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115th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      115-391

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3043) TO MODERNIZE 
     HYDROPOWER POLICY, AND FOR OTHER PURPOSES, AND PROVIDING FOR 
 CONSIDERATION OF THE BILL (H.R. 3441) TO CLARIFY THE TREATMENT OF TWO 
OR MORE EMPLOYERS AS JOINT EMPLOYERS UNDER THE NATIONAL LABOR RELATIONS 
              ACT AND THE FAIR LABOR STANDARDS ACT OF 1938

                                _______
                                

  November 6, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Byrne, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 607]

    The Committee on Rules, having had under consideration 
House Resolution 607, by a record vote of 9 to 2, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3043, the 
Hydropower Policy Modernization Act of 2017, under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
the purpose of amendment the amendment in the nature of a 
substitute recommended by the Committee on Energy and Commerce 
now printed in the bill, and provides that it shall be 
considered as read. The resolution waives all points of order 
against that amendment in the nature of a substitute. The 
resolution makes in order only those further amendments printed 
in this report. Each such amendment may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in this report. The 
resolution provides one motion to recommit with or without 
instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 3441, the Save Local Business Act, under a closed rule. 
The resolution provides one hour of debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Education and the Workforce. The resolution waives 
all points of order against consideration of the bill. The 
resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on Education and the 
Workforce now printed in the bill shall be considered as 
adopted and that the bill, as amended, shall be considered as 
read. The resolution waives all points of order against 
provisions in the bill, as amended. The resolution provides one 
motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 3043, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 3043 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 3043 printed in this report, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 3441, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 3441, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 137

    Motion by Ms. Slaughter to provide H.R. 3441 and H.R. 3043 
each an open rule. Defeated: 2-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Woodall.....................................          Nay   Mr. McGovern......................          Yea
Mr. Burgess.....................................          Nay   Mr. Hastings of Florida...........  ............
Mr. Collins.....................................          Nay   Mr. Polis.........................  ............
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Buck........................................          Nay
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 138

    Motion by Mr. Cole to report the rule. Adopted: 9-2

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Woodall.....................................          Yea   Mr. McGovern......................          Nay
Mr. Burgess.....................................          Yea   Mr. Hastings of Florida...........  ............
Mr. Collins.....................................          Yea   Mr. Polis.........................  ............
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Buck........................................          Yea
Ms. Cheney......................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 3043 MADE IN ORDER

    1. Pocan (WI), Grothman (WI): Requires the U.S. Department 
of Interior consider the threat of invasive species when it 
makes decisions on hydropower licensing. (10 minutes)
    2. Babin (TX): Allows FERC to examine the licenses of any 
project located in an area that was declared by the President 
to be a disaster area in 2017. (10 minutes)
    3. Jenkins, Evan (WV): Ensures that when hydro projects 
have an existing Memorandum of Understanding for non-federal 
hydropower with FERC that all relevant federal agencies are 
authorized to fully study and review the potential expansion of 
non-federal hydropower, including a review of seasonal pool 
levels and slowing flood releases. (10 minutes)
    4. Rush (IL): (SUBSTITUTE) Adds a new section to the 
Federal Power Act (FPA) to improve the hydropower licensing 
process. It directs the Commission and the Federal resource 
agencies to convene a negotiated rulemaking within 90 days of 
enactment with state and local government representatives, 
Indian tribes, and stakeholders to develop a process that will 
coordinate all necessary Federal authorizations and enable the 
Commission to make a final decision on a license not later than 
3 years of receiving a completed license application. (10 
minutes)

             TEXT OF AMENDMENTS TO H.R. 3043 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Pocan of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 5. CONSIDERATION OF INVASIVE SPECIES.

  Section 18 of the Federal Power Act (16 U.S.C. 811) is 
amended by inserting after ``the Secretary of Commerce.'' the 
following: ``In prescribing a fishway, the Secretary of 
Commerce or the Secretary of the Interior, as appropriate, 
shall consider the threat of invasive species.''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Babin of Texas or His 
                   Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 5. EXAMINATION OF LICENSES FOR PROJECTS LOCATED IN DISASTER AREAS.

  Not later than one year after the date of enactment of this 
Act, the Federal Energy Regulatory Commission may examine the 
license issued by the Commission under part I of the Federal 
Power Act for any project that is located in an area that was 
declared by the President to be a disaster area in 2017.
                              ----------                              


    3. An Amendment To Be Offered by Representative Jenkins of West 
           Virginia or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 5. STUDIES FOR NON-FEDERAL HYDROPOWER.

  Notwithstanding any other provision of law, if the Federal 
Energy Regulatory Commission has in place a memorandum of 
understanding with another Federal agency for non-federal 
hydropower with respect to a project licensed under part I of 
the Federal Power Act (regardless of explicit Congressional 
authorization for such non-federal hydropower), the other 
Federal agency may fully study and review the potential 
expansion of such non-federal hydropower at the project, 
including a review of seasonal pool levels and slowing flood 
releases.
                              ----------                              


4. An Amendment To Be Offered by Representative Rush of Illinois or His 
                   Designee, Debatable for 10 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Hydropower Policy 
Modernization Act of 2017''.

SEC. 2. HYDROPOWER REGULATORY IMPROVEMENTS.

  (a) Sense of Congress on the Use of Hydropower Renewable 
Resources.--It is the sense of Congress that--
          (1) hydropower is a renewable resource for purposes 
        of all Federal programs and is an essential source of 
        energy in the United States; and
          (2) the United States should increase substantially 
        the capacity and generation of clean, renewable 
        hydropower that would improve environmental quality in 
        the United States.
  (b) Modifying the Definition of Renewable Energy to Include 
Hydropower.--Section 203 of the Energy Policy Act of 2005 (42 
U.S.C. 15852) is amended--
          (1) in subsection (a), by amending paragraphs (1) 
        through (3) to read as follows:
          ``(1) Not less than 17 percent in fiscal years 2017 
        through 2019.
          ``(2) Not less than 20 percent in fiscal years 2020 
        through 2024.
          ``(3) Not less than 25 percent in fiscal year 2025 
        and each fiscal year thereafter.''; and
          (2) in subsection (b), by striking paragraph (2) and 
        inserting the following:
          ``(2) Renewable energy.--The term `renewable energy' 
        means electric energy generated from solar, wind, 
        biomass, landfill gas, ocean (including tidal, wave, 
        current, and thermal), geothermal, or municipal solid 
        waste, or from a hydropower project.''.
  (c) Preliminary Permits.--Section 5 of the Federal Power Act 
(16 U.S.C. 798) is amended--
          (1) in subsection (a), by striking ``three'' and 
        inserting ``4''; and
          (2) by amending subsection (b) to read as follows:
  ``(b) The Commission may--
          ``(1) extend the period of a preliminary permit once 
        for not more than 4 additional years beyond the 4 years 
        permitted by subsection (a) if the Commission finds 
        that the permittee has carried out activities under 
        such permit in good faith and with reasonable 
        diligence; and
          ``(2) if the period of a preliminary permit is 
        extended under paragraph (1), extend the period of such 
        preliminary permit once for not more than 4 additional 
        years beyond the extension period granted under 
        paragraph (1), if the Commission determines that there 
        are extraordinary circumstances that warrant such 
        additional extension.''.
  (d) Time Limit for Construction of Project Works.--Section 13 
of the Federal Power Act (16 U.S.C. 806) is amended in the 
second sentence by striking ``once but not longer than two 
additional years'' and inserting ``for not more than 8 
additional years,''.
  (e) Considerations for Relicensing Terms.--Section 15(e) of 
the Federal Power Act (16 U.S.C. 808(e)) is amended--
          (1) by striking ``(e) Except'' and inserting the 
        following:
  ``(e) License Term on Relicensing.--
          ``(1) In general.--Except''; and
          (2) by adding at the end the following:
          ``(2) Consideration.--In determining the term of a 
        license under paragraph (1), the Commission shall 
        consider project-related investments by the licensee 
        over the term of the existing license (including any 
        terms under annual licenses) that resulted in new 
        development, construction, capacity, efficiency 
        improvements, or environmental measures, but which did 
        not result in the extension of the term of the license 
        by the Commission.''.

SEC. 3. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.

  (a) Hydropower Licensing and Process Improvements.--Part I of 
the Federal Power Act (16 U.S.C. 792 et seq.) is amended by 
adding at the end the following:

``SEC. 34. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.

  ``(a) Definition.--In this section, the term `Federal 
authorization'--
          ``(1) means any authorization required under Federal 
        law with respect to an application for a license under 
        this part; and
          ``(2) includes any conditions, prescriptions, 
        permits, special use authorizations, certifications, 
        opinions, or other approvals as may be required under 
        Federal law to approve or implement the license under 
        this part.
  ``(b) Designation as Lead Agency.--The Commission shall act 
as the lead agency for the purposes of complying with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) with respect to an application for a license under this 
part.
  ``(c) Rulemaking to Establish Process to Set Schedule.--
          ``(1) Negotiated rulemaking.--Not later than 90 days 
        after the date of enactment of this section the 
        Commission, the Secretary of Agriculture, the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, and the Secretary of the Interior shall 
        enter into a negotiated rulemaking pursuant to 
        subchapter III of chapter 5 of title 5, United States 
        Code, to develop and publish a rule providing a process 
        for the Commission to evaluate, and issue a final 
        decision on, a completed application for a license 
        under this part.
          ``(2) Negotiated rulemaking committee.--The 
        negotiated rulemaking committee established pursuant to 
        the negotiated rulemaking process entered into under 
        paragraph (1) shall include representatives of State 
        and Indian tribal governments, and other stakeholders 
        who will be significantly affected by a rule issued 
        under this subsection.
          ``(3) Deadlines.--
                  ``(A) Proposed rule.--Not later than 2 years 
                after the date of enactment of this section, 
                the Commission shall publish a proposed rule 
                resulting from the negotiated rulemaking under 
                this subsection.
                  ``(B) Final rule.--Not later than 3 years 
                after the date of enactment of this section, 
                the Commission shall publish a final rule 
                resulting from the negotiated rulemaking under 
                this subsection.
          ``(4) Elements of rule.--In publishing a rule under 
        this subsection, the Commission shall ensure that--
                  ``(A) the rule includes a description of the 
                Commission's responsibility as the lead agency 
                in coordinating Federal authorizations;
                  ``(B) the rule includes a process for 
                development of a schedule for the review and 
                disposition of a completed application for a 
                license under this part;
                  ``(C) each schedule developed pursuant to 
                such process shall--
                          ``(i) include deadlines for actions 
                        on the applicable completed 
                        application--
                                  ``(I) that are consistent 
                                with the duties of each agency 
                                under this Act and under 
                                applicable State, tribal, and 
                                other Federal laws; and
                                  ``(II) by--
                                          ``(aa) each Federal 
                                        agency responsible for 
                                        a Federal 
                                        authorization;
                                          ``(bb) each State 
                                        agency, local 
                                        government, or Indian 
                                        tribe that may consider 
                                        an aspect of an 
                                        application for a 
                                        Federal authorization 
                                        or is responsible for 
                                        conducting any separate 
                                        permitting and 
                                        environmental reviews 
                                        of the applicable 
                                        project;
                                          ``(cc) the applicant;
                                          ``(dd) the 
                                        Commission; and
                                          ``(ee) other 
                                        participants in a 
                                        license proceeding;
                          ``(ii) facilitate the identification 
                        and completion of Federal, State, and 
                        tribal agency-requested studies, 
                        reviews, and any other procedures 
                        required to be conducted prior to, or 
                        concurrent with, the preparation of the 
                        Commission's environmental review 
                        required under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.), to the extent 
                        practicable; and
                          ``(iii) provide for a final decision 
                        on the applicable completed application 
                        to be made by not later than 3 years 
                        after the date on which the Commission 
                        receives such completed application;
                  ``(D) the rule includes a mechanism for 
                resolving issues of concern that may delay the 
                completion of a license application or review 
                of a completed application;
                  ``(E) the rule includes a definition of a 
                completed application; and
                  ``(F) the rule provides for an opportunity 
                for public notice and comment on--
                          ``(i) a completed application; and
                          ``(ii) the schedule developed for the 
                        review and disposition of the 
                        application.
  ``(d) Application Processing.--The Commission, Federal, 
State, and local government agencies, and Indian tribes may 
allow an applicant seeking a Federal authorization to fund a 
third-party contractor selected by such an agency or tribe to 
assist in reviewing the application. All costs of an agency or 
tribe incurred pursuant to direct funding by the applicant, 
including all costs associated with the third party contractor, 
shall not be considered costs of the United States for the 
administration of this part under section 10(e).
  ``(e) Issue Resolution.--The Commission may forward any issue 
of concern that has delayed either the completion of the 
application or the issuance of a license for a completed 
application beyond the deadline set forth in the schedule 
established under the final rule published under subsection (c) 
to the heads of the relevant State, Federal, or Indian tribal 
agencies for resolution. If the Commission forwards an issue of 
concern to the head of a relevant agency, the Commission and 
the relevant agency shall enter into a memorandum of 
understanding to facilitate interagency coordination and 
resolution of the issue of concern, as appropriate.
  ``(f) No Effect on Other Laws.--Nothing in this section--
          ``(1) expands or limits the application of any power 
        or authority vested in an agency, State, or Indian 
        tribe by any applicable law or regulation;
          ``(2) shall be construed to affect any requirements 
        of State, tribal, or other Federal law (including under 
        the Federal Water Pollution Control Act, the Fish and 
        Wildlife Coordination Act, the Endangered Species Act 
        of 1973, section 14 of the Act of March 3, 1899 
        (commonly known as the Rivers and Harbors Appropriation 
        Act of 1899), the Coastal Zone Management Act of 1972, 
        the Magnuson-Stevens Fishery Conservation and 
        Management Act, and those provisions in subtitle III of 
        title 54, United States Code, commonly known as the 
        National Historic Preservation Act) with respect to an 
        application for a license under this part; or
          ``(3) abrogates, diminishes, or otherwise affects any 
        treaty or other right of any Indian tribe.

``SEC. 35. LICENSING STUDY IMPROVEMENTS.

  ``(a) In General.--To facilitate the timely and efficient 
completion of the license proceedings under this part, the 
Commission shall, in consultation with applicable Federal and 
State agencies and interested members of the public--
          ``(1) compile current and accepted best practices in 
        performing studies required in such license 
        proceedings, including methodologies and the design of 
        studies to assess the full range of environmental 
        impacts of a project that reflect the most recent peer-
        reviewed science;
          ``(2) compile a comprehensive collection of studies 
        and data accessible to the public that could be used to 
        inform license proceedings under this part; and
          ``(3) encourage license applicants, agencies, and 
        Indian tribes to develop and use, for the purpose of 
        fostering timely and efficient consideration of license 
        applications, a limited number of open-source 
        methodologies and tools applicable across a wide array 
        of projects, including water balance models and 
        streamflow analyses.
  ``(b) Use of Studies.--To the extent practicable, the 
Commission and other Federal, State, and local government 
agencies and Indian tribes considering an aspect of an 
application for Federal authorization (as defined in section 
34) shall use relevant, existing studies and data and avoid 
duplicating such studies that are applicable to the project. 
Studies repeated for the purpose of characterizing seasonal or 
annual variation of a relevant characteristic or resource shall 
not be considered duplicative.

``SEC. 36. EVALUATION OF EXPEDITED LICENSING FOR QUALIFYING PROJECT 
                    UPGRADES.

  ``(a) Definitions.--In this section:
          ``(1) Expedited license amendment process.--The term 
        `expedited license amendment process' means an 
        expedited process for issuing an amendment to an 
        existing license issued under this part for a project.
          ``(2) Qualifying project upgrade.--The term 
        `qualifying project upgrade' means a change--
                  ``(A) to a project; and
                  ``(B) that meets the criteria under 
                subsection (b).
  ``(b) In General.--To improve the regulatory process and 
reduce the time and cost of making upgrades to existing 
projects, the Commission shall investigate the feasibility of 
implementing an expedited license amendment process for a 
change to a project that meets the following criteria:
          ``(1) The change to the project--
                  ``(A) is limited to the power house equipment 
                of the project; or
                  ``(B) will result in environmental 
                protection, mitigation, or enhancement measures 
                to benefit fish and wildlife resources or other 
                natural or cultural resources.
          ``(2) The change to the project is unlikely to 
        adversely affect any species listed as threatened or 
        endangered under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), as determined by the Secretary of 
        the Interior.
          ``(3) The Commission ensures, in accordance with 
        section 7 of the Endangered Species Act of 1973 (16 
        U.S.C. 1536), that the change to the project will not 
        result in the destruction or modification of critical 
        habitat.
          ``(4) The change to the project is consistent with 
        any applicable comprehensive plan under section 10(a).
          ``(5) The change to the project is unlikely to 
        adversely affect water quality and water supply, as 
        determined in consultation with any applicable State or 
        Indian tribe.
          ``(6) Any adverse environmental effects resulting 
        from the change to the project will be insignificant.
  ``(c) Workshops and Pilots.--The Commission shall--
          ``(1) not later than 60 days after the date of 
        enactment of this section, hold an initial workshop to 
        solicit public comment and recommendations on how to 
        implement an expedited license amendment process for 
        qualifying project upgrades;
          ``(2) evaluate pending applications for an amendment 
        to an existing license of a project for a qualifying 
        project upgrade that may benefit from an expedited 
        license amendment process;
          ``(3) not later than 180 days after the date of 
        enactment of this section, identify and solicit 
        participation by project developers in, and begin 
        implementation of, a 3-year pilot program to evaluate 
        the feasibility and utility of an expedited license 
        amendment process for qualifying project upgrades; and
          ``(4) not later than 3 months after the end of the 3-
        year pilot program under paragraph (3), hold a final 
        workshop to solicit public comment on the expedited 
        license amendment process.
  ``(d) Memorandum of Understanding.--The Commission shall, to 
the extent practicable, enter into a memorandum of 
understanding with any applicable Federal, State, or tribal 
agency to implement the pilot program described in subsection 
(c).
  ``(e) Reports.--Not later than 3 months after the date of the 
final workshop held pursuant to subsection (c)(4), the 
Commission shall submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Energy and 
Natural Resources of the Senate a report that includes--
          ``(1) a summary of the public comments received as 
        part of the initial workshop held under subsection 
        (c)(1);
          ``(2) a summary of the public comments received as 
        part of the final workshop held under subsection 
        (c)(4);
          ``(3) a description of the expedited license 
        amendment process for qualifying project upgrades 
        evaluated under the pilot program, including--
                  ``(A) a description of the procedures or 
                requirements that were waived under the 
                expedited license amendment process;
                  ``(B) a comparison between--
                          ``(i) the average amount of time 
                        required to complete the licensing 
                        process for an amendment to a license 
                        under the expedited license amendment 
                        process tested under the pilot program; 
                        and
                          ``(ii) the average amount of time 
                        required to complete the licensing 
                        process for a similar amendment to a 
                        license under current Commission 
                        processes;
          ``(4) the number of requests received by the 
        Commission to participate in the expedited license 
        amendment process for qualifying project upgrades;
          ``(5) a description of changes to Commission rules 
        required to create and standardize an expedited license 
        amendment process for qualifying project upgrades;
          ``(6) a description of factors that prevented any 
        participant in the pilot program from completing the 
        expedited license amendment process in the expedited 
        time frame.
  ``(f) Implementation.--If the Commission determines, based 
upon the workshops and results of the pilot program under 
subsection (c), that an expedited license amendment process 
will reduce the time and costs for issuing amendments to 
licenses for qualifying project upgrades, the Commission shall 
revise its policies and regulations, in accordance with 
applicable law, to establish an expedited license amendment 
process.
  ``(g) Public Input.--In carrying out subsection (f), the 
Commission shall solicit and consider public comments before 
finalizing any change to policies or regulations.''.

SEC. 4. PILOT PROGRAM FOR CONSOLIDATED LICENSING PROCESS FOR INTRA-
                    WATERSHED PROJECTS.

  (a) Definitions.--In this section:
          (1) Commission.--The term ``Commission'' means the 
        Federal Energy Regulatory Commission.
          (2) Project.--The term ``project'' has the meaning 
        given such term in section 3 of the Federal Power Act 
        (16 U.S.C. 796).
  (b) Initial Workshop.--Not later than 3 months after the date 
of enactment of this Act, the Commission shall hold a workshop 
to solicit public comment and recommendations on how to 
implement a pilot program described in subsection (c).
  (c) Establishment of Pilot Program.--The Commission shall 
establish a voluntary pilot program to enable the Commission to 
consider multiple projects together in a consolidated licensing 
process in order to issue a license under part I of the Federal 
Power Act (16 U.S.C. 792 et seq.) for each such project.
  (d) Candidate Project Identification.--Not later than 1 year 
after the date of enactment of this Act, the Commission, in 
consultation with the head of any applicable Federal or State 
agency or Indian tribe and licensees, shall identify and 
solicit candidate projects to participate in the pilot program 
established under subsection (c). In order to participate in 
such pilot program a project shall meet the following criteria:
          (1) The current license for the project expires 
        between 2019 and 2029 or the project is not licensed 
        under part I of the Federal Power Act (16 U.S.C. 792 et 
        seq.).
          (2) The project is located within the same watershed 
        as other projects that are eligible to participate in 
        the pilot program.
          (3) The project is located in sufficiently close 
        proximity and has environmental conditions that are 
        sufficiently similar to other projects that are 
        eligible to participate in the pilot program so that 
        watershed-wide studies and information may be 
        developed, thereby significantly reducing the need for, 
        and scope of, individual project-level studies and 
        information.
  (e) Designation of Individual Projects as a Single Group.--
The Commission may designate a group of projects to be 
considered together in a consolidated licensing process under 
the pilot program established under subsection (c). The 
Commission may designate such a group only if each licensee (or 
applicant) for a project in the group, on a voluntary basis and 
in writing, agrees--
          (1) to participate in the pilot program; and
          (2) to a cost-sharing arrangement with other 
        licensees (or applicants) and applicable Federal and 
        State agencies with respect to the conduct of 
        watershed-wide studies to be considered in support of 
        the license applications for the group of projects.
  (f) Project License Terms.--The Commission may change the 
term of any existing license for an individual licensee in a 
group designated under subsection (e) by up to 5 years--
          (1) to provide sufficient time to develop a 
        consolidated study plan for--
                  (A) studies for individual projects in the 
                group, as necessary; and
                  (B) relevant watershed-wide studies for 
                purposes of the consolidated licensing process 
                under the pilot program established under 
                subsection (c) that will be applicable to each 
                project in the group; and
          (2) to align the terms of the existing licenses such 
        that they expire on the same date.
  (g) Memorandum of Understanding.--The Commission shall, to 
the extent practicable, enter into a memorandum of 
understanding with any applicable Federal or State agency or 
Indian tribe to implement the pilot program established under 
subsection (c).
  (h) Initial Report.--Not later than 3 months after the date 
of the initial workshop held pursuant to subsection (b), the 
Commission shall submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Energy and 
Natural Resources of the Senate a report that includes--
          (1) a summary of the public comments received as part 
        of such initial workshop; and
          (2) a preliminary plan for identifying and soliciting 
        participants in the pilot program established under 
        subsection (c).
  (i) Interim Report.--Not later than 4 years after the 
establishment of the pilot program under subsection (c), the 
Commission shall submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Energy and 
Natural Resources of the Senate a report that includes--
          (1) a description of the status of the pilot program, 
        including a description of the individual projects that 
        are participating in the pilot program and the 
        watersheds in which such projects are located; or
          (2) if no projects are participating in the pilot 
        program, a summary of any barriers the Commission has 
        identified to proceeding with the pilot program and the 
        reasons provided by potential participants for their 
        preference for using an individual license process.

SEC. 5. INTERAGENCY COMMUNICATIONS AND COOPERATION.

  Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is 
further amended by adding at the end the following new section:

``SEC. 37. INTERAGENCY COMMUNICATIONS AND COOPERATION.

  ``(a) Ex Parte Communications.--Interagency communications 
relating to the preparation of environmental documents under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) with respect to an application for a license under 
this part, or to the licensing process for a license under this 
part, shall not be considered to be ex parte communications 
under Commission rules.
  ``(b) Participation in Proceedings.--Interagency cooperation, 
at any time, in the preparation of environmental documents 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to an application for a license 
under this part, or in the licensing process for a license 
under this part, shall not preclude an agency from 
participating in a licensing proceeding under this part.
  ``(c) Separation of Staff.--Notwithstanding subsection (a), 
to the extent the Commission determines necessary, the 
Commission may require Federal and State agencies participating 
as cooperating agencies under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) to demonstrate a 
separation of staff that are cooperating with the Commission 
with respect to a proceeding under this part from staff that 
may participate in an intervention in the applicable 
proceeding.''.

SEC. 6. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY 
                    IMPROVEMENTS.

  (a) Hydroelectric Production Incentives.--Section 242 of the 
Energy Policy Act of 2005 (42 U.S.C. 15881) is amended--
          (1) in subsection (c), by striking ``10'' and 
        inserting ``20'';
          (2) in subsection (f), by striking ``20'' and 
        inserting ``30''; and
          (3) in subsection (g), by striking ``each of the 
        fiscal years 2006 through 2015'' and inserting ``each 
        of fiscal years 2017 through 2026''.
  (b) Hydroelectric Efficiency Improvement.--Section 243(c) of 
the Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended 
by striking ``each of the fiscal years 2006 through 2015'' and 
inserting ``each of fiscal years 2017 through 2026''.''.

SEC. 7. TECHNICAL AMENDMENTS.

  (a) Alternative Conditions.--Section 33(a)(2)(B) of the 
Federal Power Act (16 U.S.C. 823d(a)(2)(B)) is amended, in the 
matter preceding clause (i), by inserting ``deemed necessary'' 
before ``by the Secretary''.
  (b) Licenses.--Section 4(e) of the Federal Power Act (16 
U.S.C. 797(e)) is amended by striking ``adequate protection and 
utilization of such reservation'' and all that follows through 
``That no license affecting the navigable capacity'' and 
inserting ``adequate protection and utilization of such 
reservation. The license applicant and any party to the 
proceeding shall be entitled to a determination on the record, 
after opportunity for an agency trial-type hearing of no more 
than 90 days, on any disputed issues of material fact with 
respect to such conditions. All disputed issues of material 
fact raised by any party shall be determined in a single trial-
type hearing to be conducted by the relevant resource agency in 
accordance with the regulations promulgated under this 
subsection and within the time frame established by the 
Commission for each license proceeding. Within 90 days of the 
date of enactment of the Energy Policy Act of 2005, the 
Secretaries of the Interior, Commerce, and Agriculture shall 
establish jointly, by rule, the procedures for such expedited 
trial-type hearing, including the opportunity to undertake 
discovery and cross-examine witnesses, in consultation with the 
Federal Energy Regulatory Commission: Provided further, That no 
license affecting the navigable capacity''.

SEC. 8. IMPROVING CONSULTATION WITH INDIAN TRIBES.

  (a) Guidance Document.--
          (1) In general.--Not later than one year after the 
        date of enactment of this Act, the Federal Energy 
        Regulatory Commission and the Secretary of the Interior 
        shall prepare, in consultation with interested Indian 
        tribes, licensees under part I of the Federal Power 
        Act, and the public, a guidance document that 
        identifies best practices for the Commission, Federal 
        and State resource agencies, Indian tribes, and 
        applicants for licenses under part I of the Federal 
        Power Act for effective engagement of Indian tribes in 
        the consideration of applications for licenses under 
        part I of the Federal Power Act that may affect an 
        Indian reservation, a treaty, or other right of an 
        Indian tribe.
          (2) Updates.--The Commission and Secretary shall 
        update the guidance document prepared under paragraph 
        (1) every 10 years.
          (3) Public participation.--In preparing or updating 
        the guidance document, the Commission and the Secretary 
        shall convene public meetings at different locations in 
        the United States, and shall provide an opportunity for 
        written public comments.
  (b) Public Workshops.--
          (1) In general.--Not later than one year after 
        preparing or updating the guidance document under 
        subsection (a), the Commission shall convene public 
        workshops, held at different locations in the United 
        States, to inform and educate Commission staff, Federal 
        and State resource agencies, Indian tribes, applicants 
        for licenses under part I of the Federal Power Act, and 
        interested members of the public, on the best practices 
        identified in the guidance document.
          (2) Consultation.--In preparing the agenda for such 
        workshops, the Commission shall consult with the 
        Secretary of the Interior, interested Indian tribes, 
        and licensees under part I of the Federal Power Act.

SEC. 9. TRIBAL MANDATORY CONDITIONS.

  (a) In General.--Section 4 of the Federal Power Act (16 
U.S.C. 797) is amended--
          (1) in subsection (e), in the first proviso, by 
        inserting ``, or, in the case of tribal land, subject 
        to subsection (h), the Indian tribe having jurisdiction 
        over the tribal land,'' after ``under whose supervision 
        such reservation falls''; and
          (2) by adding at the end the following:
  ``(h) Tribal Mandatory Conditions.--
          ``(1) Criteria.--An Indian tribe may deem conditions 
        necessary under the first proviso of subsection (e) 
        only if the Secretary of the Interior (referred to in 
        this subsection as the `Secretary') determines that the 
        Indian tribe has--
                  ``(A) confirmed the intent of the Indian 
                tribe to deem conditions necessary under the 
                first proviso of subsection (e) by resolution 
                or other official action by the governing body 
                of the Indian tribe;
                  ``(B) demonstrated financial stability and 
                financial management capability over the 3-
                fiscal-year period preceding the date of the 
                determination of the Secretary under this 
                paragraph; and
                  ``(C) demonstrated the ability to plan, 
                conduct, and administer all services, 
                functions, and activities that would otherwise 
                be administered by the Secretary with respect 
                to deeming conditions necessary on tribal land 
                under the first proviso of subsection (e).
          ``(2) Determination on request.--On request of an 
        Indian tribe, not later than 1 year after the date on 
        which the Secretary receives the request, the Secretary 
        shall make the determination under paragraph (1).
          ``(3) Withdrawal of determination.--
                  ``(A) In general.--Subject to subparagraph 
                (B), if the Secretary determines that an Indian 
                tribe no longer meets the criteria under 
                paragraph (1), the Secretary may withdraw the 
                determination under paragraph (2).
                  ``(B) Notice and opportunity to respond.--
                Before withdrawing a determination under 
                subparagraph (A), the Secretary shall provide 
                to the Indian tribe--
                          ``(i) notice of the proposed 
                        withdrawal; and
                          ``(ii) an opportunity to respond and, 
                        if necessary, redress the deficiencies 
                        identified by the Secretary.''.
  (b) Alternative Conditions.--Section 33(a) of the Federal 
Power Act (16 U.S.C. 823d(a)) is amended--
          (1) in paragraph (1), by inserting ``or an Indian 
        tribe'' before ``deems a condition'';
          (2) in paragraph (2), by inserting ``or Indian 
        tribe'' after ``the Secretary'' each place it appears;
          (3) in paragraph (3), by inserting ``or Indian 
        tribe'' after ``the Secretary'' each place it appears;
          (4) in paragraph (4)--
                  (A) by inserting ``or Indian tribe'' before 
                ``concerned shall submit'';
                  (B) by inserting ``or Indian tribe'' before 
                ``gave equal consideration'';
                  (C) by inserting ``or Indian tribe'' after 
                ``may be available to the Secretary'';
                  (D) by inserting ``or Indian tribe'' before 
                ``shall also submit,''; and
                  (E) by striking ``available to the Secretary 
                and relevant to the Secretary's decision'' and 
                inserting ``available to the Secretary or 
                Indian tribe and relevant to the decision of 
                the Secretary or Indian tribe''; and
          (5) in paragraph (5)--
                  (A) by striking ``Secretary's final 
                condition'' and inserting ``final condition of 
                the Secretary or Indian tribe'';
                  (B) by inserting ``or Indian tribe'' after 
                ``consult with the Secretary'';
                  (C) by inserting ``or Indian tribe'' before 
                ``may accept the Dispute Resolution'';
                  (D) by inserting ``or Indian tribe'' after 
                ``advisory unless the Secretary'';
                  (E) by inserting ``or Indian tribe'' before 
                ``shall submit the advisory and''; and
                  (F) by striking ``Secretary's final written 
                determination'' and inserting ``final written 
                determination of the Secretary or Indian 
                tribe''.

SEC. 10. CONSIDERATION OF INVASIVE SPECIES.

  Section 18 of the Federal Power Act (16 U.S.C. 811) is 
amended by inserting after ``the Secretary of Commerce.'' the 
following: ``In prescribing a fishway, the Secretary of 
Commerce or the Secretary of the Interior, as appropriate, 
shall consider the threat of invasive species.''.

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