrender to prepare an initial public report 
                that describes and analyzes--
                            ``(i) the surrender proposal;
                            ``(ii) any alternatives considered for the 
                        disposition of project works;
                            ``(iii) any impacts of the proposed license 
                        surrender on--
                                    ``(I) grid reliability;
                                    ``(II) any increase in the price of 
                                energy, power, and essential grid 
                                services to consumers of power; and
                                    ``(III) the ability to integrate 
                                intermittent generating resources; and
                            ``(iv) any benefits of the proposed license 
                        surrender to--
                                    ``(I) surrounding communities; and
                                    ``(II) the natural environment;
                    ``(B) opportunities for the public--
                            ``(i) to comment on--
                                    ``(I) the initial public report; 
                                and
                                    ``(II) the surrender application;
                            ``(ii) to propose other alternatives for 
                        the disposition of project works for 
                        consideration by the Commission and licensee; 
                        and
                            ``(iii) to otherwise participate in the 
                        surrender proceeding;
                    ``(C) requirements for the licensee to consult with 
                applicable Federal and State resource agencies, Indian 
                Tribes, and interested members of the public before 
                filing the surrender application with the Commission;
                    ``(D) procedures to develop a schedule for each 
                surrender proceeding; and
                    ``(E) procedures to expedite the surrender 
                proceeding for a license that does not--
                            ``(i) present complex resource issues;
                            ``(ii) involve significant controversy or 
                        public opposition; or
                            ``(iii) require other major regulatory 
                        approvals.''.
    (b) Effect on Federal Dams.--
            (1) In general.--Nothing in this section (including an 
        amendment made by this section) affects the continued operation 
        of any federally owned dam, including the Federal dams on the 
        Lower Snake River operated by the Corps of Engineers.
            (2) No precedent.--No action carried out under section 6 of 
        the Federal Power Act (16 U.S.C. 799) establishes a precedent 
        for an action relating to a dam referred to in paragraph (1).

SEC. 6. CONDITIONS OF LICENSE; REPORT REQUIREMENT.

    (a) Modification of Plans; Factors Considered To Secure 
Adaptability of Project; Recommendations for Proposed Terms and 
Conditions.--Section 10(a)(2) of the Federal Power Act (16 U.S.C. 
803(a)(2)) is amended by adding at the end the following:
                    ``(D) Current and reasonably foreseeable future 
                economic conditions material to the value of the 
                project, over the term of the license, with respect 
                to--
                            ``(i) providing revenues from sales of 
                        power, generation capacity, and ancillary 
                        services; and
                            ``(ii) other uses of the project.
                    ``(E) Methods to collect and, as appropriate, 
                publicly report hydrologic data relating to the 
                operations of the project during a time interval 
                appropriate for effective management of any affected 
                waterways.''.
    (b) Annual Charges Payable by Licensees; Maximum Rates; 
Application; Review and Report to Congress.--Section 10(e) of the 
Federal Power Act (16 U.S.C. 803(e)) is amended--
            (1) in paragraph (1), in the first sentence, by inserting 
        ``, in accordance with paragraph (5)'' after ``for purposes of 
        administering their responsibilities under this part''; and
            (2) by adding at the end the following:
            ``(5) In fixing reasonable annual charges under paragraph 
        (1) for purposes of administering the responsibilities of the 
        United States under this part, the Commission--
                    ``(A) notwithstanding section 9701 of title 31, 
                United States Code, section 3401 of the Omnibus Budget 
                Reconciliation Act of 1986 (42 U.S.C. 7178), or any 
                other provision of Federal law relating to annual 
                charges fixed under paragraph (1), shall ensure that 
                all administrative costs of the United States, other 
                than the administrative costs of the Commission, do not 
                exceed the direct costs incurred by any department of 
                the Federal Government or any agency, bureau, office, 
                or other subdivision of the applicable department, in 
                the participation of the applicable department in 
                license proceedings under this part;
                    ``(B) shall not include costs of any department of 
                the Federal Government or any agency, bureau, office, 
                or other subdivision of the applicable department that 
                are reimbursed directly to the applicable department or 
                subdivision of the applicable department by the 
                licensee or license applicant;
                    ``(C) shall include costs of a third-party 
                contractor retained by any department of the Federal 
                Government or any agency, bureau, office, or other 
                subdivision of the applicable department that are 
                incurred in supporting the applicable department in 
                administering the responsibilities of the applicable 
                department under this part, if the costs--
                            ``(i) are not otherwise reimbursed directly 
                        to the department or subdivision of the 
                        department, as provided in subparagraph (B); 
                        and
                            ``(ii) meet the requirements of 
                        subparagraph (D);
                    ``(D) shall provide a reasonable opportunity for 
                public review and comment on the determinations of the 
                Commission under subparagraphs (A) through (C) before 
                issuing any bills for annual charges for purposes of 
                the administration of this part under paragraph (1); 
                and
                    ``(E) shall--
                            ``(i) respond to all comments received 
                        under subparagraph (D) before issuing any bills 
                        for annual charges for the administrative costs 
                        of the United States under this part under 
                        paragraph (1); and
                            ``(ii) make any adjustments to the billing 
                        determinations in response to the comments 
                        received under subparagraph (D), as 
                        appropriate.''.
    (c) Fish and Wildlife Protection, Mitigation, and Enhancement; 
Consideration of Recommendations; Findings.--Section 10(j) of the 
Federal Power Act (16 U.S.C. 803(j)) is amended--
            (1) in paragraph (1), by adding at the end the following: 
        ``For any project that may affect fish and wildlife resources 
        protected under a Federal treaty with an Indian Tribe, as 
        determined by a court of competent jurisdiction, the conditions 
        under this subsection shall be based on recommendations 
        received from the applicable Indian Tribe.''; and
            (2) in paragraph (2)--
                    (A) in the first sentence, by inserting ``and 
                Indian Tribes'' after ``and statutory responsibilities 
                of such agencies''; and
                    (B) in the second sentence, in the matter preceding 
                subparagraph (A), by inserting ``or Indian Tribe'' 
                after ``a recommendation of any such agency''.
    (d) Supporting Statement and Use of Existing Studies.--Section 10 
of the Federal Power Act (16 U.S.C. 803) is amended by adding at the 
end the following:
    ``(k) Supporting Statement for Certain License Conditions.--
            ``(1) In general.--In any case in which the applicable 
        Secretary exercises authority to submit a license condition to 
        the Commission for inclusion in the license under section 
        4(e)(2), 18, 33, or 37 or through authority reserved in the 
        license under 1 or more of those sections, the applicable 
        Secretary shall include with the submitted condition or 
        prescription a written statement--
                    ``(A) demonstrating that the applicable Secretary 
                considered alternatives to the submitted condition;
                    ``(B) providing a scientific and technical 
                rationale for--
                            ``(i) the condition submitted; and
                            ``(ii) any alternatives considered but not 
                        adopted; and
                    ``(C) identifying specific facts relied on in the 
                record.
            ``(2) Studies, data, and other factual information.--Along 
        with the written statement included under paragraph (1), the 
        applicable Secretary shall submit any studies, data, and other 
        factual information relied on by the applicable Secretary that 
        is relevant to the decision of the applicable Secretary.
    ``(l) Use of Existing Studies.--
            ``(1) In general.--To the extent reasonably practicable, 
        the Commission and other Federal and State agencies with 
        responsibilities under this part shall--
                    ``(A) use relevant existing studies, monitoring 
                information, and data; and
                    ``(B) avoid duplicating current, existing studies 
                that are applicable to the relevant project.
            ``(2) Written statement.--In requiring any new study or 
        collection of information, the Commission and other Federal and 
        State agencies and Indian Tribes with responsibilities under 
        this part shall prepare a written statement that--
                    ``(A) explains why the new study or other 
                information is necessary to support the decisionmaking 
                relative to the responsibilities of the applicable 
                agency under this part;
                    ``(B) identifies how existing information 
                reasonably available to the applicable agency, 
                including any monitoring information collected by the 
                licensee during the existing license term, is 
                inadequate to support the decisionmaking of the 
                applicable agency; and
                    ``(C) explains the manner in which the information 
                produced by the required new study or other information 
                supports the cost of producing the information.
            ``(3) Requirement.--In modifying or denying a request to 
        require a new study or collection of information that is 
        submitted to the Commission by another agency with 
        responsibilities under this part, the Commission shall include 
        in a written statement of the Commission an explanation of the 
        manner in which the Commission considers the modification or 
        denial to be consistent with--
                    ``(A) the responsibilities of the requestor to 
                compile a record under applicable law; and
                    ``(B) the obligation of the Commission and other 
                agencies to undertake to develop a joint study plan 
                pursuant to section 38(c)(2).''.
    (e) Report.--Section 10 of the Federal Power Act (16 U.S.C. 803) 
(as amended by subsection (d)) is amended by adding at the end the 
following:
    ``(m) Report.--Not later than 2 years after the date of enactment 
of this subsection, and every 5 years thereafter, the Commission shall 
submit to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives a report, prepared in consultation with each affected 
licensee or exemptee under this part, that--
            ``(1) identifies any project or individual unit of 
        development that--
                    ``(A) is licensed, or exempted from the license 
                requirements, under this part; and
                    ``(B) has been continually out-of-service for not 
                fewer than 5 years preceding the report;
            ``(2) explains the reason why each project or development 
        has been out-of-service;
            ``(3) identifies any plans of the licensee and the 
        Commission for the rehabilitation or other disposition of the 
        project or development; and
            ``(4) describes the anticipated timelines and requirements 
        of the Commission for the rehabilitation or other final 
        disposition of the project or development.''.

SEC. 7. DISPOSITION OF CHARGES ARISING FROM LICENSES.

    Section 17 of the Federal Power Act (16 U.S.C. 810) is amended--
            (1) by striking the section designation and all that 
        follows through ``(a) All proceeds'' and inserting the 
        following:

``SEC. 17. DISPOSITION OF CHARGES ARISING FROM LICENSES.

    ``(a) Receipts From Charges.--All proceeds'';
            (2) in subsection (a)--
                    (A) in the second sentence--
                            (i) by striking ``be paid into the Treasury 
                        of the United States and credited to 
                        `Miscellaneous receipts''' and inserting ``be 
                        deposited in the Licensing Administration 
                        Reimbursement Fund established by subsection 
                        (c)'';
                            (ii) by striking ``and 50 per centum of the 
                        charges arising from all other licenses is 
                        hereunder is hereby reserved'' and inserting 
                        ``and, of the charges from all other licenses, 
                        50 percent is reserved''; and
                            (iii) by striking ``navigable waters of the 
                        United States'' and inserting ``navigable 
                        waters of the United States, and 37.5 percent 
                        shall be deposited in the Licensing 
                        Administration Reimbursement Fund established 
                        by subsection (c)''; and
                    (B) in the third sentence, by striking ``into the 
                Treasury of the United States and credited to 
                miscellaneous receipts'' and inserting ``to the 
                applicable department, or any agency, bureau, office, 
                or other subdivision of the applicable department, in 
                the amounts established by the Commission under section 
                10(e)(5) for the department, or agency, bureau, office, 
                or other subdivision of the applicable department'';
            (3) in subsection (b), by striking the subsection 
        designation and all that follows through ``In case of'' and 
        inserting the following:
    ``(b) Delinquency.--In case of''; and
            (4) by adding at the end the following:
    ``(c) Licensing Administration Reimbursement Fund.--
            ``(1) In general.--There is established within the Treasury 
        of the United States a fund, to be known as the `Licensing 
        Administration Reimbursement Fund' (referred to in this 
        subsection as the `Fund'), to be administered by the 
        Commission.
            ``(2) Purpose.--The purpose of the Fund is to reimburse 
        Indian Tribes, State fish and wildlife agencies, and other 
        State natural and cultural resource agencies for any 
        administrative costs of carrying out the responsibilities of 
        Indian Tribes or the agencies under this part.
            ``(3) Contents.--The Fund shall consist of any amounts 
        deposited in the Fund under subsection (a).
            ``(4) Requirement.--Amounts in the Fund shall be available 
        to Indian Tribes, State fish and wildlife agencies, and other 
        State natural and cultural resource agencies that document the 
        participation of the Indian Tribe or agency in license 
        proceedings for purposes of carrying out the responsibilities 
        of the Indian Tribe or agency under this part.
            ``(5) Limitation.--Amounts in the Fund shall not be 
        available for any costs that are otherwise reimbursable to an 
        Indian Tribe, a State fish and wildlife agency, or a State 
        natural and cultural resource agency.
            ``(6) Application; distribution.--The Commission shall 
        establish standards governing the application for, and 
        distribution of, amounts from the Fund.
            ``(7) Rulemaking.--Not later than 90 days after the date of 
        enactment of this subsection, the Commission shall promulgate 
        regulations, after providing public notice and an opportunity 
        for comment, that establish the standards and process for the 
        distribution and use of amounts from the Fund.''.

SEC. 8. OPERATION OF NAVIGATION FACILITIES; RULES AND REGULATIONS; 
              PENALTIES.

    Section 18 of the Federal Power Act (16 U.S.C. 811) is amended--
            (1) in the first sentence, by inserting ``to address 
        project effects and other relevant factors'' before the period 
        at the end;
            (2) in the second sentence, by inserting ``, including 
        alternative prescriptions submitted under section 33(b), as 
        applicable,'' after ``on any disputed issues of material fact 
        with respect to such fishways'';
            (3) in the third sentence, by striking ``relevant 
        resource'' and inserting ``resource''; and
            (4) by striking the fourth sentence and inserting the 
        following: ``Not later than 180 days after the date of 
        enactment of the Community and Hydropwer Improvement Act, the 
        Secretary of the Interior, the Secretary of the Army, the 
        Secretary of Commerce, and the Secretary of Agriculture shall 
        update jointly, by rule, after consultation with the Commission 
        and providing notice and opportunity for public comment, the 
        procedures for an expedited trial-type hearing under this 
        section and section 4(e)(2), including the opportunity to 
        undertake discovery and cross-examine witnesses, providing a 
        forum for conditions submitted under section 33(b) to obtain a 
        hearing, a requirement that the party raising a disputed issue, 
        or the proponent of an alternative, bears the burden of proof 
        by a preponderance of the evidence, and opportunities for all 
        parties to a trial-type hearing to participate in settlement 
        negotiations before and after the hearing.''.

SEC. 9. CONDUIT HYDROELECTRIC FACILITIES.

    Section 30(c) of the Federal Power Act (16 U.S.C. 823a(c)) is 
amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        affected Indian Tribes,'' after ``consult with the United 
        States Fish and Wildlife Service'';
            (2) in paragraph (1)--
                    (A) by striking ``Fish and Wildlife Service 
                National Marine Fisheries Service and the State 
                agency'' and inserting ``United States Fish and 
                Wildlife Service, National Marine Fisheries Service, 
                and the State agency''; and
                    (B) by striking ``Act, and'' and inserting ``Act; 
                and''; and
            (3) in paragraph (2), by striking ``insure'' and inserting 
        ``ensure''.

SEC. 10. ALTERNATIVE CONDITIONS AND PRESCRIPTIONS.

    (a) Alternative Conditions.--Section 33(a) of the Federal Power Act 
(16 U.S.C. 823d(a)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``or an Indian Tribe, as provided 
                in section 37,'' after ``(referred to in this 
                subsection as the `Secretary')''; and
                    (B) by striking ``the first proviso of section 
                4(e)'' and inserting ``section 4(e)(2)'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``the first proviso of section 4(e)'' and 
                inserting ``section 4(e)(2)'';
                    (B) by striking ``the Secretary'' each place it 
                appears and inserting ``the Secretary or Indian 
                Tribe''; and
                    (C) by striking subparagraphs (A) and (B) and 
                inserting the following:
                    ``(A) would result in improved protection or 
                utilization of the reservation at no additional cost to 
                the project, including the value of foregone power or 
                energy as compared to the condition initially deemed to 
                be necessary by the Secretary or applicable Indian 
                Tribe; or
                    ``(B) would--
                            ``(i) be no less protective of the 
                        reservation than the condition initially deemed 
                        to be necessary by the Secretary or applicable 
                        Indian Tribe; and
                            ``(ii) as compared to the condition 
                        initially deemed to be necessary by the 
                        Secretary or applicable Indian Tribe--
                                    ``(I) cost significantly less to 
                                implement; or
                                    ``(II) result in improved operation 
                                of the project works for electricity 
                                production.'';
            (3) in paragraph (3), by striking ``the Secretary'' each 
        place it appears and inserting ``the Secretary or Indian 
        Tribe'';
            (4) by redesignating paragraph (5) as paragraph (6);
            (5) by striking paragraph (4) and inserting the following:
            ``(4) Public record.--The Secretary or applicable Indian 
        Tribe shall submit into the public record of the Commission 
        proceeding with any condition under section 4(e)(2) or 
        alternative condition accepted by the Secretary or applicable 
        Indian Tribe under this subsection a detailed analysis 
        establishing and explaining how the condition adopted by the 
        Secretary or applicable Indian Tribe meets the criteria under 
        paragraph (2), as compared to--
                    ``(A) the condition initially determined to be 
                necessary by the Secretary or applicable Indian Tribe; 
                and
                    ``(B) each alternative condition proposed by the 
                license applicant or any other party to the license 
                proceeding, as provided in paragraph (1), that is not 
                adopted by the Secretary or applicable Indian Tribe.
            ``(5) Written statement.--
                    ``(A) In general.--Any submission by the Secretary 
                under paragraph (4) shall include a written statement 
                demonstrating that the Secretary gave equal 
                consideration to the effects of the condition adopted 
                and alternatives not adopted on--
                            ``(i) energy supply, distribution, cost, 
                        and use;
                            ``(ii) flood control;
                            ``(iii) navigation;
                            ``(iv) water supply;
                            ``(v) hydrologic alterations that may occur 
                        over the license term;
                            ``(vi) air quality; and
                            ``(vii) the preservation of other aspects 
                        of environmental quality.
                    ``(B) Basis.--The written statement included under 
                subparagraph (A) shall be based on information 
                available to the Secretary, including information 
                voluntarily provided in a timely manner by the 
                applicant and others.
                    ``(C) Studies; data.--Along with the written 
                statement included under subparagraph (A), the 
                Secretary shall submit any studies, data, and other 
                factual information available to the Secretary and 
                relevant to the determination of the Secretary under 
                paragraph (2).''; and
            (6) in paragraph (6) (as so redesignated)--
                    (A) in the first sentence, by striking ``the 
                Secretary's final condition'' and inserting ``the final 
                condition of the Secretary or applicable Indian 
                Tribe'';
                    (B) in the second sentence, by striking ``the 
                Secretary'' and inserting ``the Secretary or applicable 
                Indian Tribe'';
                    (C) in the third sentence, by striking 
                ``Secretary'' each place it appears and inserting 
                ``Secretary or applicable Tribe''; and
                    (D) in the fourth sentence--
                            (i) by striking ``The Secretary'' and 
                        inserting ``The Secretary or applicable Indian 
                        Tribe''; and
                            (ii) by striking ``Secretary's final 
                        written determination'' and inserting ``final 
                        written determination of the Secretary or 
                        applicable Indian Tribe''.
    (b) Alternative Prescriptions.--Section 33(b) of the Federal Power 
Act (16 U.S.C. 823d(b)) is amended--
            (1) in paragraph (1), by striking ``Secretary of Commerce'' 
        and inserting ``Secretary of Commerce, as applicable (referred 
        to in this subsection as the `Secretary concerned'),'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``of the Interior or the 
                        Secretary of Commerce, as appropriate,'' and 
                        inserting ``concerned'';
                            (ii) by striking ``of the appropriate 
                        department'' and inserting ``concerned''; and
                            (iii) by striking ``to the Secretary'' and 
                        inserting ``to the Secretary concerned''; and
                    (B) by striking subparagraphs (A) and (B) and 
                inserting the following:
                    ``(A) would result in improved protection for fish 
                at no additional cost to the project, including the 
                value of foregone power or energy, as compared to the 
                fishway initially prescribed by the Secretary 
                concerned; or
                    ``(B) would--
                            ``(i) be no less protective than the 
                        fishway initially prescribed by the Secretary 
                        concerned; and
                            ``(ii) as compared to the fishway initially 
                        prescribed by the Secretary concerned--
                                    ``(I) cost significantly less to 
                                implement; or
                                    ``(II) result in improved operation 
                                of the project works for electricity 
                                production.'';
            (3) in paragraph (3), by striking ``the Secretary'' each 
        place it appears and inserting ``the Secretary concerned'';
            (4) by redesignating paragraph (5) as paragraph (6);
            (5) by striking paragraph (4) and inserting the following:
            ``(4) Public record.--The Secretary concerned shall submit 
        into the public record of the Commission proceeding with any 
        prescription under section 18 or alternative prescription 
        accepted by the Secretary concerned under this subsection a 
        detailed analysis establishing and explaining how the 
        prescription adopted by the Secretary concerned meets the 
        criteria under paragraph (2), as compared to--
                    ``(A) the prescription initially prescribed by the 
                Secretary concerned; and
                    ``(B) each alternative proposed by the license 
                applicant or any other party to the license proceeding, 
                as provided in paragraph (1), that is not adopted by 
                the Secretary concerned.
            ``(5) Written statement.--
                    ``(A) In general.--Any submission by the Secretary 
                concerned under paragraph (4) shall include a written 
                statement demonstrating that the Secretary concerned 
                gave equal consideration to the effects of the 
                prescription adopted and alternatives not adopted on--
                            ``(i) energy supply, distribution, cost, 
                        and use;
                            ``(ii) flood control;
                            ``(iii) navigation;
                            ``(iv) water supply;
                            ``(v) hydrologic alterations that may occur 
                        over the license term;
                            ``(vi) air quality; and
                            ``(vii) the preservation of other aspects 
                        of environmental quality.
                    ``(B) Basis.--The written statement included under 
                subparagraph (A) shall be based on information 
                available to the Secretary concerned, including 
                information voluntarily provided in a timely manner by 
                the applicant and others.
                    ``(C) Studies; data.--Along with the written 
                statement included under subparagraph (A), the 
                Secretary concerned shall submit any studies, data, and 
                other factual information available to the Secretary 
                concerned and relevant to the determination of the 
                Secretary concerned under paragraph (2).''; and
            (6) in paragraph (6) (as so redesignated)--
                    (A) in the first sentence, by striking ``the 
                Secretary's final prescription'' and inserting ``the 
                final prescription of the Secretary concerned'';
                    (B) in the second sentence, by striking ``the 
                Secretary'' and inserting ``the Secretary concerned'';
                    (C) in the third sentence, by striking 
                ``Secretary'' each place it appears and inserting 
                ``Secretary concerned''; and
                    (D) in the fourth sentence--
                            (i) by striking ``The Secretary'' and 
                        inserting ``The Secretary concerned''; and
                            (ii) by striking ``Secretary's final 
                        written determination'' and inserting ``final 
                        written determination of the Secretary 
                        concerned''.

SEC. 11. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED DAMS.

    Section 34 of the Federal Power Act (16 U.S.C. 823e) is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsections (a), (b), (d), (e), and 
        (f) as subsections (b), (c), (g), (a), and (h), respectively, 
        and moving the subsections so as to appear in alphabetical 
        order;
            (3) in subsection (a) (as so redesignated)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (E), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(F) the Commission determines, after considering 
                the notification of intent submitted by the applicant 
                under subsection (e)(1), any supporting information, 
                and comments received under subsection (e)(2)(A), and 
                any consultation under subsection (e)(2)(B), that an 
                expeditious licensing decision under this section is 
                reasonably practicable, taking into consideration, as 
                appropriate--
                            ``(i) whether any applicable environmental 
                        or dam safety considerations demonstrate that 
                        the qualifying nonpowered dam associated with 
                        the qualifying facility is likely to be removed 
                        during the term of a license;
                            ``(ii) whether existing information 
                        establishes that the qualifying nonpowered dam 
                        associated with the qualifying facility will no 
                        longer serve an existing public purpose during 
                        the term of a license;
                            ``(iii) whether any adverse resource effect 
                        associated with the qualifying nonpowered dam, 
                        including lack of fish passage, is--
                                    ``(I) presently unmitigated; and
                                    ``(II) likely to remain unmitigated 
                                under future operation;
                            ``(iv) whether the licensing of the 
                        facility by the Commission has the potential to 
                        mitigate or enhance environmental conditions 
                        associated with the qualifying nonpowered dam 
                        associated with the qualifying facility, 
                        including any preliminary protection, 
                        mitigation, and enhancement measures identified 
                        by the applicant;
                            ``(v) whether the resource issues likely to 
                        be involved in the licensing process are 
                        unusual or complex; and
                            ``(vi) whether information submitted with, 
                        or referenced in, the notification of intent is 
                        adequate to support the development of the 
                        license application.'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Qualifying facility.--
                    ``(A) In general.--The term `qualifying facility' 
                means a facility that--
                            ``(i) includes only--
                                    ``(I) the power house, power 
                                tunnel, penstocks, and tailrace;
                                    ``(II) any other water conveyance 
                                infrastructure connected directly to 
                                the powerhouse;
                                    ``(III) each primary line 
                                transmitting power from the facility to 
                                the point of junction with the 
                                distribution system or the 
                                interconnected primary transmission 
                                system; and
                                    ``(IV) any other new, miscellaneous 
                                structures used and useful in 
                                connection with the facility; and
                            ``(ii) is determined under this section to 
                        meet the qualifying criteria.
                    ``(B) Exclusions.--Notwithstanding subparagraph 
                (A)(i)(IV) and section 3(11), the term `qualifying 
                facility' does not include, with respect to the 
                complete unit of improvement or development of a 
                facility described in subparagraph (A)--
                            ``(i) a dam or appurtenant work or 
                        structure (including a navigation structure);
                            ``(ii) a dike;
                            ``(iii) any other water retention or 
                        diversion infrastructure;
                            ``(iv) an impoundment;
                            ``(v) a shoreline;
                            ``(vi) an access road; or
                            ``(vii) any recreational or other 
                        infrastructure associated with an existing 
                        nonpowered dam or impoundment.''; and
                    (C) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``Federal or non-Federal'' 
                        after ``means any''; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) that--
                            ``(i) for a non-Federal dam--
                                    ``(I) as of October 23, 2018, is 
                                not generating electricity using any 
                                hydropower-generating facility that 
                                is--
                                            ``(aa) licensed under this 
                                        part; or
                                            ``(bb) exempted from the 
                                        license requirements contained 
                                        in this part; and
                                    ``(II) is regulated by an 
                                established dam safety program of the 
                                State in which the non-Federal dam is 
                                located; or
                            ``(ii) for a Federal dam--
                                    ``(I) is available for non-Federal 
                                power development; and
                                    ``(II)(aa) is not equipped with 
                                power generating equipment; or
                                    ``(bb) has available incremental 
                                generation potential for non-Federal 
                                power development.'';
            (4) in subsection (b) (as so redesignated)--
                    (A) in the subsection heading, by inserting 
                ``Certain'' after ``Process for'';
                    (B) in paragraph (1)--
                            (i) by striking ``As provided in this 
                        section, the Commission may issue and amend'' 
                        and inserting ``The Commission may issue''; and
                            (ii) by inserting ``in accordance with this 
                        section'' before the period at the end;
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) Updating regulations.--Not later than 180 days after 
        the date of enactment of the Community and Hydropower 
        Improvement Act, after consulting with the interagency task 
        force under paragraph (3) and providing notice and an 
        opportunity for public comment, the Commission shall update 
        regulations of the Commission for issuing licenses for 
        qualifying facilities under this section.'';
                    (D) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(A) In 
                                establishing the expedited process'' 
                                and inserting the following:
                    ``(A) In general.--In updating regulations''; and
                                    (II) by striking ``and Indian 
                                tribes'' and inserting ``, Indian 
                                Tribes, and the public''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Workshops and meetings.--Before issuing any 
                proposed rule for public comment pursuant to paragraph 
                (2), the Commission shall convene workshops and other 
                meetings with the interagency task force under this 
                paragraph to develop procedures that allow the 
                Commission and appropriate Federal and State agencies 
                and Indian Tribes to exercise authority in accordance 
                with subsection (d).''; and
                    (E) by striking paragraph (4) and inserting the 
                following:
            ``(4) Deadline.--The Commission shall issue a final 
        decision regarding an application for a license for a 
        qualifying facility submitted under subsection (e)(3) not later 
        than 2 years after the date on which the Commission determines 
        under subsection (e)(2) that the proposed hydroelectric 
        facility that is the subject of the application is a qualifying 
        facility.'';
            (5) in subsection (c) (as so redesignated)--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraph (1) as paragraph 
                (2);
                    (C) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) Applicability of safety regulations.--
                    ``(A) In general.--The rules and regulations of the 
                Commission relating to the protection of life, health, 
                and property shall apply to a qualifying facility 
                licensed under this section, only with respect to the 
                potential effects of the construction, operation, and 
                maintenance of the qualifying facility on the safety of 
                the applicable qualifying nonpowered dam.
                    ``(B) State regulations.--For any qualifying 
                facility licensed at a non-Federal qualifying 
                nonpowered dam, the applicable dam safety rules and 
                regulations of the State in which the qualifying 
                nonpowered dam is located shall apply to--
                            ``(i) the qualifying nonpowered dam; and
                            ``(ii) any infrastructure associated with 
                        the qualifying nonpowered dam that is not a 
                        part of the qualifying facility that is the 
                        subject of the license.''; and
                    (D) by inserting after paragraph (2) (as so 
                redesignated) the following:
            ``(3) Requirements.--Before issuing any license for a 
        qualifying facility at a non-Federal qualifying nonpowered dam, 
        the Commission shall--
                    ``(A) ensure that the qualifying nonpowered dam, 
                and each other structure associated with the qualifying 
                facility, is or will be consistent with the applicable 
                dam safety standards of the Commission; and
                    ``(B) consult with the applicable dam regulator in 
                the State in which the qualifying facility is located 
                to ensure appropriate continued oversight of the 
                qualifying nonpowered dam associated with the 
                qualifying facility, and associated structures, over 
                the term of the license.'';
            (6) by inserting after subsection (c) (as so redesignated) 
        the following:
    ``(d) Storage, Release, and Flow Operations.--
            ``(1) Limitations.--
                    ``(A) Obligations.--Notwithstanding any other legal 
                requirement pertaining to a qualifying facility 
                licensed under this section, the Commission, Federal 
                and State agencies, and Indian Tribes shall not impose 
                any obligation in the licensing of the qualifying 
                facility that would interfere with, or materially 
                change or affect in any way, the storage, release, or 
                flow operations of the qualifying nonpowered dam 
                associated with the qualifying facility, other than the 
                routing of release or flow operations through the 
                qualifying facility.
                    ``(B) Interference.--Notwithstanding any other 
                legal requirement pertaining to a qualifying facility 
                licensed under this section, the licensing of a 
                qualifying facility under this section by the 
                Commission shall not interfere with, or materially 
                change or affect in any way, any other Federal, State, 
                or Tribal authority pertaining to the storage, release, 
                or flow operations applicable to the qualifying 
                nonpowered dam associated with the qualifying facility, 
                other than the routing of release or flow operations 
                through the qualifying facility.
            ``(2) Condition in license.--The Commission shall include 
        in any license issued pursuant to this section a condition 
        prohibiting the licensee from materially changing the storage, 
        release, or flow operations of a qualifying nonpowered dam 
        associated with the qualifying facility for the sole purpose of 
        improving the power value of the qualifying facility.
    ``(e) Expedited Process.--
            ``(1) Notification of intent and supporting information.--
        The applicant for a qualifying facility shall commence the 
        licensing process under this section by submitting to the 
        Commission a notification of intent to file an application for 
        a license, together with supporting information, which shall 
        inform the determination of the Commission under paragraph (2).
            ``(2) Commission determination.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which an applicant submits to the Commission a 
                notification of intent under paragraph (1), the 
                Commission, after providing notice and an opportunity 
                for public comment, shall--
                            ``(i) determine whether the proposed 
                        hydroelectric facility is a qualifying facility 
                        under this section; and
                            ``(ii) include in a determination under 
                        clause (i) information, including analyses 
                        supported by information in the public record, 
                        relating to the factual basis for the 
                        determination.
                    ``(B) Consultation.--In making a determination 
                under subparagraph (A) with respect to a proposed 
                facility, the Commission shall consult with Federal and 
                State agencies and Indian Tribes with authority over 
                the facility regarding any qualifying criteria that may 
                disqualify the facility from the expedited process 
                under this section.
                    ``(C) Resolution.--If the Commission determines 
                under subparagraph (B) that any qualifying criteria 
                potentially disqualify a proposed facility from the 
                expedited process under this section, the Commission 
                shall--
                            ``(i) seek to resolve any issues in advance 
                        of issuing a determination regarding whether 
                        the proposed facility is a qualifying facility 
                        under this paragraph; and
                            ``(ii) include in a determination under 
                        clause (i) information relevant to efforts to 
                        resolve the issues.
            ``(3) Qualifying facility applications.--
                    ``(A) In general.--After submitting a notification 
                of intent under paragraph (1), an applicant for a 
                qualifying facility shall submit to the Commission an 
                application for a license under this section.
                    ``(B) Inclusions.--An application under 
                subparagraph (A) shall include a description of each 
                protection, mitigation, and enhancement measure 
                proposed to be carried out in order for the applicable 
                qualifying facility to receive a license from the 
                Commission, in accordance with subsection (f).
                    ``(C) Deadline for submission.--An application 
                under this paragraph shall be submitted to the 
                Commission not later than the later of--
                            ``(i) the date that is 30 days after the 
                        close of a single season of studies conducted 
                        in support of the application; and
                            ``(ii) the date that is 1 year after the 
                        date on which a determination of the Commission 
                        is provided under paragraph (2).
    ``(f) Requirements.--In determining whether to approve an 
application for a license for a qualifying facility under subsection 
(e)(3), in accordance with the deadline described in subsection (b)(4), 
the Commission, in consultation with applicable Federal and State 
resource agencies and Indian Tribes with regulatory responsibility for 
the qualifying facility, shall--
            ``(1)(A) use relevant existing studies, monitoring 
        information, and data that are applicable to the relevant 
        qualifying facility, in accordance with section 10(l);
            ``(B) avoid duplicating current, existing studies; and
            ``(C) design any new studies and information requirements 
        to be consistent with the ability of the Commission to meet the 
        licensing deadline under subsection (b)(4);
            ``(2) consider whether obligations under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may 
        be met through--
                    ``(A) preparing an environmental assessment; or
                    ``(B) supplementing a previously prepared 
                environmental assessment or environmental impact 
                statement;
            ``(3) develop a licensing process that reduces 
        administrative burdens on resource agencies, Indian Tribes, the 
        applicant, and the public by avoiding unnecessary paperwork, 
        meetings, and other process obligations, subject to the 
        condition that nothing in this paragraph eliminates any 
        applicable consultation requirement under Federal or State law 
        (including regulations);
            ``(4) exercise authorities commensurate with the limited 
        unit of development and improvement for a qualifying facility 
        described in subsection (a)(2)(A)(i), recognizing--
                    ``(A) the existence of infrastructure at the time 
                of the license application; and
                    ``(B) that ongoing operations of existing 
                infrastructure, including water releases, will be 
                materially unchanged as a result of the development and 
                operation of the qualifying facility, in accordance 
                with subsection (d); and
            ``(5) consider a set of standard license terms and 
        conditions that generally would apply to all qualifying 
        facilities licensed under this section, based on common 
        technical considerations and environmental effects, subject to 
        the condition that the development of standard license terms 
        and conditions shall not limit the imposition of facility-
        specific conditions for any particular qualifying facility.''; 
        and
            (7) in subsection (h) (as so redesignated)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(3) any applicable State or Tribal law relating to a 
        qualifying nonpowered dam, dike, conduit, impoundment, or 
        shoreline, or any land or infrastructure associated with such 
        qualifying nonpowered dam, that is not a component of a license 
        issued pursuant to this section, including such a law relating 
        to dam safety, property ownership and control, public access 
        and safety, or the appropriation, use, or distribution of water 
        at the qualifying nonpowered dam.''.

SEC. 12. CLOSED-LOOP AND OFF-STREAM PUMPED STORAGE PROJECTS.

    Section 35 of the Federal Power Act (16 U.S.C. 823f) is amended to 
read as follows:

``SEC. 35. CLOSED-LOOP AND OFF-STREAM PUMPED STORAGE PROJECTS.

    ``(a) Definitions.--In this section:
            ``(1) Closed-loop or off-stream pumped storage project.--
        The term `closed-loop or off-stream pumped storage project' 
        means a project--
                    ``(A) that--
                            ``(i) is configured to use 2 or more 
                        natural or artificial reservoirs or other water 
                        bodies at different elevations; and
                            ``(ii) can--
                                    ``(I) generate power as water moves 
                                down through a turbine; and
                                    ``(II) recharge by pumping water to 
                                the upper reservoir;
                    ``(B) that is designed for construction and 
                operation in a manner that ensures that the upper and 
                lower reservoirs or other water bodies do not impound 
                any stream channel of a natural surface waterway, 
                unless--
                            ``(i) 1 or more project reservoirs are 
                        located on, or connected to, a stream channel 
                        of a natural waterway that has flowing water 
                        only during, and for a short duration after, 
                        precipitation events during a typical year; or
                            ``(ii) not more than 1 project reservoir is 
                        located on, or directly connected to, a natural 
                        surface watercourse, subject to the conditions 
                        that the reservoir--
                                    ``(I) is in existence on the date 
                                of enactment of the Community and 
                                Hydropwer Improvement Act;
                                    ``(II) receives the vast majority 
                                of water from--
                                            ``(aa) surfacewater of a 
                                        different natural watershed via 
                                        an existing pipeline, aqueduct, 
                                        or other conveyance 
                                        infrastructure; or
                                            ``(bb) groundwater; and
                                    ``(III) obtains not more than 10 
                                percent of the volume of the average 
                                annual inflow of surfacewater from the 
                                natural watershed in which the 
                                reservoir is located; and
                    ``(C) any project reservoir (except for a reservoir 
                described in subparagraph (B)(ii)) of which, if the 
                reservoir is connected to a natural surface waterway, 
                is connected for the sole purpose of the initial fill 
                and periodic recharge of reservoirs needed for project 
                operation.
            ``(2) Qualifying criteria.--The term `qualifying criteria', 
        with respect to a closed-loop or off-stream pumped storage 
        project, means that the closed-loop or off-stream pumped 
        storage project--
                    ``(A) is unlikely to involve any fish or wildlife 
                species listed as a threatened or endangered species, 
                or any habitat designated as a critical habitat of such 
                a species, under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.), unless the applicable 
                notification of intent identifies proposed measures to 
                protect or mitigate damages to the applicable species 
                or habitat;
                    ``(B) is unlikely to involve resource issues that 
                are unusual or complex in the licensing process and 
                associated environmental review;
                    ``(C) is supported by sufficient information and 
                proposed environmental study plans submitted with the 
                notification of intent to support expedited 
                environmental review and consideration of the 
                application;
                    ``(D) proposes construction, development, and 
                operation the environmental effects of which are likely 
                capable of protection, mitigation, and enhancement 
                through the licensing provisions contained in this 
                part; and
                    ``(E) is not located within any land or interest in 
                land the legal title to which is held by the United 
                States in trust for the benefit of an Indian Tribe, 
                unless the affected Indian Tribe--
                            ``(i) is a project proponent; or
                            ``(ii) consents, in writing, to the 
                        location.
    ``(b) Expedited Licensing Process for Closed-Loop and Off-Stream 
Pumped Storage Projects.--
            ``(1) In general.--The Commission may issue licenses, as 
        appropriate, for any closed-loop or off-stream pumped storage 
        project that meets the qualifying criteria, as determined by 
        the Commission, in accordance with this section.
            ``(2) Updating regulations.--Not later than 180 days after 
        the date of enactment of the Community and Hydropwer 
        Improvement Act, after consultation with the interagency task 
        force under paragraph (3) and providing notice and an 
        opportunity for public comment, the Commission shall update 
        regulations of the Commission for issuing licenses for closed-
        loop or off-stream pumped storage projects that meet the 
        qualifying criteria.
            ``(3) Interagency task force.--
                    ``(A) In general.--In updating regulations under 
                this section, the Commission shall convene an 
                interagency task force, with appropriate Federal and 
                State agencies, Indian Tribes, and the public 
                represented, to coordinate the regulatory processes 
                associated with the authorizations required to 
                construct and operate closed-loop or off-stream pumped 
                storage projects that meet the qualifying criteria.
                    ``(B) Workshops and meetings.--Before issuing a 
                proposed rule for public comment under paragraph (2), 
                the Commission shall convene workshops and other 
                meetings with the interagency task force under this 
                paragraph to develop procedures that allow the 
                Commission and appropriate Federal and State agencies 
                and Indian Tribes to exercise authority in accordance 
                with--
                            ``(i) this section; and
                            ``(ii) the applicable requirements of this 
                        part.
            ``(4) Deadline.--The Commission shall issue a final 
        decision regarding an application for a license for a proposed 
        closed-loop or off-stream pumped storage project submitted 
        under subsection (d)(3) not later than 3 years after the date 
        on which the Commission determines under subsection (d)(2) that 
        the closed-loop or off-stream pumped storage project meets the 
        qualifying criteria.
    ``(c) Dam Safety.--Before issuing any license for a closed-loop or 
off-stream pumped storage project that meets the qualifying criteria, 
the Commission shall assess the safety of relevant existing dams and 
other project works.
    ``(d) Expedited Process.--
            ``(1) Notification of intent and supporting information.--
        The applicant for a closed-loop or off-stream pumped storage 
        project shall commence the licensing process under this section 
        by submitting to the Commission a notification of intent to 
        file an application for a license, together with supporting 
        information, which shall inform the determination of the 
        Commission under paragraph (2).
            ``(2) Commission determination.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which an applicant submits to the Commission a 
                notification of intent under paragraph (1), the 
                Commission, after providing notice and an opportunity 
                for public comment, shall--
                            ``(i) determine whether the closed-loop or 
                        off-stream pumped storage project described in 
                        the notification meets the qualifying criteria; 
                        and
                            ``(ii) include in a determination under 
                        clause (i) information, including analyses 
                        supported by information in the public record, 
                        relating to the factual basis for the 
                        determination.
                    ``(B) Consultation.--In making a determination 
                under subparagraph (A) with respect to a closed-loop or 
                off-stream pumped storage project, the Commission shall 
                consult with Federal and State agencies and Indian 
                Tribes with authority over the closed-loop or off-
                stream pumped storage project regarding any qualifying 
                criteria that may disqualify the closed-loop or off-
                stream pumped storage project from the expedited 
                process under this section.
                    ``(C) Resolution.--If the Commission determines 
                under subparagraph (B) that any qualifying criteria 
                potentially disqualify a closed-loop or off-stream 
                pumped storage project from the expedited process under 
                this section, the Commission shall--
                            ``(i) seek to resolve any issues in advance 
                        of issuing a determination regarding whether 
                        the closed-loop or off-stream pumped storage 
                        project meets the qualifying criteria under 
                        this paragraph; and
                            ``(ii) include in a determination under 
                        clause (i) information relevant to efforts to 
                        resolve such issues.
            ``(3) Closed-loop and off-stream pumped storage project 
        applications.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which the Commission determines under paragraph 
                (2) that a closed-loop or off-stream pumped storage 
                project meets the qualifying criteria, an applicant for 
                the closed-loop or off-stream pumped storage project 
                shall submit to the Commission an application for a 
                license under this section.
                    ``(B) Inclusions.--An application under 
                subparagraph (A) shall include a description of each 
                protection, mitigation, and enhancement measure 
                proposed to be carried out in order for the applicable 
                closed-loop or off-stream pumped storage project to 
                receive a license from the Commission, in accordance 
                with subsection (e).
    ``(e) Requirements.--In determining whether to approve an 
application submitted for a closed-loop or off-stream pumped storage 
project under subsection (d)(3), in accordance with the deadline 
described in subsection (b)(4), the Commission, in consultation with 
applicable Federal and State resource agencies and Indian Tribes with 
regulatory responsibility for the closed-loop or off-stream pumped 
storage project, shall--
            ``(1)(A) use relevant existing studies, monitoring 
        information, and data that are applicable to the relevant 
        project, in accordance with section 10(l);
            ``(B) avoid duplicating current, existing studies; and
            ``(C) design any new studies and information requirements 
        to be consistent with the ability of the Commission to meet the 
        licensing deadline under subsection (b)(4);
            ``(2) consider whether obligations under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may 
        be met through--
                    ``(A) preparing an environmental assessment; or
                    ``(B) supplementing a previously prepared 
                environmental assessment or environmental impact 
                statement;
            ``(3) develop a licensing process that reduces 
        administrative burdens on resource agencies, Indian Tribes, the 
        applicant, and the public by avoiding unnecessary paperwork, 
        meetings, and other process obligations, subject to the 
        condition that nothing in this paragraph eliminates any 
        applicable consultation requirement under Federal or State law 
        (including regulations); and
            ``(4) consider a set of standard license terms and 
        conditions that generally would apply to all closed-loop or 
        off-stream pumped storage projects licensed under this section, 
        based on common technical considerations and environmental 
        effects, subject to the condition that the development of 
        standard license terms and conditions shall not limit the 
        imposition of project-specific conditions for any particular 
        closed-loop or off-stream pumped storage project.
    ``(f) Transfers.--Notwithstanding section 5, regardless of whether 
the holder of a preliminary permit for a closed-loop or off-stream 
pumped storage project claims a municipal preference under section 7(a) 
in obtaining a permit, on request by a municipality, the Commission 
may, to facilitate development of a closed-loop or off-stream pumped 
storage project--
            ``(1) add 1 or more entities as joint permittees following 
        the issuance of a preliminary permit; and
            ``(2) transfer a license in part to 1 or more nonmunicipal 
        entities as co-licensees with a municipality, if the 
        municipality retains majority ownership of the closed-loop or 
        off-stream pumped storage project for which the license was 
        issued.
    ``(g) Developing Abandoned Mines for Pumped Storage.--
            ``(1) Workshop.--Not later than 180 days after the date of 
        enactment of this Act, the Commission shall hold a workshop to 
        explore potential opportunities for development of closed-loop 
        pumped storage projects at abandoned mine sites.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall issue guidance to 
        assist applicants for licenses or preliminary permits for 
        closed-loop pumped storage projects at abandoned mine sites.
    ``(h) Savings Clause.--Nothing in this section affects any 
authority of the Commission to license a closed-loop or off-stream 
pumped storage project under any other provision of this part.''.

SEC. 13. CONDITIONS TO PROTECT TRIBAL RESOURCES.

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

``SEC. 37. CONDITIONS TO PROTECT TRIBAL RESOURCES.

    ``(a) Necessary Conditions of Indian Tribes.--
            ``(1) In general.--Except as provided in subsection (c), an 
        Indian Tribe shall have exclusive authority to deem a condition 
        to a license under this part to be necessary under section 
        4(e)(2) if the license is issued for a project located within 
        any land or an interest in land the legal title to which is 
        held by the United States in trust for the benefit of the 
        Indian Tribe, regardless of whether the Indian Tribe is a 
        licensee or applicant for the project, subject to paragraph 
        (2).
            ``(2) Condition; written statement.--On deeming a condition 
        to be necessary pursuant to paragraph (1), an Indian Tribe 
        shall submit to the Commission--
                    ``(A) the condition;
                    ``(B) a written statement--
                            ``(i) demonstrating that the Indian Tribe 
                        considered alternatives to the submitted 
                        condition;
                            ``(ii) providing a scientific and technical 
                        rationale for--
                                    ``(I) the condition submitted; and
                                    ``(II) alternatives considered but 
                                not adopted; and
                            ``(iii) identifying specific facts relied 
                        on in the record; and
                    ``(C) any studies, data, and other factual 
                information relied on by the Indian Tribe that is 
                relevant to the decision of the Indian Tribe.
    ``(b) Other Reservations.--For any license issued within any 
reservation other than a reservation described in subsection (a), the 
Secretary of the agency responsible for the supervision of the 
reservation, in deeming conditions of the license to be necessary under 
section 4(e)(2), shall consult with the Secretary of the Interior and 
any potentially affected Indian Tribes regarding the responsibilities 
of the United States in the project area under any applicable treaty 
with an Indian Tribe, as determined by a court of competent 
jurisdiction.
    ``(c) Exclusion.--This section shall not apply to any project that, 
as of the date of enactment of the Community and Hydropower Improvement 
Act--
            ``(1) is licensed under this part; and
            ``(2) is not located on any land or interest in land, the 
        legal title to which is held by the United States in trust for 
        the benefit of an Indian Tribe.''.

SEC. 14. COORDINATION OF COMMISSION AND OTHER AGENCIES ISSUING FEDERAL 
              AUTHORIZATIONS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) (as amended 
by section 13) is amended by adding at the end the following:

``SEC. 38. COORDINATION OF COMMISSION AND OTHER AGENCIES ISSUING 
              FEDERAL AUTHORIZATIONS.

    ``(a) Definitions.--In this section:
            ``(1) Conditioning agency.--The term `conditioning agency' 
        means a Federal agency (other than the Commission), a State 
        agency, or an Indian Tribe that has the authority to issue a 
        Federal authorization.
            ``(2) Federal authorization.--The term `Federal 
        authorization' means any authorization required under Federal 
        law with respect to an application for a license, including 
        any--
                    ``(A) license;
                    ``(B) condition of a license submitted by the 
                applicable Secretary or an Indian Tribe under section 
                4(e)(2);
                    ``(C) prescription submitted by the applicable 
                Secretary under section 18;
                    ``(D) permit;
                    ``(E) special use authorization;
                    ``(F) certification;
                    ``(G) opinion;
                    ``(H) consultation;
                    ``(I) determination; or
                    ``(J) other approval.
    ``(b) Coordination of Schedule.--
            ``(1) Initial conference.--Not later than 90 days after the 
        date on which an applicant submits to the Commission a 
        notification of intent to apply for a license under this part, 
        the Commission, after consultation with each conditioning 
        agency, shall convene a technical conference, with a transcript 
        to be taken by the Commission and submitted to the public 
        record, to coordinate the respective efforts and schedules of 
        the Commission and the conditioning agencies relating to 
        studies and other information, consultations, environmental 
        reviews, and decisionmaking.
            ``(2) Joint schedule and record.--
                    ``(A) Establishment.--To the extent reasonably 
                practicable, the Commission and the applicable 
                conditioning agencies shall establish, with respect to 
                each project that is the subject of a notification of 
                intent to apply for a license under this part--
                            ``(i) a joint schedule that will permit the 
                        timely completion of decisions required to be 
                        made with respect to, and timely issuance of, 
                        Federal authorizations by the Commission and 
                        the conditioning agencies; and
                            ``(ii) a record supporting the basis for 
                        the respective decisions of the Commission and 
                        the conditioning agencies.
                    ``(B) Consideration of waivers and modifications.--
                The Commission and the conditioning agencies shall 
                consider waivers or modifications of the requirements 
                of respective rules, within statutory limits, as 
                appropriate--
                            ``(i) to establish a joint schedule for the 
                        proceeding; and
                            ``(ii) to ensure timely decisionmaking.
            ``(3) Subsequent conferences.--
                    ``(A) In general.--After the date on which the 
                initial conference is convened under paragraph (1), the 
                Commission shall convene subsequent technical 
                conferences, as appropriate and after consultation with 
                each conditioning agency, to address changed 
                circumstances that may--
                            ``(i) allow for greater coordination of 
                        efforts and schedules; or
                            ``(ii) threaten the ability of the 
                        Commission or any conditioning agency to 
                        maintain any joint schedule established under 
                        paragraph (2).
                    ``(B) Transcript.--The Commission shall take a 
                transcript of any technical conference convened under 
                this paragraph, to be submitted to the public record.
            ``(4) Failure to agree.--If the Commission and a 
        conditioning agency are unable to establish or maintain a joint 
        schedule under paragraph (2), the Commission and conditioning 
        agency shall submit to the public record maintained by the 
        Commission, not later than 30 days after the conclusion of the 
        technical conference under paragraph (1) or (3), as applicable, 
        a statement that--
                    ``(A) identifies each inconsistency or conflict;
                    ``(B) explains the position taken by each agency 
                causing the inconsistency or conflict; and
                    ``(C) provides an analysis, supported by 
                information in the public record, of the factual basis 
                for the inconsistent or conflicting position taken by 
                each agency.
    ``(c) Coordination of Information and Studies.--
            ``(1) Conference.--As early as practicable after the date 
        on which an applicant submits to the Commission a notification 
        of intent to apply for a license under this part, the 
        Commission, after consultation with each conditioning agency, 
        shall convene a technical conference to address existing 
        information and potential new studies relevant to the 
        development of the record that would support agency 
        decisionmaking.
            ``(2) Joint study plan.--To the extent reasonably 
        practicable, the Commission and the applicable conditioning 
        agencies shall establish, with respect to each project that is 
        the subject of a notification of intent to apply for a license 
        under this part, a joint study plan.
            ``(3) Failure to agree.--If 1 or more agencies are unable 
        to establish or maintain a joint study plan, the applicable 
        agencies shall submit to the public record maintained by the 
        Commission, not later than 30 days after the conclusion of the 
        technical conference under paragraph (1), a statement that--
                    ``(A) identifies each inconsistency or conflict;
                    ``(B) explains the position taken by each agency 
                causing the inconsistency or conflict; and
                    ``(C) provides an analysis, supported by 
                information in the public record, of the factual basis 
                for the inconsistent or conflicting position taken by 
                each agency.
    ``(d) Trial-Type Hearing.--For any trial-type hearing conducted 
under section 4(e)(2) or 18, the Commission--
            ``(1) may participate as a party for purposes of advocating 
        the factual analyses of Commission staff relating to any 
        disputed issue of material fact; and
            ``(2) shall give due weight to the findings of fact 
        resulting from the trial-type hearing in preparing any 
        environmental analysis under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.).
    ``(e) Consultation on Inconsistent or Conflicting License Terms.--
            ``(1) In general.--If a term or condition of a Federal 
        authorization submitted or recommended for inclusion in a 
        license under this part conflicts or is otherwise inconsistent 
        with another such term or condition in a Federal authorization, 
        the Commission shall initiate and facilitate consultation with 
        the conditioning agencies submitting conflicting or 
        inconsistent terms or conditions, to attempt to resolve the 
        inconsistency or conflict.
            ``(2) Requirements.--The consultation period under 
        paragraph (1) shall--
                    ``(A) be not longer than 90 days; and
                    ``(B) include at least 1 technical conference or 
                similar meeting.
            ``(3) Action on agreement.--If the agencies submitting 
        terms or conditions of a Federal authorization resolve an 
        inconsistency or conflict under this subsection, the agencies 
        shall establish a reasonable schedule and deadline, not later 
        than 90 days after the conclusion of the consultation, to amend 
        and reissue the relevant Federal authorizations to reflect that 
        resolution, as appropriate.
            ``(4) Failure to agree.--If the agencies submitting terms 
        or conditions of a Federal authorization are unable to resolve 
        an inconsistency or conflict under this subsection, the 
        agencies shall submit to the public record maintained by the 
        Commission, not later than 30 days after the conclusion of the 
        consultation, a statement that--
                    ``(A) identifies the inconsistency or conflict; and
                    ``(B) explains the reason for the inconsistency or 
                conflict, supported by information in the public 
                record.
    ``(f) Public Notice and Participation.--
            ``(1) Notice.--The Commission shall issue public notice of 
        each technical conference between the Commission and a 
        conditioning agency under this section.
            ``(2) Participation.--Each technical conference under this 
        section shall be held open to participation by--
                    ``(A) the applicable license applicant; and
                    ``(B) other licensing participants.
    ``(g) Rulemaking.--Not later than 1 year after the date of 
enactment of the Community and Hydropwer Improvement Act, after 
providing notice and an opportunity for public comment, the Commission 
shall promulgate regulations to implement the requirements of this 
section.''.

SEC. 15. OFF-SITE CONSIDERATIONS IN HYDROPOWER LICENSING.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) (as amended 
by section 14) is amended by adding at the end the following:

``SEC. 39. OFF-SITE CONSIDERATIONS IN HYDROPOWER LICENSING.

    ``(a) Definitions.--In this section:
            ``(1) Conditioning agency; federal authorization.--The 
        terms `conditioning agency' and `Federal authorization' have 
        the meanings given the terms in section 38(a).
            ``(2) Nonjurisdictional dam.--The term `nonjurisdictional 
        dam' means any non-Federal dam, dike, embankment, or other 
        barrier that--
                    ``(A) is constructed to hold back or divert water; 
                and
                    ``(B) is not--
                            ``(i) licensed under this part; or
                            ``(ii) exempted from the license 
                        requirements contained in this part.
            ``(3) Off-site measure.--The term `off-site measure' means 
        any activity intended to mitigate the project effects by 
        replacing or providing substitute resources or habitat at a 
        location different from the project area.
    ``(b) Off-Site Measures.--
            ``(1) In general.--In discharging responsibilities under 
        any Federal authorization for the protection of, mitigation of 
        damage to, and enhancement of resources affected by a project, 
        the Commission and conditioning agencies--
                    ``(A) shall consider and include in the public 
                record off-site measures recommended by any licensing 
                participant, including Federal resource agencies, State 
                resource agencies Indian Tribes, and the public; but
                    ``(B) shall not require any off-site measure that 
                is not proposed by the applicant.
            ``(2) Coordination.--An off-site measure under this 
        subsection may include coordination with another project in the 
        applicable basin.
            ``(3) Effect on regulatory responsibilities.--The adoption 
        by the Commission or any conditioning agency of an off-site 
        measure proposed by an applicant shall satisfy the applicable 
        requirements of a Federal authorization that otherwise would be 
        necessary or appropriate to mitigate a project effect 
        associated with the project site, subject to the condition that 
        the Commission and conditioning agencies shall give preference 
        to onsite measures to achieve that mitigation.
            ``(4) Project extent.--Notwithstanding section 3(11), the 
        land, infrastructure, improvements, and waters associated with 
        any off-site mitigation measure shall not be required to be 
        included as part of a project, subject to the condition that 
        any off-site measure adopted under this section shall be 
        included, implemented, and enforced as a license condition 
        issued by the Commission under this part.
    ``(c) Nonjurisdictional Dam Removal.--
            ``(1) In general.--The requirements of this subsection 
        apply to any off-site measure that--
                    ``(A) includes removal of a nonjurisdictional dam;
                    ``(B) is proposed by an applicant; and
                    ``(C) is approved by the Commission or a 
                conditioning agency under a Federal authorization.
            ``(2) Liability protection.--
                    ``(A) In general.--Notwithstanding any other 
                provision of Federal, State, Tribal, local, or common 
                law, a licensee shall not be liable for any harm, loss, 
                or other damage to an individual or entity, property, a 
                natural resource, or the environment, or any damages 
                resulting from dam removal, arising from, relating to, 
                or triggered by an action associated with the removal 
                of a nonjurisdictional dam under this section, 
                including any damage caused by the release of any 
                material or substance (including a hazardous 
                substance), if the licensee and the owner of the 
                nonjurisdictional dam or third party have entered into 
                a legally enforceable agreement ensuring that the owner 
                (or an assignee) or third party retains that liability.
                    ``(B) Funding.--Notwithstanding any other provision 
                of Federal, State, local, or common law, no individual 
                or entity contributing funds for removal of a 
                nonjurisdictional dam under this section shall be held 
                liable, solely by virtue of that funding, for any harm, 
                loss, or other damage to an individual or entity, 
                property, or the environment, or damages, arising from 
                the removal of a facility or facility operations 
                arising from, relating to, or triggered by an action 
                associated with removal of the nonjurisdictional dam, 
                including any damage caused by the release of any 
                material or substance (including a hazardous 
                substance).
            ``(3) Preemption.--
                    ``(A) In general.--Notwithstanding section 10(c), 
                except as provided in subparagraph (B), protection from 
                liability under this subsection shall preempt the law 
                of any State or Indian Tribe to the extent that the 
                State or Tribal law is inconsistent with this section.
                    ``(B) Exception.--Nothing in this subsection limits 
                any otherwise-available immunity, privilege, or defense 
                under any other provision of law.
    ``(d) Rulemaking.--Not later than 1 year after the date of 
enactment of the Community and Hydropwer Improvement Act, the 
Commission, after providing notice and an opportunity for public 
comment, shall promulgate regulations to implement the requirements of 
this section.''.

SEC. 16. MICRO HYDROPOWER FACILITIES.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) (as amended 
by section 15) is amended by adding at the end the following:

``SEC. 40. MICRO HYDROPOWER FACILITIES.

    ``(a) In General.--To improve the regulatory process and reduce 
delays and costs for new development of hydropower facilities with an 
installed capacity of 1,000 kilowatts or less (referred to in this 
section as `micro hydropower facilities'), the Commission shall 
investigate--
            ``(1) opportunities to expand the use of micro hydropower 
        facilities in the United States for purposes of--
                    ``(A) capturing the electric generating potential 
                of existing hydraulic processes without requiring the 
                construction of any new dam or similar infrastructure;
                    ``(B) reducing United States dependence on fossil 
                fuel resources for power and energy; and
                    ``(C) serving rural, underserved, or isolated 
                communities; and
            ``(2) regulatory processes for, and administration of, 
        micro hydropower facilities, including with respect to--
                    ``(A) the protection, mitigation, and enhancement 
                of fish and wildlife (including related spawning 
                grounds and habitat) and other beneficial public uses, 
                including irrigation, flood control, water supply, and 
                recreational and other purposes referred to in section 
                4(e)(5);
                    ``(B) achieving cost-effective and administratively 
                efficient regulation of micro hydropower facilities 
                that are commensurate with the size, expanse, and 
                environmental effects of micro hydropower facilities; 
                and
                    ``(C) protecting public safety and the structural 
                integrity of project works.
    ``(b) Information Gathering.--In carrying out subsection (a), the 
Commission shall--
            ``(1) consult with the Secretary of Energy, Federal and 
        State resource agencies, Indian Tribes, and the public; and
            ``(2) at a minimum--
                    ``(A) solicit--
                            ``(i) relevant technical, scientific, and 
                        regulatory information; and
                            ``(ii) public comment;
                    ``(B) convene regional technical conferences to 
                address the investigation subjects described in 
                subsection (a); and
                    ``(C) provide an opportunity for public comment 
                after the technical conferences under subparagraph (B).
    ``(c) Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Community and Hydropwer Improvement Act, the 
        Commission shall submit to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report that--
                    ``(A) analyzes each of the investigation subjects 
                described in subsection (a), including--
                            ``(i) a quantitative assessment of--
                                    ``(I) the quantity of energy that 
                                could likely be produced by a program 
                                to expand the use of micro hydropower 
                                facilities in the United States; and
                                    ``(II) the environmental and 
                                economic feasibility of an expanded use 
                                of micro hydropower facilities; and
                            ``(ii) specific recommendations regarding 
                        the means by which Congress may address or 
                        remedy each identified issue;
                    ``(B) describes the processes adopted, and any 
                comments received, under subsection (b), including the 
                response of the Commission to comments received from 
                the Secretary of Energy, Federal and State resource 
                agencies, Indian Tribes, and the public; and
                    ``(C) includes--
                            ``(i) a description of each recommendation 
                        submitted relating to the draft report under 
                        paragraph (2); and
                            ``(ii) an explanation of the reasons of the 
                        Commission for not adopting any submitted 
                        recommendation, if applicable, as supported by 
                        information gathered under subsection (b).
            ``(2) Draft report.--Before submitting the report under 
        paragraph (1), the Commission shall provide a draft report to 
        the Secretary of Energy, Federal and State resource agencies, 
        Indian Tribes, and the public for review and comment for a 
        period of not less than 60 days.''.

SEC. 17. REPORTING REQUIREMENT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act and every 5 years thereafter, the Federal Energy Regulatory 
Commission shall submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Energy and Commerce of the 
House of Representatives a report that describes progress with respect 
to the implementation of this Act and the amendments made by this Act.
    (b) Requirement.--A report submitted under subsection (a) shall--
            (1) identify any facilities for which expedited licensing 
        was sought under section 34 of the Federal Power Act (16 U.S.C. 
        823e) during the period covered by the report, including--
                    (A) the licensing status for each facility, 
                including all incomplete Federal authorizations needed 
                for a licensing decision;
                    (B) whether the facility qualified for expedited 
                licensing under that section; and
                    (C) if the facility did not qualify for expedited 
                licensing under that section, the reasons for such 
                determination;
            (2) identify all closed-loop and off-stream pumped storage 
        projects for which expedited licensing was sought under section 
        35 of the Federal Power Act (as added by section 12) during the 
        period covered by the report, including--
                    (A) the licensing status for each project, 
                including all incomplete Federal authorizations needed 
                for a licensing decision;
                    (B) whether the project qualified for expedited 
                licensing under that section; and
                    (C) if the project did not qualify for expedited 
                licensing under that section, the reasons for such 
                determination;
            (3) identify each instance in which an Indian Tribe 
        exercised the right of an Indian Tribe under section 37 of the 
        Federal Power Act (as added by section 13) by deeming a 
        condition to a license under part I of the Federal Power Act 
        (16 U.S.C. 792 et seq.) to be necessary under paragraph (2)(A) 
        of section 4(e) of that Act (16 U.S.C. 797(e)), including--
                    (A) the nature of the condition and the Tribal 
                resources protected by the condition; and
                    (B) whether any party to the proceeding sought a 
                trial-type hearing related to the condition under 
                paragraph (2)(B) of that section, an alternative 
                condition under section 33(a) of that Act (16 U.S.C. 
                823d(a)), or otherwise challenged the condition;
            (4) identify and describe the outcomes of the efforts of 
        Federal agencies to establish or maintain joint schedules under 
        section 38(b) of the Federal Power Act (as added by section 
        14), with a discussion of specific examples that demonstrate 
        trends, conflicts, and successes associated with the joint 
        schedules;
            (5) identify and describe the outcomes of the efforts of 
        Federal agencies to establish or maintain joint study plans 
        under section 38(c) of the Federal Power Act (as added by 
        section 14), with a discussion of specific examples that 
        demonstrate trends, conflicts, and successes associated with 
        the joint study plans; and
            (6) identify and describe the outcomes of the efforts of 
        Federal agencies to resolve inconsistent or conflicting license 
        terms under section 38(e) of the Federal Power Act (as added by 
        section 14), with a discussion of specific examples that 
        demonstrate trends, conflicts, and successes associated with 
        the opportunity to seek resolution of inconsistent or 
        conflicting license terms.
                                 <all>