I 

115TH CONGRESS 

1ST SESSION H. R. 4696 

To amend the Federal Power Act to promote hydropower development at 

existing nonpowered dams, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2017 

Mr. BUCSHON introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Federal Power Act to promote hydropower 

development at existing nonpowered dams, and for other 

purposes. 

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 ‘‘Promoting Hydro5 power Development at Existing Nonpowered Dams Act’’. 

6 SEC. 2. PROMOTING HYDROPOWER DEVELOPMENT AT EX7 ISTING NONPOWERED DAMS. 

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

9 seq.) is amended by adding at the end the following: 


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1 ‘‘SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT 

2 EXISTING NONPOWERED DAMS. 

3 ‘‘(a) EXPEDITED LICENSING PROCESS FOR NON4 FEDERAL HYDROPOWER PROJECTS AT EXISTING NON5 POWERED DAMS.— 

6 ‘‘(1) IN GENERAL.—As provided in this section, 

7 the Commission may issue and amend licenses and 

8 preliminary permits, as appropriate, for any facility 

9 the Commission determines is a qualifying facility. 

10 ‘‘(2) RULE.—Not later than 180 days after the 

11 date of enactment of this section, the Commission 

12 shall issue a rule establishing an expedited process 

13 for issuing and amending licenses and preliminary 

14 permits for qualifying facilities under this section. 

15 ‘‘(3) INTERAGENCY TASK FORCE.—In estab16 lishing the expedited process under this section, the 

17 Commission shall convene an interagency task force, 

18 with appropriate Federal and State agencies and In19 dian tribes represented, to coordinate the regulatory 

20 processes associated with the authorizations required 

21 to construct and operate a qualifying facility. 

22 ‘‘(4) LENGTH OF PROCESS.—The Commission 

23 shall ensure that the expedited process under this 

24 section will result in a final decision on an applica25 tion for a license by not later than 2 years after re26 ceipt of a completed application for the license. 


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1 ‘‘(b) DAM SAFETY.— 

2 ‘‘(1) ASSESSMENT.—Before issuing any license 

3 for a qualifying facility, the Commission shall assess 

4 the safety of existing non-Federal dams and other 

5 non-Federal structures related to the qualifying fa6 cility (including possible consequences associated 

7 with failure of such structures). 

8 ‘‘(2) REQUIREMENTS.—In issuing any license 

9 for a qualifying facility, the Commission shall ensure 

10 that the Commission’s dam safety requirements 

11 apply to such qualifying facility, and the associated 

12 qualifying nonpowered dam, over the term of such li13 cense. 

14 ‘‘(c) INTERAGENCY COMMUNICATIONS.—Interagency 

15 cooperation in the preparation of environmental docu16 ments under the National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.) with respect to an applica18 tion for a license for a qualifying facility under this sec19 tion, and interagency communications relating to licensing 

20 process coordination pursuant to this section, shall not— 

21 ‘‘(1) be considered to be ex parte communica22 tions under Commission rules; or 

23 ‘‘(2) preclude an agency from participating in a 

24 licensing proceeding under this part. 

25 ‘‘(d) DEFINITIONS.—For purposes of this section: 


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1 ‘‘(1) QUALIFYING CRITERIA.—The term ‘quali2 fying criteria’ means, with respect to a facility— 

3 ‘‘(A) as of the date of enactment of this 

4 section, the facility is not licensed under, or ex5 empted from the license requirements contained 

6 in, this part; 

7 ‘‘(B) the facility will be associated with a 

8 qualifying nonpowered dam; 

9 ‘‘(C) the facility will be constructed, oper10 ated, and maintained for the generation of elec11 tric power; 

12 ‘‘(D) the facility will use for such genera13 tion any withdrawals, diversions, releases, or 

14 flows from the associated qualifying nonpow15 ered dam, including its associated impoundment 

16 or other infrastructure; and 

17 ‘‘(E) the operation of the facility will not 

18 result in any material change to the storage, re19 lease, or flow operations of the associated quali20 fying nonpowered dam. 

21 ‘‘(2) QUALIFYING FACILITY.—The term ‘quali22 fying facility’ means a facility that is determined 

23 under this section to meet the qualifying criteria. 


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1 ‘‘(3) QUALIFYING NONPOWERED DAM.—The 

2 term ‘qualifying nonpowered dam’ means any dam, 

3 dike, embankment, or other barrier— 

4 ‘‘(A) the construction of which was com5 pleted on or before the date of enactment of 

6 this section; 

7 ‘‘(B) that is or was operated for the con8 trol, release, or distribution of water for agri9 cultural, municipal, navigational, industrial, 

10 commercial, environmental, recreational, aes11 thetic, drinking water, or flood control pur12 poses; and 

13 ‘‘(C) that, as of the date of enactment of 

14 this section, is not generating electricity with 

15 hydropower generating works that are licensed 

16 under, or exempted from the license require17 ments contained in, this part.’’. 

18 SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES. 

19 Section 10(e) of the Federal Power Act (16 U.S.C. 

20 803(e)) is amended by adding at the end the following: 

21 ‘‘(5) Any obligation of a licensee for payment of an22 nual charges under this subsection shall commence when 

23 the construction of the applicable facility commences.’’. 

Æ 


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