#aaeth ,,congress #ast ,session ,h4 ,r4 #cjdc ,,an ,,act ,to modernize hydropower policy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hydropower ,policy ,modernization ,act of #bjag4 #b4 ,hydropower regulatory improvements 7a7 ,sense of ,congress on the use of hydropower renewable resources ,it is the sense of ,congress that-- 7#a7 hydropower is a renewable resource for purposes of all ,federal programs and is an essential source of energy in the ,united ,states2 and 7#b7 the ,united ,states should increase substantially the capacity and generation of clean1 renewable hydropower that would improve environmental quality in the ,united ,states4 7b7 ,modifying the definition of renewable energy to include hydropower ,section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7 is amended-- 7#a7 in subsection 7a71 by striking the following amounts and all that follows through paragraph 7#c7 and inserting not less than #ae percent in fiscal year #bjag and each fiscal year thereafter shall be renewable energy42 and 7#b7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,renewable energy ,the term renewable energy means electric energy generated from solar1 wind1 biomass1 landfill gas1 ocean 7including tidal1 wave1 current1 and thermal71 geothermal1 or municipal solid waste1 or from a hydropower project4 4 7c7 ,preliminary permits ,section #e of the ,federal ,power ,act 7#af ,u4,s4,c4 #gih7 is amended-- 7#a7 in subsection 7a71 by striking three and inserting #d2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,the ,commission may-- 7#a7 extend the period of a preliminary permit once for not more than #d additional years beyond the #d years permitted by subsection 7a7 if the ,commission finds that the permittee has carried out activities under such permit in good faith and with reasonable diligence2 and 7#b7 if the period of a preliminary permit is extended under paragraph 7#a71 extend the period of such preliminary permit once for not more than #d additional years beyond the extension period granted under paragraph 7#a71 if the ,commission determines that there are extraordinary circumstances that warrant such additional extension4 4 7d7 ,time limit for construction of project works ,section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 is amended in the second sentence by striking once but not longer than two additional years and inserting for not more than #h additional years14 7e7 ,license term ,section #ae7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjh7;e77 is amended-- 7#a7 by striking 7e7 ,except and inserting the following3 7e7 ,license term on relicensing 7#a7 ,in general ,except 2 and 7#b7 by adding at the end the following3 7#b7 ,consideration ,in determining the term of a license under paragraph 7#a71 the ,commission shall consider1 among other things1 project-related investments to be made by the licensee under a new license issued under this section1 as well as project-related investments made by a licencee over the term of the existing license 7including any terms under annual licenses74 ,in considering such investments1 the ,commission shall give the same weight to-- 7,a7 investments to be made by the licensee to implement a new license issued under this section1 including-- 7i7 investments in redevelopment1 new construction1 new capacity1 efficiency1 modernization1 rehabilitation1 and safety improvements2 and 7ii7 investments in environmental1 recreation1 and other protection1 mitigation1 or enhancement measures that will be required or authorized by the license2 and 7,b7 investments made by the licensee over the term of the existing license 7including any terms under annual licenses71 beyond those required by the existing license when issued1 that-- 7i7 resulted in1 during the term of the existing license-- 7,i7 redevelopment1 new construction1 new capacity1 efficiency1 modernization1 rehabilitation1 or safety improvements2 or 7,,ii7 environmental1 recreation1 or other protection1 mitigation1 or enhancement measures2 and 7ii7 did not result in the extension of the term of the existing license by the ,commission4 4 7f7 ,alternative conditions and prescriptions ,section #cc of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking deems and inserting determines2 7,b7 in paragraph 7#b77;,b71 in the matter preceding clause 7i71 by inserting determined to be necessary before by the ,secretary2 7,c7 by striking paragraph 7#d72 and 7,d7 by striking paragraph 7#e72 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#d72 and 7,b7 by striking paragraph 7#e72 and 7#c7 by adding at the end the following3 7c7 ,further conditions ,this section applies to any further conditions or prescriptions proposed or imposed pursuant to section #d7;e71 #f1 or #ah4 4 #c4 ,hydropower licensing and process improvements 7a7 ,hydropower licensing and process improvements ,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 ,hydropower licensing and process improvements 7a7 ,definition ,in this section1 the term ,federal authorization-- 7#a7 means any authorization required under ,federal law with respect to an application for a license 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 license under this part4 7b7 ,designation as lead agency 7#a7 ,in general ,the ,commission shall act as the lead agency for the purposes of coordinating all applicable ,federal authorizations and for the purposes of complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,other agencies and ,indian tribes 7,a7 ,in general ,each ,federal1 ,state1 and local government agency and ,indian tribe considering an aspect of an application for ,federal authorization shall coordinate with the ,commission and comply with the deadline established in the schedule developed for the license under this part in accordance with the rule issued by the ,commission under subsection 7c74 7,b7 ,identification ,the ,commission shall identify1 as early as practicable after it is notified by the applicant for a license under this part1 any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for a ,federal authorization4 7,c7 ,notification 7i7 ,in general ,the ,commission shall notify any agency and ,indian tribe identified under subparagraph 7,b7 of the opportunity to participate in the process of reviewing an aspect of an application for a ,federal authorization4 7ii7 ,deadline ,each agency and ,indian tribe receiving a notice under clause 7i7 shall submit a response acknowledging receipt of the notice to the ,commission within #cj days of receipt of such notice and request4 7,d7 ,issue identification and resolution 7i7 ,identification of issues ,federal1 ,state1 and local government agencies and ,indian tribes that may consider an aspect of an application for ,federal authorization shall identify1 as early as possible1 and share with the ,commission and the applicant1 any issues of concern identified during the pendency of the ,commission's action under this part relating to any ,federal authorization that may delay or prevent the granting of such authorization1 including any issues that may prevent the agency or ,indian tribe from meeting the schedule established for the license under this part in accordance with the rule issued by the ,commission under subsection 7c74 7ii7 ,issue resolution ,the ,commission may forward any issue of concern identified under clause 7i7 to the heads of the relevant ,state and ,federal agencies 7including1 in the case of an issue of concern identified by a ,state or local government agency or ,indian tribe1 the ,federal agency overseeing the delegated authority1 or the ,secretary of the ,interior with regard to an issue of concern identified by an ,indian tribe1 as applicable7 for resolution4 ,if the ,commission forwards an issue of concern to the head of a relevant agency1 the ,commission and the relevant agency shall enter into a memorandum of understanding to facilitate interagency coordination and resolution of such issues of concern1 as appropriate4 7c7 ,schedule 7#a7 ,commission rulemaking to establish process to set schedule ,not later than #ahj days after the date of enactment of this section the ,commission shall1 in consultation with the appropriate ,federal agencies1 issue a rule1 after providing for notice and public comment1 establishing a process for setting a schedule following the filing of an application under this part for a license for the review and disposition of each ,federal authorization4 7#b7 ,elements of scheduling rule ,in issuing a rule under this subsection1 the ,commission shall ensure that the schedule for each ,federal authorization-- 7,a7 includes deadlines for actions by-- 7i7 any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for the ,federal authorization2 7ii7 the applicant2 7iii7 the ,commission2 and 7iv7 other participants in any applicable proceeding2 7,b7 is developed in consultation with the applicant and any agency and ,indian tribe that submits a response under subsection 7b77#b77;,c77ii72 7,c7 provides an opportunity for any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for the applicable ,federal authorization to identify and resolve issues of concern1 as provided in subsection 7b77#b77;,d72 7,d7 complies with applicable schedules established under ,federal and ,state law2 7,e7 ensures expeditious completion of all proceedings required under ,federal and ,state law1 to the extent practicable2 and 7,f7 facilitates completion of ,federal and ,state agency studies1 reviews1 and any other procedures required prior to1 or concurrent with1 the preparation of the ,commission's environmental document required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7d7 ,transmission of final schedule 7#a7 ,in ,general ,for each application for a license under this part1 the ,commission shall establish a schedule in accordance with the rule issued by the ,commission under subsection 7c74 ,the ,commission shall publicly notice and transmit the final schedule to the applicant and each agency and ,indian tribe identified under subsection 7b77#b77;,b74 7#b7 ,response ,each agency and ,indian tribe receiving a schedule under this subsection shall acknowledge receipt of such schedule in writing to the ,commission within #cj days4 7e7 ,adherence to schedule ,all applicants1 other licensing participants1 and agencies and ,indian tribes considering an aspect of an application for a ,federal authorization shall meet the deadlines set forth in the schedule established pursuant to subsection 7d77#a74 7f7 ,application processing ,the ,commission1 ,federal1 ,state1 and local government agencies1 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 application4 ,all costs of an agency or tribe incurred pursuant to direct funding by the applicant1 including all costs associated with the third party contractor1 shall not be considered costs of the ,united ,states for the administration of this part under section #aj7;e74 7g7 ,commission recommendation on scope of environmental review ,for the purposes of coordinating ,federal authorizations for each license under this part1 the ,commission shall consult with and make a recommendation to agencies and ,indian tribes receiving a schedule under subsection 7d7 on the scope of the environmental review for all ,federal authorizations for such license4 ,each ,federal and ,state agency and ,indian tribe shall give due consideration and may give deference to the ,commission's recommendations1 to the extent appropriate under ,federal law4 7h7 ,extension of deadline 7#a7 ,application ,a ,federal1 ,state1 or local government agency or ,indian tribe that is unable to complete its disposition of a ,federal authorization by the deadline set forth in the schedule established under subsection 7d77#a7 shall1 not later than #cj days prior to such deadline1 file for an extension with the ,commission4 7#b7 ,extension ,the ,commission shall only grant an extension filed for under paragraph 7#a7 if the agency or ,indian tribe demonstrates1 based on the record maintained under subsection 7i71 that complying with the schedule established under subsection 7d77#a7 would prevent the agency or tribe from complying with applicable ,federal or ,state law4 ,if the ,commission grants the extension1 the ,commission shall set a reasonable schedule and deadline1 that is not later than #ij days after the deadline set forth in the schedule established under subsection 7d77#a71 for the agency or tribe to complete its disposition of the ,federal authorization4 7i7 ,consolidated record ,the ,commission shall1 with the cooperation of ,federal1 ,state1 and local government agencies and ,indian tribes1 maintain a complete consolidated record of all decisions made or actions taken by the ,commission or by a ,federal administrative agency or officer 7or ,state or local government agency or officer or ,indian tribe acting under delegated ,federal authority7 with respect to any ,federal authorization4 ,such record shall constitute the record for judicial review under section #cac7;b74 7j7 ,submission of license recommendations1 conditions1 and prescriptions 7#a7 ,submission of recommendations ,any ,federal or ,state agency that is providing recommendations with respect to a license proceeding under this part shall submit to the ,commission for inclusion in the consolidated record relating to the license proceeding maintained under subsection 7i7-- 7,a7 the recommendations2 7,b7 the rationale for the recommendations2 and 7,c7 any supporting materials relating to the recommendations4 7#b7 ,written statement ,in a case in which a ,federal agency is making a determination with respect to a covered measure 7as defined in section #ce7;a771 the head of the ,federal agency shall submit to the ,commission for inclusion in the consolidated record1 in addition to the information required under paragraph 7#a71 a written statement demonstrating that the ,federal agency gave equal consideration to the effects of the covered measure on-- 7,a7 energy supply1 distribution1 cost1 and use2 7,b7 flood control2 7,c7 navigation2 7,d7 water supply2 and 7,e7 air quality and the preservation of other aspects of environmental quality4 7#c7 ,information from other agencies ,in preparing a written statement under paragraph 7#b71 the head of a ,federal agency may make use of information produced or made available by other agencies with relevant expertise in the factors described in subparagraphs 7,a7 through 7,e7 of that paragraph4 7k7 ,delegation ,a ,secretary may delegate the authority to determine a condition to be necessary under section #d7;e71 or to prescribe a fishway under section #ah1 to an officer of the applicable department based1 in part1 on the ability of the officer to evaluate the broad effects of such condition or prescription on-- 7#a7 the applicable project2 and 7#b7 the factors described in subparagraphs 7,a7 through 7,e7 of subsection 7j77#b74 7l7 ,no effect on other laws ,nothing in this section shall be construed to affect any requirement of the ,federal ,water ,pollution ,control ,act1 the ,fish and ,wildlife ,coordination ,act1 the ,endangered ,species ,act of #aigc1 section #ad of the ,act of ,march #c1 #ahii 7commonly known as the ,rivers and ,harbors ,appropriation ,act of #ahii71 and those provisions in subtitle ,,iii of title #ed1 ,united ,states ,code commonly known as the ,national ,historic ,preservation ,act1 with respect to an application for a license under this part4 #ce4 ,trial-type hearings 7a7 ,definition of covered measure ,in this section1 the term covered measure means-- 7#a7 a condition determined to be necessary under section #d7;e71 including an alternative condition proposed under section #cc7;a72 7#b7 fishways prescribed under section #ah1 including an alternative prescription proposed under section #cc7;b72 or 7#c7 any action by the ,secretary to exercise reserved authority under the license to prescribe1 submit1 or revise any condition to a license under the first proviso of section #d7;e7 or fishway prescribed under section #ah4 7b7 ,authorization of trial-type hearing ,an applicant for a license under this part 7including an applicant for a license under section #ae7 and any party to a license proceeding shall be entitled to a determination on the record1 after opportunity for a trial-type hearing of not more than #abj days1 on any disputed issues of material fact with respect to an applicable covered measure4 7c7 ,deadline for request ,a request for a trial-type hearing under this section shall be submitted not later than #fj days after the date on which1 as applicable-- 7#a7 the ,secretary determines the condition to be necessary under section #d7;e7 or prescribes the fishway under section #ah2 or 7#b7 the ,secretary exercises reserved authority under the license to prescribe1 submit1 or revise any condition to a license under the first proviso of section #d7;e7 or fishway prescribed under section #ah1 as appropriate4 7d7 ,no requirement to exhaust ,by electing not to request a trial-type hearing under subsection 7c71 a license applicant and any other party to a license proceeding shall not be considered to have waived the right of the applicant or other party to raise any issue of fact or law in a non-trial-type proceeding1 but no issue may be raised for the first time on rehearing or judicial review of the license decision of the ,commission4 7e7 ,administrative ,law ,judge 7#a7 ,in general ,all disputed issues of material fact raised by a party in a request for a trial-type hearing submitted under subsection 7c7 shall be determined in a single trial-type hearing to be conducted by an ,administrative ,law ,judge within the ,office of ,administrative ,law ,judges and ,dispute ,resolution of the ,commission1 in accordance with the ,commission rules of practice and procedure under part #che of title #ah1 ,code of ,federal ,regulations 7or successor regulations71 and within the timeframe established by the ,commission for each license proceeding 7including a proceeding for a license under section #ae7 under section #cd7;d74 7#b7 ,requirement ,the trial-type hearing shall include the opportunity-- 7,a7 to undertake discovery2 and 7,b7 to cross-examine witnesses1 as applicable4 7f7 ,stay ,the ,administrative ,law ,judge may impose a stay of a trial-type hearing under this section for a period of not more than #abj days to facilitate settlement negotiations relating to resolving the disputed issues of material fact with respect to the covered measure4 7g7 ,decision of the ,administrative ,law ,judge 7#a7 ,contents ,the decision of the ,administrative ,law ,judge shall contain-- 7,a7 findings of fact on all disputed issues of material fact2 7,b7 conclusions of law necessary to make the findings of fact1 including rulings on materiality and the admissibility of evidence2 and 7,c7 reasons for the findings and conclusions4 7#b7 ,limitation ,the decision of the ,administrative ,law ,judge shall not contain conclusions as to whether-- 7,a7 any condition or prescription should be adopted1 modified1 or rejected2 or 7,b7 any alternative condition or prescription should be adopted1 modified1 or rejected4 7#c7 ,finality ,a decision of an ,administrative ,law ,judge under this section with respect to a disputed issue of material fact shall not be subject to further administrative review4 7#d7 ,service ,the ,administrative ,law ,judge shall serve the decision on each party to the hearing and forward the complete record of the hearing to the ,commission and the ,secretary that proposed the original condition or prescription4 7h7 ,secretarial determination 7#a7 ,in general ,not later than #fj days after the date on which the ,administrative ,law ,judge issues the decision under subsection 7g7 and in accordance with any applicable schedule established by the ,commission under section #cd7;d71 the ,secretary proposing a covered measure shall file with the ,commission a final determination to adopt1 modify1 or withdraw any condition or prescription that was the subject of a hearing under this section1 based on the decision of the ,administrative ,law ,judge4 7#b7 ,record of determination ,the final determination of the ,secretary filed with the ,commission shall identify the reasons for the decision and any considerations taken into account that were not part of1 or were inconsistent with1 the findings of the ,administrative ,law ,judge and shall be included in the consolidated record maintained under section #cd7;i74 7i7 ,resolution of matters ,notwithstanding sections #d7;e7 and #ah1 if the ,commission finds that a final determination under 7h77#a7 of the ,secretary is inconsistent with the purposes of this part or other applicable law1 the ,commission may enter into a memorandum of understanding with the ,secretary to facilitate interagency coordination and resolve the matter4 7j7 ,judicial review ,the decision of the ,administrative ,law ,judge and the record of determination of the ,secretary shall be included in the record of the applicable licensing proceeding and subject to judicial review of the final licensing decision of the ,commission under section #cac7;b74 #cf4 ,licensing study improvements 7a7 ,in general ,to facilitate the timely and efficient completion of the license proceedings under this part1 the ,commission shall1 in consultation with applicable ,federal and ,state agencies and interested members of the public-- 7#a7 compile current and accepted best practices in performing studies required in such license proceedings1 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 science2 7#b7 compile a comprehensive collection of studies and data accessible to the public that could be used to inform license proceedings under this part2 and 7#c7 encourage license applicants1 agencies1 and ,indian tribes to develop and use1 for the purpose of fostering timely and efficient consideration of license applications1 a limited number of open-source methodologies and tools applicable across a wide array of projects1 including water balance models and streamflow analyses4 7b7 ,use of studies ,to the extent practicable1 the ,commission and other ,federal1 ,state1 and local government agencies and ,indian tribes considering an aspect of an application for ,federal authorization 7as defined in section #cd7 shall use studies and data based on current1 accepted science in support of their actions4 ,any participant in a proceeding with respect to such a ,federal authorization shall demonstrate that a study requested by the participant is not duplicative of current1 existing studies that are applicable to the project4 7c7 ,intra-,watershed review ,the ,commission shall establish a program to develop comprehensive plans1 at the request of project applicants1 on a watershed-wide scale1 in consultation with the applicants1 appropriate ,federal agencies1 and affected ,states1 local governments1 and ,indian tribes1 in watersheds with respect to which there are more than one application for a project4 ,upon such a request1 the ,commission1 in consultation with the applicants1 such ,federal agencies1 and affected ,states1 local governments1 and ,indian tribes1 may conduct or commission watershed-wide environmental studies1 with the participation of at least #b applicants4 ,any study conducted under this subsection shall apply only to a project with respect to which the applicants participate4 #cg4 ,license amendment improvements 7a7 ,qualifying project upgrades 7#a7 ,in general ,as provided in this section1 the ,commission may approve an application under this section for an amendment to a license issued under this part for a qualifying project upgrade4 7#b7 ,application ,a licensee filing an application for an amendment to a project license1 for which the licensee is seeking approval as a qualified project upgrade under this section1 shall include in such application information sufficient to demonstrate that the proposed change to the project described in the application is a qualifying project upgrade4 7#c7 ,notice and initial determination on qualification ,not later than #cj days after receipt of an application under paragraph 7#b71 the ,commission1 in consultation with other ,federal agencies1 ,states1 and ,indian tribes the ,commission determines appropriate1 shall publish in the ,federal ,register a notice containing-- 7,a7 notice of the application filed under paragraph 7#b72 7,b7 an initial determination as to whether the proposed change to the project described in the application for a license amendment is a qualifying project upgrade2 and 7,c7 a request for public comment on the application and the initial determination4 7#d7 ,public comment and consultation ,the ,commission shall1 for a period of #de days beginning on the date of publication of a notice under paragraph 7#c7-- 7,a7 accept public comment regarding the application and whether the proposed license amendment is for a qualifying project upgrade2 and 7,b7 consult with each ,federal1 ,state1 and local government agency and ,indian tribe considering an aspect of an application for any authorization required under ,federal law with respect to the proposed license amendment1 as well as other interested agencies and ,indian tribes4 7#e7 ,final determination on qualification ,not later than #ae days after the end of the public comment and consultation period under paragraph 7#d71 the ,commission shall publish in the ,federal ,register a final determination as to whether the proposed license amendment is for a qualifying project upgrade4 7#f7 ,federal authorizations ,in establishing the schedule for a proposed license amendment for a qualifying project upgrade1 the ,commission shall require final disposition of all authorizations required under ,federal law with respect to an application for such license amendment1 other than final action by the ,commission1 by not later than #abj days after the date on which the ,commission publishes a final determination under paragraph 7#e7 that the proposed license amendment is for a qualifying project upgrade4 7#g7 ,commission action ,not later than #aej days after the date on which the ,commission publishes a final determination under paragraph 7#e7 that a proposed license amendment is for a qualifying project upgrade1 the ,commission shall take final action on the license amendment application4 7#h7 ,license amendment conditions ,any condition or prescription included in or applicable to a license amendment for a qualifying project upgrade approved under this subsection1 including any condition1 prescription1 or other requirement of a ,federal authorization1 shall be limited to those that are-- 7,a7 necessary to protect public safety2 or 7,b7 reasonable1 economically feasible1 and essential to prevent loss of or damage to1 or to mitigate adverse effects on1 fish and wildlife resources1 water supply1 and water quality that are directly caused by the construction and operation of the qualifying project upgrade1 as compared to the environmental baseline existing at the time the ,commission approves the application for the license amendment4 7#i7 ,rulemaking ,not later than #ahj days after the date of enactment of this section1 the ,commission shall1 after notice and opportunity for public comment1 issue a rule to implement this subsection4 7#aj7 ,definitions ,for purposes of this subsection3 7,a7 ,qualifying project upgrade ,the term qualifying project upgrade means a change to a project licensed under this part that meets the qualifying criteria1 as determined by the ,commission4 7,b7 ,qualifying criteria ,the term qualifying criteria means1 with respect to a project licensed under this part1 a change to the project that-- 7i7 if carried out1 would be unlikely to adversely affect any species listed as threatened or endangered under the ,endangered ,species ,act of #aigc or result in the destruction or adverse modification of critical habitat1 as determined in consultation with the ,secretary of the ,interior or ,secretary of ,commerce1 as appropriate1 in accordance with section #g of the ,endangered ,species ,act of #aigc2 7ii7 is consistent with any applicable comprehensive plan under section #aj7;a77#b72 7iii7 includes only changes to project lands1 waters1 or operations that1 in the judgment of the ,commission1 would result in only insignificant or minimal cumulative adverse environmental effects2 7iv7 would be unlikely to adversely affect water quality or water supply2 and 7v7 proposes to implement-- 7,i7 capacity increases1 efficiency improvements1 or other enhancements to hydropower generation at the licensed project2 7,,ii7 environmental protection1 mitigation1 or enhancement measures to benefit fish and wildlife resources or other natural and cultural resources2 or 7,,iii7 improvements to public recreation at the licensed project4 7b7 ,amendment approval processes 7#a7 ,rule ,not later than #a year after the date of enactment of this section1 the ,commission shall1 after notice and opportunity for public comment1 issue a rule establishing new standards and procedures for license amendment applications under this part4 ,in issuing such rule1 the ,commission shall seek to develop the most efficient and expedient process1 consultation1 and review requirements1 commensurate with the scope of different categories of proposed license amendments4 ,such rule shall account for differences in environmental effects across a wide range of categories of license amendment applications4 7#b7 ,capacity ,in issuing a rule under this subsection1 the ,commission shall take into consideration that a change in generating or hydraulic capacity may indicate the potential environmental effects of a proposed license amendment but is not determinative of such effects4 7#c7 ,process options ,in issuing a rule under this subsection1 the ,commission shall take into consideration the range of process options available under the ,commission's regulations for license applications and adapt such options to amendment applications1 where appropriate4 4 #d4 ,technical and conforming amendments 7a7 ,licenses ,section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended-- 7#a7 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 reservation3 ,provided further1 ,that no license affecting the navigable capacity2 and 7#b7 by striking deem and inserting determine4 7b7 ,operation of navigation facilities ,section #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #haa7 is amended by striking the second1 third1 and fourth sentences4 #e4 ,consideration of invasive species ,section #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #haa7 is amended by inserting after the ,secretary of ,commerce4 the following3 ,in prescribing a fishway1 the ,secretary of ,commerce or the ,secretary of the ,interior1 as appropriate1 shall consider the threat of invasive species44 #f4 ,examination of licenses for projects located in disaster areas ,not later than one year after the date of enactment of this ,act1 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 #bjag4 #g4 ,studies for non-federal hydropower ,notwithstanding any other provision of law1 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 7regardless of explicit ,congressional authorization for such non-federal hydropower71 the other ,federal agency may fully study and review the potential expansion of such non-federal hydropower at the project1 including a review of seasonal pool levels and slowing flood releases4 ,passed the ,house of ,representatives ,november #h1 #bjag4;,clerk4