,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bhgb ,,in ,,the ,,house ,,of ,,representatives ,june #ab1 #bjag,mr4 ,bucshon introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,federal ,power ,act to promote hydropower development at existing nonpowered dams1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,hydropower ,development at ,existing ,nonpowered ,dams ,act4 #b4 ,promoting hydropower development at existing nonpowered dams ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 is amended by adding at the end the following3 #cd4 ,promoting hydropower development at existing nonpowered dams 7a7 ,exemptions for qualifying facilities 7#a7 ,exemption qualifications ,subject to the requirements of this subsection1 the ,commission may grant an exemption in whole or in part from the requirements of this part1 including any license requirements contained in this part1 to any facility the ,commission determines is a qualifying facility4 7#b7 ,consultation with ,federal and ,state agencies ,in granting any exemption under this subsection1 the ,commission shall consult with-- 7,a7 the ,united ,states ,fish and ,wildlife ,service1 the ,national ,marine ,fisheries ,service1 and the ,state agency exercising administrative control over the fish and wildlife resources of the ,state in which the facility will be located1 in the manner provided by the ,fish and ,wildlife ,coordination ,act2 7,b7 any ,federal department supervising any public lands or reservations occupied by the project2 and 7,c7 any ,indian tribe affected by the project4 7#c7 ,exemption conditions 7,a7 ,in general ,the ,commission shall include in any exemption granted under this subsection only such terms and conditions that the ,commission determines are-- 7i7 necessary to protect public safety2 or 7ii7 reasonable1 economically feasible1 and essential to prevent loss of or damage to1 or to mitigate adverse effects on1 fish and wildlife resources directly caused by the construction and operation of the qualifying facility1 as compared to the environmental baseline existing at the time the ,commission grants the exemption4 7,b7 ,no changes to release regime ,no ,federal authorization required with respect to a qualifying facility1 including an exemption granted by the ,commission under this subsection1 may include any condition or other requirement that results in any material change to the storage1 control1 withdrawal1 diversion1 release1 or flow operations of the associated qualifying nonpowered dam4 7#d7 ,environmental review ,the ,commission's environmental review under the ,national ,environmental ,policy ,act of #aifi of a proposed exemption under this subsection shall consist only of an environmental assessment1 unless the ,commission determines1 by rule or order1 that the ,commission's obligations under such ,act for granting exemptions under this subsection can be met through a categorical exclusion4 7#e7 ,violation of terms of exemption ,any violation of a term or condition of any exemption granted under this subsection shall be treated as a violation of a rule or order of the ,commission under this ,act4 7#f7 ,annual charges for enhancement activities ,exemptees under this subsection for any facility located at a non-,federal dam shall pay to the ,united ,states reasonable annual charges in an amount to be fixed by the ,commission for the purpose of funding environmental enhancement projects in watersheds in which facilities exempted under this subsection are located4 ,such annual charges shall be equivalent to the annual charges for use of a ,government dam under section #aj7;e71 unless the ,commission determines1 by rule1 that a lower charge is appropriate to protect exemptees' investment in the project or avoid increasing the price to consumers of power due to such charges4 ,the proceeds of charges made by the ,commission under this paragraph shall be paid into the ,treasury of the ,united ,states and credited to miscellaneous receipts4 ,subject to annual appropriation ,acts1 such proceeds shall be available to ,federal and ,state fish and wildlife agencies for purposes of carrying out specific environmental enhancement projects in watersheds in which one or more facilities exempted under this subsection are located4 ,not later than #ahj days after the date of enactment of this section1 the ,commission shall establish rules1 after notice and opportunity for public comment1 for the collection and administration of annual charges under this paragraph4 7#g7 ,effect of jurisdiction ,the jurisdiction of the ,commission over any qualifying facility exempted under this subsection shall extend only to the qualifying facility exempted and any associated primary transmission line1 and shall not extend to any conduit1 dam1 impoundment1 shoreline or other land1 or any other project work associated with the qualifying facility exempted under this subsection4 7b7 ,definitions ,for purposes of this section3 7#a7 ,federal authorization ,the term ,federal authorization-- 7,a7 means any authorization required under ,federal law with respect to an application for a license1 license amendment1 or exemption under this part2 and 7,b7 includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law to approve or implement the license1 license amendment1 or exemption under this part4 7#b7 ,qualifying criteria ,the term qualifying criteria means1 with respect to a facility-- 7,a7 as of the date of enactment of this section1 the facility is not licensed under1 or exempted from the license requirements contained in1 this part2 7,b7 the facility will be associated with a qualifying nonpowered dam2 7,c7 the facility will be constructed1 operated1 and maintained for the generation of electric power2 7,d7 the facility will use for such generation any withdrawals1 diversions1 releases1 or flows from the associated qualifying nonpowered dam1 including its associated impoundment or other infrastructure2 and 7,e7 the operation of the facility will not result in any material change to the storage1 control1 withdrawal1 diversion1 release1 or flow operations of the associated qualifying nonpowered dam4 7#c7 ,qualifying facility ,the term qualifying facility means a facility that is determined under this section to meet the qualifying criteria4 7#d7 ,qualifying nonpowered dam ,the term qualifying nonpowered dam means any dam1 dike1 embankment1 or other barrier-- 7,a7 the construction of which was completed on or before the date of enactment of this section2 7,b7 that is operated for the control1 release1 or distribution of water for agricultural1 municipal1 navigational1 industrial1 commercial1 environmental1 recreational1 aesthetic1 or flood control purposes2 7,c7 that1 as of the date of enactment of this section1 is not equipped with hydropower generating works that are licensed under1 or exempted from the license requirements contained in1 this part2 and 7,d7 that1 in the case of a non-,federal dam1 has been certified by an independent consultant approved by the ,commission as complying with the ,commission's dam safety requirements4 4