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. 
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: 
VerDate Sep 11 2014 
03:24 Dec 21, 2017
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4696.IH
H4696
SSpencer on DSKBBXCHB2PROD with BILLS
‘‘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 
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. 
VerDate Sep 11 2014 
03:24 Dec 21, 2017
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4696.IH
H4696
SSpencer on DSKBBXCHB2PROD with BILLS
‘‘(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-
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) DEFINITIONS.—For purposes of this section: 
VerDate Sep 11 2014 
03:24 Dec 21, 2017
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4696.IH
H4696
SSpencer on DSKBBXCHB2PROD with BILLS
‘‘(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-
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.’’. 
Æ 
VerDate Sep 11 2014 
03:24 Dec 21, 2017
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H4696.IH
H4696
SSpencer on DSKBBXCHB2PROD with BILLS