[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1521 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1521
To amend the Federal Power Act to modernize and improve the licensing
of non-Federal hydropower projects, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Mr. Daines (for himself and Ms. Cantwell) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Federal Power Act to modernize and improve the licensing
of non-Federal hydropower projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community and Hydropower Improvement
Act''.
SEC. 2. DEFINITIONS.
Section 3 of the Federal Power Act (16 U.S.C. 796) is amended--
(1) in paragraph (2)--
(A) by striking ``tribal lands embraced within
Indian reservations,''; and
(B) by striking ``also'' and inserting ``land and
interests in land held in legal title by the United
States in trust for the benefit of an Indian Tribe;
and'';
(2) in paragraph (5), by inserting ``Indian Tribe,'' after
``State,''; and
(3) by adding at the end the following:
``(30) Indian tribe.--The term `Indian Tribe' means the
recognized governing body of any Indian or Alaska Native tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published annually pursuant to
section 104 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5131).
``(31) Project effects.--The term `project effects' has the
meaning given the term in paragraph (1) of section 2403(c) of
the Energy Policy Act of 1992 (16 U.S.C. 797d(c)).''.
SEC. 3. GENERAL POWERS OF THE FEDERAL ENERGY REGULATORY COMMISSION.
(a) Technical Correction to the Energy Policy Act of 2005 and
Federal Power Act.--
(1) Energy policy act of 2005.--
(A) In general.--Section 241(a) of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 674)
is amended by striking ``after `adequate protection and
utilization of such reservation.' at the end of the
first proviso'' and inserting ``after `adequate
protection and utilization of such reservation' at the
end of the first proviso a period and''.
(B) Execution.--Subparagraph (A) and the amendments
made by that subparagraph shall take effect as if
included in the Energy Policy Act of 2005 (42 U.S.C.
15801 et seq.), and section 241(a) of that Act (Public
Law 1058; 119 Stat. 674) and the amendments made by
that section shall be executed as if the amendment made
by subparagraph (A) had been included in that Act.
(2) Federal power act.--Section 4(e) of the Federal Power
Act (16 U.S.C. 797(e)) is amended by striking the period after
``Federal Energy Regulatory Commission''.
(b) Issuance of Licenses.--Section 4(e) of the Federal Power Act
(16 U.S.C. 797(e)) is amended--
(1) by striking the colon each place it appears and
inserting a period;
(2) in the fourth proviso, by striking ``And provided
further, That upon'' and inserting the following:
``(5) Notice; considerations.--On'';
(3) in the third proviso, by striking ``Provided further,
That in case'' and inserting the following:
``(4) Public purposes.--In case'';
(4) in the second proviso, by striking ``Provided further,
That no license'' and inserting the following:
``(3) Navigable waters.--No license'';
(5) in the first proviso, by striking ``Provided, That
licenses'' and inserting the following:
``(2) Reservation.--
``(A) In general.--Licenses'';
(6) in the first sentence, by striking ``(e) To issue
licenses'' and inserting the following:
``(e) Issuance of Licenses.--
``(1) In general.--To issue licenses'';
(7) in paragraph (1) (as so designated), by striking ``, or
to any State'' and inserting ``, or to any State, Indian
Tribe,'';
(8) in paragraph (2)(A) (as so designated)--
(A) by striking the fourth sentence and inserting
the following:
``(iii) Procedures.--Not later than 180
days after the date of enactment of the
Community and Hydropwer Improvement Act, the
Secretary of the Interior, Secretary of the
Army, the Secretary of Commerce, and the
Secretary of Agriculture shall jointly update,
by rule, after consultation with the Commission
and providing notice and an opportunity for
public comment, the procedures for an expedited
trial-type hearing under this section and
section 18, including the opportunity to
undertake discovery and cross-examine
witnesses, providing--
``(I) a forum for conditions
submitted under section 33(a) to obtain
a hearing;
``(II) a requirement that the party
raising a disputed issue, or the
proponent of an alternative, bears the
burden of proof by a preponderance of
the evidence; and
``(III) and opportunities for all
parties to a trial-type hearing to
participate in settlement negotiations
before and after the hearing.'';
(B) in the third sentence--
(i) by striking ``by the relevant
resource'' and inserting ``by the relevant'';
and
(ii) by striking ``All disputed'' and
inserting the following:
``(ii) Requirement.--All disputed'';
(C) in the second sentence--
(i) by inserting ``, including alternative
conditions submitted under section 33(a), as
applicable'' after ``on any disputed issues of
material fact with respect to such
conditions''; and
(ii) by striking ``The license applicant''
and inserting the following:
``(B) Hearing.--
``(i) In general.--The license applicant'';
and
(D) in the first sentence, by striking ``shall deem
necessary for the adequate protection and utilization
of such reservation'' and inserting the following: ``or
the applicable Indian Tribe, as provided in section 37,
shall deem--
``(i) necessary for the adequate protection
and utilization of such reservation; and
``(ii) reasonably related to project
effects on--
``(I) the reservation; and
``(II) the utilization of the
reservation''; and
(9) in paragraph (5) (as designated by paragraph (2)), by
inserting ``addressing the effects of hydrologic alterations
that may occur over the license term,'' after ``the protection
of recreational opportunities,''.
(c) Preliminary Permits; Notice of Application.--Section 4(f) of
the Federal Power Act (16 U.S.C. 797(f)) is amended, in the proviso, by
inserting ``, Indian Tribe,'' after ``in writing to any State''.
SEC. 4. APPROACH TO ENVIRONMENTAL REVIEW.
(a) In General.--Section 2403 of the Energy Policy Act of 1992 (16
U.S.C. 797d) is amended--
(1) in the section heading, by striking ``third party
contracting by ferc'' and inserting ``approach to environmental
review'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Environmental Impact Statements'' and inserting
``Third-Party Contracting by the Federal Energy
Regulatory Commission''; and
(B) in the first sentence, by striking ``Where the
Federal'' and inserting the following:
``(1) Environmental impact statements.--If the Federal'';
(3) in subsection (c), by striking ``This section'' and
inserting ``This subsection'';
(4) by redesignating subsections (b) and (c) as paragraphs
(2) and (3), respectively, and indenting appropriately; and
(5) by adding at the end the following:
``(b) Cooperation With Other Agencies.--
``(1) In general.--The Federal Energy Regulatory Commission
shall request that any Federal, State, or local agency or
Indian Tribe with a responsibility under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
comparable State or Tribal law requirements with respect to the
licensing of a project cooperate in the preparation of the
environmental assessment or environmental impact statement that
will be a record basis for the decisions of the applicable
agency or Indian Tribe with respect to the applicable
application.
``(2) Effect.--Cooperation under paragraph (1) shall not
impair the right of a cooperating agency or Indian Tribe to
participate as a party in a proceeding, subject to appropriate
protections against ex parte communications.
``(c) Environmental Effects.--
``(1) Definitions.--In this subsection:
``(A) Nonrecurring past effect.--The term
`nonrecurring past effect', with respect to a project,
means an environmental effect that--
``(i) may have been caused by--
``(I) the original construction or
development of the project; or
``(II) prior operations of the
project; but
``(ii) has no ongoing effect on
environmental resources.
``(B) Ongoing effect.--The term `ongoing effect',
with respect to a project, means a material
environmental effect that would not occur or that would
be different, but for the continued existence,
operation, or maintenance of the project.
``(C) Project.--The term `project' has the meaning
given the term in section 3 of the Federal Power Act
(16 U.S.C. 796).
``(D) Project effects.--The term `project effects'
means the ongoing effects and reasonably foreseeable
effects of a project.
``(E) Reasonably foreseeable effect.--The term
`reasonably foreseeable effect', with respect to a
project, means a material future environmental effect
that--
``(i)(I) in the case of new construction,
would not occur or would be different, but for
the construction, existence, operation, or
maintenance of the project; or
``(II) in the case of no new construction,
would not occur or would be different, but for
the existence, operation, or maintenance of the
project; and
``(ii) the Federal Energy Regulatory
Commission, another agency, or an Indian Tribe
determines, based on substantial evidence--
``(I) is not speculative or
improbable; and
``(II) is supported by monitoring,
modeling, or other scientific analysis
that is generally accepted in the
scientific community.
``(2) Required considerations.--In carrying out any
authorities and responsibilities under part I of the Federal
Power Act (16 U.S.C. 792 et seq.) with respect to resources
affected by the project, the Federal Energy Regulatory
Commission, other agencies, and Indian Tribes--
``(A) shall consider ongoing and reasonably
foreseeable effects of any existing dam and other
appurtenant project works included as part of an
application under part I of the Federal Power Act (16
U.S.C. 792 et seq.);
``(B) shall not consider nonrecurring past effects
of the dam and other appurtenant works of the project;
``(C)(i) shall consider whether the project has an
adverse effect on any fish species; and
``(ii) if a determination is made in the
affirmative under clause (i), shall consider passage
and nonpassage strategies for reasonably mitigating the
adverse effect, as appropriate, based on--
``(I) the extent and quality of habitat
upstream and downstream of the project,
including the feasibility of creating new
habitat or improving existing habitat through
habitat improvement projects;
``(II) off-site mitigation as provided in
section 39 of the Federal Power Act;
``(III) risks to the health of the fish and
the river system associated with both passage
and nonpassage strategies;
``(IV) costs of construction, operation,
and maintenance associated with both passage
and nonpassage strategies; and
``(V) such other biological, operational,
and economic factors determined to be relevant
by the Federal Energy Regulatory Commission,
other agencies, and Indian Tribes;
``(D) shall evaluate reasonably foreseeable project
effects on hydrologic patterns, other aspects of
environmental quality and developmental uses during the
term of the license, based on fieldwork investigations,
literature reviews, resource monitoring, technical
models, or other appropriate methodologies, consistent
with generally accepted scientific practices;
``(E) shall--
``(i) for purposes of deploying a model
under this subsection, encourage the
preferential use of open-sourced technical
models, subject to the limitation that nothing
in this clause prohibits the use of a
proprietary model or proprietary data; and
``(ii) for purposes of using or otherwise
relying on a model or data under this
subsection--
``(I) ensure the validity of the
model or data through validation
analysis entered into the record; and
``(II) provide for the model,
including data and other modeling
inputs and outputs, to be reasonably
available for evaluation, operation,
reporting, and review by licensing
participants, subject to appropriate
protections relating to--
``(aa) duplication or
public disclosure of
intellectual property
associated with the model, such
as software code or algorithms;
and
``(bb) the public
disclosure of proprietary or
other data that would reveal
trade secrets, other
information that is
competitively sensitive, or
critical electric
infrastructure information (as
defined in section 215A(a) of
the Federal Power Act (16
U.S.C. 824o-1(a)));
``(F) shall consider reasonably foreseeable effects
of hydrologic alterations over the license term in the
region in which the project is located, including any
change in project effects due to the hydrologic
alterations and the potential of the project to
contribute to the protection and enhancement of the
beneficial public uses identified in paragraph (5) of
section 4(e) and section 10(a)(1) of the Federal Power
Act (16 U.S.C. 797(e), 803(a)(1));
``(G) shall ensure that any Federal requirements
applicable in the project area under any applicable
Federal treaty with an Indian Tribe, as determined by a
court of competent jurisdiction, are met;
``(H) shall consider innovative solutions and
emerging technologies as a means of meeting
responsibilities and authorities under part I of the
Federal Power Act (16 U.S.C. 792 et seq.) in a cost-
effective manner; and
``(I) shall consider, based on an analysis prepared
by the Federal Energy Regulatory Commission, impacts of
the determination or decision of the Federal Energy
Regulatory Commission, other agency, or Indian Tribe,
as applicable, on--
``(i) grid reliability;
``(ii) any increase in the price of energy,
power, and essential grid services to consumers
of power; and
``(iii) the ability to integrate
intermittent generation resources.
``(3) Technical conferences.--Not later than 180 days after
the date of enactment of the Community and Hydropwer
Improvement Act and periodically thereafter, as determined to
be appropriate by the Federal Energy Regulatory Commission, the
Federal Energy Regulatory Commission, in consultation with the
Secretary, shall convene a technical conference to consider new
technologies and methodologies that may be available and
generally accepted in the scientific community or by agencies
that manage water resources for power production, water supply,
or flood control in the applicable region to quantify the
considerations required under paragraph (2)(F) within an
acceptable calculated range in licensing proceedings under part
I of the Federal Power Act (16 U.S.C. 792 et seq.).
``(d) Citations to Record.--In carrying out authorities and
responsibilities under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and sections 4(e), 10, 18, 33, and 37 of the
Federal Power Act (16 U.S.C. 797(e), 803, 811, 823d), the Federal
Energy Regulatory Commission and other agencies and Indian Tribes
shall--
``(1) cite to the specific parts of documents and other
evidence that are the basis for the findings on issues of
material fact for which the record contains inconsistent or
conflicting information; and
``(2) state the basis for relying on the cited evidence for
the purpose of making the findings on issues of material
fact.''.
(b) Clerical Amendment.--The table of contents for the Energy
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2781) is amended by
striking the item relating to section 2403 and inserting the following:
``Sec. 2403. Approach to environmental review.''.
SEC. 5. LICENSE DURATION, CONDITIONS, REVOCATION, ALTERATION, OR
SURRENDER.
(a) Voluntary License Surrender Procedures.--Section 6 of the
Federal Power Act (16 U.S.C. 799) is amended--
(1) by striking the section designation and all that
follows through ``Licenses under'' in the first sentence and
inserting the following:
``SEC. 6. LICENSE DURATION, CONDITIONS, REVOCATION, ALTERATION, OR
SURRENDER.
``(a) In General.--Licenses under''; and
(2) by adding at the end the following:
``(b) Procedures for Surrender of License.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Commission, after providing
for public notice and comment, shall promulgate regulations
establishing procedures for license surrender proceedings
initiated by a licensee.
``(2) Inclusions.--The regulations promulgated under
paragraph (1) shall include--
``(A) a requirement for a licensee seeking a
license surrender to prepare an initial public report
that describes and analyzes--
``(i) the surrender proposal;
``(ii) any alternatives considered for the
disposition of project works;
``(iii) any impacts of the proposed license
surrender on--
``(I) grid reliability;
``(II) any increase in the price of
energy, power, and essential grid
services to consumers of power; and
``(III) the ability to integrate
intermittent generating resources; and
``(iv) any benefits of the proposed license
surrender to--
``(I) surrounding communities; and
``(II) the natural environment;
``(B) opportunities for the public--
``(i) to comment on--
``(I) the initial public report;
and
``(II) the surrender application;
``(ii) to propose other alternatives for
the disposition of project works for
consideration by the Commission and licensee;
and
``(iii) to otherwise participate in the
surrender proceeding;
``(C) requirements for the licensee to consult with
applicable Federal and State resource agencies, Indian
Tribes, and interested members of the public before
filing the surrender application with the Commission;
``(D) procedures to develop a schedule for each
surrender proceeding; and
``(E) procedures to expedite the surrender
proceeding for a license that does not--
``(i) present complex resource issues;
``(ii) involve significant controversy or
public opposition; or
``(iii) require other major regulatory
approvals.''.
(b) Effect on Federal Dams.--
(1) In general.--Nothing in this section (including an
amendment made by this section) affects the continued operation
of any federally owned dam, including the Federal dams on the
Lower Snake River operated by the Corps of Engineers.
(2) No precedent.--No action carried out under section 6 of
the Federal Power Act (16 U.S.C. 799) establishes a precedent
for an action relating to a dam referred to in paragraph (1).
SEC. 6. CONDITIONS OF LICENSE; REPORT REQUIREMENT.
(a) Modification of Plans; Factors Considered To Secure
Adaptability of Project; Recommendations for Proposed Terms and
Conditions.--Section 10(a)(2) of the Federal Power Act (16 U.S.C.
803(a)(2)) is amended by adding at the end the following:
``(D) Current and reasonably foreseeable future
economic conditions material to the value of the
project, over the term of the license, with respect
to--
``(i) providing revenues from sales of
power, generation capacity, and ancillary
services; and
``(ii) other uses of the project.
``(E) Methods to collect and, as appropriate,
publicly report hydrologic data relating to the
operations of the project during a time interval
appropriate for effective management of any affected
waterways.''.
(b) Annual Charges Payable by Licensees; Maximum Rates;
Application; Review and Report to Congress.--Section 10(e) of the
Federal Power Act (16 U.S.C. 803(e)) is amended--
(1) in paragraph (1), in the first sentence, by inserting
``, in accordance with paragraph (5)'' after ``for purposes of
administering their responsibilities under this part''; and
(2) by adding at the end the following:
``(5) In fixing reasonable annual charges under paragraph
(1) for purposes of administering the responsibilities of the
United States under this part, the Commission--
``(A) notwithstanding section 9701 of title 31,
United States Code, section 3401 of the Omnibus Budget
Reconciliation Act of 1986 (42 U.S.C. 7178), or any
other provision of Federal law relating to annual
charges fixed under paragraph (1), shall ensure that
all administrative costs of the United States, other
than the administrative costs of the Commission, do not
exceed the direct costs incurred by any department of
the Federal Government or any agency, bureau, office,
or other subdivision of the applicable department, in
the participation of the applicable department in
license proceedings under this part;
``(B) shall not include costs of any department of
the Federal Government or any agency, bureau, office,
or other subdivision of the applicable department that
are reimbursed directly to the applicable department or
subdivision of the applicable department by the
licensee or license applicant;
``(C) shall include costs of a third-party
contractor retained by any department of the Federal
Government or any agency, bureau, office, or other
subdivision of the applicable department that are
incurred in supporting the applicable department in
administering the responsibilities of the applicable
department under this part, if the costs--
``(i) are not otherwise reimbursed directly
to the department or subdivision of the
department, as provided in subparagraph (B);
and
``(ii) meet the requirements of
subparagraph (D);
``(D) shall provide a reasonable opportunity for
public review and comment on the determinations of the
Commission under subparagraphs (A) through (C) before
issuing any bills for annual charges for purposes of
the administration of this part under paragraph (1);
and
``(E) shall--
``(i) respond to all comments received
under subparagraph (D) before issuing any bills
for annual charges for the administrative costs
of the United States under this part under
paragraph (1); and
``(ii) make any adjustments to the billing
determinations in response to the comments
received under subparagraph (D), as
appropriate.''.
(c) Fish and Wildlife Protection, Mitigation, and Enhancement;
Consideration of Recommendations; Findings.--Section 10(j) of the
Federal Power Act (16 U.S.C. 803(j)) is amended--
(1) in paragraph (1), by adding at the end the following:
``For any project that may affect fish and wildlife resources
protected under a Federal treaty with an Indian Tribe, as
determined by a court of competent jurisdiction, the conditions
under this subsection shall be based on recommendations
received from the applicable Indian Tribe.''; and
(2) in paragraph (2)--
(A) in the first sentence, by inserting ``and
Indian Tribes'' after ``and statutory responsibilities
of such agencies''; and
(B) in the second sentence, in the matter preceding
subparagraph (A), by inserting ``or Indian Tribe''
after ``a recommendation of any such agency''.
(d) Supporting Statement and Use of Existing Studies.--Section 10
of the Federal Power Act (16 U.S.C. 803) is amended by adding at the
end the following:
``(k) Supporting Statement for Certain License Conditions.--
``(1) In general.--In any case in which the applicable
Secretary exercises authority to submit a license condition to
the Commission for inclusion in the license under section
4(e)(2), 18, 33, or 37 or through authority reserved in the
license under 1 or more of those sections, the applicable
Secretary shall include with the submitted condition or
prescription a written statement--
``(A) demonstrating that the applicable Secretary
considered alternatives to the submitted condition;
``(B) providing a scientific and technical
rationale for--
``(i) the condition submitted; and
``(ii) any alternatives considered but not
adopted; and
``(C) identifying specific facts relied on in the
record.
``(2) Studies, data, and other factual information.--Along
with the written statement included under paragraph (1), the
applicable Secretary shall submit any studies, data, and other
factual information relied on by the applicable Secretary that
is relevant to the decision of the applicable Secretary.
``(l) Use of Existing Studies.--
``(1) In general.--To the extent reasonably practicable,
the Commission and other Federal and State agencies with
responsibilities under this part shall--
``(A) use relevant existing studies, monitoring
information, and data; and
``(B) avoid duplicating current, existing studies
that are applicable to the relevant project.
``(2) Written statement.--In requiring any new study or
collection of information, the Commission and other Federal and
State agencies and Indian Tribes with responsibilities under
this part shall prepare a written statement that--
``(A) explains why the new study or other
information is necessary to support the decisionmaking
relative to the responsibilities of the applicable
agency under this part;
``(B) identifies how existing information
reasonably available to the applicable agency,
including any monitoring information collected by the
licensee during the existing license term, is
inadequate to support the decisionmaking of the
applicable agency; and
``(C) explains the manner in which the information
produced by the required new study or other information
supports the cost of producing the information.
``(3) Requirement.--In modifying or denying a request to
require a new study or collection of information that is
submitted to the Commission by another agency with
responsibilities under this part, the Commission shall include
in a written statement of the Commission an explanation of the
manner in which the Commission considers the modification or
denial to be consistent with--
``(A) the responsibilities of the requestor to
compile a record under applicable law; and
``(B) the obligation of the Commission and other
agencies to undertake to develop a joint study plan
pursuant to section 38(c)(2).''.
(e) Report.--Section 10 of the Federal Power Act (16 U.S.C. 803)
(as amended by subsection (d)) is amended by adding at the end the
following:
``(m) Report.--Not later than 2 years after the date of enactment
of this subsection, and every 5 years thereafter, the Commission shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report, prepared in consultation with each affected
licensee or exemptee under this part, that--
``(1) identifies any project or individual unit of
development that--
``(A) is licensed, or exempted from the license
requirements, under this part; and
``(B) has been continually out-of-service for not
fewer than 5 years preceding the report;
``(2) explains the reason why each project or development
has been out-of-service;
``(3) identifies any plans of the licensee and the
Commission for the rehabilitation or other disposition of the
project or development; and
``(4) describes the anticipated timelines and requirements
of the Commission for the rehabilitation or other final
disposition of the project or development.''.
SEC. 7. DISPOSITION OF CHARGES ARISING FROM LICENSES.
Section 17 of the Federal Power Act (16 U.S.C. 810) is amended--
(1) by striking the section designation and all that
follows through ``(a) All proceeds'' and inserting the
following:
``SEC. 17. DISPOSITION OF CHARGES ARISING FROM LICENSES.
``(a) Receipts From Charges.--All proceeds'';
(2) in subsection (a)--
(A) in the second sentence--
(i) by striking ``be paid into the Treasury
of the United States and credited to
`Miscellaneous receipts''' and inserting ``be
deposited in the Licensing Administration
Reimbursement Fund established by subsection
(c)'';
(ii) by striking ``and 50 per centum of the
charges arising from all other licenses is
hereunder is hereby reserved'' and inserting
``and, of the charges from all other licenses,
50 percent is reserved''; and
(iii) by striking ``navigable waters of the
United States'' and inserting ``navigable
waters of the United States, and 37.5 percent
shall be deposited in the Licensing
Administration Reimbursement Fund established
by subsection (c)''; and
(B) in the third sentence, by striking ``into the
Treasury of the United States and credited to
miscellaneous receipts'' and inserting ``to the
applicable department, or any agency, bureau, office,
or other subdivision of the applicable department, in
the amounts established by the Commission under section
10(e)(5) for the department, or agency, bureau, office,
or other subdivision of the applicable department'';
(3) in subsection (b), by striking the subsection
designation and all that follows through ``In case of'' and
inserting the following:
``(b) Delinquency.--In case of''; and
(4) by adding at the end the following:
``(c) Licensing Administration Reimbursement Fund.--
``(1) In general.--There is established within the Treasury
of the United States a fund, to be known as the `Licensing
Administration Reimbursement Fund' (referred to in this
subsection as the `Fund'), to be administered by the
Commission.
``(2) Purpose.--The purpose of the Fund is to reimburse
Indian Tribes, State fish and wildlife agencies, and other
State natural and cultural resource agencies for any
administrative costs of carrying out the responsibilities of
Indian Tribes or the agencies under this part.
``(3) Contents.--The Fund shall consist of any amounts
deposited in the Fund under subsection (a).
``(4) Requirement.--Amounts in the Fund shall be available
to Indian Tribes, State fish and wildlife agencies, and other
State natural and cultural resource agencies that document the
participation of the Indian Tribe or agency in license
proceedings for purposes of carrying out the responsibilities
of the Indian Tribe or agency under this part.
``(5) Limitation.--Amounts in the Fund shall not be
available for any costs that are otherwise reimbursable to an
Indian Tribe, a State fish and wildlife agency, or a State
natural and cultural resource agency.
``(6) Application; distribution.--The Commission shall
establish standards governing the application for, and
distribution of, amounts from the Fund.
``(7) Rulemaking.--Not later than 90 days after the date of
enactment of this subsection, the Commission shall promulgate
regulations, after providing public notice and an opportunity
for comment, that establish the standards and process for the
distribution and use of amounts from the Fund.''.
SEC. 8. OPERATION OF NAVIGATION FACILITIES; RULES AND REGULATIONS;
PENALTIES.
Section 18 of the Federal Power Act (16 U.S.C. 811) is amended--
(1) in the first sentence, by inserting ``to address
project effects and other relevant factors'' before the period
at the end;
(2) in the second sentence, by inserting ``, including
alternative prescriptions submitted under section 33(b), as
applicable,'' after ``on any disputed issues of material fact
with respect to such fishways'';
(3) in the third sentence, by striking ``relevant
resource'' and inserting ``resource''; and
(4) by striking the fourth sentence and inserting the
following: ``Not later than 180 days after the date of
enactment of the Community and Hydropwer Improvement Act, the
Secretary of the Interior, the Secretary of the Army, the
Secretary of Commerce, and the Secretary of Agriculture shall
update jointly, by rule, after consultation with the Commission
and providing notice and opportunity for public comment, the
procedures for an expedited trial-type hearing under this
section and section 4(e)(2), including the opportunity to
undertake discovery and cross-examine witnesses, providing a
forum for conditions submitted under section 33(b) to obtain a
hearing, a requirement that the party raising a disputed issue,
or the proponent of an alternative, bears the burden of proof
by a preponderance of the evidence, and opportunities for all
parties to a trial-type hearing to participate in settlement
negotiations before and after the hearing.''.
SEC. 9. CONDUIT HYDROELECTRIC FACILITIES.
Section 30(c) of the Federal Power Act (16 U.S.C. 823a(c)) is
amended--
(1) in the matter preceding paragraph (1), by inserting ``,
affected Indian Tribes,'' after ``consult with the United
States Fish and Wildlife Service'';
(2) in paragraph (1)--
(A) by striking ``Fish and Wildlife Service
National Marine Fisheries Service and the State
agency'' and inserting ``United States Fish and
Wildlife Service, National Marine Fisheries Service,
and the State agency''; and
(B) by striking ``Act, and'' and inserting ``Act;
and''; and
(3) in paragraph (2), by striking ``insure'' and inserting
``ensure''.
SEC. 10. ALTERNATIVE CONDITIONS AND PRESCRIPTIONS.
(a) Alternative Conditions.--Section 33(a) of the Federal Power Act
(16 U.S.C. 823d(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``or an Indian Tribe, as provided
in section 37,'' after ``(referred to in this
subsection as the `Secretary')''; and
(B) by striking ``the first proviso of section
4(e)'' and inserting ``section 4(e)(2)'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``the first proviso of section 4(e)'' and
inserting ``section 4(e)(2)'';
(B) by striking ``the Secretary'' each place it
appears and inserting ``the Secretary or Indian
Tribe''; and
(C) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) would result in improved protection or
utilization of the reservation at no additional cost to
the project, including the value of foregone power or
energy as compared to the condition initially deemed to
be necessary by the Secretary or applicable Indian
Tribe; or
``(B) would--
``(i) be no less protective of the
reservation than the condition initially deemed
to be necessary by the Secretary or applicable
Indian Tribe; and
``(ii) as compared to the condition
initially deemed to be necessary by the
Secretary or applicable Indian Tribe--
``(I) cost significantly less to
implement; or
``(II) result in improved operation
of the project works for electricity
production.'';
(3) in paragraph (3), by striking ``the Secretary'' each
place it appears and inserting ``the Secretary or Indian
Tribe'';
(4) by redesignating paragraph (5) as paragraph (6);
(5) by striking paragraph (4) and inserting the following:
``(4) Public record.--The Secretary or applicable Indian
Tribe shall submit into the public record of the Commission
proceeding with any condition under section 4(e)(2) or
alternative condition accepted by the Secretary or applicable
Indian Tribe under this subsection a detailed analysis
establishing and explaining how the condition adopted by the
Secretary or applicable Indian Tribe meets the criteria under
paragraph (2), as compared to--
``(A) the condition initially determined to be
necessary by the Secretary or applicable Indian Tribe;
and
``(B) each alternative condition proposed by the
license applicant or any other party to the license
proceeding, as provided in paragraph (1), that is not
adopted by the Secretary or applicable Indian Tribe.
``(5) Written statement.--
``(A) In general.--Any submission by the Secretary
under paragraph (4) shall include a written statement
demonstrating that the Secretary gave equal
consideration to the effects of the condition adopted
and alternatives not adopted on--
``(i) energy supply, distribution, cost,
and use;
``(ii) flood control;
``(iii) navigation;
``(iv) water supply;
``(v) hydrologic alterations that may occur
over the license term;
``(vi) air quality; and
``(vii) the preservation of other aspects
of environmental quality.
``(B) Basis.--The written statement included under
subparagraph (A) shall be based on information
available to the Secretary, including information
voluntarily provided in a timely manner by the
applicant and others.
``(C) Studies; data.--Along with the written
statement included under subparagraph (A), the
Secretary shall submit any studies, data, and other
factual information available to the Secretary and
relevant to the determination of the Secretary under
paragraph (2).''; and
(6) in paragraph (6) (as so redesignated)--
(A) in the first sentence, by striking ``the
Secretary's final condition'' and inserting ``the final
condition of the Secretary or applicable Indian
Tribe'';
(B) in the second sentence, by striking ``the
Secretary'' and inserting ``the Secretary or applicable
Indian Tribe'';
(C) in the third sentence, by striking
``Secretary'' each place it appears and inserting
``Secretary or applicable Tribe''; and
(D) in the fourth sentence--
(i) by striking ``The Secretary'' and
inserting ``The Secretary or applicable Indian
Tribe''; and
(ii) by striking ``Secretary's final
written determination'' and inserting ``final
written determination of the Secretary or
applicable Indian Tribe''.
(b) Alternative Prescriptions.--Section 33(b) of the Federal Power
Act (16 U.S.C. 823d(b)) is amended--
(1) in paragraph (1), by striking ``Secretary of Commerce''
and inserting ``Secretary of Commerce, as applicable (referred
to in this subsection as the `Secretary concerned'),'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``of the Interior or the
Secretary of Commerce, as appropriate,'' and
inserting ``concerned'';
(ii) by striking ``of the appropriate
department'' and inserting ``concerned''; and
(iii) by striking ``to the Secretary'' and
inserting ``to the Secretary concerned''; and
(B) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) would result in improved protection for fish
at no additional cost to the project, including the
value of foregone power or energy, as compared to the
fishway initially prescribed by the Secretary
concerned; or
``(B) would--
``(i) be no less protective than the
fishway initially prescribed by the Secretary
concerned; and
``(ii) as compared to the fishway initially
prescribed by the Secretary concerned--
``(I) cost significantly less to
implement; or
``(II) result in improved operation
of the project works for electricity
production.'';
(3) in paragraph (3), by striking ``the Secretary'' each
place it appears and inserting ``the Secretary concerned'';
(4) by redesignating paragraph (5) as paragraph (6);
(5) by striking paragraph (4) and inserting the following:
``(4) Public record.--The Secretary concerned shall submit
into the public record of the Commission proceeding with any
prescription under section 18 or alternative prescription
accepted by the Secretary concerned under this subsection a
detailed analysis establishing and explaining how the
prescription adopted by the Secretary concerned meets the
criteria under paragraph (2), as compared to--
``(A) the prescription initially prescribed by the
Secretary concerned; and
``(B) each alternative proposed by the license
applicant or any other party to the license proceeding,
as provided in paragraph (1), that is not adopted by
the Secretary concerned.
``(5) Written statement.--
``(A) In general.--Any submission by the Secretary
concerned under paragraph (4) shall include a written
statement demonstrating that the Secretary concerned
gave equal consideration to the effects of the
prescription adopted and alternatives not adopted on--
``(i) energy supply, distribution, cost,
and use;
``(ii) flood control;
``(iii) navigation;
``(iv) water supply;
``(v) hydrologic alterations that may occur
over the license term;
``(vi) air quality; and
``(vii) the preservation of other aspects
of environmental quality.
``(B) Basis.--The written statement included under
subparagraph (A) shall be based on information
available to the Secretary concerned, including
information voluntarily provided in a timely manner by
the applicant and others.
``(C) Studies; data.--Along with the written
statement included under subparagraph (A), the
Secretary concerned shall submit any studies, data, and
other factual information available to the Secretary
concerned and relevant to the determination of the
Secretary concerned under paragraph (2).''; and
(6) in paragraph (6) (as so redesignated)--
(A) in the first sentence, by striking ``the
Secretary's final prescription'' and inserting ``the
final prescription of the Secretary concerned'';
(B) in the second sentence, by striking ``the
Secretary'' and inserting ``the Secretary concerned'';
(C) in the third sentence, by striking
``Secretary'' each place it appears and inserting
``Secretary concerned''; and
(D) in the fourth sentence--
(i) by striking ``The Secretary'' and
inserting ``The Secretary concerned''; and
(ii) by striking ``Secretary's final
written determination'' and inserting ``final
written determination of the Secretary
concerned''.
SEC. 11. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED DAMS.
Section 34 of the Federal Power Act (16 U.S.C. 823e) is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (a), (b), (d), (e), and
(f) as subsections (b), (c), (g), (a), and (h), respectively,
and moving the subsections so as to appear in alphabetical
order;
(3) in subsection (a) (as so redesignated)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking
``and'' at the end;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) the Commission determines, after considering
the notification of intent submitted by the applicant
under subsection (e)(1), any supporting information,
and comments received under subsection (e)(2)(A), and
any consultation under subsection (e)(2)(B), that an
expeditious licensing decision under this section is
reasonably practicable, taking into consideration, as
appropriate--
``(i) whether any applicable environmental
or dam safety considerations demonstrate that
the qualifying nonpowered dam associated with
the qualifying facility is likely to be removed
during the term of a license;
``(ii) whether existing information
establishes that the qualifying nonpowered dam
associated with the qualifying facility will no
longer serve an existing public purpose during
the term of a license;
``(iii) whether any adverse resource effect
associated with the qualifying nonpowered dam,
including lack of fish passage, is--
``(I) presently unmitigated; and
``(II) likely to remain unmitigated
under future operation;
``(iv) whether the licensing of the
facility by the Commission has the potential to
mitigate or enhance environmental conditions
associated with the qualifying nonpowered dam
associated with the qualifying facility,
including any preliminary protection,
mitigation, and enhancement measures identified
by the applicant;
``(v) whether the resource issues likely to
be involved in the licensing process are
unusual or complex; and
``(vi) whether information submitted with,
or referenced in, the notification of intent is
adequate to support the development of the
license application.'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Qualifying facility.--
``(A) In general.--The term `qualifying facility'
means a facility that--
``(i) includes only--
``(I) the power house, power
tunnel, penstocks, and tailrace;
``(II) any other water conveyance
infrastructure connected directly to
the powerhouse;
``(III) each primary line
transmitting power from the facility to
the point of junction with the
distribution system or the
interconnected primary transmission
system; and
``(IV) any other new, miscellaneous
structures used and useful in
connection with the facility; and
``(ii) is determined under this section to
meet the qualifying criteria.
``(B) Exclusions.--Notwithstanding subparagraph
(A)(i)(IV) and section 3(11), the term `qualifying
facility' does not include, with respect to the
complete unit of improvement or development of a
facility described in subparagraph (A)--
``(i) a dam or appurtenant work or
structure (including a navigation structure);
``(ii) a dike;
``(iii) any other water retention or
diversion infrastructure;
``(iv) an impoundment;
``(v) a shoreline;
``(vi) an access road; or
``(vii) any recreational or other
infrastructure associated with an existing
nonpowered dam or impoundment.''; and
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``Federal or non-Federal''
after ``means any''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) that--
``(i) for a non-Federal dam--
``(I) as of October 23, 2018, is
not generating electricity using any
hydropower-generating facility that
is--
``(aa) licensed under this
part; or
``(bb) exempted from the
license requirements contained
in this part; and
``(II) is regulated by an
established dam safety program of the
State in which the non-Federal dam is
located; or
``(ii) for a Federal dam--
``(I) is available for non-Federal
power development; and
``(II)(aa) is not equipped with
power generating equipment; or
``(bb) has available incremental
generation potential for non-Federal
power development.'';
(4) in subsection (b) (as so redesignated)--
(A) in the subsection heading, by inserting
``Certain'' after ``Process for'';
(B) in paragraph (1)--
(i) by striking ``As provided in this
section, the Commission may issue and amend''
and inserting ``The Commission may issue''; and
(ii) by inserting ``in accordance with this
section'' before the period at the end;
(C) by striking paragraph (2) and inserting the
following:
``(2) Updating regulations.--Not later than 180 days after
the date of enactment of the Community and Hydropower
Improvement Act, after consulting with the interagency task
force under paragraph (3) and providing notice and an
opportunity for public comment, the Commission shall update
regulations of the Commission for issuing licenses for
qualifying facilities under this section.'';
(D) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``(A) In
establishing the expedited process''
and inserting the following:
``(A) In general.--In updating regulations''; and
(II) by striking ``and Indian
tribes'' and inserting ``, Indian
Tribes, and the public''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Workshops and meetings.--Before issuing any
proposed rule for public comment pursuant to paragraph
(2), the Commission shall convene workshops and other
meetings with the interagency task force under this
paragraph to develop procedures that allow the
Commission and appropriate Federal and State agencies
and Indian Tribes to exercise authority in accordance
with subsection (d).''; and
(E) by striking paragraph (4) and inserting the
following:
``(4) Deadline.--The Commission shall issue a final
decision regarding an application for a license for a
qualifying facility submitted under subsection (e)(3) not later
than 2 years after the date on which the Commission determines
under subsection (e)(2) that the proposed hydroelectric
facility that is the subject of the application is a qualifying
facility.'';
(5) in subsection (c) (as so redesignated)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (1) as paragraph
(2);
(C) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Applicability of safety regulations.--
``(A) In general.--The rules and regulations of the
Commission relating to the protection of life, health,
and property shall apply to a qualifying facility
licensed under this section, only with respect to the
potential effects of the construction, operation, and
maintenance of the qualifying facility on the safety of
the applicable qualifying nonpowered dam.
``(B) State regulations.--For any qualifying
facility licensed at a non-Federal qualifying
nonpowered dam, the applicable dam safety rules and
regulations of the State in which the qualifying
nonpowered dam is located shall apply to--
``(i) the qualifying nonpowered dam; and
``(ii) any infrastructure associated with
the qualifying nonpowered dam that is not a
part of the qualifying facility that is the
subject of the license.''; and
(D) by inserting after paragraph (2) (as so
redesignated) the following:
``(3) Requirements.--Before issuing any license for a
qualifying facility at a non-Federal qualifying nonpowered dam,
the Commission shall--
``(A) ensure that the qualifying nonpowered dam,
and each other structure associated with the qualifying
facility, is or will be consistent with the applicable
dam safety standards of the Commission; and
``(B) consult with the applicable dam regulator in
the State in which the qualifying facility is located
to ensure appropriate continued oversight of the
qualifying nonpowered dam associated with the
qualifying facility, and associated structures, over
the term of the license.'';
(6) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Storage, Release, and Flow Operations.--
``(1) Limitations.--
``(A) Obligations.--Notwithstanding any other legal
requirement pertaining to a qualifying facility
licensed under this section, the Commission, Federal
and State agencies, and Indian Tribes shall not impose
any obligation in the licensing of the qualifying
facility that would interfere with, or materially
change or affect in any way, the storage, release, or
flow operations of the qualifying nonpowered dam
associated with the qualifying facility, other than the
routing of release or flow operations through the
qualifying facility.
``(B) Interference.--Notwithstanding any other
legal requirement pertaining to a qualifying facility
licensed under this section, the licensing of a
qualifying facility under this section by the
Commission shall not interfere with, or materially
change or affect in any way, any other Federal, State,
or Tribal authority pertaining to the storage, release,
or flow operations applicable to the qualifying
nonpowered dam associated with the qualifying facility,
other than the routing of release or flow operations
through the qualifying facility.
``(2) Condition in license.--The Commission shall include
in any license issued pursuant to this section a condition
prohibiting the licensee from materially changing the storage,
release, or flow operations of a qualifying nonpowered dam
associated with the qualifying facility for the sole purpose of
improving the power value of the qualifying facility.
``(e) Expedited Process.--
``(1) Notification of intent and supporting information.--
The applicant for a qualifying facility shall commence the
licensing process under this section by submitting to the
Commission a notification of intent to file an application for
a license, together with supporting information, which shall
inform the determination of the Commission under paragraph (2).
``(2) Commission determination.--
``(A) In general.--Not later than 90 days after the
date on which an applicant submits to the Commission a
notification of intent under paragraph (1), the
Commission, after providing notice and an opportunity
for public comment, shall--
``(i) determine whether the proposed
hydroelectric facility is a qualifying facility
under this section; and
``(ii) include in a determination under
clause (i) information, including analyses
supported by information in the public record,
relating to the factual basis for the
determination.
``(B) Consultation.--In making a determination
under subparagraph (A) with respect to a proposed
facility, the Commission shall consult with Federal and
State agencies and Indian Tribes with authority over
the facility regarding any qualifying criteria that may
disqualify the facility from the expedited process
under this section.
``(C) Resolution.--If the Commission determines
under subparagraph (B) that any qualifying criteria
potentially disqualify a proposed facility from the
expedited process under this section, the Commission
shall--
``(i) seek to resolve any issues in advance
of issuing a determination regarding whether
the proposed facility is a qualifying facility
under this paragraph; and
``(ii) include in a determination under
clause (i) information relevant to efforts to
resolve the issues.
``(3) Qualifying facility applications.--
``(A) In general.--After submitting a notification
of intent under paragraph (1), an applicant for a
qualifying facility shall submit to the Commission an
application for a license under this section.
``(B) Inclusions.--An application under
subparagraph (A) shall include a description of each
protection, mitigation, and enhancement measure
proposed to be carried out in order for the applicable
qualifying facility to receive a license from the
Commission, in accordance with subsection (f).
``(C) Deadline for submission.--An application
under this paragraph shall be submitted to the
Commission not later than the later of--
``(i) the date that is 30 days after the
close of a single season of studies conducted
in support of the application; and
``(ii) the date that is 1 year after the
date on which a determination of the Commission
is provided under paragraph (2).
``(f) Requirements.--In determining whether to approve an
application for a license for a qualifying facility under subsection
(e)(3), in accordance with the deadline described in subsection (b)(4),
the Commission, in consultation with applicable Federal and State
resource agencies and Indian Tribes with regulatory responsibility for
the qualifying facility, shall--
``(1)(A) use relevant existing studies, monitoring
information, and data that are applicable to the relevant
qualifying facility, in accordance with section 10(l);
``(B) avoid duplicating current, existing studies; and
``(C) design any new studies and information requirements
to be consistent with the ability of the Commission to meet the
licensing deadline under subsection (b)(4);
``(2) consider whether obligations under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may
be met through--
``(A) preparing an environmental assessment; or
``(B) supplementing a previously prepared
environmental assessment or environmental impact
statement;
``(3) develop a licensing process that reduces
administrative burdens on resource agencies, Indian Tribes, the
applicant, and the public by avoiding unnecessary paperwork,
meetings, and other process obligations, subject to the
condition that nothing in this paragraph eliminates any
applicable consultation requirement under Federal or State law
(including regulations);
``(4) exercise authorities commensurate with the limited
unit of development and improvement for a qualifying facility
described in subsection (a)(2)(A)(i), recognizing--
``(A) the existence of infrastructure at the time
of the license application; and
``(B) that ongoing operations of existing
infrastructure, including water releases, will be
materially unchanged as a result of the development and
operation of the qualifying facility, in accordance
with subsection (d); and
``(5) consider a set of standard license terms and
conditions that generally would apply to all qualifying
facilities licensed under this section, based on common
technical considerations and environmental effects, subject to
the condition that the development of standard license terms
and conditions shall not limit the imposition of facility-
specific conditions for any particular qualifying facility.'';
and
(7) in subsection (h) (as so redesignated)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(3) any applicable State or Tribal law relating to a
qualifying nonpowered dam, dike, conduit, impoundment, or
shoreline, or any land or infrastructure associated with such
qualifying nonpowered dam, that is not a component of a license
issued pursuant to this section, including such a law relating
to dam safety, property ownership and control, public access
and safety, or the appropriation, use, or distribution of water
at the qualifying nonpowered dam.''.
SEC. 12. CLOSED-LOOP AND OFF-STREAM PUMPED STORAGE PROJECTS.
Section 35 of the Federal Power Act (16 U.S.C. 823f) is amended to
read as follows:
``SEC. 35. CLOSED-LOOP AND OFF-STREAM PUMPED STORAGE PROJECTS.
``(a) Definitions.--In this section:
``(1) Closed-loop or off-stream pumped storage project.--
The term `closed-loop or off-stream pumped storage project'
means a project--
``(A) that--
``(i) is configured to use 2 or more
natural or artificial reservoirs or other water
bodies at different elevations; and
``(ii) can--
``(I) generate power as water moves
down through a turbine; and
``(II) recharge by pumping water to
the upper reservoir;
``(B) that is designed for construction and
operation in a manner that ensures that the upper and
lower reservoirs or other water bodies do not impound
any stream channel of a natural surface waterway,
unless--
``(i) 1 or more project reservoirs are
located on, or connected to, a stream channel
of a natural waterway that has flowing water
only during, and for a short duration after,
precipitation events during a typical year; or
``(ii) not more than 1 project reservoir is
located on, or directly connected to, a natural
surface watercourse, subject to the conditions
that the reservoir--
``(I) is in existence on the date
of enactment of the Community and
Hydropwer Improvement Act;
``(II) receives the vast majority
of water from--
``(aa) surfacewater of a
different natural watershed via
an existing pipeline, aqueduct,
or other conveyance
infrastructure; or
``(bb) groundwater; and
``(III) obtains not more than 10
percent of the volume of the average
annual inflow of surfacewater from the
natural watershed in which the
reservoir is located; and
``(C) any project reservoir (except for a reservoir
described in subparagraph (B)(ii)) of which, if the
reservoir is connected to a natural surface waterway,
is connected for the sole purpose of the initial fill
and periodic recharge of reservoirs needed for project
operation.
``(2) Qualifying criteria.--The term `qualifying criteria',
with respect to a closed-loop or off-stream pumped storage
project, means that the closed-loop or off-stream pumped
storage project--
``(A) is unlikely to involve any fish or wildlife
species listed as a threatened or endangered species,
or any habitat designated as a critical habitat of such
a species, under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), unless the applicable
notification of intent identifies proposed measures to
protect or mitigate damages to the applicable species
or habitat;
``(B) is unlikely to involve resource issues that
are unusual or complex in the licensing process and
associated environmental review;
``(C) is supported by sufficient information and
proposed environmental study plans submitted with the
notification of intent to support expedited
environmental review and consideration of the
application;
``(D) proposes construction, development, and
operation the environmental effects of which are likely
capable of protection, mitigation, and enhancement
through the licensing provisions contained in this
part; and
``(E) is not located within any land or interest in
land the legal title to which is held by the United
States in trust for the benefit of an Indian Tribe,
unless the affected Indian Tribe--
``(i) is a project proponent; or
``(ii) consents, in writing, to the
location.
``(b) Expedited Licensing Process for Closed-Loop and Off-Stream
Pumped Storage Projects.--
``(1) In general.--The Commission may issue licenses, as
appropriate, for any closed-loop or off-stream pumped storage
project that meets the qualifying criteria, as determined by
the Commission, in accordance with this section.
``(2) Updating regulations.--Not later than 180 days after
the date of enactment of the Community and Hydropwer
Improvement Act, after consultation with the interagency task
force under paragraph (3) and providing notice and an
opportunity for public comment, the Commission shall update
regulations of the Commission for issuing licenses for closed-
loop or off-stream pumped storage projects that meet the
qualifying criteria.
``(3) Interagency task force.--
``(A) In general.--In updating regulations under
this section, the Commission shall convene an
interagency task force, with appropriate Federal and
State agencies, Indian Tribes, and the public
represented, to coordinate the regulatory processes
associated with the authorizations required to
construct and operate closed-loop or off-stream pumped
storage projects that meet the qualifying criteria.
``(B) Workshops and meetings.--Before issuing a
proposed rule for public comment under paragraph (2),
the Commission shall convene workshops and other
meetings with the interagency task force under this
paragraph to develop procedures that allow the
Commission and appropriate Federal and State agencies
and Indian Tribes to exercise authority in accordance
with--
``(i) this section; and
``(ii) the applicable requirements of this
part.
``(4) Deadline.--The Commission shall issue a final
decision regarding an application for a license for a proposed
closed-loop or off-stream pumped storage project submitted
under subsection (d)(3) not later than 3 years after the date
on which the Commission determines under subsection (d)(2) that
the closed-loop or off-stream pumped storage project meets the
qualifying criteria.
``(c) Dam Safety.--Before issuing any license for a closed-loop or
off-stream pumped storage project that meets the qualifying criteria,
the Commission shall assess the safety of relevant existing dams and
other project works.
``(d) Expedited Process.--
``(1) Notification of intent and supporting information.--
The applicant for a closed-loop or off-stream pumped storage
project shall commence the licensing process under this section
by submitting to the Commission a notification of intent to
file an application for a license, together with supporting
information, which shall inform the determination of the
Commission under paragraph (2).
``(2) Commission determination.--
``(A) In general.--Not later than 90 days after the
date on which an applicant submits to the Commission a
notification of intent under paragraph (1), the
Commission, after providing notice and an opportunity
for public comment, shall--
``(i) determine whether the closed-loop or
off-stream pumped storage project described in
the notification meets the qualifying criteria;
and
``(ii) include in a determination under
clause (i) information, including analyses
supported by information in the public record,
relating to the factual basis for the
determination.
``(B) Consultation.--In making a determination
under subparagraph (A) with respect to a closed-loop or
off-stream pumped storage project, the Commission shall
consult with Federal and State agencies and Indian
Tribes with authority over the closed-loop or off-
stream pumped storage project regarding any qualifying
criteria that may disqualify the closed-loop or off-
stream pumped storage project from the expedited
process under this section.
``(C) Resolution.--If the Commission determines
under subparagraph (B) that any qualifying criteria
potentially disqualify a closed-loop or off-stream
pumped storage project from the expedited process under
this section, the Commission shall--
``(i) seek to resolve any issues in advance
of issuing a determination regarding whether
the closed-loop or off-stream pumped storage
project meets the qualifying criteria under
this paragraph; and
``(ii) include in a determination under
clause (i) information relevant to efforts to
resolve such issues.
``(3) Closed-loop and off-stream pumped storage project
applications.--
``(A) In general.--Not later than 1 year after the
date on which the Commission determines under paragraph
(2) that a closed-loop or off-stream pumped storage
project meets the qualifying criteria, an applicant for
the closed-loop or off-stream pumped storage project
shall submit to the Commission an application for a
license under this section.
``(B) Inclusions.--An application under
subparagraph (A) shall include a description of each
protection, mitigation, and enhancement measure
proposed to be carried out in order for the applicable
closed-loop or off-stream pumped storage project to
receive a license from the Commission, in accordance
with subsection (e).
``(e) Requirements.--In determining whether to approve an
application submitted for a closed-loop or off-stream pumped storage
project under subsection (d)(3), in accordance with the deadline
described in subsection (b)(4), the Commission, in consultation with
applicable Federal and State resource agencies and Indian Tribes with
regulatory responsibility for the closed-loop or off-stream pumped
storage project, shall--
``(1)(A) use relevant existing studies, monitoring
information, and data that are applicable to the relevant
project, in accordance with section 10(l);
``(B) avoid duplicating current, existing studies; and
``(C) design any new studies and information requirements
to be consistent with the ability of the Commission to meet the
licensing deadline under subsection (b)(4);
``(2) consider whether obligations under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may
be met through--
``(A) preparing an environmental assessment; or
``(B) supplementing a previously prepared
environmental assessment or environmental impact
statement;
``(3) develop a licensing process that reduces
administrative burdens on resource agencies, Indian Tribes, the
applicant, and the public by avoiding unnecessary paperwork,
meetings, and other process obligations, subject to the
condition that nothing in this paragraph eliminates any
applicable consultation requirement under Federal or State law
(including regulations); and
``(4) consider a set of standard license terms and
conditions that generally would apply to all closed-loop or
off-stream pumped storage projects licensed under this section,
based on common technical considerations and environmental
effects, subject to the condition that the development of
standard license terms and conditions shall not limit the
imposition of project-specific conditions for any particular
closed-loop or off-stream pumped storage project.
``(f) Transfers.--Notwithstanding section 5, regardless of whether
the holder of a preliminary permit for a closed-loop or off-stream
pumped storage project claims a municipal preference under section 7(a)
in obtaining a permit, on request by a municipality, the Commission
may, to facilitate development of a closed-loop or off-stream pumped
storage project--
``(1) add 1 or more entities as joint permittees following
the issuance of a preliminary permit; and
``(2) transfer a license in part to 1 or more nonmunicipal
entities as co-licensees with a municipality, if the
municipality retains majority ownership of the closed-loop or
off-stream pumped storage project for which the license was
issued.
``(g) Developing Abandoned Mines for Pumped Storage.--
``(1) Workshop.--Not later than 180 days after the date of
enactment of this Act, the Commission shall hold a workshop to
explore potential opportunities for development of closed-loop
pumped storage projects at abandoned mine sites.
``(2) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Commission shall issue guidance to
assist applicants for licenses or preliminary permits for
closed-loop pumped storage projects at abandoned mine sites.
``(h) Savings Clause.--Nothing in this section affects any
authority of the Commission to license a closed-loop or off-stream
pumped storage project under any other provision of this part.''.
SEC. 13. CONDITIONS TO PROTECT TRIBAL RESOURCES.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 37. CONDITIONS TO PROTECT TRIBAL RESOURCES.
``(a) Necessary Conditions of Indian Tribes.--
``(1) In general.--Except as provided in subsection (c), an
Indian Tribe shall have exclusive authority to deem a condition
to a license under this part to be necessary under section
4(e)(2) if the license is issued for a project located within
any land or an interest in land the legal title to which is
held by the United States in trust for the benefit of the
Indian Tribe, regardless of whether the Indian Tribe is a
licensee or applicant for the project, subject to paragraph
(2).
``(2) Condition; written statement.--On deeming a condition
to be necessary pursuant to paragraph (1), an Indian Tribe
shall submit to the Commission--
``(A) the condition;
``(B) a written statement--
``(i) demonstrating that the Indian Tribe
considered alternatives to the submitted
condition;
``(ii) providing a scientific and technical
rationale for--
``(I) the condition submitted; and
``(II) alternatives considered but
not adopted; and
``(iii) identifying specific facts relied
on in the record; and
``(C) any studies, data, and other factual
information relied on by the Indian Tribe that is
relevant to the decision of the Indian Tribe.
``(b) Other Reservations.--For any license issued within any
reservation other than a reservation described in subsection (a), the
Secretary of the agency responsible for the supervision of the
reservation, in deeming conditions of the license to be necessary under
section 4(e)(2), shall consult with the Secretary of the Interior and
any potentially affected Indian Tribes regarding the responsibilities
of the United States in the project area under any applicable treaty
with an Indian Tribe, as determined by a court of competent
jurisdiction.
``(c) Exclusion.--This section shall not apply to any project that,
as of the date of enactment of the Community and Hydropower Improvement
Act--
``(1) is licensed under this part; and
``(2) is not located on any land or interest in land, the
legal title to which is held by the United States in trust for
the benefit of an Indian Tribe.''.
SEC. 14. COORDINATION OF COMMISSION AND OTHER AGENCIES ISSUING FEDERAL
AUTHORIZATIONS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) (as amended
by section 13) is amended by adding at the end the following:
``SEC. 38. COORDINATION OF COMMISSION AND OTHER AGENCIES ISSUING
FEDERAL AUTHORIZATIONS.
``(a) Definitions.--In this section:
``(1) Conditioning agency.--The term `conditioning agency'
means a Federal agency (other than the Commission), a State
agency, or an Indian Tribe that has the authority to issue a
Federal authorization.
``(2) Federal authorization.--The term `Federal
authorization' means any authorization required under Federal
law with respect to an application for a license, including
any--
``(A) license;
``(B) condition of a license submitted by the
applicable Secretary or an Indian Tribe under section
4(e)(2);
``(C) prescription submitted by the applicable
Secretary under section 18;
``(D) permit;
``(E) special use authorization;
``(F) certification;
``(G) opinion;
``(H) consultation;
``(I) determination; or
``(J) other approval.
``(b) Coordination of Schedule.--
``(1) Initial conference.--Not later than 90 days after the
date on which an applicant submits to the Commission a
notification of intent to apply for a license under this part,
the Commission, after consultation with each conditioning
agency, shall convene a technical conference, with a transcript
to be taken by the Commission and submitted to the public
record, to coordinate the respective efforts and schedules of
the Commission and the conditioning agencies relating to
studies and other information, consultations, environmental
reviews, and decisionmaking.
``(2) Joint schedule and record.--
``(A) Establishment.--To the extent reasonably
practicable, the Commission and the applicable
conditioning agencies shall establish, with respect to
each project that is the subject of a notification of
intent to apply for a license under this part--
``(i) a joint schedule that will permit the
timely completion of decisions required to be
made with respect to, and timely issuance of,
Federal authorizations by the Commission and
the conditioning agencies; and
``(ii) a record supporting the basis for
the respective decisions of the Commission and
the conditioning agencies.
``(B) Consideration of waivers and modifications.--
The Commission and the conditioning agencies shall
consider waivers or modifications of the requirements
of respective rules, within statutory limits, as
appropriate--
``(i) to establish a joint schedule for the
proceeding; and
``(ii) to ensure timely decisionmaking.
``(3) Subsequent conferences.--
``(A) In general.--After the date on which the
initial conference is convened under paragraph (1), the
Commission shall convene subsequent technical
conferences, as appropriate and after consultation with
each conditioning agency, to address changed
circumstances that may--
``(i) allow for greater coordination of
efforts and schedules; or
``(ii) threaten the ability of the
Commission or any conditioning agency to
maintain any joint schedule established under
paragraph (2).
``(B) Transcript.--The Commission shall take a
transcript of any technical conference convened under
this paragraph, to be submitted to the public record.
``(4) Failure to agree.--If the Commission and a
conditioning agency are unable to establish or maintain a joint
schedule under paragraph (2), the Commission and conditioning
agency shall submit to the public record maintained by the
Commission, not later than 30 days after the conclusion of the
technical conference under paragraph (1) or (3), as applicable,
a statement that--
``(A) identifies each inconsistency or conflict;
``(B) explains the position taken by each agency
causing the inconsistency or conflict; and
``(C) provides an analysis, supported by
information in the public record, of the factual basis
for the inconsistent or conflicting position taken by
each agency.
``(c) Coordination of Information and Studies.--
``(1) Conference.--As early as practicable after the date
on which an applicant submits to the Commission a notification
of intent to apply for a license under this part, the
Commission, after consultation with each conditioning agency,
shall convene a technical conference to address existing
information and potential new studies relevant to the
development of the record that would support agency
decisionmaking.
``(2) Joint study plan.--To the extent reasonably
practicable, the Commission and the applicable conditioning
agencies shall establish, with respect to each project that is
the subject of a notification of intent to apply for a license
under this part, a joint study plan.
``(3) Failure to agree.--If 1 or more agencies are unable
to establish or maintain a joint study plan, the applicable
agencies shall submit to the public record maintained by the
Commission, not later than 30 days after the conclusion of the
technical conference under paragraph (1), a statement that--
``(A) identifies each inconsistency or conflict;
``(B) explains the position taken by each agency
causing the inconsistency or conflict; and
``(C) provides an analysis, supported by
information in the public record, of the factual basis
for the inconsistent or conflicting position taken by
each agency.
``(d) Trial-Type Hearing.--For any trial-type hearing conducted
under section 4(e)(2) or 18, the Commission--
``(1) may participate as a party for purposes of advocating
the factual analyses of Commission staff relating to any
disputed issue of material fact; and
``(2) shall give due weight to the findings of fact
resulting from the trial-type hearing in preparing any
environmental analysis under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(e) Consultation on Inconsistent or Conflicting License Terms.--
``(1) In general.--If a term or condition of a Federal
authorization submitted or recommended for inclusion in a
license under this part conflicts or is otherwise inconsistent
with another such term or condition in a Federal authorization,
the Commission shall initiate and facilitate consultation with
the conditioning agencies submitting conflicting or
inconsistent terms or conditions, to attempt to resolve the
inconsistency or conflict.
``(2) Requirements.--The consultation period under
paragraph (1) shall--
``(A) be not longer than 90 days; and
``(B) include at least 1 technical conference or
similar meeting.
``(3) Action on agreement.--If the agencies submitting
terms or conditions of a Federal authorization resolve an
inconsistency or conflict under this subsection, the agencies
shall establish a reasonable schedule and deadline, not later
than 90 days after the conclusion of the consultation, to amend
and reissue the relevant Federal authorizations to reflect that
resolution, as appropriate.
``(4) Failure to agree.--If the agencies submitting terms
or conditions of a Federal authorization are unable to resolve
an inconsistency or conflict under this subsection, the
agencies shall submit to the public record maintained by the
Commission, not later than 30 days after the conclusion of the
consultation, a statement that--
``(A) identifies the inconsistency or conflict; and
``(B) explains the reason for the inconsistency or
conflict, supported by information in the public
record.
``(f) Public Notice and Participation.--
``(1) Notice.--The Commission shall issue public notice of
each technical conference between the Commission and a
conditioning agency under this section.
``(2) Participation.--Each technical conference under this
section shall be held open to participation by--
``(A) the applicable license applicant; and
``(B) other licensing participants.
``(g) Rulemaking.--Not later than 1 year after the date of
enactment of the Community and Hydropwer Improvement Act, after
providing notice and an opportunity for public comment, the Commission
shall promulgate regulations to implement the requirements of this
section.''.
SEC. 15. OFF-SITE CONSIDERATIONS IN HYDROPOWER LICENSING.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) (as amended
by section 14) is amended by adding at the end the following:
``SEC. 39. OFF-SITE CONSIDERATIONS IN HYDROPOWER LICENSING.
``(a) Definitions.--In this section:
``(1) Conditioning agency; federal authorization.--The
terms `conditioning agency' and `Federal authorization' have
the meanings given the terms in section 38(a).
``(2) Nonjurisdictional dam.--The term `nonjurisdictional
dam' means any non-Federal dam, dike, embankment, or other
barrier that--
``(A) is constructed to hold back or divert water;
and
``(B) is not--
``(i) licensed under this part; or
``(ii) exempted from the license
requirements contained in this part.
``(3) Off-site measure.--The term `off-site measure' means
any activity intended to mitigate the project effects by
replacing or providing substitute resources or habitat at a
location different from the project area.
``(b) Off-Site Measures.--
``(1) In general.--In discharging responsibilities under
any Federal authorization for the protection of, mitigation of
damage to, and enhancement of resources affected by a project,
the Commission and conditioning agencies--
``(A) shall consider and include in the public
record off-site measures recommended by any licensing
participant, including Federal resource agencies, State
resource agencies Indian Tribes, and the public; but
``(B) shall not require any off-site measure that
is not proposed by the applicant.
``(2) Coordination.--An off-site measure under this
subsection may include coordination with another project in the
applicable basin.
``(3) Effect on regulatory responsibilities.--The adoption
by the Commission or any conditioning agency of an off-site
measure proposed by an applicant shall satisfy the applicable
requirements of a Federal authorization that otherwise would be
necessary or appropriate to mitigate a project effect
associated with the project site, subject to the condition that
the Commission and conditioning agencies shall give preference
to onsite measures to achieve that mitigation.
``(4) Project extent.--Notwithstanding section 3(11), the
land, infrastructure, improvements, and waters associated with
any off-site mitigation measure shall not be required to be
included as part of a project, subject to the condition that
any off-site measure adopted under this section shall be
included, implemented, and enforced as a license condition
issued by the Commission under this part.
``(c) Nonjurisdictional Dam Removal.--
``(1) In general.--The requirements of this subsection
apply to any off-site measure that--
``(A) includes removal of a nonjurisdictional dam;
``(B) is proposed by an applicant; and
``(C) is approved by the Commission or a
conditioning agency under a Federal authorization.
``(2) Liability protection.--
``(A) In general.--Notwithstanding any other
provision of Federal, State, Tribal, local, or common
law, a licensee shall not be liable for any harm, loss,
or other damage to an individual or entity, property, a
natural resource, or the environment, or any damages
resulting from dam removal, arising from, relating to,
or triggered by an action associated with the removal
of a nonjurisdictional dam under this section,
including any damage caused by the release of any
material or substance (including a hazardous
substance), if the licensee and the owner of the
nonjurisdictional dam or third party have entered into
a legally enforceable agreement ensuring that the owner
(or an assignee) or third party retains that liability.
``(B) Funding.--Notwithstanding any other provision
of Federal, State, local, or common law, no individual
or entity contributing funds for removal of a
nonjurisdictional dam under this section shall be held
liable, solely by virtue of that funding, for any harm,
loss, or other damage to an individual or entity,
property, or the environment, or damages, arising from
the removal of a facility or facility operations
arising from, relating to, or triggered by an action
associated with removal of the nonjurisdictional dam,
including any damage caused by the release of any
material or substance (including a hazardous
substance).
``(3) Preemption.--
``(A) In general.--Notwithstanding section 10(c),
except as provided in subparagraph (B), protection from
liability under this subsection shall preempt the law
of any State or Indian Tribe to the extent that the
State or Tribal law is inconsistent with this section.
``(B) Exception.--Nothing in this subsection limits
any otherwise-available immunity, privilege, or defense
under any other provision of law.
``(d) Rulemaking.--Not later than 1 year after the date of
enactment of the Community and Hydropwer Improvement Act, the
Commission, after providing notice and an opportunity for public
comment, shall promulgate regulations to implement the requirements of
this section.''.
SEC. 16. MICRO HYDROPOWER FACILITIES.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) (as amended
by section 15) is amended by adding at the end the following:
``SEC. 40. MICRO HYDROPOWER FACILITIES.
``(a) In General.--To improve the regulatory process and reduce
delays and costs for new development of hydropower facilities with an
installed capacity of 1,000 kilowatts or less (referred to in this
section as `micro hydropower facilities'), the Commission shall
investigate--
``(1) opportunities to expand the use of micro hydropower
facilities in the United States for purposes of--
``(A) capturing the electric generating potential
of existing hydraulic processes without requiring the
construction of any new dam or similar infrastructure;
``(B) reducing United States dependence on fossil
fuel resources for power and energy; and
``(C) serving rural, underserved, or isolated
communities; and
``(2) regulatory processes for, and administration of,
micro hydropower facilities, including with respect to--
``(A) the protection, mitigation, and enhancement
of fish and wildlife (including related spawning
grounds and habitat) and other beneficial public uses,
including irrigation, flood control, water supply, and
recreational and other purposes referred to in section
4(e)(5);
``(B) achieving cost-effective and administratively
efficient regulation of micro hydropower facilities
that are commensurate with the size, expanse, and
environmental effects of micro hydropower facilities;
and
``(C) protecting public safety and the structural
integrity of project works.
``(b) Information Gathering.--In carrying out subsection (a), the
Commission shall--
``(1) consult with the Secretary of Energy, Federal and
State resource agencies, Indian Tribes, and the public; and
``(2) at a minimum--
``(A) solicit--
``(i) relevant technical, scientific, and
regulatory information; and
``(ii) public comment;
``(B) convene regional technical conferences to
address the investigation subjects described in
subsection (a); and
``(C) provide an opportunity for public comment
after the technical conferences under subparagraph (B).
``(c) Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Community and Hydropwer Improvement Act, the
Commission shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that--
``(A) analyzes each of the investigation subjects
described in subsection (a), including--
``(i) a quantitative assessment of--
``(I) the quantity of energy that
could likely be produced by a program
to expand the use of micro hydropower
facilities in the United States; and
``(II) the environmental and
economic feasibility of an expanded use
of micro hydropower facilities; and
``(ii) specific recommendations regarding
the means by which Congress may address or
remedy each identified issue;
``(B) describes the processes adopted, and any
comments received, under subsection (b), including the
response of the Commission to comments received from
the Secretary of Energy, Federal and State resource
agencies, Indian Tribes, and the public; and
``(C) includes--
``(i) a description of each recommendation
submitted relating to the draft report under
paragraph (2); and
``(ii) an explanation of the reasons of the
Commission for not adopting any submitted
recommendation, if applicable, as supported by
information gathered under subsection (b).
``(2) Draft report.--Before submitting the report under
paragraph (1), the Commission shall provide a draft report to
the Secretary of Energy, Federal and State resource agencies,
Indian Tribes, and the public for review and comment for a
period of not less than 60 days.''.
SEC. 17. REPORTING REQUIREMENT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act and every 5 years thereafter, the Federal Energy Regulatory
Commission shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that describes progress with respect
to the implementation of this Act and the amendments made by this Act.
(b) Requirement.--A report submitted under subsection (a) shall--
(1) identify any facilities for which expedited licensing
was sought under section 34 of the Federal Power Act (16 U.S.C.
823e) during the period covered by the report, including--
(A) the licensing status for each facility,
including all incomplete Federal authorizations needed
for a licensing decision;
(B) whether the facility qualified for expedited
licensing under that section; and
(C) if the facility did not qualify for expedited
licensing under that section, the reasons for such
determination;
(2) identify all closed-loop and off-stream pumped storage
projects for which expedited licensing was sought under section
35 of the Federal Power Act (as added by section 12) during the
period covered by the report, including--
(A) the licensing status for each project,
including all incomplete Federal authorizations needed
for a licensing decision;
(B) whether the project qualified for expedited
licensing under that section; and
(C) if the project did not qualify for expedited
licensing under that section, the reasons for such
determination;
(3) identify each instance in which an Indian Tribe
exercised the right of an Indian Tribe under section 37 of the
Federal Power Act (as added by section 13) by deeming a
condition to a license under part I of the Federal Power Act
(16 U.S.C. 792 et seq.) to be necessary under paragraph (2)(A)
of section 4(e) of that Act (16 U.S.C. 797(e)), including--
(A) the nature of the condition and the Tribal
resources protected by the condition; and
(B) whether any party to the proceeding sought a
trial-type hearing related to the condition under
paragraph (2)(B) of that section, an alternative
condition under section 33(a) of that Act (16 U.S.C.
823d(a)), or otherwise challenged the condition;
(4) identify and describe the outcomes of the efforts of
Federal agencies to establish or maintain joint schedules under
section 38(b) of the Federal Power Act (as added by section
14), with a discussion of specific examples that demonstrate
trends, conflicts, and successes associated with the joint
schedules;
(5) identify and describe the outcomes of the efforts of
Federal agencies to establish or maintain joint study plans
under section 38(c) of the Federal Power Act (as added by
section 14), with a discussion of specific examples that
demonstrate trends, conflicts, and successes associated with
the joint study plans; and
(6) identify and describe the outcomes of the efforts of
Federal agencies to resolve inconsistent or conflicting license
terms under section 38(e) of the Federal Power Act (as added by
section 14), with a discussion of specific examples that
demonstrate trends, conflicts, and successes associated with
the opportunity to seek resolution of inconsistent or
conflicting license terms.
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