Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Hydropower 
Development at Existing Nonpowered Dams Act’’. 
SEC. 2. PROMOTING HYDROPOWER DEVELOPMENT AT EX-
ISTING NONPOWERED DAMS. 
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT EX-
ISTING NONPOWERED DAMS. 
‘‘(a) EXPEDITED LICENSING PROCESS FOR NON-FED-
ERAL HYDROPOWER PROJECTS AT EXISTING NONPOWERED 
DAMS.— 
‘‘(1) IN GENERAL.—As provided in this section, 
the Commission may issue and amend licenses and 
preliminary permits, as appropriate, for any facility 
the Commission determines is a qualifying facility. 
‘‘(2) RULE.—Not later than 180 days after the 
date of enactment of this section, the Commission 
shall issue a rule establishing an expedited process for 
issuing and amending licenses and preliminary per-
mits for qualifying facilities under this section. 
‘‘(3) INTERAGENCY
TASK
FORCE.—In estab-
lishing the expedited process under this section, the 
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Commission shall convene an interagency task force, 
with appropriate Federal and State agencies and In-
dian tribes represented, to coordinate the regulatory 
processes associated with the authorizations required 
to construct and operate a qualifying facility. 
‘‘(4) LENGTH
OF
PROCESS.—The Commission 
shall ensure that the expedited process under this sec-
tion will result in a final decision on an application 
for a license by not later than 2 years after receipt 
of a completed application for the license. 
‘‘(b) DAM SAFETY.— 
‘‘(1) ASSESSMENT.—Before issuing any license 
for a qualifying facility, the Commission shall assess 
the safety of existing non-Federal dams and other 
non-Federal structures related to the qualifying facil-
ity (including possible consequences associated with 
failure of such structures). 
‘‘(2) REQUIREMENTS.—In issuing any license for 
a qualifying facility, the Commission shall ensure 
that the Commission’s dam safety requirements apply 
to such qualifying facility, and the associated quali-
fying nonpowered dam, over the term of such license. 
‘‘(c) INTERAGENCY
COMMUNICATIONS.—Interagency 
cooperation in the preparation of environmental documents 
under the National Environmental Policy Act of 1969 (42 
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U.S.C. 4321 et seq.) with respect to an application for a 
license for a qualifying facility under this section, and 
interagency communications relating to licensing process 
coordination pursuant to this section, shall not— 
‘‘(1) be considered to be ex parte communications 
under Commission rules; or 
‘‘(2) preclude an agency from participating in a 
licensing proceeding under this part. 
‘‘(d) IDENTIFICATION OF NONPOWERED DAMS FOR HY-
DROPOWER DEVELOPMENT.— 
‘‘(1) IN GENERAL.—Not later than 12 months 
after the date of enactment of this section, the Com-
mission, with the Secretary of the Army, the Sec-
retary of the Interior, and the Secretary of Agri-
culture, shall jointly develop a list of existing non-
powered Federal dams that the Commission and the 
Secretaries agree have the greatest potential for non- 
Federal hydropower development. 
‘‘(2) CONSIDERATIONS.—In developing the list 
under paragraph (1), the Commission and the Secre-
taries may consider the following: 
‘‘(A) The compatibility of hydropower gen-
eration with existing purposes of the dam. 
‘‘(B) The proximity of the dam to existing 
transmission resources. 
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‘‘(C) The existence of studies to characterize 
environmental, cultural, and historic resources 
relating to the dam. 
‘‘(D) The effects of hydropower development 
on release or flow operations of the dam. 
‘‘(3) AVAILABILITY.—The Commission shall— 
‘‘(A) provide the list developed under para-
graph (1) to— 
‘‘(i) the Committee on Energy and 
Commerce, the Committee on Transpor-
tation and Infrastructure, and the Com-
mittee on Natural Resources, of the House 
of Representatives; and 
‘‘(ii) the Committee on Environment 
and Public Works, and the Committee on 
Energy and Natural Resources, of the Sen-
ate; and 
‘‘(B) make such list available to the public. 
‘‘(e) DEFINITIONS.—For purposes of this section: 
‘‘(1) QUALIFYING CRITERIA.—The term ‘quali-
fying criteria’ means, with respect to a facility— 
‘‘(A) as of the date of enactment of this sec-
tion, the facility is not licensed under, or ex-
empted from the license requirements contained 
in, this part; 
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‘‘(B) the facility will be associated with a 
qualifying nonpowered dam; 
‘‘(C) the facility will be constructed, oper-
ated, and maintained for the generation of elec-
tric power; 
‘‘(D) the facility will use for such genera-
tion any withdrawals, diversions, releases, or 
flows from the associated qualifying nonpowered 
dam, including its associated impoundment or 
other infrastructure; and 
‘‘(E) the operation of the facility will not 
result in any material change to the storage, re-
lease, or flow operations of the associated quali-
fying nonpowered dam. 
‘‘(2) QUALIFYING
FACILITY.—The term ‘quali-
fying facility’ means a facility that is determined 
under this section to meet the qualifying criteria. 
‘‘(3) QUALIFYING NONPOWERED DAM.—The term 
‘qualifying nonpowered dam’ means any dam, dike, 
embankment, or other barrier— 
‘‘(A) the construction of which was com-
pleted on or before the date of enactment of this 
section; 
‘‘(B) that is or was operated for the control, 
release, or distribution of water for agricultural, 
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municipal, navigational, industrial, commercial, 
environmental, recreational, aesthetic, drinking 
water, or flood control purposes; and 
‘‘(C) that, as of the date of enactment of this 
section, is not generating electricity with hydro-
power generating works that are licensed under, 
or exempted from the license requirements con-
tained in, this part.’’. 
SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES. 
Section 10(e) of the Federal Power Act (16 U.S.C. 
803(e)) is amended by adding at the end the following: 
‘‘(5) Any obligation of a licensee for payment of an-
nual charges under this subsection shall commence when the 
construction of the applicable facility commences.’’. 
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Union Calendar No. 343 
115TH CONGRESS 
1ST SESSION 
H. R. 2872 
[Report No. 115–461, Part I] 
A BILL 
To amend the Federal Power Act to promote hy-
dropower development at existing nonpowered 
dams, and for other purposes. 
DECEMBER 12, 2017 
Reported with an amendment and referred to the Com-
mittee on Natural Resources and the Committee on 
Transportation and Infrastructure for a period ending 
not later than December 12, 2017, for consideration of 
such provisions of the bill and amendment as fall with-
in the jurisdiction of those committees under clause 
1(m) and 1(r), of rule X respectively 
DECEMBER 12, 2017 
The Committees on Natural Resources and Transpor-
tation and Infrastructure discharged; committed to the 
Committee of the Whole House on the State of the 
Union and ordered to be printed 
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