,,ii #aahth ,,congress #ast ,session ,s4 #aeba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #aj1 #bjbc,mr4 ,daines 7for himself and ,ms4 ,cantwell7 introduced the following bill2 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 projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,community and ,hydropower ,improvement ,act4 #b4 ,definitions ,section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking tribal lands embraced within ,indian reservations12 and 7,b7 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 ,tribe2 and2 7#b7 in paragraph 7#e71 by inserting ,indian ,tribe1 after ,state12 and 7#c7 by adding at the end the following3 7#cj7 ,indian ,tribe ,the term ,indian ,tribe means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published annually pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#ca7 ,project effects ,the term project effects has the meaning given the term in paragraph 7#a7 of section #bdjc7;c7 of the ,energy ,policy ,act of #aiib 7#af ,u4,s4,c4 #gig;d7c774 4 #c4 ,general powers of the ,federal ,energy ,regulatory ,commission 7a7 ,technical correction to the ,energy ,policy ,act of #bjje and ,federal ,power ,act 7#a7 ,energy ,policy ,act of #bjje 7,a7 ,in general ,section #bda7;a7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fgd7 is amended by striking after adequate protection and utilization of such reservation4 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 and4 7,b7 ,execution ,subparagraph 7,a7 and the amendments made by that subparagraph shall take effect as if included in the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja et seq471 and section #bda7;a7 of that ,act 7,public ,law #ajeh2 #aai ,stat4 #fgd7 and the amendments made by that section shall be executed as if the amendment made by subparagraph 7,a7 had been included in that ,act4 7#b7 ,federal ,power ,act ,section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended by striking the period after ,federal ,energy ,regulatory ,commission4 7b7 ,issuance of licenses ,section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended-- 7#a7 by striking the colon each place it appears and inserting a period2 7#b7 in the fourth proviso1 by striking ,and provided further1 ,that upon and inserting the following3 7#e7 ,notice2 considerations ,on 2 7#c7 in the third proviso1 by striking ,provided further1 ,that in case and inserting the following3 7#d7 ,public purposes ,in case 2 7#d7 in the second proviso1 by striking ,provided further1 ,that no license and inserting the following3 7#c7 ,navigable waters ,no license 2 7#e7 in the first proviso1 by striking ,provided1 ,that licenses and inserting the following3 7#b7 ,reservation 7,a7 ,in general ,licenses 2 7#f7 in the first sentence1 by striking 7e7 ,to issue licenses and inserting the following3 7e7 ,issuance of licenses 7#a7 ,in general ,to issue licenses 2 7#g7 in paragraph 7#a7 7as so designated71 by striking 1 or to any ,state and inserting 1 or to any ,state1 ,indian ,tribe12 7#h7 in paragraph 7#b77;,a7 7as so designated7-- 7,a7 by striking the fourth sentence and inserting the following3 7iii7 ,procedures ,not later than #ahj days after the date of enactment of the ,community and ,hydropwer ,improvement ,act1 the ,secretary of the ,interior1 ,secretary of the ,army1 the ,secretary of ,commerce1 and the ,secretary of ,agriculture shall jointly update1 by rule1 after consultation with the ,commission and providing notice and an opportunity for public comment1 the procedures for an expedited trial-type hearing under this section and section #ah1 including the opportunity to undertake discovery and cross-examine witnesses1 providing-- 7,i7 a forum for conditions submitted under section #cc7;a7 to obtain a hearing2 7,,ii7 a requirement that the party raising a disputed issue1 or the proponent of an alternative1 bears the burden of proof by a preponderance of the evidence2 and 7,,iii7 and opportunities for all parties to a trial-type hearing to participate in settlement negotiations before and after the hearing4 2 7,b7 in the third sentence-- 7i7 by striking by the relevant resource and inserting by the relevant2 and 7ii7 by striking ,all disputed and inserting the following3 7ii7 ,requirement ,all disputed 2 7,c7 in the second sentence-- 7i7 by inserting 1 including alternative conditions submitted under section #cc7;a71 as applicable after on any disputed issues of material fact with respect to such conditions2 and 7ii7 by striking ,the license applicant and inserting the following3 7,b7 ,hearing 7i7 ,in general ,the license applicant 2 and 7,d7 in the first sentence1 by striking shall deem necessary for the adequate protection and utilization of such reservation and inserting the following3 or the applicable ,indian ,tribe1 as provided in section #cg1 shall deem-- 7i7 necessary for the adequate protection and utilization of such reservation2 and 7ii7 reasonably related to project effects on-- 7,i7 the reservation2 and 7,,ii7 the utilization of the reservation 2 and 7#i7 in paragraph 7#e7 7as designated by paragraph 7#b771 by inserting addressing the effects of hydrologic alterations that may occur over the license term1 after the protection of recreational opportunities14 7c7 ,preliminary permits2 notice of application ,section #d7;f7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;f77 is amended1 in the proviso1 by inserting 1 ,indian ,tribe1 after in writing to any ,state4 #d4 ,approach to environmental review 7a7 ,in general ,section #bdjc of the ,energy ,policy ,act of #aiib 7#af ,u4,s4,c4 #gig;d7 is amended-- 7#a7 in the section heading1 by striking ,third party contracting by ,,ferc and inserting ,approach to environmental review2 7#b7 in subsection 7a7-- 7,a7 in the subsection heading1 by striking ,environmental impact statements and inserting ,third-,party contracting by the ,federal ,energy ,regulatory ,commission2 and 7,b7 in the first sentence1 by striking ,where the ,federal and inserting the following3 7#a7 ,environmental impact statements ,if the ,federal 2 7#c7 in subsection 7c71 by striking ,this section and inserting ,this subsection2 7#d7 by redesignating subsections 7b7 and 7c7 as paragraphs 7#b7 and 7#c71 respectively1 and indenting appropriately2 and 7#e7 by adding at the end the following3 7b7 ,cooperation with other agencies 7#a7 ,in general ,the ,federal ,energy ,regulatory ,commission shall request that any ,federal1 ,state1 or local agency or ,indian ,tribe with a responsibility under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 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 application4 7#b7 ,effect ,cooperation under paragraph 7#a7 shall not impair the right of a cooperating agency or ,indian ,tribe to participate as a party in a proceeding1 subject to appropriate protections against ex parte communications4 7c7 ,environmental effects 7#a7 ,definitions ,in this subsection3 7,a7 ,nonrecurring past effect ,the term nonrecurring past effect1 with respect to a project1 means an environmental effect that-- 7i7 may have been caused by-- 7,i7 the original construction or development of the project2 or 7,,ii7 prior operations of the project2 but 7ii7 has no ongoing effect on environmental resources4 7,b7 ,ongoing effect ,the term ongoing effect1 with respect to a project1 means a material environmental effect that would not occur or that would be different1 but for the continued existence1 operation1 or maintenance of the project4 7,c7 ,project ,the term project has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7,d7 ,project effects ,the term project effects means the ongoing effects and reasonably foreseeable effects of a project4 7,e7 ,reasonably foreseeable effect ,the term reasonably foreseeable effect1 with respect to a project1 means a material future environmental effect that-- 7i7 7,i7 in the case of new construction1 would not occur or would be different1 but for the construction1 existence1 operation1 or maintenance of the project2 or 7,,ii7 in the case of no new construction1 would not occur or would be different1 but for the existence1 operation1 or maintenance of the project2 and 7ii7 the ,federal ,energy ,regulatory ,commission1 another agency1 or an ,indian ,tribe determines1 based on substantial evidence-- 7,i7 is not speculative or improbable2 and 7,,ii7 is supported by monitoring1 modeling1 or other scientific analysis that is generally accepted in the scientific community4 7#b7 ,required considerations ,in carrying out any authorities and responsibilities under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 with respect to resources affected by the project1 the ,federal ,energy ,regulatory ,commission1 other agencies1 and ,indian ,tribes-- 7,a7 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 7#af ,u4,s4,c4 #gib et seq472 7,b7 shall not consider nonrecurring past effects of the dam and other appurtenant works of the project2 7,c7 7i7 shall consider whether the project has an adverse effect on any fish species2 and 7ii7 if a determination is made in the affirmative under clause 7i71 shall consider passage and nonpassage strategies for reasonably mitigating the adverse effect1 as appropriate1 based on-- 7,i7 the extent and quality of habitat upstream and downstream of the project1 including the feasibility of creating new habitat or improving existing habitat through habitat improvement projects2 7,,ii7 off-site mitigation as provided in section #ci of the ,federal ,power ,act2 7,,iii7 risks to the health of the fish and the river system associated with both passage and nonpassage strategies2 7,,iv7 costs of construction1 operation1 and maintenance associated with both passage and nonpassage strategies2 and 7,v7 such other biological1 operational1 and economic factors determined to be relevant by the ,federal ,energy ,regulatory ,commission1 other agencies1 and ,indian ,tribes2 7,d7 shall evaluate reasonably foreseeable project effects on hydrologic patterns1 other aspects of environmental quality and developmental uses during the term of the license1 based on fieldwork investigations1 literature reviews1 resource monitoring1 technical models1 or other appropriate methodologies1 consistent with generally accepted scientific practices2 7,e7 shall-- 7i7 for purposes of deploying a model under this subsection1 encourage the preferential use of open-sourced technical models1 subject to the limitation that nothing in this clause prohibits the use of a proprietary model or proprietary data2 and 7ii7 for purposes of using or otherwise relying on a model or data under this subsection-- 7,i7 ensure the validity of the model or data through validation analysis entered into the record2 and 7,,ii7 provide for the model1 including data and other modeling inputs and outputs1 to be reasonably available for evaluation1 operation1 reporting1 and review by licensing participants1 subject to appropriate protections relating to-- 7aa7 duplication or public disclosure of intellectual property associated with the model1 such as software code or algorithms2 and 7bb7 the public disclosure of proprietary or other data that would reveal trade secrets1 other information that is competitively sensitive1 or critical electric infrastructure information 7as defined in section #bae;,a7a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a7;a7772 7,f7 shall consider reasonably foreseeable effects of hydrologic alterations over the license term in the region in which the project is located1 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 7#e7 of section #d7;e7 and section #aj7;a77#a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hjc7;a77#a772 7,g7 shall ensure that any ,federal requirements applicable in the project area under any applicable ,federal treaty with an ,indian ,tribe1 as determined by a court of competent jurisdiction1 are met2 7,h7 shall consider innovative solutions and emerging technologies as a means of meeting responsibilities and authorities under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 in a cost-effective manner2 and 7,i7 shall consider1 based on an analysis prepared by the ,federal ,energy ,regulatory ,commission1 impacts of the determination or decision of the ,federal ,energy ,regulatory ,commission1 other agency1 or ,indian ,tribe1 as applicable1 on-- 7i7 grid reliability2 7ii7 any increase in the price of energy1 power1 and essential grid services to consumers of power2 and 7iii7 the ability to integrate intermittent generation resources4 7#c7 ,technical conferences ,not later than #ahj days after the date of enactment of the ,community and ,hydropwer ,improvement ,act and periodically thereafter1 as determined to be appropriate by the ,federal ,energy ,regulatory ,commission1 the ,federal ,energy ,regulatory ,commission1 in consultation with the ,secretary1 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 production1 water supply1 or flood control in the applicable region to quantify the considerations required under paragraph 7#b77;,f7 within an acceptable calculated range in licensing proceedings under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq474 7d7 ,citations to record ,in carrying out authorities and responsibilities under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 and sections #d7;e71 #aj1 #ah1 #cc1 and #cg of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hjc1 #haa1 #hbc;d71 the ,federal ,energy ,regulatory ,commission and other agencies and ,indian ,tribes shall-- 7#a7 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 information2 and 7#b7 state the basis for relying on the cited evidence for the purpose of making the findings on issues of material fact4 4 7b7 ,clerical amendment ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bgha7 is amended by striking the item relating to section #bdjc and inserting the following3 ,sec4 #bdjc4 ,approach to environmental review4 4 #e4 ,license duration1 conditions1 revocation1 alteration1 or surrender 7a7 ,voluntary license surrender procedures ,section #f of the ,federal ,power ,act 7#af ,u4,s4,c4 #gii7 is amended-- 7#a7 by striking the section designation and all that follows through ,licenses under in the first sentence and inserting the following3 #f4 ,license duration1 conditions1 revocation1 alteration1 or surrender 7a7 ,in general ,licenses under 2 and 7#b7 by adding at the end the following3 7b7 ,procedures for surrender of license 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,commission1 after providing for public notice and comment1 shall promulgate regulations establishing procedures for license surrender proceedings initiated by a licensee4 7#b7 ,inclusions ,the regulations promulgated under paragraph 7#a7 shall include-- 7,a7 a requirement for a licensee seeking a license surrender to prepare an initial public report that describes and analyzes-- 7i7 the surrender proposal2 7ii7 any alternatives considered for the disposition of project works2 7iii7 any impacts of the proposed license surrender on-- 7,i7 grid reliability2 7,,ii7 any increase in the price of energy1 power1 and essential grid services to consumers of power2 and 7,,iii7 the ability to integrate intermittent generating resources2 and 7iv7 any benefits of the proposed license surrender to-- 7,i7 surrounding communities2 and 7,,ii7 the natural environment2 7,b7 opportunities for the public-- 7i7 to comment on-- 7,i7 the initial public report2 and 7,,ii7 the surrender application2 7ii7 to propose other alternatives for the disposition of project works for consideration by the ,commission and licensee2 and 7iii7 to otherwise participate in the surrender proceeding2 7,c7 requirements for the licensee to consult with applicable ,federal and ,state resource agencies1 ,indian ,tribes1 and interested members of the public before filing the surrender application with the ,commission2 7,d7 procedures to develop a schedule for each surrender proceeding2 and 7,e7 procedures to expedite the surrender proceeding for a license that does not-- 7i7 present complex resource issues2 7ii7 involve significant controversy or public opposition2 or 7iii7 require other major regulatory approvals4 4 7b7 ,effect on ,federal dams 7#a7 ,in general ,nothing in this section 7including an amendment made by this section7 affects the continued operation of any federally owned dam1 including the ,federal dams on the ,lower ,snake ,river operated by the ,corps of ,engineers4 7#b7 ,no precedent ,no action carried out under section #f of the ,federal ,power ,act 7#af ,u4,s4,c4 #gii7 establishes a precedent for an action relating to a dam referred to in paragraph 7#a74 #f4 ,conditions of license2 report requirement 7a7 ,modification of plans2 factors considered ,to secure adaptability of project2 recommendations for proposed terms and conditions ,section #aj7;a77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;a77#b77 is amended by adding at the end the following3 7,d7 ,current and reasonably foreseeable future economic conditions material to the value of the project1 over the term of the license1 with respect to-- 7i7 providing revenues from sales of power1 generation capacity1 and ancillary services2 and 7ii7 other uses of the project4 7,e7 ,methods to collect and1 as appropriate1 publicly report hydrologic data relating to the operations of the project during a time interval appropriate for effective management of any affected waterways4 4 7b7 ,annual charges payable by licensees2 maximum rates2 application2 review and report to congress ,section #aj7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;e77 is amended-- 7#a7 in paragraph 7#a71 in the first sentence1 by inserting 1 in accordance with paragraph 7#e7 after for purposes of administering their responsibilities under this part2 and 7#b7 by adding at the end the following3 7#e7 ,in fixing reasonable annual charges under paragraph 7#a7 for purposes of administering the responsibilities of the ,united ,states under this part1 the ,commission-- 7,a7 notwithstanding section #igja of title #ca1 ,united ,states ,code1 section #cdja of the ,omnibus ,budget ,reconciliation ,act of #aihf 7#db ,u4,s4,c4 #gagh71 or any other provision of ,federal law relating to annual charges fixed under paragraph 7#a71 shall ensure that all administrative costs of the ,united ,states1 other than the administrative costs of the ,commission1 do not exceed the direct costs incurred by any department of the ,federal ,government or any agency1 bureau1 office1 or other subdivision of the applicable department1 in the participation of the applicable department in license proceedings under this part2 7,b7 shall not include costs of any department of the ,federal ,government or any agency1 bureau1 office1 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 applicant2 7,c7 shall include costs of a third-party contractor retained by any department of the ,federal ,government or any agency1 bureau1 office1 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 part1 if the costs-- 7i7 are not otherwise reimbursed directly to the department or subdivision of the department1 as provided in subparagraph 7,b72 and 7ii7 meet the requirements of subparagraph 7,d72 7,d7 shall provide a reasonable opportunity for public review and comment on the determinations of the ,commission under subparagraphs 7,a7 through 7,c7 before issuing any bills for annual charges for purposes of the administration of this part under paragraph 7#a72 and 7,e7 shall-- 7i7 respond to all comments received under subparagraph 7,d7 before issuing any bills for annual charges for the administrative costs of the ,united ,states under this part under paragraph 7#a72 and 7ii7 make any adjustments to the billing determinations in response to the comments received under subparagraph 7,d71 as appropriate4 4 7c7 ,fish and wildlife protection1 mitigation1 and enhancement2 consideration of recommendations2 findings ,section #aj7;j7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;j77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 ,for any project that may affect fish and wildlife resources protected under a ,federal treaty with an ,indian ,tribe1 as determined by a court of competent jurisdiction1 the conditions under this subsection shall be based on recommendations received from the applicable ,indian ,tribe42 and 7#b7 in paragraph 7#b7-- 7,a7 in the first sentence1 by inserting and ,indian ,tribes after and statutory responsibilities of such agencies2 and 7,b7 in the second sentence1 in the matter preceding subparagraph 7,a71 by inserting or ,indian ,tribe after a recommendation of any such agency4 7d7 ,supporting statement and use of existing studies ,section #aj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7 is amended by adding at the end the following3 7k7 ,supporting statement for certain license conditions 7#a7 ,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 #d7;e77#b71 #ah1 #cc1 or #cg or through authority reserved in the license under #a or more of those sections1 the applicable ,secretary shall include with the submitted condition or prescription a written statement-- 7,a7 demonstrating that the applicable ,secretary considered alternatives to the submitted condition2 7,b7 providing a scientific and technical rationale for-- 7i7 the condition submitted2 and 7ii7 any alternatives considered but not adopted2 and 7,c7 identifying specific facts relied on in the record4 7#b7 ,studies1 data1 and other factual information ,along with the written statement included under paragraph 7#a71 the applicable ,secretary shall submit any studies1 data1 and other factual information relied on by the applicable ,secretary that is relevant to the decision of the applicable ,secretary4 7l7 ,use of existing studies 7#a7 ,in general ,to the extent reasonably practicable1 the ,commission and other ,federal and ,state agencies with responsibilities under this part shall-- 7,a7 use relevant existing studies1 monitoring information1 and data2 and 7,b7 avoid duplicating current1 existing studies that are applicable to the relevant project4 7#b7 ,written statement ,in requiring any new study or collection of information1 the ,commission and other ,federal and ,state agencies and ,indian ,tribes with responsibilities under this part shall prepare a written statement that-- 7,a7 explains why the new study or other information is necessary to support the decisionmaking relative to the responsibilities of the applicable agency under this part2 7,b7 identifies how existing information reasonably available to the applicable agency1 including any monitoring information collected by the licensee during the existing license term1 is inadequate to support the decisionmaking of the applicable agency2 and 7,c7 explains the manner in which the information produced by the required new study or other information supports the cost of producing the information4 7#c7 ,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 part1 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-- 7,a7 the responsibilities of the requestor to compile a record under applicable law2 and 7,b7 the obligation of the ,commission and other agencies to undertake to develop a joint study plan pursuant to section #ch7;c77#b74 4 7e7 ,report ,section #aj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7 7as amended by subsection 7d77 is amended by adding at the end the following3 7m7 ,report ,not later than #b years after the date of enactment of this subsection1 and every #e years thereafter1 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 report1 prepared in consultation with each affected licensee or exemptee under this part1 that-- 7#a7 identifies any project or individual unit of development that-- 7,a7 is licensed1 or exempted from the license requirements1 under this part2 and 7,b7 has been continually out-of-service for not fewer than #e years preceding the report2 7#b7 explains the reason why each project or development has been out-of-service2 7#c7 identifies any plans of the licensee and the ,commission for the rehabilitation or other disposition of the project or development2 and 7#d7 describes the anticipated timelines and requirements of the ,commission for the rehabilitation or other final disposition of the project or development4 4 #g4 ,disposition of charges arising from licenses ,section #ag of the ,federal ,power ,act 7#af ,u4,s4,c4 #haj7 is amended-- 7#a7 by striking the section designation and all that follows through 7a7 ,all proceeds and inserting the following3 #ag4 ,disposition of charges arising from licenses 7a7 ,receipts from charges ,all proceeds 2 7#b7 in subsection 7a7-- 7,a7 in the second sentence-- 7i7 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 7c72 7ii7 by striking and #ej per centum of the charges arising from all other licenses is hereunder is hereby reserved and inserting and1 of the charges from all other licenses1 #ej percent is reserved2 and 7iii7 by striking navigable waters of the ,united ,states and inserting navigable waters of the ,united ,states1 and #cg4e percent shall be deposited in the ,licensing ,administration ,reimbursement ,fund established by subsection 7c72 and 7,b7 in the third sentence1 by striking into the ,treasury of the ,united ,states and credited to miscellaneous receipts and inserting to the applicable department1 or any agency1 bureau1 office1 or other subdivision of the applicable department1 in the amounts established by the ,commission under section #aj7;e77#e7 for the department1 or agency1 bureau1 office1 or other subdivision of the applicable department2 7#c7 in subsection 7b71 by striking the subsection designation and all that follows through ,in case of and inserting the following3 7b7 ,delinquency ,in case of 2 and 7#d7 by adding at the end the following3 7c7 ,licensing administration reimbursement fund 7#a7 ,in general ,there is established within the ,treasury of the ,united ,states a fund1 to be known as the ,licensing ,administration ,reimbursement ,fund 7referred to in this subsection as the ,fund71 to be administered by the ,commission4 7#b7 ,purpose ,the purpose of the ,fund is to reimburse ,indian ,tribes1 ,state fish and wildlife agencies1 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 part4 7#c7 ,contents ,the ,fund shall consist of any amounts deposited in the ,fund under subsection 7a74 7#d7 ,requirement ,amounts in the ,fund shall be available to ,indian ,tribes1 ,state fish and wildlife agencies1 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 part4 7#e7 ,limitation ,amounts in the ,fund shall not be available for any costs that are otherwise reimbursable to an ,indian ,tribe1 a ,state fish and wildlife agency1 or a ,state natural and cultural resource agency4 7#f7 ,application2 distribution ,the ,commission shall establish standards governing the application for1 and distribution of1 amounts from the ,fund4 7#g7 ,rulemaking ,not later than #ij days after the date of enactment of this subsection1 the ,commission shall promulgate regulations1 after providing public notice and an opportunity for comment1 that establish the standards and process for the distribution and use of amounts from the ,fund4 4 #h4 ,operation of navigation facilities2 rules and regulations2 penalties ,section #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #haa7 is amended-- 7#a7 in the first sentence1 by inserting to address project effects and other relevant factors before the period at the end2 7#b7 in the second sentence1 by inserting 1 including alternative prescriptions submitted under section #cc7;b71 as applicable1 after on any disputed issues of material fact with respect to such fishways2 7#c7 in the third sentence1 by striking relevant resource and inserting resource2 and 7#d7 by striking the fourth sentence and inserting the following3 ,not later than #ahj days after the date of enactment of the ,community and ,hydropwer ,improvement ,act1 the ,secretary of the ,interior1 the ,secretary of the ,army1 the ,secretary of ,commerce1 and the ,secretary of ,agriculture shall update jointly1 by rule1 after consultation with the ,commission and providing notice and opportunity for public comment1 the procedures for an expedited trial-type hearing under this section and section #d7;e77#b71 including the opportunity to undertake discovery and cross-examine witnesses1 providing a forum for conditions submitted under section #cc7;b7 to obtain a hearing1 a requirement that the party raising a disputed issue1 or the proponent of an alternative1 bears the burden of proof by a preponderance of the evidence1 and opportunities for all parties to a trial-type hearing to participate in settlement negotiations before and after the hearing44 #i4 ,conduit hydroelectric facilities ,section #cj7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;a7c77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting 1 affected ,indian ,tribes1 after consult with the ,united ,states ,fish and ,wildlife ,service2 7#b7 in paragraph 7#a7-- 7,a7 by striking ,fish and ,wildlife ,service ,national ,marine ,fisheries ,service and the ,state agency and inserting ,united ,states ,fish and ,wildlife ,service1 ,national ,marine ,fisheries ,service1 and the ,state agency2 and 7,b7 by striking ,act1 and and inserting ,act2 and2 and 7#c7 in paragraph 7#b71 by striking insure and inserting ensure4 #aj4 ,alternative conditions and prescriptions 7a7 ,alternative conditions ,section #cc7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;d7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting or an ,indian ,tribe1 as provided in section #cg1 after 7referred to in this subsection as the ,secretary72 and 7,b7 by striking the first proviso of section #d7;e7 and inserting section #d7;e77#b72 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking the first proviso of section #d7;e7 and inserting section #d7;e77#b72 7,b7 by striking the ,secretary each place it appears and inserting the ,secretary or ,indian ,tribe2 and 7,c7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 would result in improved protection or utilization of the reservation at no additional cost to the project1 including the value of foregone power or energy as compared to the condition initially deemed to be necessary by the ,secretary or applicable ,indian ,tribe2 or 7,b7 would-- 7i7 be no less protective of the reservation than the condition initially deemed to be necessary by the ,secretary or applicable ,indian ,tribe2 and 7ii7 as compared to the condition initially deemed to be necessary by the ,secretary or applicable ,indian ,tribe-- 7,i7 cost significantly less to implement2 or 7,,ii7 result in improved operation of the project works for electricity production4 2 7#c7 in paragraph 7#c71 by striking the ,secretary each place it appears and inserting the ,secretary or ,indian ,tribe2 7#d7 by redesignating paragraph 7#e7 as paragraph 7#f72 7#e7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,public record ,the ,secretary or applicable ,indian ,tribe shall submit into the public record of the ,commission proceeding with any condition under section #d7;e77#b7 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 7#b71 as compared to-- 7,a7 the condition initially determined to be necessary by the ,secretary or applicable ,indian ,tribe2 and 7,b7 each alternative condition proposed by the license applicant or any other party to the license proceeding1 as provided in paragraph 7#a71 that is not adopted by the ,secretary or applicable ,indian ,tribe4 7#e7 ,written statement 7,a7 ,in general ,any submission by the ,secretary under paragraph 7#d7 shall include a written statement demonstrating that the ,secretary gave equal consideration to the effects of the condition adopted and alternatives not adopted on-- 7i7 energy supply1 distribution1 cost1 and use2 7ii7 flood control2 7iii7 navigation2 7iv7 water supply2 7v7 hydrologic alterations that may occur over the license term2 7vi7 air quality2 and 7vii7 the preservation of other aspects of environmental quality4 7,b7 ,basis ,the written statement included under subparagraph 7,a7 shall be based on information available to the ,secretary1 including information voluntarily provided in a timely manner by the applicant and others4 7,c7 ,studies2 data ,along with the written statement included under subparagraph 7,a71 the ,secretary shall submit any studies1 data1 and other factual information available to the ,secretary and relevant to the determination of the ,secretary under paragraph 7#b74 2 and 7#f7 in paragraph 7#f7 7as so redesignated7-- 7,a7 in the first sentence1 by striking the ,secretary's final condition and inserting the final condition of the ,secretary or applicable ,indian ,tribe2 7,b7 in the second sentence1 by striking the ,secretary and inserting the ,secretary or applicable ,indian ,tribe2 7,c7 in the third sentence1 by striking ,secretary each place it appears and inserting ,secretary or applicable ,tribe2 and 7,d7 in the fourth sentence-- 7i7 by striking ,the ,secretary and inserting ,the ,secretary or applicable ,indian ,tribe2 and 7ii7 by striking ,secretary's final written determination and inserting final written determination of the ,secretary or applicable ,indian ,tribe4 7b7 ,alternative prescriptions ,section #cc7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;d7b77 is amended-- 7#a7 in paragraph 7#a71 by striking ,secretary of ,commerce and inserting ,secretary of ,commerce1 as applicable 7referred to in this subsection as the ,secretary concerned712 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by striking of the ,interior or the ,secretary of ,commerce1 as appropriate1 and inserting concerned2 7ii7 by striking of the appropriate department and inserting concerned2 and 7iii7 by striking to the ,secretary and inserting to the ,secretary concerned2 and 7,b7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 would result in improved protection for fish at no additional cost to the project1 including the value of foregone power or energy1 as compared to the fishway initially prescribed by the ,secretary concerned2 or 7,b7 would-- 7i7 be no less protective than the fishway initially prescribed by the ,secretary concerned2 and 7ii7 as compared to the fishway initially prescribed by the ,secretary concerned-- 7,i7 cost significantly less to implement2 or 7,,ii7 result in improved operation of the project works for electricity production4 2 7#c7 in paragraph 7#c71 by striking the ,secretary each place it appears and inserting the ,secretary concerned2 7#d7 by redesignating paragraph 7#e7 as paragraph 7#f72 7#e7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,public record ,the ,secretary concerned shall submit into the public record of the ,commission proceeding with any prescription under section #ah 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 7#b71 as compared to-- 7,a7 the prescription initially prescribed by the ,secretary concerned2 and 7,b7 each alternative proposed by the license applicant or any other party to the license proceeding1 as provided in paragraph 7#a71 that is not adopted by the ,secretary concerned4 7#e7 ,written statement 7,a7 ,in general ,any submission by the ,secretary concerned under paragraph 7#d7 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-- 7i7 energy supply1 distribution1 cost1 and use2 7ii7 flood control2 7iii7 navigation2 7iv7 water supply2 7v7 hydrologic alterations that may occur over the license term2 7vi7 air quality2 and 7vii7 the preservation of other aspects of environmental quality4 7,b7 ,basis ,the written statement included under subparagraph 7,a7 shall be based on information available to the ,secretary concerned1 including information voluntarily provided in a timely manner by the applicant and others4 7,c7 ,studies2 data ,along with the written statement included under subparagraph 7,a71 the ,secretary concerned shall submit any studies1 data1 and other factual information available to the ,secretary concerned and relevant to the determination of the ,secretary concerned under paragraph 7#b74 2 and 7#f7 in paragraph 7#f7 7as so redesignated7-- 7,a7 in the first sentence1 by striking the ,secretary's final prescription and inserting the final prescription of the ,secretary concerned2 7,b7 in the second sentence1 by striking the ,secretary and inserting the ,secretary concerned2 7,c7 in the third sentence1 by striking ,secretary each place it appears and inserting ,secretary concerned2 and 7,d7 in the fourth sentence-- 7i7 by striking ,the ,secretary and inserting ,the ,secretary concerned2 and 7ii7 by striking ,secretary's final written determination and inserting final written determination of the ,secretary concerned4 #aa4 ,promoting hydropower development at existing nonpowered dams ,section #cd of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;e7 is amended-- 7#a7 by striking subsection 7c72 7#b7 by redesignating subsections 7a71 7b71 7d71 7e71 and 7f7 as subsections 7b71 7c71 7g71 7a71 and 7h71 respectively1 and moving the subsections so as to appear in alphabetical order2 7#c7 in subsection 7a7 7as so redesignated7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,d71 by striking and at the end2 7ii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,f7 the ,commission determines1 after considering the notification of intent submitted by the applicant under subsection 7e77#a71 any supporting information1 and comments received under subsection 7e77#b77;,a71 and any consultation under subsection 7e77#b77;,b71 that an expeditious licensing decision under this section is reasonably practicable1 taking into consideration1 as appropriate-- 7i7 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 license2 7ii7 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 license2 7iii7 whether any adverse resource effect associated with the qualifying nonpowered dam1 including lack of fish passage1 is-- 7,i7 presently unmitigated2 and 7,,ii7 likely to remain unmitigated under future operation2 7iv7 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 facility1 including any preliminary protection1 mitigation1 and enhancement measures identified by the applicant2 7v7 whether the resource issues likely to be involved in the licensing process are unusual or complex2 and 7vi7 whether information submitted with1 or referenced in1 the notification of intent is adequate to support the development of the license application4 2 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,qualifying facility 7,a7 ,in general ,the term qualifying facility means a facility that-- 7i7 includes only-- 7,i7 the power house1 power tunnel1 penstocks1 and tailrace2 7,,ii7 any other water conveyance infrastructure connected directly to the powerhouse2 7,,iii7 each primary line transmitting power from the facility to the point of junction with the distribution system or the interconnected primary transmission system2 and 7,,iv7 any other new1 miscellaneous structures used and useful in connection with the facility2 and 7ii7 is determined under this section to meet the qualifying criteria4 7,b7 ,exclusions ,notwithstanding subparagraph 7,a77i77,,iv7 and section #c7aa71 the term qualifying facility does not include1 with respect to the complete unit of improvement or development of a facility described in subparagraph 7,a7-- 7i7 a dam or appurtenant work or structure 7including a navigation structure72 7ii7 a dike2 7iii7 any other water retention or diversion infrastructure2 7iv7 an impoundment2 7v7 a shoreline2 7vi7 an access road2 or 7vii7 any recreational or other infrastructure associated with an existing nonpowered dam or impoundment4 2 and 7,c7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting ,federal or non-,federal after means any2 and 7ii7 by striking subparagraph 7,c7 and inserting the following3 7,c7 that-- 7i7 for a non-,federal dam-- 7,i7 as of ,october #bc1 #bjah1 is not generating electricity using any hydropower-generating facility that is-- 7aa7 licensed under this part2 or 7bb7 exempted from the license requirements contained in this part2 and 7,,ii7 is regulated by an established dam safety program of the ,state in which the non-,federal dam is located2 or 7ii7 for a ,federal dam-- 7,i7 is available for non-,federal power development2 and 7,,ii7 7aa7 is not equipped with power generating equipment2 or 7bb7 has available incremental generation potential for non-,federal power development4 2 7#d7 in subsection 7b7 7as so redesignated7-- 7,a7 in the subsection heading1 by inserting ,certain after ,process for2 7,b7 in paragraph 7#a7-- 7i7 by striking ,as provided in this section1 the ,commission may issue and amend and inserting ,the ,commission may issue2 and 7ii7 by inserting in accordance with this section before the period at the end2 7,c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,updating regulations ,not later than #ahj days after the date of enactment of the ,community and ,hydropower ,improvement ,act1 after consulting with the interagency task force under paragraph 7#c7 and providing notice and an opportunity for public comment1 the ,commission shall update regulations of the ,commission for issuing licenses for qualifying facilities under this section4 2 7,d7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking 7,a7 ,in establishing the expedited process and inserting the following3 7,a7 ,in general ,in updating regulations 2 and 7,,ii7 by striking and ,indian tribes and inserting 1 ,indian ,tribes1 and the public2 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,workshops and meetings ,before issuing any proposed rule for public comment pursuant to paragraph 7#b71 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 7d74 2 and 7,e7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,deadline ,the ,commission shall issue a final decision regarding an application for a license for a qualifying facility submitted under subsection 7e77#c7 not later than #b years after the date on which the ,commission determines under subsection 7e77#b7 that the proposed hydroelectric facility that is the subject of the application is a qualifying facility4 2 7#e7 in subsection 7c7 7as so redesignated7-- 7,a7 by striking paragraph 7#b72 7,b7 by redesignating paragraph 7#a7 as paragraph 7#b72 7,c7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,applicability of safety regulations 7,a7 ,in general ,the rules and regulations of the ,commission relating to the protection of life1 health1 and property shall apply to a qualifying facility licensed under this section1 only with respect to the potential effects of the construction1 operation1 and maintenance of the qualifying facility on the safety of the applicable qualifying nonpowered dam4 7,b7 ,state regulations ,for any qualifying facility licensed at a non-,federal qualifying nonpowered dam1 the applicable dam safety rules and regulations of the ,state in which the qualifying nonpowered dam is located shall apply to-- 7i7 the qualifying nonpowered dam2 and 7ii7 any infrastructure associated with the qualifying nonpowered dam that is not a part of the qualifying facility that is the subject of the license4 2 and 7,d7 by inserting after paragraph 7#b7 7as so redesignated7 the following3 7#c7 ,requirements ,before issuing any license for a qualifying facility at a non-,federal qualifying nonpowered dam1 the ,commission shall-- 7,a7 ensure that the qualifying nonpowered dam1 and each other structure associated with the qualifying facility1 is or will be consistent with the applicable dam safety standards of the ,commission2 and 7,b7 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 facility1 and associated structures1 over the term of the license4 2 7#f7 by inserting after subsection 7c7 7as so redesignated7 the following3 7d7 ,storage1 release1 and flow operations 7#a7 ,limitations 7,a7 ,obligations ,notwithstanding any other legal requirement pertaining to a qualifying facility licensed under this section1 the ,commission1 ,federal and ,state agencies1 and ,indian ,tribes shall not impose any obligation in the licensing of the qualifying facility that would interfere with1 or materially change or affect in any way1 the storage1 release1 or flow operations of the qualifying nonpowered dam associated with the qualifying facility1 other than the routing of release or flow operations through the qualifying facility4 7,b7 ,interference ,notwithstanding any other legal requirement pertaining to a qualifying facility licensed under this section1 the licensing of a qualifying facility under this section by the ,commission shall not interfere with1 or materially change or affect in any way1 any other ,federal1 ,state1 or ,tribal authority pertaining to the storage1 release1 or flow operations applicable to the qualifying nonpowered dam associated with the qualifying facility1 other than the routing of release or flow operations through the qualifying facility4 7#b7 ,condition in license ,the ,commission shall include in any license issued pursuant to this section a condition prohibiting the licensee from materially changing the storage1 release1 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 facility4 7e7 ,expedited process 7#a7 ,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 license1 together with supporting information1 which shall inform the determination of the ,commission under paragraph 7#b74 7#b7 ,commission determination 7,a7 ,in general ,not later than #ij days after the date on which an applicant submits to the ,commission a notification of intent under paragraph 7#a71 the ,commission1 after providing notice and an opportunity for public comment1 shall-- 7i7 determine whether the proposed hydroelectric facility is a qualifying facility under this section2 and 7ii7 include in a determination under clause 7i7 information1 including analyses supported by information in the public record1 relating to the factual basis for the determination4 7,b7 ,consultation ,in making a determination under subparagraph 7,a7 with respect to a proposed facility1 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 section4 7,c7 ,resolution ,if the ,commission determines under subparagraph 7,b7 that any qualifying criteria potentially disqualify a proposed facility from the expedited process under this section1 the ,commission shall-- 7i7 seek to resolve any issues in advance of issuing a determination regarding whether the proposed facility is a qualifying facility under this paragraph2 and 7ii7 include in a determination under clause 7i7 information relevant to efforts to resolve the issues4 7#c7 ,qualifying facility applications 7,a7 ,in general ,after submitting a notification of intent under paragraph 7#a71 an applicant for a qualifying facility shall submit to the ,commission an application for a license under this section4 7,b7 ,inclusions ,an application under subparagraph 7,a7 shall include a description of each protection1 mitigation1 and enhancement measure proposed to be carried out in order for the applicable qualifying facility to receive a license from the ,commission1 in accordance with subsection 7f74 7,c7 ,deadline for submission ,an application under this paragraph shall be submitted to the ,commission not later than the later of-- 7i7 the date that is #cj days after the close of a single season of studies conducted in support of the application2 and 7ii7 the date that is #a year after the date on which a determination of the ,commission is provided under paragraph 7#b74 7f7 ,requirements ,in determining whether to approve an application for a license for a qualifying facility under subsection 7e77#c71 in accordance with the deadline described in subsection 7b77#d71 the ,commission1 in consultation with applicable ,federal and ,state resource agencies and ,indian ,tribes with regulatory responsibility for the qualifying facility1 shall-- 7#a7 7,a7 use relevant existing studies1 monitoring information1 and data that are applicable to the relevant qualifying facility1 in accordance with section #aj7l72 7,b7 avoid duplicating current1 existing studies2 and 7,c7 design any new studies and information requirements to be consistent with the ability of the ,commission to meet the licensing deadline under subsection 7b77#d72 7#b7 consider whether obligations under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 may be met through-- 7,a7 preparing an environmental assessment2 or 7,b7 supplementing a previously prepared environmental assessment or environmental impact statement2 7#c7 develop a licensing process that reduces administrative burdens on resource agencies1 ,indian ,tribes1 the applicant1 and the public by avoiding unnecessary paperwork1 meetings1 and other process obligations1 subject to the condition that nothing in this paragraph eliminates any applicable consultation requirement under ,federal or ,state law 7including regulations72 7#d7 exercise authorities commensurate with the limited unit of development and improvement for a qualifying facility described in subsection 7a77#b77;,a77i71 recognizing-- 7,a7 the existence of infrastructure at the time of the license application2 and 7,b7 that ongoing operations of existing infrastructure1 including water releases1 will be materially unchanged as a result of the development and operation of the qualifying facility1 in accordance with subsection 7d72 and 7#e7 consider a set of standard license terms and conditions that generally would apply to all qualifying facilities licensed under this section1 based on common technical considerations and environmental effects1 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 facility4 2 and 7#g7 in subsection 7h7 7as so redesignated7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7#c7 any applicable ,state or ,tribal law relating to a qualifying nonpowered dam1 dike1 conduit1 impoundment1 or shoreline1 or any land or infrastructure associated with such qualifying nonpowered dam1 that is not a component of a license issued pursuant to this section1 including such a law relating to dam safety1 property ownership and control1 public access and safety1 or the appropriation1 use1 or distribution of water at the qualifying nonpowered dam4 4 #ab4 ,closed-loop and off-stream pumped storage projects ,section #ce of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;f7 is amended to read as follows3 #ce4 ,closed-loop and off-stream pumped storage projects 7a7 ,definitions ,in this section3 7#a7 ,closed-loop or off-stream pumped storage project ,the term closed-loop or off-stream pumped storage project means a project-- 7,a7 that-- 7i7 is configured to use #b or more natural or artificial reservoirs or other water bodies at different elevations2 and 7ii7 can-- 7,i7 generate power as water moves down through a turbine2 and 7,,ii7 recharge by pumping water to the upper reservoir2 7,b7 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 waterway1 unless-- 7i7 #a or more project reservoirs are located on1 or connected to1 a stream channel of a natural waterway that has flowing water only during1 and for a short duration after1 precipitation events during a typical year2 or 7ii7 not more than #a project reservoir is located on1 or directly connected to1 a natural surface watercourse1 subject to the conditions that the reservoir-- 7,i7 is in existence on the date of enactment of the ,community and ,hydropwer ,improvement ,act2 7,,ii7 receives the vast majority of water from-- 7aa7 surfacewater of a different natural watershed via an existing pipeline1 aqueduct1 or other conveyance infrastructure2 or 7bb7 groundwater2 and 7,,iii7 obtains not more than #aj percent of the volume of the average annual inflow of surfacewater from the natural watershed in which the reservoir is located2 and 7,c7 any project reservoir 7except for a reservoir described in subparagraph 7,b77ii77 of which1 if the reservoir is connected to a natural surface waterway1 is connected for the sole purpose of the initial fill and periodic recharge of reservoirs needed for project operation4 7#b7 ,qualifying criteria ,the term qualifying criteria1 with respect to a closed-loop or off-stream pumped storage project1 means that the closed-loop or off-stream pumped storage project-- 7,a7 is unlikely to involve any fish or wildlife species listed as a threatened or endangered species1 or any habitat designated as a critical habitat of such a species1 under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 unless the applicable notification of intent identifies proposed measures to protect or mitigate damages to the applicable species or habitat2 7,b7 is unlikely to involve resource issues that are unusual or complex in the licensing process and associated environmental review2 7,c7 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 application2 7,d7 proposes construction1 development1 and operation the environmental effects of which are likely capable of protection1 mitigation1 and enhancement through the licensing provisions contained in this part2 and 7,e7 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 ,tribe1 unless the affected ,indian ,tribe-- 7i7 is a project proponent2 or 7ii7 consents1 in writing1 to the location4 7b7 ,expedited licensing process for closed-,loop and off-,stream pumped storage projects 7#a7 ,in general ,the ,commission may issue licenses1 as appropriate1 for any closed-loop or off-stream pumped storage project that meets the qualifying criteria1 as determined by the ,commission1 in accordance with this section4 7#b7 ,updating regulations ,not later than #ahj days after the date of enactment of the ,community and ,hydropwer ,improvement ,act1 after consultation with the interagency task force under paragraph 7#c7 and providing notice and an opportunity for public comment1 the ,commission shall update regulations of the ,commission for issuing licenses for closed-loop or off-stream pumped storage projects that meet the qualifying criteria4 7#c7 ,interagency task force 7,a7 ,in general ,in updating regulations under this section1 the ,commission shall convene an interagency task force1 with appropriate ,federal and ,state agencies1 ,indian ,tribes1 and the public represented1 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 criteria4 7,b7 ,workshops and meetings ,before issuing a proposed rule for public comment under paragraph 7#b71 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-- 7i7 this section2 and 7ii7 the applicable requirements of this part4 7#d7 ,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 7d77#c7 not later than #c years after the date on which the ,commission determines under subsection 7d77#b7 that the closed-loop or off-stream pumped storage project meets the qualifying criteria4 7c7 ,dam safety ,before issuing any license for a closed-loop or off-stream pumped storage project that meets the qualifying criteria1 the ,commission shall assess the safety of relevant existing dams and other project works4 7d7 ,expedited process 7#a7 ,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 license1 together with supporting information1 which shall inform the determination of the ,commission under paragraph 7#b74 7#b7 ,commission determination 7,a7 ,in general ,not later than #ij days after the date on which an applicant submits to the ,commission a notification of intent under paragraph 7#a71 the ,commission1 after providing notice and an opportunity for public comment1 shall-- 7i7 determine whether the closed-loop or off-stream pumped storage project described in the notification meets the qualifying criteria2 and 7ii7 include in a determination under clause 7i7 information1 including analyses supported by information in the public record1 relating to the factual basis for the determination4 7,b7 ,consultation ,in making a determination under subparagraph 7,a7 with respect to a closed-loop or off-stream pumped storage project1 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 section4 7,c7 ,resolution ,if the ,commission determines under subparagraph 7,b7 that any qualifying criteria potentially disqualify a closed-loop or off-stream pumped storage project from the expedited process under this section1 the ,commission shall-- 7i7 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 paragraph2 and 7ii7 include in a determination under clause 7i7 information relevant to efforts to resolve such issues4 7#c7 ,closed-loop and off-stream pumped storage project applications 7,a7 ,in general ,not later than #a year after the date on which the ,commission determines under paragraph 7#b7 that a closed-loop or off-stream pumped storage project meets the qualifying criteria1 an applicant for the closed-loop or off-stream pumped storage project shall submit to the ,commission an application for a license under this section4 7,b7 ,inclusions ,an application under subparagraph 7,a7 shall include a description of each protection1 mitigation1 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 ,commission1 in accordance with subsection 7e74 7e7 ,requirements ,in determining whether to approve an application submitted for a closed-loop or off-stream pumped storage project under subsection 7d77#c71 in accordance with the deadline described in subsection 7b77#d71 the ,commission1 in consultation with applicable ,federal and ,state resource agencies and ,indian ,tribes with regulatory responsibility for the closed-loop or off-stream pumped storage project1 shall-- 7#a7 7,a7 use relevant existing studies1 monitoring information1 and data that are applicable to the relevant project1 in accordance with section #aj7l72 7,b7 avoid duplicating current1 existing studies2 and 7,c7 design any new studies and information requirements to be consistent with the ability of the ,commission to meet the licensing deadline under subsection 7b77#d72 7#b7 consider whether obligations under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 may be met through-- 7,a7 preparing an environmental assessment2 or 7,b7 supplementing a previously prepared environmental assessment or environmental impact statement2 7#c7 develop a licensing process that reduces administrative burdens on resource agencies1 ,indian ,tribes1 the applicant1 and the public by avoiding unnecessary paperwork1 meetings1 and other process obligations1 subject to the condition that nothing in this paragraph eliminates any applicable consultation requirement under ,federal or ,state law 7including regulations72 and 7#d7 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 section1 based on common technical considerations and environmental effects1 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 project4 7f7 ,transfers ,notwithstanding section #e1 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 #g7;a7 in obtaining a permit1 on request by a municipality1 the ,commission may1 to facilitate development of a closed-loop or off-stream pumped storage project-- 7#a7 add #a or more entities as joint permittees following the issuance of a preliminary permit2 and 7#b7 transfer a license in part to #a or more nonmunicipal entities as co-licensees with a municipality1 if the municipality retains majority ownership of the closed-loop or off-stream pumped storage project for which the license was issued4 7g7 ,developing abandoned mines for pumped storage 7#a7 ,workshop ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall hold a workshop to explore potential opportunities for development of closed-loop pumped storage projects at abandoned mine sites4 7#b7 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,commission shall issue guidance to assist applicants for licenses or preliminary permits for closed-loop pumped storage projects at abandoned mine sites4 7h7 ,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 part4 4 #ac4 ,conditions to protect ,tribal resources ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 is amended by adding at the end the following3 #cg4 ,conditions to protect ,tribal resources 7a7 ,necessary conditions of ,indian ,tribes 7#a7 ,in general ,except as provided in subsection 7c71 an ,indian ,tribe shall have exclusive authority to deem a condition to a license under this part to be necessary under section #d7;e77#b7 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 ,tribe1 regardless of whether the ,indian ,tribe is a licensee or applicant for the project1 subject to paragraph 7#b74 7#b7 ,condition2 written statement ,on deeming a condition to be necessary pursuant to paragraph 7#a71 an ,indian ,tribe shall submit to the ,commission-- 7,a7 the condition2 7,b7 a written statement-- 7i7 demonstrating that the ,indian ,tribe considered alternatives to the submitted condition2 7ii7 providing a scientific and technical rationale for-- 7,i7 the condition submitted2 and 7,,ii7 alternatives considered but not adopted2 and 7iii7 identifying specific facts relied on in the record2 and 7,c7 any studies1 data1 and other factual information relied on by the ,indian ,tribe that is relevant to the decision of the ,indian ,tribe4 7b7 ,other reservations ,for any license issued within any reservation other than a reservation described in subsection 7a71 the ,secretary of the agency responsible for the supervision of the reservation1 in deeming conditions of the license to be necessary under section #d7;e77#b71 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 ,tribe1 as determined by a court of competent jurisdiction4 7c7 ,exclusion ,this section shall not apply to any project that1 as of the date of enactment of the ,community and ,hydropower ,improvement ,act-- 7#a7 is licensed under this part2 and 7#b7 is not located on any land or interest in land1 the legal title to which is held by the ,united ,states in trust for the benefit of an ,indian ,tribe4 4 #ad4 ,coordination of ,commission and other agencies issuing ,federal authorizations ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 7as amended by section #ac7 is amended by adding at the end the following3 #ch4 ,coordination of ,commission and other agencies issuing ,federal authorizations 7a7 ,definitions ,in this section3 7#a7 ,conditioning agency ,the term conditioning agency means a ,federal agency 7other than the ,commission71 a ,state agency1 or an ,indian ,tribe that has the authority to issue a ,federal authorization4 7#b7 ,federal authorization ,the term ,federal authorization means any authorization required under ,federal law with respect to an application for a license1 including any-- 7,a7 license2 7,b7 condition of a license submitted by the applicable ,secretary or an ,indian ,tribe under section #d7;e77#b72 7,c7 prescription submitted by the applicable ,secretary under section #ah2 7,d7 permit2 7,e7 special use authorization2 7,f7 certification2 7,g7 opinion2 7,h7 consultation2 7,i7 determination2 or 7,j7 other approval4 7b7 ,coordination of schedule 7#a7 ,initial conference ,not later than #ij days after the date on which an applicant submits to the ,commission a notification of intent to apply for a license under this part1 the ,commission1 after consultation with each conditioning agency1 shall convene a technical conference1 with a transcript to be taken by the ,commission and submitted to the public record1 to coordinate the respective efforts and schedules of the ,commission and the conditioning agencies relating to studies and other information1 consultations1 environmental reviews1 and decisionmaking4 7#b7 ,joint schedule and record 7,a7 ,establishment ,to the extent reasonably practicable1 the ,commission and the applicable conditioning agencies shall establish1 with respect to each project that is the subject of a notification of intent to apply for a license under this part-- 7i7 a joint schedule that will permit the timely completion of decisions required to be made with respect to1 and timely issuance of1 ,federal authorizations by the ,commission and the conditioning agencies2 and 7ii7 a record supporting the basis for the respective decisions of the ,commission and the conditioning agencies4 7,b7 ,consideration of waivers and modifications ,the ,commission and the conditioning agencies shall consider waivers or modifications of the requirements of respective rules1 within statutory limits1 as appropriate-- 7i7 to establish a joint schedule for the proceeding2 and 7ii7 to ensure timely decisionmaking4 7#c7 ,subsequent conferences 7,a7 ,in general ,after the date on which the initial conference is convened under paragraph 7#a71 the ,commission shall convene subsequent technical conferences1 as appropriate and after consultation with each conditioning agency1 to address changed circumstances that may-- 7i7 allow for greater coordination of efforts and schedules2 or 7ii7 threaten the ability of the ,commission or any conditioning agency to maintain any joint schedule established under paragraph 7#b74 7,b7 ,transcript ,the ,commission shall take a transcript of any technical conference convened under this paragraph1 to be submitted to the public record4 7#d7 ,failure to agree ,if the ,commission and a conditioning agency are unable to establish or maintain a joint schedule under paragraph 7#b71 the ,commission and conditioning agency shall submit to the public record maintained by the ,commission1 not later than #cj days after the conclusion of the technical conference under paragraph 7#a7 or 7#c71 as applicable1 a statement that-- 7,a7 identifies each inconsistency or conflict2 7,b7 explains the position taken by each agency causing the inconsistency or conflict2 and 7,c7 provides an analysis1 supported by information in the public record1 of the factual basis for the inconsistent or conflicting position taken by each agency4 7c7 ,coordination of information and studies 7#a7 ,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 part1 the ,commission1 after consultation with each conditioning agency1 shall convene a technical conference to address existing information and potential new studies relevant to the development of the record that would support agency decisionmaking4 7#b7 ,joint study plan ,to the extent reasonably practicable1 the ,commission and the applicable conditioning agencies shall establish1 with respect to each project that is the subject of a notification of intent to apply for a license under this part1 a joint study plan4 7#c7 ,failure to agree ,if #a or more agencies are unable to establish or maintain a joint study plan1 the applicable agencies shall submit to the public record maintained by the ,commission1 not later than #cj days after the conclusion of the technical conference under paragraph 7#a71 a statement that-- 7,a7 identifies each inconsistency or conflict2 7,b7 explains the position taken by each agency causing the inconsistency or conflict2 and 7,c7 provides an analysis1 supported by information in the public record1 of the factual basis for the inconsistent or conflicting position taken by each agency4 7d7 ,trial-,type hearing ,for any trial-type hearing conducted under section #d7;e77#b7 or #ah1 the ,commission-- 7#a7 may participate as a party for purposes of advocating the factual analyses of ,commission staff relating to any disputed issue of material fact2 and 7#b7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,consultation on inconsistent or conflicting license terms 7#a7 ,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 authorization1 the ,commission shall initiate and facilitate consultation with the conditioning agencies submitting conflicting or inconsistent terms or conditions1 to attempt to resolve the inconsistency or conflict4 7#b7 ,requirements ,the consultation period under paragraph 7#a7 shall-- 7,a7 be not longer than #ij days2 and 7,b7 include at least #a technical conference or similar meeting4 7#c7 ,action on agreement ,if the agencies submitting terms or conditions of a ,federal authorization resolve an inconsistency or conflict under this subsection1 the agencies shall establish a reasonable schedule and deadline1 not later than #ij days after the conclusion of the consultation1 to amend and reissue the relevant ,federal authorizations to reflect that resolution1 as appropriate4 7#d7 ,failure to agree ,if the agencies submitting terms or conditions of a ,federal authorization are unable to resolve an inconsistency or conflict under this subsection1 the agencies shall submit to the public record maintained by the ,commission1 not later than #cj days after the conclusion of the consultation1 a statement that-- 7,a7 identifies the inconsistency or conflict2 and 7,b7 explains the reason for the inconsistency or conflict1 supported by information in the public record4 7f7 ,public notice and participation 7#a7 ,notice ,the ,commission shall issue public notice of each technical conference between the ,commission and a conditioning agency under this section4 7#b7 ,participation ,each technical conference under this section shall be held open to participation by-- 7,a7 the applicable license applicant2 and 7,b7 other licensing participants4 7g7 ,rulemaking ,not later than #a year after the date of enactment of the ,community and ,hydropwer ,improvement ,act1 after providing notice and an opportunity for public comment1 the ,commission shall promulgate regulations to implement the requirements of this section4 4 #ae4 ,off-site considerations in hydropower licensing ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 7as amended by section #ad7 is amended by adding at the end the following3 #ci4 ,off-site considerations in hydropower licensing 7a7 ,definitions ,in this section3 7#a7 ,conditioning agency2 ,federal authorization ,the terms conditioning agency and ,federal authorization have the meanings given the terms in section #ch7;a74 7#b7 ,nonjurisdictional dam ,the term nonjurisdictional dam means any non-,federal dam1 dike1 embankment1 or other barrier that-- 7,a7 is constructed to hold back or divert water2 and 7,b7 is not-- 7i7 licensed under this part2 or 7ii7 exempted from the license requirements contained in this part4 7#c7 ,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 area4 7b7 ,off-,site measures 7#a7 ,in general ,in discharging responsibilities under any ,federal authorization for the protection of1 mitigation of damage to1 and enhancement of resources affected by a project1 the ,commission and conditioning agencies-- 7,a7 shall consider and include in the public record off-site measures recommended by any licensing participant1 including ,federal resource agencies1 ,state resource agencies ,indian ,tribes1 and the public2 but 7,b7 shall not require any off-site measure that is not proposed by the applicant4 7#b7 ,coordination ,an off-site measure under this subsection may include coordination with another project in the applicable basin4 7#c7 ,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 site1 subject to the condition that the ,commission and conditioning agencies shall give preference to onsite measures to achieve that mitigation4 7#d7 ,project extent ,notwithstanding section #c7aa71 the land1 infrastructure1 improvements1 and waters associated with any off-site mitigation measure shall not be required to be included as part of a project1 subject to the condition that any off-site measure adopted under this section shall be included1 implemented1 and enforced as a license condition issued by the ,commission under this part4 7c7 ,nonjurisdictional dam removal 7#a7 ,in general ,the requirements of this subsection apply to any off-site measure that-- 7,a7 includes removal of a nonjurisdictional dam2 7,b7 is proposed by an applicant2 and 7,c7 is approved by the ,commission or a conditioning agency under a ,federal authorization4 7#b7 ,liability protection 7,a7 ,in general ,notwithstanding any other provision of ,federal1 ,state1 ,tribal1 local1 or common law1 a licensee shall not be liable for any harm1 loss1 or other damage to an individual or entity1 property1 a natural resource1 or the environment1 or any damages resulting from dam removal1 arising from1 relating to1 or triggered by an action associated with the removal of a nonjurisdictional dam under this section1 including any damage caused by the release of any material or substance 7including a hazardous substance71 if the licensee and the owner of the nonjurisdictional dam or third party have entered into a legally enforceable agreement ensuring that the owner 7or an assignee7 or third party retains that liability4 7,b7 ,funding ,notwithstanding any other provision of ,federal1 ,state1 local1 or common law1 no individual or entity contributing funds for removal of a nonjurisdictional dam under this section shall be held liable1 solely by virtue of that funding1 for any harm1 loss1 or other damage to an individual or entity1 property1 or the environment1 or damages1 arising from the removal of a facility or facility operations arising from1 relating to1 or triggered by an action associated with removal of the nonjurisdictional dam1 including any damage caused by the release of any material or substance 7including a hazardous substance74 7#c7 ,preemption 7,a7 ,in general ,notwithstanding section #aj7;c71 except as provided in subparagraph 7,b71 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 section4 7,b7 ,exception ,nothing in this subsection limits any otherwise-available immunity1 privilege1 or defense under any other provision of law4 7d7 ,rulemaking ,not later than #a year after the date of enactment of the ,community and ,hydropwer ,improvement ,act1 the ,commission1 after providing notice and an opportunity for public comment1 shall promulgate regulations to implement the requirements of this section4 4 #af4 ,micro hydropower facilities ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 7as amended by section #ae7 is amended by adding at the end the following3 #dj4 ,micro hydropower facilities 7a7 ,in general ,to improve the regulatory process and reduce delays and costs for new development of hydropower facilities with an installed capacity of #a1jjj kilowatts or less 7referred to in this section as micro hydropower facilities71 the ,commission shall investigate-- 7#a7 opportunities to expand the use of micro hydropower facilities in the ,united ,states for purposes of-- 7,a7 capturing the electric generating potential of existing hydraulic processes without requiring the construction of any new dam or similar infrastructure2 7,b7 reducing ,united ,states dependence on fossil fuel resources for power and energy2 and 7,c7 serving rural1 underserved1 or isolated communities2 and 7#b7 regulatory processes for1 and administration of1 micro hydropower facilities1 including with respect to-- 7,a7 the protection1 mitigation1 and enhancement of fish and wildlife 7including related spawning grounds and habitat7 and other beneficial public uses1 including irrigation1 flood control1 water supply1 and recreational and other purposes referred to in section #d7;e77#e72 7,b7 achieving cost-effective and administratively efficient regulation of micro hydropower facilities that are commensurate with the size1 expanse1 and environmental effects of micro hydropower facilities2 and 7,c7 protecting public safety and the structural integrity of project works4 7b7 ,information gathering ,in carrying out subsection 7a71 the ,commission shall-- 7#a7 consult with the ,secretary of ,energy1 ,federal and ,state resource agencies1 ,indian ,tribes1 and the public2 and 7#b7 at a minimum-- 7,a7 solicit-- 7i7 relevant technical1 scientific1 and regulatory information2 and 7ii7 public comment2 7,b7 convene regional technical conferences to address the investigation subjects described in subsection 7a72 and 7,c7 provide an opportunity for public comment after the technical conferences under subparagraph 7,b74 7c7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of the ,community and ,hydropwer ,improvement ,act1 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-- 7,a7 analyzes each of the investigation subjects described in subsection 7a71 including-- 7i7 a quantitative assessment of-- 7,i7 the quantity of energy that could likely be produced by a program to expand the use of micro hydropower facilities in the ,united ,states2 and 7,,ii7 the environmental and economic feasibility of an expanded use of micro hydropower facilities2 and 7ii7 specific recommendations regarding the means by which ,congress may address or remedy each identified issue2 7,b7 describes the processes adopted1 and any comments received1 under subsection 7b71 including the response of the ,commission to comments received from the ,secretary of ,energy1 ,federal and ,state resource agencies1 ,indian ,tribes1 and the public2 and 7,c7 includes-- 7i7 a description of each recommendation submitted relating to the draft report under paragraph 7#b72 and 7ii7 an explanation of the reasons of the ,commission for not adopting any submitted recommendation1 if applicable1 as supported by information gathered under subsection 7b74 7#b7 ,draft report ,before submitting the report under paragraph 7#a71 the ,commission shall provide a draft report to the ,secretary of ,energy1 ,federal and ,state resource agencies1 ,indian ,tribes1 and the public for review and comment for a period of not less than #fj days4 4 #ag4 ,reporting requirement 7a7 ,in general ,not later than #b years after the date of enactment of this ,act and every #e years thereafter1 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 ,act4 7b7 ,requirement ,a report submitted under subsection 7a7 shall-- 7#a7 identify any facilities for which expedited licensing was sought under section #cd of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;e7 during the period covered by the report1 including-- 7,a7 the licensing status for each facility1 including all incomplete ,federal authorizations needed for a licensing decision2 7,b7 whether the facility qualified for expedited licensing under that section2 and 7,c7 if the facility did not qualify for expedited licensing under that section1 the reasons for such determination2 7#b7 identify all closed-loop and off-stream pumped storage projects for which expedited licensing was sought under section #ce of the ,federal ,power ,act 7as added by section #ab7 during the period covered by the report1 including-- 7,a7 the licensing status for each project1 including all incomplete ,federal authorizations needed for a licensing decision2 7,b7 whether the project qualified for expedited licensing under that section2 and 7,c7 if the project did not qualify for expedited licensing under that section1 the reasons for such determination2 7#c7 identify each instance in which an ,indian ,tribe exercised the right of an ,indian ,tribe under section #cg of the ,federal ,power ,act 7as added by section #ac7 by deeming a condition to a license under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 to be necessary under paragraph 7#b77;,a7 of section #d7;e7 of that ,act 7#af ,u4,s4,c4 #gig7;e771 including-- 7,a7 the nature of the condition and the ,tribal resources protected by the condition2 and 7,b7 whether any party to the proceeding sought a trial-type hearing related to the condition under paragraph 7#b77;,b7 of that section1 an alternative condition under section #cc7;a7 of that ,act 7#af ,u4,s4,c4 #hbc;d7a771 or otherwise challenged the condition2 7#d7 identify and describe the outcomes of the efforts of ,federal agencies to establish or maintain joint schedules under section #ch7;b7 of the ,federal ,power ,act 7as added by section #ad71 with a discussion of specific examples that demonstrate trends1 conflicts1 and successes associated with the joint schedules2 7#e7 identify and describe the outcomes of the efforts of ,federal agencies to establish or maintain joint study plans under section #ch7;c7 of the ,federal ,power ,act 7as added by section #ad71 with a discussion of specific examples that demonstrate trends1 conflicts1 and successes associated with the joint study plans2 and 7#f7 identify and describe the outcomes of the efforts of ,federal agencies to resolve inconsistent or conflicting license terms under section #ch7;e7 of the ,federal ,power ,act 7as added by section #ad71 with a discussion of specific examples that demonstrate trends1 conflicts1 and successes associated with the opportunity to seek resolution of inconsistent or conflicting license terms4