HR 2872 RFS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Hydro-
power 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 
EXISTING NONPOWERED DAMS. 
‘‘(a) EXPEDITED LICENSING PROCESS
FOR NON- 
FEDERAL HYDROPOWER PROJECTS AT EXISTING NON-
POWERED 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 
permits for qualifying facilities under this section. 
‘‘(3) INTERAGENCY
TASK
FORCE.—In estab-
lishing the expedited process under this section, the 
Commission shall convene an interagency task force, 
with appropriate Federal and State agencies and In-
dian tribes represented, to coordinate the regulatory 
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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 
section will result in a final decision on an applica-
tion for a license by not later than 2 years after re-
ceipt 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 fa-
cility (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 
qualifying nonpowered dam, over the term of such li-
cense. 
‘‘(c) INTERAGENCY COMMUNICATIONS.—Interagency 
cooperation in the preparation of environmental docu-
ments under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) with respect to an applica-
tion for a license for a qualifying facility under this sec-
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tion, and interagency communications relating to licensing 
process coordination pursuant to this section, shall not— 
‘‘(1) be considered to be ex parte communica-
tions under Commission rules; or 
‘‘(2) preclude an agency from participating in a 
licensing proceeding under this part. 
‘‘(d) IDENTIFICATION OF NONPOWERED DAMS FOR 
HYDROPOWER 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 charac-
terize environmental, cultural, and historic re-
sources relating to the dam. 
‘‘(D) The effects of hydropower develop-
ment 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 
section, 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 nonpow-
ered 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 con-
trol, release, or distribution of water for agri-
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cultural, municipal, navigational, industrial, 
commercial, environmental, recreational, aes-
thetic, drinking water, or flood control pur-
poses; and 
‘‘(C) that, as of the date of enactment of 
this section, is not generating electricity with 
hydropower generating works that are licensed 
under, or exempted from the license require-
ments contained 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.’’. 
Passed the House of Representatives December 12, 
2017. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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