[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[Senate]
[Page S5510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5029. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the 
conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PRELIMINARY CONCEPT DESIGN PROCESS.

       (a) Preliminary Concept Design Document.--After receipt of 
     a preliminary permit, a non-Federal entity seeking to develop 
     hydroelectric power at a civil works project of the Corps of 
     Engineers may submit to the Corps of Engineers a preliminary 
     concept design that is consistent with the license 
     application process of the Federal Energy Regulatory 
     Commission.
       (b) Integrated Review.--The heads of the district, 
     division, and headquarters levels of the Corps of Engineers 
     shall conduct an integrated review of any preliminary concept 
     design submitted under subsection (a).
       (c) Preliminary Finding.--Not later than 60 days after a 
     non-Federal entity submits a preliminary concept design under 
     subsection (a), the Corps of Engineers shall--
       (1) complete the review under subsection (b); and
       (2) provide the non-Federal entity with--
       (A) preliminary findings that include an analysis and 
     comments on the concept design, as the concept design relates 
     to approval for use in the Corps of Engineers licensing 
     process and the ultimate development of the project;
       (B)(i) preliminary approval, denial, or request for 
     additional information of the concept design; and
       (ii) a description of any measures necessary for the Corps 
     of Engineers to permit the project, including engineering 
     designs and measures necessary for permits under section 14 
     of the Act of March 3, 1899 (commonly known as the ``Rivers 
     and Harbors Appropriations Act of 1899'') (33 U.S.C. 408); 
     and
       (C) the assignment of a project delivery coordinator or a 
     Federal Energy Regulatory Commission coordinator, designated 
     by the Chief of Engineers, who shall--
       (i) coordinate the project within the Corps of Engineers; 
     and
       (ii) be given direct oversight over selection to the 
     project delivery team members who have appropriate expertise 
     during the licensing process.
       (d) Permit Review.--If a non-Federal entity has submitted 
     to the Corps of Engineers a design concept under subsection 
     (a), the applications from that non-Federal entity for 
     permits under section 14 of the Act of March 3, 1899 
     (commonly known as the ``Rivers and Harbors Appropriations 
     Act of 1899'') (33 U.S.C. 408) to develop hydroelectric power 
     at the civil works project of the Corps of Engineers 
     identified by the non-Federal entity shall be considered by 
     the project delivery coordinator or Federal Energy Regulatory 
     Commission coordinator designated under subsection (c)(2)(C).
       (e) Non-federal Hydroelectric Power Development 
     Ombudsman.--
       (1) Designation.--The Chief of Engineers shall designate 
     from within the Corps of Engineers an ombudsman, to be known 
     as the ``Ombudsman for Non-Federal Hydroelectric Power 
     Development'' (referred to in this section as the 
     ``Ombudsman'').
       (2) Requirements.--The Ombudsman--
       (A) shall not be otherwise involved in the review of any 
     Corps of Engineers permit to develop hydroelectric power at 
     any civil works project of the Corps of Engineers;
       (B) shall be located at the headquarters of the Corps of 
     Engineers; and
       (C) shall be an employee serving with the minimum rank of 
     Colonel.
       (3) Responsibilities.--With respect to the development of 
     non-Federal hydroelectric power at any civil works project of 
     the Corps of Engineers, the Ombudsman shall, on request made 
     in writing by the non-Federal entity or the project delivery 
     coordinator or Federal Energy Regulatory Commission 
     coordinator designated under subsection (c)(2)(C)--
       (A) within 60 days of the request, resolve, with respect to 
     Corps of Engineers permits, disputes--
       (i) within the Corps of Engineers; or
       (ii) between the non-Federal entity and the Corps of 
     Engineers; and
       (B) ensure that the development standards and procedures 
     are consistent in all districts of the Corps of Engineers.
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