I 
115TH CONGRESS 
1ST SESSION H. R. 2872 
To amend the Federal Power Act to promote hydropower development at 
existing nonpowered dams, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 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. 
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 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: 
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‘‘SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT 
EXISTING NONPOWERED DAMS. 
‘‘(a) EXEMPTIONS FOR QUALIFYING FACILITIES.— 
‘‘(1) EXEMPTION QUALIFICATIONS.—Subject to 
the requirements of this subsection, the Commission 
may grant an exemption in whole or in part from 
the requirements of this part, including any license 
requirements contained in this part, to any facility 
the Commission determines is a qualifying facility. 
‘‘(2) CONSULTATION
WITH
FEDERAL
AND 
STATE AGENCIES.—In granting any exemption under 
this subsection, the Commission shall consult with— 
‘‘(A) the United States Fish and Wildlife 
Service, the National Marine Fisheries Service, 
and the State agency exercising administrative 
control over the fish and wildlife resources of 
the State in which the facility will be located, 
in the manner provided by the Fish and Wild-
life Coordination Act; 
‘‘(B) any Federal department supervising 
any public lands or reservations occupied by the 
project; and 
‘‘(C) any Indian tribe affected by the 
project. 
‘‘(3) EXEMPTION CONDITIONS.— 
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‘‘(A) IN GENERAL.—The Commission shall 
include in any exemption granted under this 
subsection only such terms and conditions that 
the Commission determines are— 
‘‘(i) necessary to protect public safety; 
or 
‘‘(ii) reasonable, economically feasible, 
and essential to prevent loss of or damage 
to, or to mitigate adverse effects on, fish 
and wildlife resources directly caused by 
the construction and operation of the 
qualifying facility, as compared to the envi-
ronmental baseline existing at the time the 
Commission grants the exemption. 
‘‘(B) NO
CHANGES
TO
RELEASE
RE-
GIME.—No Federal authorization required with 
respect to a qualifying facility, including an ex-
emption granted by the Commission under this 
subsection, may include any condition or other 
requirement that results in any material change 
to the storage, control, withdrawal, diversion, 
release, or flow operations of the associated 
qualifying nonpowered dam. 
‘‘(4) ENVIRONMENTAL REVIEW.—The Commis-
sion’s environmental review under the National En-
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to consumers of power due to such charges. The pro-
ceeds of charges made by the Commission under this 
paragraph shall be paid into the Treasury of the 
United States and credited to miscellaneous receipts. 
Subject to annual appropriation Acts, such proceeds 
shall be available to Federal and State fish and wild-
life agencies for purposes of carrying out specific en-
vironmental enhancement projects in watersheds in 
which one or more facilities exempted under this 
subsection are located. Not later than 180 days after 
the date of enactment of this section, the Commis-
sion shall establish rules, after notice and oppor-
tunity for public comment, for the collection and ad-
ministration of annual charges under this para-
graph. 
‘‘(7) EFFECT OF JURISDICTION.—The jurisdic-
tion of the Commission over any qualifying facility 
exempted under this subsection shall extend only to 
the qualifying facility exempted and any associated 
primary transmission line, and shall not extend to 
any conduit, dam, impoundment, shoreline or other 
land, or any other project work associated with the 
qualifying facility exempted under this subsection. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
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‘‘(1) FEDERAL
AUTHORIZATION.—The term 
‘Federal authorization’— 
‘‘(A) means any authorization required 
under Federal law with respect to an applica-
tion for a license, license amendment, or exemp-
tion under this part; and 
‘‘(B) includes any permits, special use au-
thorizations, certifications, opinions, or other 
approvals as may be required under Federal law 
to approve or implement the license, license 
amendment, or exemption under this part. 
‘‘(2) 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; 
‘‘(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-
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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, 
control, withdrawal, diversion, release, or flow 
operations of the associated qualifying nonpow-
ered dam. 
‘‘(3) QUALIFYING FACILITY.—The term ‘quali-
fying facility’ means a facility that is determined 
under this section to meet the qualifying criteria. 
‘‘(4) 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 operated for the control, re-
lease, or distribution of water for agricultural, 
municipal, navigational, industrial, commercial, 
environmental, recreational, aesthetic, or flood 
control purposes; 
‘‘(C) that, as of the date of enactment of 
this section, is not equipped with hydropower 
generating works that are licensed under, or ex-
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empted from the license requirements contained 
in, this part; and 
‘‘(D) that, in the case of a non-Federal 
dam, has been certified by an independent con-
sultant approved by the Commission as com-
plying with the Commission’s dam safety re-
quirements.’’. 
Æ 
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