II 

117TH CONGRESS 

2D SESSION S. 4540 

To amend the Water Resources Reform and Development Act of 2014 to 

improve provisions relating to the development of hydropower at Corps 

of Engineers facilities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2022 

Mr. DAINES (for himself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Water Resources Reform and Development 

Act of 2014 to improve provisions relating to the development of hydropower at Corps of Engineers facilities, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXPEDITING HYDROPOWER AT CORPS OF EN4 GINEERS FACILITIES. 

5 Section 1008 of the Water Resources Reform and De6 velopment Act of 2014 (33 U.S.C. 2321b) is amended— 


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1 (1) in subsection (b)(1), by inserting ‘‘and to 

2 meet the requirements of subsection (b)’’ after 

3 ‘‘projects’’; 

4 (2) by redesignating subsections (b) and (c) as 

5 subsections (c) and (d), respectively; 

6 (3) by inserting after subsection (a) the fol7 lowing: 

8 ‘‘(b) IMPLEMENTATION OF POLICY.—The Secretary 

9 shall— 

10 ‘‘(1) ensure that the policy described in section 

11 (a) is implemented nationwide in an efficient, con12 sistent, and coordinated manner; and 

13 ‘‘(2) assess opportunities— 

14 ‘‘(A) to increase the development of hydro15 electric power at existing hydroelectric water re16 sources development projects of the Corps of 

17 Engineers; and 

18 ‘‘(B) to develop new hydroelectric power at 

19 nonpowered water resources development 

20 projects of the Corps of Engineers.’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(e) PROGRAM MANAGER FOR NON-FEDERAL HY23 DROELECTRIC POWER DEVELOPMENT.— 

24 ‘‘(1) DESIGNATION.—The Chief of Engineers 

25 shall designate an employee of the Corps of EngiVerDate Sep 11 2014 23:43 Jul 15, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4540.IS S4540

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1 neers as a Program Manager for Non-Federal Hy2 droelectric Power Development (referred to in this 

3 subsection as the ‘Program Manager’). 

4 ‘‘(2) REQUIREMENTS.—The Program Manager 

5 shall— 

6 ‘‘(A) not be otherwise involved in the re7 view of any Corps of Engineers permit to de8 velop hydroelectric power at Corps of Engineers 

9 civil works projects; and 

10 ‘‘(B) be located at the headquarters office 

11 of the Corps of Engineers. 

12 ‘‘(3) RESPONSIBILITIES.—With respect to the 

13 development of non-Federal hydroelectric power at 

14 Corps of Engineers civil works projects, the Program 

15 Manager shall— 

16 ‘‘(A) ensure timely and consistent review of 

17 permits across Corps of Engineers districts and 

18 levels; 

19 ‘‘(B) answer questions within the Corps of 

20 Engineers, or facilitate communication between 

21 developers and the Corps of Engineers, con22 cerning Corps of Engineers permits; 

23 ‘‘(C) answer questions from developers re24 garding the permitting process of the Corps of 

25 Engineers; 


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1 ‘‘(D) coordinate with the Federal Energy 

2 Regulatory Commission on licensing matters; 

3 ‘‘(E) facilitate timely action on all aspects 

4 of Federal permitting required for hydropower 

5 development; and 

6 ‘‘(F) ensure that new hydropower produc7 tions are designed and operated with environ8 mentally sustainable technologies and manage9 ment plans. 

10 ‘‘(4) REPORTING.—Not later than 90 days after 

11 the date of enactment of this subsection, the Chief 

12 of Engineers shall submit to Congress a report on 

13 the implementation of this subsection and subsection 

14 (b).’’. 

Æ 


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