,,ii  #aaith ,,congress  #ast ,session  
,s4 #ceah  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #ag1 
#bjbe,ms4 ,murkowski 7for herself and   
,mr4 ,king7 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       
address certain alterations in1 and the 
maintenance and repair of1 project      
works1 to provide for the licensing of  
micro hydrokinetic energy projects1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,fair    
,licensing for ,operations of ,water    
,structures ,act or the ,,flows ,act4   
#b4 ,hydropower maintenance and         
temporary adjustments  7a7 ,alterations 
in project works ,section #aj7;b7 of the
 ,federal ,power ,act 7#af ,u4,s4,c4    
#hjc7;b77 is amended by adding at the   
end the following3 ,notwithstanding any 
other requirement of this part1 the     
licensee shall not be required to obtain

 approval from the ,commission for any  
nonsubstantial alteration or addition to
 project works under the plans approved 
by the ,commission under section        
#i7;a77#a744  7b7 ,maintenance and      
repair of project works ,section #aj7;c7
 of the ,federal ,power ,act 7#af       
,u4,s4,c4 #hjc7;c77 is amended by adding
 at the end the following3              
,notwithstanding any other requirement  
of this part1 the licensee shall not be 
required to obtain approval from the    
,commission for any routine maintenance1
 repair1 or replacement of any portion  
of a project works necessary to maintain
 the project works in accordance with   
this subsection or for any seasonal or  
temporary adjustments to project        
operations in response to circumstances 
beyond the reasonable control of the    
licensee44  7c7 ,savings clause ,nothing
 in this section or an amendment made by
 this section-- 7#a7 affects any        
authority of the ,federal ,energy       
,regulatory ,commission-- 7,a7 to       

require notice from a licensee under    
subsection 7a7 or 7b7 of section #aj of 
the ,federal ,power ,act 7#af ,u4,s4,c4 
#hjc72 or  7,b7 to enforce requirements 
of that section or the terms of a       
license issued under part ,i of the     
,federal ,power ,act 7#af ,u4,s4,c4 #gib
 et seq47 with respect to the safety of 
any dam and appurtenant works and       
structures2 or  7#b7 7,a7 precludes any 
prompt1 informal consultation between   
the licensee and the ,federal ,energy   
,regulatory ,commission1 at the request 
of the licensee or the ,federal ,energy 
,regulatory ,commission1 with respect to
 the safety of any dam and appurtenant  
works and structures in advance of work 
to be undertaken under section #aj of   
the ,federal ,power ,act 7#af ,u4,s4,c4 
#hjc72 or  7,b7 affects any authority of
 the ,federal ,energy ,regulatory       
,commission to require changes in       
advance of the work described in        
subparagraph 7,a7 to protect the safety 
of any dam and appurtenant works and    

structures4  #c4 ,micro hydrokinetic    
energy projects ,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 ,licensing of micro
 hydrokinetic energy projects  7a7      
,definition of micro hydrokinetic energy
 project ,in this section1 the term     
micro hydrokinetic energy project-- 7#a7
 means a project that-- 7,a7 has or will
 have an installed capacity of not more 
than #e megawatts2 and  7,b7 converts to
 electric energy the hydrokinetic energy
 from a generator driven by a turbine   
from-- 7i7 waves1 tides1 or currents in 
oceans1 estuaries1 or tidal areas2 or   
7ii7 free flowing water in rivers1      
lakes1 streams1 or man-made channels2   
and  7#b7 does not include a project    
that impounds water to generate         
electricity4  7b7 ,authorization ,the   
,commission may issue a license in      
accordance with this section for a term 
of not less than #aj1 and not more than 
#bj1 years for the construction1        

operation1 and maintenance of project   
works for a micro hydrokinetic energy   
project4  7c7 ,expedited licensing      
process  7#a7 ,notification of intent   
7,a7 ,filing of notification ,an        
applicant for a license under this      
section shall commence the licensing    
process by filing a notification of     
intent with the ,commission4  7,b7      
,existing license deadline              
,notwithstanding section #ae7;b77#a71 an
 applicant for a license under this     
section shall file a notification of    
intent under subparagraph 7,a7 not later
 than #b years before the expiration of 
an existing license1 if applicable4     
7#b7 ,filing of application  7,a7 ,in   
general ,except as provided in          
subparagraph 7,b71 an applicant for a   
license under this section shall submit 
to the ,commission an application not   
later than #a year after the date on    
which the applicant files a notification
 of intent under paragraph 7#a74  7,b7  
,existing license deadline              

,notwithstanding section #ae7;c77#a71 an
 applicant for a license under this     
section shall file an application with  
the ,commission not later than #a year  
before the date of expiration of the    
term of an existing license1 if         
applicable4  7#c7 ,deadline for issuance
 ,the ,commission shall take final      
action on an application for a license  
under this section not later than #a    
year after the date on which the        
application is filed under paragraph    
7#b74  7#d7 ,schedule for final action  
,to the extent reasonably practicable1  
the ,commission and any applicable      
conditioning or permitting agencies     
shall establish1 with respect to each   
micro hydrokinetic energy project that  
is the subject of a notification of     
intent to apply for a license under this
 section1 a joint schedule that permits 
the timely completion of decisions      
required to be made with respect to1 and
 the timely issuance of1 authorizations 
required under ,federal law by the      

,commission and the conditioning or     
permitting agencies1 subject to the     
requirement that any joint schedule     
established under this paragraph shall  
comply with the deadline for final      
action established under paragraph 7#c74
  7d7 ,regulations  7#a7 ,in general    
,not later than #ahj days after the date
 of enactment of this section1 the      
,commission shall promulgate regulations
 to implement this section in a manner  
that expedites the deployment of micro  
hydrokinetic energy projects while      
ensuring the safe operation of the micro
 hydrokinetic energy project in         
compliance with applicable ,federal and 
,state laws4  7#b7 ,inclusion ,the      
regulations promulgated under paragraph 
7#a7 shall provide for the use of #a or 
more categorical exclusions1 including  
allowing for extraordinary circumstances
 under which the categorical exclusion  
shall not be available1 under the       
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcba et seq47 for

 low disturbance activities necessary   
for micro hydrokinetic energy projects4 
7e7 ,report to congress ,the ,commission
 shall submit to ,congress a report     
describing the impacts of the micro     
hydrokinetic energy projects licensed   
under this section on the environment1  
the economy1 and the reliability and    
affordability of electricity not later  
than the earlier of-- 7#a7 the date that
 is #e years after the date of enactment
 of this section2 and  7#b7 the date on 
which the first #ej micro hydrokinetic  
energy projects licensed under this     
section have been operational for not   
less than #a year4  7f7 ,savings clause 
,nothing in this section affects any    
authority of the ,commission1 at the    
election of an applicant1 to license the
 construction1 operation1 and           
maintenance of project works for a micro
 hydrokinetic energy project under any  
other provision of this part4  4