Sec. 2009. Hydropower at Corps of Engineers facilities
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Congress finds that— in April 2012, the Oak Ridge National Laboratory of the Department of Energy (referred to in this section as the Oak Ridge Lab ) released a report finding that adding hydroelectric power to the non-powered dams of the United States has the potential to add more than 12 gigawatts of new generating capacity; the top 10 non-powered dams identified by the Oak Ridge Lab as having the highest hydroelectric power potential could alone supply 3 gigawatts of generating capacity; of the 50 non-powered dams identified by the Oak Ridge Lab as having the highest hydroelectric power potential, 48 are Corps of Engineers civil works projects; promoting non-Federal hydroelectric power at Corps of Engineers civil works projects increases the taxpayer benefit of those projects; the development of non-Federal hydroelectric power at Corps of Engineers civil works projects— can be accomplished in a manner that is consistent with authorized project purposes and the responsibilities of the Corps of Engineers to protect the environment; and in many instances, may have additional environmental benefits; and the development of non-Federal hydroelectric power at Corps of Engineers civil works projects could be promoted through— clear and consistent lines of responsibility and authority within and across Corps of Engineers districts and divisions on hydroelectric power development activities; consistent and corresponding processes for reviewing and approving hydroelectric power development; and developing a means by which non-Federal hydroelectric power developers and stakeholders can resolve disputes with the Corps of Engineers concerning hydroelectric power development activities at Corps of Engineers civil works projects.
Congress declares that it is the policy of the United States that— the development of non-Federal hydroelectric power at Corps of Engineers civil works projects, including locks and dams, shall be given priority; Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers civil works projects, including permitting required under section 14 of the Act of March 3, 1899 ( 33 U.S.C. 408 ), shall be completed by the Corps of Engineers in a timely and consistent manner; and approval of hydropower at Corps of Engineers civil works projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection.
Not later than 1 year after the date of enactment of this Act and each year thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, at a minimum, shall include— a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers civil works projects; a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers civil works projects in that fiscal year, including the length of time the Secretary needed to approve those activities; a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers civil works projects; a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers civil works projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers civil works projects.
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Sec. 2009
Hydropower at Corps of Engineers facilities
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