I 

117TH CONGRESS 

1ST SESSION H. R. 1588 

To modernize the hydropower licensing process and to promote nextgeneration hydropower projects, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2021 

Mrs. RODGERS of Washington (for herself, Mr. NEWHOUSE, Mr. DUNCAN, Mr. 

BUCSHON, and Mr. CURTIS) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to 

the Committee on Oversight and Reform, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To modernize the hydropower licensing process and to promote next-generation hydropower projects, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hydropower Clean En5 ergy Future Act’’. 

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1 SEC. 2. CONFIRMING THAT HYDROPOWER IS AN ESSENTIAL 

2 RENEWABLE RESOURCE. 

3 (a) SENSE OF CONGRESS ON THE USE OF HYDRO4 POWER RENEWABLE RESOURCES.—It is the sense of Con5 gress that— 

6 (1) hydropower is a renewable resource for pur7 poses of all Federal programs and is an essential 

8 source of energy in the United States; and 

9 (2) the United States should protect existing 

10 hydropower resources and increase substantially the 

11 capacity and generation of clean, renewable hydro12 power resources to address a changing climate and 

13 improve environmental quality in the United States. 

14 (b) MODIFYING DEFINITIONS OF RENEWABLE EN15 ERGY TO INCLUDE HYDROPOWER.— 

16 (1) ENERGY POLICY ACT OF 2005.—Section 203 

17 of the Energy Policy Act of 2005 (42 U.S.C. 15852) 

18 is amended— 

19 (A) in subsection (a), by amending para20 graphs (1) through (3) to read as follows: 

21 ‘‘(1) Not less than 20 percent in fiscal years 

22 2022 through 2023. 

23 ‘‘(2) Not less than 23 percent in fiscal years 

24 2024 through 2025. 

25 ‘‘(3) Not less than 25 percent in fiscal year 

26 2026 and each fiscal year thereafter.’’; and 

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1 (B) in subsection (b), by striking para2 graph (2) and inserting the following: 

3 ‘‘(2) RENEWABLE ENERGY.—The term ‘renew4 able energy’ means energy produced from solar, 

5 wind, biomass, landfill gas, ocean (including tidal, 

6 wave, current, and thermal), geothermal, municipal 

7 solid waste, or hydropower.’’. 

8 (2) OTHER FEDERAL REGULATIONS, ORDERS, 

9 AND POLICIES.—Not later than 180 days after the 

10 date of enactment of this Act, each Federal depart11 ment and agency shall submit to the Committee on 

12 Energy and Natural Resources of the Senate and 

13 the Committee on Energy and Commerce of the 

14 House of Representatives a report demonstrating 

15 that the department or agency has amended any ap16 plicable regulation, order, or other policy of the de17 partment or agency related to renewable energy to 

18 ensure treatment of hydropower by the Federal Gov19 ernment consistent with the amendments made by 

20 paragraph (1). 

21 (c) LICENSES FOR CONSTRUCTION.—Section 4(e) of 

22 the Federal Power Act (16 U.S.C. 797(e)) is amended, 

23 in the first sentence, by inserting ‘‘to mitigate the effects 

24 of the applicable project on such reservation, so as to pro25 vide’’ after ‘‘deem necessary’’ in the first proviso. 

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1 (d) OPERATION OF NAVIGATION FACILITIES.—Sec2 tion 18 of the Federal Power Act (16 U.S.C. 811) is 

3 amended by adding before the period at the end of the 

4 first sentence ‘‘to mitigate effects of the applicable 

5 project’’. 

6 SEC. 3. PROTECTING AND PROMOTING SMALL AND NEXT7 GENERATION HYDROPOWER PROJECTS. 

8 (a) EXEMPTIONS FROM LICENSING REQUIREMENTS

9 FOR CERTAIN SMALL HYDROELECTRIC POWER

10 PROJECTS.—Section 405 of the Public Utility Regulatory 

11 Policies Act of 1978 (16 U.S.C. 2705) is amended by 

12 striking subsection (d) and inserting the following: 

13 ‘‘(d) EXEMPTIONS FROM LICENSING IN CERTAIN

14 CASES.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

16 and (3), the Commission may in its discretion (by 

17 rule or order), upon application and on a case-by18 case basis or on the basis of classes or categories of 

19 projects, grant an exemption in whole or in part 

20 from the requirements (including the licensing re21 quirements) of part I of the Federal Power Act to 

22 any small hydroelectric power project— 

23 ‘‘(A) having a proposed installed capacity 

24 of 10,000 kilowatts or less; or 

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1 ‘‘(B) for which a license was issued under 

2 part I of the Federal Power Act and the li3 censee applies for an exemption under this sub4 section, if— 

5 ‘‘(i) the license was issued after the 

6 date of enactment of the Electric Con7 sumers Protection Act of 1986; 

8 ‘‘(ii) the Commission determines, 

9 based on information available to the Com10 mission, that continued operation of the 

11 project is not likely to jeopardize the con12 tinued existence of any species listed as a 

13 threatened species or an endangered spe14 cies under the Endangered Species Act of 

15 1973; 

16 ‘‘(iii) the Commission determines, 

17 based on information available to the Com18 mission, that continued operation of the 

19 project is not likely to result in the de20 struction or adverse modification of an 

21 area designated as critical habitat for any 

22 species listed as a threatened species or an 

23 endangered species under the Endangered 

24 Species Act of 1973; and 

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1 ‘‘(iv) the project has an installed ca2 pacity of 15 megawatts or less. 

3 ‘‘(2) REQUIREMENTS.—An exemption granted 

4 under paragraph (1) shall be subject to the same 

5 limitations (to ensure protection for fish and wildlife 

6 as well as other environmental concerns) as those 

7 which are set forth in subsections (c) and (d) of sec8 tion 30 of the Federal Power Act with respect to de9 terminations made and exemptions granted under 

10 subsection (b) of such section 30 and subsections (c) 

11 and (d) of such section 30 shall apply with respect 

12 to actions taken and exemptions granted under this 

13 subsection. 

14 ‘‘(3) EFFECTS.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the granting of an exemp17 tion to a project under this subsection shall in 

18 no case have the effect of waiving or limiting 

19 the application (to such project) of the second 

20 sentence of subsection (b) of this section. 

21 ‘‘(B) ENVIRONMENTAL REVIEW.—An ex22 emption granted under paragraph (1)(B) shall 

23 be categorically exempt from review under the 

24 National Environmental Policy Act of 1969. 

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1 ‘‘(4) EXEMPTION PROCESS.—The Commission 

2 shall make a determination with respect to any ap3 plication for an exemption under paragraph (1)(B) 

4 not later than 90 days after submission of such ap5 plication, which period shall include notice and op6 portunity for public comment. Any exemption grant7 ed under paragraph (1)(B) shall become effective 

8 upon the expiration of the applicable existing li9 cense.’’. 

10 (b) EXPEDITED LICENSING OF NEXT-GENERATION

11 HYDROPOWER.—Part I of the Federal Power Act (16 

12 U.S.C. 792 et seq.) is amended by adding at the end the 

13 following: 

14 ‘‘SEC. 37. EXPEDITED LICENSING OF NEXT-GENERATION 

15 HYDROPOWER PROJECTS. 

16 ‘‘(a) IN GENERAL.—The Commission shall issue li17 censes for all next-generation hydropower projects in ac18 cordance with this section. 

19 ‘‘(b) DEFINITIONS.—In this section: 

20 ‘‘(1) EMERGING HYDROPOWER TECHNOLOGY

21 PROJECT.—The term ‘emerging hydropower tech22 nology project’ means a project that the Commission 

23 determines— 

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1 ‘‘(A) will produce electricity from a gener2 ator driven by a turbine that converts the po3 tential energy of falling or flowing water; 

4 ‘‘(B) will utilize turbine or generating tech5 nology, an energy storage method, or a measure 

6 to protect, mitigate, or enhance environmental 

7 resources, that is not in widespread, utility8 scale use in the United States as of the date of 

9 enactment of this section; 

10 ‘‘(C) will not be, based on information 

11 available to the Commission, likely to jeopardize 

12 the continued existence of any species listed as 

13 a threatened species or an endangered species 

14 under the Endangered Species Act of 1973; and 

15 ‘‘(D) will not be, based on information 

16 available to the Commission, likely to result in 

17 the destruction or adverse modification of an 

18 area designated as critical habitat for any spe19 cies listed as a threatened species or an endan20 gered species under the Endangered Species 

21 Act of 1973. 

22 ‘‘(2) NEXT-GENERATION HYDROPOWER

23 PROJECT.—The term ‘next-generation hydropower 

24 project’ means a project that— 

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1 ‘‘(A) is required to be licensed under this 

2 Act; 

3 ‘‘(B) is not— 

4 ‘‘(i) a qualifying conduit hydropower 

5 facility under section 30; or 

6 ‘‘(ii) exempted from licensing under— 

7 ‘‘(I) section 30; or 

8 ‘‘(II) section 405 of the Public 

9 Utility Regulatory Policies Act of 

10 1978; and 

11 ‘‘(C) is— 

12 ‘‘(i) an emerging hydropower tech13 nology project; 

14 ‘‘(ii) a qualifying facility, as defined in 

15 section 34; 

16 ‘‘(iii) a closed-loop pumped storage 

17 project under section 35; 

18 ‘‘(iv) a marine or hydrokinetic project, 

19 including a project that utilizes a wave 

20 technology, tidal technology, or in-river 

21 technology; or 

22 ‘‘(v) a hydropower facility within an 

23 irrigation, water supply, industrial, agricul24 tural, or other open or closed water con25 duit system. 

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1 ‘‘(c) EXPEDITED LICENSING PROCESS.— 

2 ‘‘(1) NOTIFICATION OF INTENT.— 

3 ‘‘(A) FILING OF NOTIFICATION.—An appli4 cant for any next-generation hydropower project 

5 shall commence the licensing process by filing a 

6 notification of intent with the Commission. 

7 ‘‘(B) DEADLINE FOR FILING.—Notwith8 standing section 15(b)(1), an applicant for a 

9 next-generation hydropower project shall file a 

10 notification of intent at least 3 years before the 

11 expiration of the existing license, if applicable. 

12 ‘‘(2) FILING OF APPLICATION.— 

13 ‘‘(A) GENERAL DEADLINE.—An applicant 

14 for a next-generation hydropower project shall 

15 submit to the Commission an application not 

16 later than 2 years after filing the notification of 

17 intent under paragraph (1). 

18 ‘‘(B) EXISTING LICENCEE DEADLINE.— 

19 Notwithstanding section 15(c)(1), an applica20 tion for any next-generation hydropower project 

21 shall be filed with the Commission at least 12 

22 months before the expiration of the term of the 

23 existing license, if applicable. 

24 ‘‘(3) DEADLINE FOR ISSUANCE.—The Commis25 sion shall take final action on a license for a nextVerDate Sep 11 2014 22:19 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1588.IH H1588
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1 generation hydropower project under this section not 

2 later than 3 years after the applicant notifies the 

3 Commission of its intent to file an application for a 

4 license, as provided under paragraph (1). 

5 ‘‘(d) REQUIREMENTS.—In issuing a license under 

6 this section the Commission and all resource agencies with 

7 regulatory responsibilities in the licensing process shall— 

8 ‘‘(1) maximize reliance on existing studies and 

9 information and require any person or agency re10 questing a new study or information to demonstrate 

11 that collection of any new data or preparation of any 

12 new study will not jeopardize the Commission’s abil13 ity to meet the licensing deadline under subsection 

14 (c)(3); 

15 ‘‘(2) consider whether obligations under the Na16 tional Environmental Protection Act of 1969 may be 

17 met through preparation of an environmental assess18 ment or supplementing a previously prepared envi19 ronmental assessment or environmental impact 

20 statement; 

21 ‘‘(3) eliminate any nonessential meetings, re22 ports, and paperwork, including interim study re23 ports and a draft license application or similar docu24 ment, without compromising effective consultation 

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1 with, and participation of, Federal and State re2 source agencies, Indian tribe, and the public; and 

3 ‘‘(4) consider existing project works and other 

4 infrastructure to be included in the environmental 

5 baseline. 

6 ‘‘(e) RULE.—Not later than 90 days after the date 

7 of enactment of this section, and after consultation with 

8 the task force described in subsection (f), which 90 days 

9 shall include public notice and opportunity for comment, 

10 the Commission shall issue a rule implementing this sec11 tion. Such rule shall include a process, not to exceed 60 

12 days, for the Commission to determine on a case-by-case 

13 basis whether a proposed or existing project qualifies as 

14 a next-generation hydropower project prior to the initi15 ation of the licensing or relicensing process. 

16 ‘‘(f) TASK FORCE.—The Commission shall convene a 

17 task force, with appropriate Federal and State agencies, 

18 Indian tribes, and licensees under this part represented, 

19 to coordinate the regulatory processes associated with the 

20 authorizations required to license next-generation hydro21 power projects pursuant to this section. 

22 ‘‘(g) CHOICE OF PROCESS.—An applicant for a 

23 licence for a project described in clause (ii) or (iii) of sub24 section (b)(2)(C) may elect to apply under this section or 

25 under section 34 or 35, as applicable.’’. 

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1 SEC. 4. IDENTIFYING AND REMOVING MARKET BARRIERS 

2 TO HYDROPOWER. 

3 (a) REPORT ON HYDROPOWER BARRIERS.— 

4 (1) IN GENERAL.—Not later than 270 days 

5 after the date of enactment of this Act, the Federal 

6 Energy Regulatory Commission, in consultation with 

7 the Secretary of Energy, shall submit to the Com8 mittee on Energy and Natural Resources of the Sen9 ate and the Committee on Energy and Commerce of 

10 the House of Representatives a report— 

11 (A) describing any barriers to the develop12 ment and proper compensation of conventional, 

13 storage, conduit, and emerging hydropower 

14 technologies caused by— 

15 (i) rules of Transmission Organiza16 tions (as defined in section 3 of the Fed17 eral Power Act (16 U.S.C. 796)); 

18 (ii) regulations or policies— 

19 (I) of the Commission; or 

20 (II) under the Federal Power Act 

21 (16 U.S.C. 791a et seq.); or 

22 (iii) other Federal and State laws and 

23 policies unique to hydropower development, 

24 operation, and regulation, as compared to 

25 other sources of electricity; 

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1 (B) containing recommendations of the 

2 Commission for reducing barriers described in 

3 subparagraph (A) across regulatory and market 

4 sectors; 

5 (C) identifying and determining any regu6 latory, market, procurement, or cost recovery 

7 mechanisms that would— 

8 (i) encourage development of conven9 tional, storage, conduit, and emerging hy10 dropower technologies; and 

11 (ii) properly compensate conventional, 

12 storage, conduit, and emerging hydropower 

13 technologies for the full range of services 

14 provided to the electric grid, including— 

15 (I) balancing electricity supply 

16 and demand; 

17 (II) ensuring grid reliability; 

18 (III) providing ancillary services; 

19 (IV) contributing to the decar20 bonization of the electric grid; and 

21 (V) integrating intermittent 

22 power sources into the grid in a cost23 effective manner; and 

24 (D) identifying ownership and development 

25 models that could reduce barriers to the 

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1 development of conventional, storage, conduit, 

2 and emerging hydropower technologies, includ3 ing— 

4 (i) opportunities for risk-sharing 

5 mechanisms and partnerships, including 

6 co-ownership models; and 

7 (ii) opportunities to foster lease-sale 

8 and lease-back arrangements with publicly 

9 owned electric utilities. 

10 (2) COMMISSION PROCEEDINGS.—The Commis11 sion shall base the report under paragraph (1) on 

12 the findings of the Commission in— 

13 (A) Docket No. AD16–20; 

14 (B) Docket No. RM16–23; and 

15 (C) any other relevant proceedings. 

16 (3) TECHNICAL CONFERENCE AND PUBLIC

17 COMMENT.—In preparing the report under para18 graph (1), the Commission shall solicit public input, 

19 including by convening a technical conference and 

20 providing an opportunity for public submission of 

21 written comments on a draft report. 

22 (b) DEFINITIONS.—In this section: 

23 (1) ANCILLARY SERVICES.—The term ‘‘ancil24 lary services’’ means the specialty services and func25 tions provided by the electric grid that facilitate and 

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1 support the continuous flow of electricity so that 

2 supply will continually meet demand, including— 

3 (A) autonomous dynamic voltage support; 

4 (B) balancing; 

5 (C) black start capabilities; 

6 (D) frequency control; 

7 (E) load following; 

8 (F) operating, flexibility, contingency, and 

9 other reserves; 

10 (G) reactive power; and 

11 (H) synchronized regulation. 

12 (2) CONVENTIONAL, STORAGE, CONDUIT, AND

13 EMERGING HYDROPOWER TECHNOLOGIES.—The 

14 term ‘‘conventional, storage, conduit, and emerging 

15 hydropower technologies’’ means hydropower in all 

16 its forms and modes of operation, including— 

17 (A) the use of dams or similar infrastruc18 ture to store water in a reservoir or divert flows 

19 from a waterway, and to release stored or di20 verted water through a turbine to generate elec21 tricity according to any mode of operation, such 

22 as run-of-river, peaking, reregulating, storage, 

23 or load following; 

24 (B) a configuration of two water reservoirs 

25 at different elevations that can generate power 

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1 as water moves down through a turbine, and 

2 pump water back to the upper reservoir when 

3 the turbine operations are reversed, including 

4 both closed- and open-loop systems; 

5 (C) marine and hydrokinetic technologies, 

6 including wave, tidal, and in-river systems; 

7 (D) mini- and micro-hydropower facilities 

8 within irrigation, water supply, industrial, agri9 cultural, or other open or closed water conduit 

10 systems; and 

11 (E) other facilities that produce electricity 

12 from generators driven by turbines that convert 

13 the potential energy of falling or flowing water. 

14 SEC. 5. MODERNIZING HYDROPOWER LICENSING. 

15 Part I of the Federal Power Act (16 U.S.C. 792 et 

16 seq.) is further amended by adding at the end the fol17 lowing: 

18 ‘‘SEC. 38. LICENSING PROCESS COORDINATION AND IM19 PROVEMENT. 

20 ‘‘(a) DEFINITION OF FEDERAL AUTHORIZATION.—In 

21 this section, the term ‘Federal authorization’ means any 

22 authorization required under Federal law (including any 

23 license, condition of any license by a Secretary under sec24 tion 4(e), prescription submitted by a Secretary under sec25 tion 18, permit, special use authorization, certification, 

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1 opinion, consultation, determination, or other approval) 

2 with respect to an application for a license under this part. 

3 ‘‘(b) DESIGNATION AS LEAD AGENCY.— 

4 ‘‘(1) IN GENERAL.—The Commission shall act 

5 at the lead agency for purposes of all applicable 

6 Federal authorizations (including for purposes of 

7 complying with the National Environmental Policy 

8 Act of 1969), and for purposes of complying with 

9 any required State or local environmental reviews. 

10 ‘‘(2) OTHER AGENCIES.—Each Federal, State, 

11 and local government agency considering an aspect 

12 of an application for a Federal authorization shall 

13 coordinate with the Commission and comply with the 

14 deadline established in the schedule developed for 

15 the license under this part, in accordance with the 

16 rule issued under subsection (d)(2)(C). 

17 ‘‘(c) USE OF EXISTING STUDIES.— 

18 ‘‘(1) IN GENERAL.—To the maximum extent 

19 practicable and in accordance with the best available 

20 science, the Commission and other Federal and 

21 State agencies with a responsibility for a Federal au22 thorization shall— 

23 ‘‘(A) use relevant existing studies and 

24 data; and 

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1 ‘‘(B) avoid duplicating current, existing 

2 studies that are applicable to the relevant 

3 project. 

4 ‘‘(2) DEMONSTRATION.—When requiring any 

5 new study or collection of information, the Commis6 sion or other Federal or State agency with a respon7 sibility for a Federal authorization shall— 

8 ‘‘(A) explain how the new study or other 

9 information is necessary to support the agency’s 

10 decision making with respect to the Federal au11 thorization; 

12 ‘‘(B) identify how existing information rea13 sonably available to the agency is inadequate to 

14 support the agency’s decision making with sub15 stantial evidence; and 

16 ‘‘(C) include an analysis of how the value 

17 of the required new study or other information 

18 outweighs the cost of producing it. 

19 ‘‘(d) SCHEDULE.— 

20 ‘‘(1) TIMING FOR ISSUANCE.—It is the sense of 

21 Congress that, except as otherwise provided in this 

22 part, all Federal authorizations required for a 

23 project should be issued within a reasonable time, so 

24 as to facilitate a final Commission licensing decision 

25 within 2 years after the date on which the license 

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1 application for the project under this part is consid2 ered to be complete by the Commission. 

3 ‘‘(2) COMMISSION SCHEDULE.— 

4 ‘‘(A) IN GENERAL.—The Commission, in 

5 accordance with the rule issued under subpara6 graph (C), shall— 

7 ‘‘(i) establish a schedule for— 

8 ‘‘(I) all filings and issuances nec9 essary and appropriate for its issu10 ance of a license issued under this 

11 part; and 

12 ‘‘(II) the issuance of all Federal 

13 authorizations for the applicable 

14 project; and 

15 ‘‘(ii) issue such schedule when the 

16 Commission determines that the license ap17 plication for the project is ready for envi18 ronmental analysis. 

19 ‘‘(B) REQUIREMENTS.—In establishing the 

20 schedule under subparagraph (A), the Commis21 sion shall— 

22 ‘‘(i) consult and cooperate with the 

23 Federal and State agencies responsible for 

24 a Federal authorization; 

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1 ‘‘(ii) ensure the expeditious comple2 tion of all proceedings relating to a Fed3 eral authorization; and 

4 ‘‘(iii) comply with applicable schedules 

5 established by Federal law with respect to 

6 a Federal authorization. 

7 ‘‘(C) RULEMAKING.— 

8 ‘‘(i) COMMISSION RULEMAKING TO ES9 TABLISH PROCESS TO SET SCHEDULE.— 

10 Not later than 180 days after the date of 

11 enactment of this section, the Commission, 

12 in consultation with appropriate Federal 

13 and State agencies and after providing no14 tice and opportunity for public comment, 

15 shall issue a final rule establishing a proc16 ess for setting a schedule under subpara17 graph (A). 

18 ‘‘(ii) CONSIDERATIONS.—In issuing a 

19 rule under this subparagraph, the Commis20 sion shall ensure that the schedule for each 

21 Federal authorization— 

22 ‘‘(I) includes deadlines for ac23 tions by— 

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1 ‘‘(aa) any Federal or State 

2 agency with responsibilities for a 

3 Federal authorization; 

4 ‘‘(bb) the applicant; 

5 ‘‘(cc) the Commission; and 

6 ‘‘(dd) other agencies and 

7 participants in a proceeding; 

8 ‘‘(II) is developed in consultation 

9 with the applicant and any Federal or 

10 State agency with responsibility for 

11 the applicable Federal authorization; 

12 ‘‘(III) provides an opportunity 

13 for any Federal or State agency with 

14 responsibility for a Federal authoriza15 tion to identify and resolve issues of 

16 concern, consistent with subsections 

17 (e) and (f); 

18 ‘‘(IV) complies with applicable 

19 schedules established under Federal 

20 law; 

21 ‘‘(V) ensures expeditious comple22 tion of all proceedings required under 

23 Federal and State law, to the max24 imum extent practicable; and 

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1 ‘‘(VI) facilitates completion of 

2 Federal and State agency studies, re3 views, and any other procedures re4 quired prior to, or concurrent with, 

5 the preparation of the environmental 

6 document of the Commission required 

7 under the National Environmental 

8 Policy Act of 1969, to the maximum 

9 extent practicable. 

10 ‘‘(3) ADHERENCE TO SCHEDULE.— 

11 ‘‘(A) IN GENERAL.—The Commission, 

12 Federal, and State agencies with responsibility 

13 for a Federal authorization, the license appli14 cant, and all other agencies and other partici15 pants in proceedings for Federal authorizations 

16 for the project shall meet the deadlines estab17 lished by the schedule developed under para18 graph (2). 

19 ‘‘(B) EXTENSION OF SCHEDULE DEAD20 LINES.— 

21 ‘‘(i) FEDERAL AUTHORIZATIONS.—A 

22 Federal or State agency that is unable to 

23 complete its disposition of a Federal au24 thorization by the deadline set forth in the 

25 schedule established by the Commission 

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1 under paragraph (2) shall, not later than 

2 30 days prior to such deadline, file for an 

3 extension with the Commission. The Com4 mission shall issue a one-time extension of 

5 up to 90 days to any such Federal or State 

6 agency upon a demonstration of good 

7 cause. 

8 ‘‘(ii) OTHER EXTENSIONS.—The Com9 mission may grant extensions requested by 

10 the license applicant or other licensing par11 ticipants to facilitate settlement, address 

12 unforeseen circumstances, or accommodate 

13 other showings of good cause if the Com14 mission determines that any such extension 

15 would reduce the overall time period for 

16 decision making on required Federal au17 thorizations for the project, increase the 

18 administrative efficiency of the processes 

19 for Federal authorizations, or improve the 

20 quality of information available to Federal 

21 and State agencies with a responsibility for 

22 a Federal authorization. 

23 ‘‘(iii) REISSUANCE OF SCHEDULE.—If 

24 the Commission grants an extension under 

25 this paragraph, the Commission shall reVerDate Sep 11 2014 22:19 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1588.IH H1588
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1 issue the schedule and applicable deadlines 

2 to reflect the extension of time granted. 

3 ‘‘(C) LIMITATION.—Notwithstanding the 

4 Commission’s authority to extend the schedule 

5 as provided in subparagraph (B), the Commis6 sion shall not grant any extension that would 

7 increase by 1 year or longer the time period in 

8 the original schedule issued under paragraph 

9 (2) for obtaining all Federal authorizations for 

10 the applicable project. 

11 ‘‘(4) FAILURE TO MEET SCHEDULE DEAD12 LINES.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (C), if a Federal or State agency fails to 

15 complete its disposition of a Federal authoriza16 tion in accordance with the schedule deadline 

17 established under paragraph (2) (as may be ex18 tended under paragraph (3))— 

19 ‘‘(i) in the case of a Federal agency, 

20 $5,000 of unobligated funds shall be re21 scinded; or 

22 ‘‘(ii) in the case of a State agency, 

23 $5,000 of unobligated funds shall be re24 scinded from Federal fish and wildlife or 

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1 water resources funding programs to the 

2 State. 

3 ‘‘(B) SUBSEQUENT RESCISSION.—Subject 

4 to subparagraph (C), for each additional week 

5 after any deadline established by the Commis6 sion under paragraph (2) (as may be extended 

7 under paragraph (3)) remains uncompleted by a 

8 Federal or State agency with a responsibility 

9 for a Federal authorization, an additional re10 scission of $5,000 shall occur as provided in 

11 subparagraph (A). 

12 ‘‘(C) MAXIMUM ANNUAL RESCISSION.—For 

13 each individual Federal authorization for a 

14 project, the total amounts rescinded under sub15 paragraphs (A) and (B) shall not exceed, in any 

16 fiscal year, $100,000. 

17 ‘‘(D) LIMITATION.—No head of a Federal 

18 or State department or agency shall reprogram 

19 funds from another Federal account or program 

20 for the loss of the funds under this paragraph. 

21 No head of a Federal or State agency shall re22 port or include any rescinded funds as an ad23 ministrative cost for purposes of annual charges 

24 under section 10(e). 

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1 ‘‘(e) INCONSISTENT OR CONFLICTING LICENSE

2 TERMS.— 

3 ‘‘(1) CONSULTATION TO RESOLVE INCONSIST4 ENCY OR CONFLICT.— 

5 ‘‘(A) IN GENERAL.—If a term or condition 

6 of a Federal authorization submitted for inclu7 sion in a license under this part conflicts or is 

8 otherwise inconsistent with another such term 

9 or condition, the Commission shall initiate and 

10 facilitate consultation between the Federal or 

11 State resource agencies submitting conflicting 

12 or inconsistent terms or conditions, to attempt 

13 to resolve the inconsistency or conflict, includ14 ing with any such conditions recommended for 

15 inclusion in the license by the Commission. 

16 ‘‘(B) MEETINGS.—The consultation period 

17 under this subsection shall extend up to 90 

18 days and shall include at least one technical 

19 conference or similar meeting. The Commission 

20 shall issue notice of any such conference or 

21 other consultation meeting, which shall be open 

22 to participation by the license applicant, other 

23 agencies, and other licensing participants. 

24 ‘‘(C) AMENDMENT AND REISSUANCE.—If 

25 the agencies submitting the terms or conditions 

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1 resolve the inconsistency or conflict, the Com2 mission and other consulting agencies shall set 

3 a reasonable schedule and deadline, that is not 

4 later than 90 days after the conclusion of the 

5 consultation, for the agencies to amend and re6 issue their Federal authorizations to reflect the 

7 resolution, as appropriate. 

8 ‘‘(2) RESOLUTION OF INCONSISTENCY OR CON9 FLICT.— 

10 ‘‘(A) STATEMENTS.—If agencies are un11 able to resolve an inconsistency or conflict 

12 under paragraph (1), not later than 30 days 

13 after the conclusion of the consultation process 

14 under such paragraph, the agencies shall sub15 mit to the public record maintained by the 

16 Commission a statement that identifies the in17 consistency or conflict, explains the position 

18 taken by each agency causing the inconsistency 

19 or conflict, and provides an analysis, supported 

20 by information in the public record, of the fac21 tual basis for the inconsistent or conflicting po22 sition taken by each agency. 

23 ‘‘(B) REFERRAL.—Following such submis24 sion, the Commission shall refer the matter for 

25 resolution as provided in subsection (f). 

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1 ‘‘(f) RESOLUTION OF INTERAGENCY DISPUTES.— 

2 ‘‘(1) REFERRAL TO OMB.—For any dispute 

3 under subsections (c), (d), or (e) among Federal and 

4 State agencies with responsibility for a Federal au5 thorization, as well as any dispute between any such 

6 agency and the license applicant, the Commission 

7 may, upon its own motion or the request of the head 

8 of any such agency or the license applicant, refer the 

9 matter to the Director of the Office of Management 

10 and Budget. 

11 ‘‘(2) ACTION BY OMB.—With respect to any dis12 pute referred to the Director under paragraph (1), 

13 the Director, in consultation with the Chair of the 

14 Council on Environmental Quality, shall act as ap15 propriate— 

16 ‘‘(A) to ensure a timely participation; 

17 ‘‘(B) to ensure a timely decision; 

18 ‘‘(C) to mediate the dispute; or 

19 ‘‘(D) to refer the matter to the President. 

20 ‘‘(3) PARTICIPATION.—The license applicant 

21 and other interested participants shall be provided 

22 the opportunity to participate in the resolution of 

23 any issues under this subsection.’’. 

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