§2321b Expediting Hydropower at Corps of Engineers Facilities

Summary

Gives priority to developing non-Federal hydropower at Corps of Engineers water projects and requires the Corps to decide on approvals, including permits under section 408, in a timely and consistent way. Those approvals must not reduce the Corps’ other missions or the project’s authorized purposes, including habitat and environmental protection. The Secretary must put this policy into practice across the country and look for ways to add more hydropower at existing powered projects and to add new hydropower at projects that are not yet powered. Not later than 2 years after June 10, 2014, and biennially thereafter, the Secretary must send and publish a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report must describe actions taken, list new approvals and how long approval took, show the status of pending applications, describe any benefits or impacts to the environment, recreation, or other uses from projects developed in the prior fiscal year, and list total annual payments or services given to the Corps, the Treasury, or other Federal agencies from approved non-Federal hydropower projects. An “eligible non‑Federal interest” is a non‑Federal owner or operator of an existing non‑Federal hydropower facility at a Corps project. If such an owner asks in writing, the Secretary must study proposed operational changes to help produce more hydropower (and must get stakeholder input). Within 180 days of getting the request, the Secretary must reply in writing to approve the study or to say what more information is needed. Changes studied can include seasonal pool levels, changing releases, or other requested actions that still fit the project’s authorized purposes. The non‑Federal owner must pay 100 percent of the study costs, including the report. The Secretary must finish each study within 1 year after starting it and must send a report on effects and any negative impacts to the two congressional committees named above. Nothing in these rules changes the project’s authorized purposes, existing Corps authorities, or gives the Secretary power to make the operational changes.