For years, Congress has expressed interest in hydropower—the generation of electricity from flowing water. In particular, it has focused on the regulation and development of nonfederal hydropower, as well as on the environmental impacts of hydropower. Additionally, discussions have taken place between Congress, the executive branch, and several stakeholder groups—including industry associations, state governments, and tribes, among others—about various issues with hydropower (e.g., the time to issue a license, resource agency conditions, whether hydropower should be considered renewable). Recently, both chambers of the 114 th Congress passed energy bills containing hydropower provisions that could potentially transform hydropower regulation and development to an extent not observed by the industry in some time (e.g., by changing certain parts of the licensing process). This report analyzes pertinent components of the hydropower provisions in the North American Energy Security and Infrastructure Act of 2016 ( S. 2012 , as engrossed in the House; referred to herein as the House version) and the Energy Policy Modernization Act of 2016 ( S. 2012 , as engrossed in the Senate; referred to herein as the Senate version). The report briefly describes some of the current statutory requirements related to certain provisions. It does not provide a comprehensive examination of each hydropower provision, nor does it provide a comprehensive examination of how proponents or opponents regard individual provisions. Both the Senate and the House versions of S. 2012 generally seek to modify regulation and development processes for nonfederal hydropower. The regulation and development provisions in both bills broadly address three primary objectives: 1) establish a more explicit timeline for the regulation of nonfederal hydropower projects (e.g., issuing a project license or an extension); 2) appoint more definitively the Federal Energy Regulatory Commission (FERC) as the lead agency for nonfederal hydropower facility regulation; and 3) require FERC—and other agencies—to maintain and make publicly available more robust data on hydropower projects. Additionally, both bills direct attention to modifying these processes for specific projects (e.g., extending the time period to start project construction). Differences in the bills involve how the nonfederal hydropower regulation and development processes would be modified, which are described in later sections of this report, and the specific projects referenced. For instance, Section 3001 of the Senate version would allow a construction start date to be extended for eight years for any project, whereas the House version does not address the extension of a project construction start date. Further, the House version would require licenses and preliminary extensions for pumped storage projects, whereas the Senate version does not include such a requirement. The Senate version and the House version would modify the regulation process for seven specific projects (see Table 1 ). The House version of S. 2012 explicitly addresses hydropower in eight sections under Division A, Subtitle B (Hydropower Regulatory Modernization) and in six sections under Division A, Title VIII (Extensions of Time for Various Federal Energy Regulatory Commission Projects). The majority of the sections under Subtitle B, Sections 1201 and 1203-1208, focus on hydropower licensing, regulation, and development. One section under Subtitle B, Section 1202, centers on an extended construction time period for a specific project. The six sections under Title VIII, Sections 8001-8006, focus on the construction timeline for specific projects or stipulate certain license criteria. This portion of the report summarizes the contents of each section of the House version of S. 2012 that addresses hydropower. Where applicable, it also discusses comparable provisions of the Senate version of S. 2012 . Section 1201 of S. 2012 , as engrossed in the House, would modify Section 4(e) of the Federal Power Act of 1935 (FPA; 16 U.S.C. §§791-828c)—which, in part, authorizes the issuance of licenses for hydropower projects. Section 1201 would add "minimizing infringement of the useful exercise and enjoyment of property rights held by nonlicensees" as a factor to which FERC must give equal consideration when issuing a license. Essentially, when issuing a license, FERC would be instructed to equally consider how the project could balance the use and enjoyment of nonlicensees with property rights, along with existing requirements, including "purposes of energy conservation, the protection, mitigation of damage to, and enhancement of, fish and wildlife (including related spawning grounds and habitat), the protection of recreational opportunities, and the preservation of other aspects of environmental quality." Section 1201 also would modify Section 10 of the FPA, which addresses license conditions, including resource agency recommendations, among other things. Section 1201 would require FERC to ensure that the comprehensive plan for the project outlined in Section 10(a) of the FPA addresses "minimizing infringement of the useful exercise and enjoyment of property rights held by nonlicensees." Further, Section 1201 would add a private landownership condition to Section 10 of the FPA. This condition would require the licensee to consider private landownership as a way to encourage and facilitate private investment and increase tourism and recreation if the recreational resources within the project area are developed. The Senate version of S. 2012 contains no comparable language. Section 1202 of S. 2012 , as engrossed in the House, would modify various aspects of the license for a specific project. See Table 1 for a synopsis of the section. This section is comparable to Section 10343 of the Senate version of S. 2012 . Section 1203 of S. 2012 , as engrossed in the House, would modify Part I of the FPA—which addresses mainly hydroelectric project licensing and dam safety—by adding a new Section 34, "Hydropower Licensing and Process Improvements," to the act. Essentially, Section 1203 would designate FERC as the lead agency to coordinate the nonfederal hydropower project licensing process and to comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. §§4321 et seq.). It also would formalize the license-issuance timeline. As the lead agency, FERC would be required to identify and notify any federal or state agency, local government, or Indian tribe that may participate in the federal authorization of a project. Section 1203 would define federal authorization to include any authorization required under federal law pertaining to a license, license amendment, or exemption, among other things. Section 1203 would establish multiple deadlines for FERC and other involved parties. Further, the section would require that all parties, including the licensee, adhere to the deadlines set forth in the final schedule established by FERC. The section would require that the respective federal or state agency, local government, or Indian tribe identify and share, as early as possible, with FERC any issues of concern that may delay or prevent the granting of a federal authorization or prevent the agency or tribe from adhering to the established schedule. FERC would then be able to move to resolve such issues. Any agency or tribe not able to adhere to the schedule would be able to file for an extension in federal circuit court or the Court of Appeals for the District of Columbia. Section 1203 would allow an applicant seeking a federal authorization (i.e., a license) to pay a third-party contractor—approved by the agency or tribe—to assist in reviewing their application. FERC would then be able to make a recommendation regarding the scope of the environmental review to federal and state agencies and Indian tribes, and agencies and tribes would be able to defer to FERC's recommendations. Furthermore, FERC would maintain a complete, consolidated record of all decisions or actions regarding a federal authorization. This section resembles Section 3001(i) of the Senate version of S. 2012 , with some differences. Section 1204 of S. 2012 , as engrossed in the House, would modify Section 13(b) of the FPA, which addresses the judicial review of a FERC decision. Section 1204 would add a section that centers on the delay of a federal authorization. More specifically, it would require any agency or tribe that will not meet the deadline set in the final schedule established by FERC to file for an extension in a federal circuit court where the project is located or in the Court of Appeals for the District of Columbia at least 30 days prior to the deadline. The court may grant an extension only if the agency or tribe shows that it otherwise complied with the necessary requirements, except when complying with the schedule would have prevented the agency from complying with federal or state law. If the court grants the extension, the court must set a new schedule and deadline, no longer than 90 days, for the agency to comply. If the court denies the extension—or if the agency or tribe does not file for an extension and does not complete its responsibilities by the deadline—FERC and the applicant can move forward with the proposed action. The Senate version of S. 2012 contains no comparable language. Section 1205 of S. 2012 , as engrossed in the House, would modify Part I of the FPA—which addresses mainly hydroelectric project licensing and dam safety—by adding a new Section 35, "Licensing Study Improvements," to the act. Section 1205 would require FERC, in consultation with other federal and state agencies and interested members of the public, to compile and make available a list of current and accepted best practices, studies, data, and more that would support FERC, the agencies, and the tribes with federal authorization proceedings. Further, the section would require FERC to establish a basin-wide or regional review program that would develop comprehensive plans on a basin-wide or regional scale in instances where there is more than one project or application for a project.