Sec. 5. Modernizing hydropower licensing
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Part I of the Federal Power Act ( 16 U.S.C. 792 et seq.) is further amended by adding at the end the following: In this section, the term Federal authorization means any authorization required under Federal law (including any license, condition of any license by a Secretary under section 4(e), prescription submitted by a Secretary under section 18, permit, special use authorization, certification, opinion, consultation, determination, or other approval) with respect to an application for a license under this part.
The Commission shall act at the lead agency for purposes of all applicable Federal authorizations (including for purposes of complying with the National Environmental Policy Act of 1969), and for purposes of complying with any required State or local environmental reviews. Each Federal, State, and local government agency considering an aspect of an application for a Federal authorization shall coordinate with the Commission and comply with the deadline established in the schedule developed for the license under this part, in accordance with the rule issued under subsection (d)(2)(C).
To the maximum extent practicable and in accordance with the best available science, the Commission and other Federal and State agencies with a responsibility for a Federal authorization shall— use relevant existing studies and data; and avoid duplicating current, existing studies that are applicable to the relevant project. When requiring any new study or collection of information, the Commission or other Federal or State agency with a responsibility for a Federal authorization shall— explain how the new study or other information is necessary to support the agency’s decision making with respect to the Federal authorization; identify how existing information reasonably available to the agency is inadequate to support the agency’s decision making with substantial evidence; and include an analysis of how the value of the required new study or other information outweighs the cost of producing it.
It is the sense of Congress that, except as otherwise provided in this part, all Federal authorizations required for a project should be issued within a reasonable time, so as to facilitate a final Commission licensing decision within 2 years after the date on which the license application for the project under this part is considered to be complete by the Commission. The Commission, in accordance with the rule issued under subparagraph (C), shall— establish a schedule for— all filings and issuances necessary and appropriate for its issuance of a license issued under this part; and the issuance of all Federal authorizations for the applicable project; and issue such schedule when the Commission determines that the license application for the project is ready for environmental analysis.
In establishing the schedule under subparagraph (A), the Commission shall— consult and cooperate with the Federal and State agencies responsible for a Federal authorization; ensure the expeditious completion of all proceedings relating to a Federal authorization; and comply with applicable schedules established by Federal law with respect to a Federal authorization. Not later than 180 days after the date of enactment of this section, the Commission, in consultation with appropriate Federal and State agencies and after providing notice and opportunity for public comment, shall issue a final rule establishing a process for setting a schedule under subparagraph (A).
In issuing a rule under this subparagraph, the Commission shall ensure that the schedule for each Federal authorization— includes deadlines for actions by— any Federal or State agency with responsibilities for a Federal authorization; the applicant; the Commission; and other agencies and participants in a proceeding; is developed in consultation with the applicant and any Federal or State agency with responsibility for the applicable Federal authorization; provides an opportunity for any Federal or State agency with responsibility for a Federal authorization to identify and resolve issues of concern, consistent with subsections
(e)and (f); complies with applicable schedules established under Federal law; ensures expeditious completion of all proceedings required under Federal and State law, to the maximum extent practicable; and facilitates completion of Federal and State agency studies, reviews, and any other procedures required prior to, or concurrent with, the preparation of the environmental document of the Commission required under the National Environmental Policy Act of 1969, to the maximum extent practicable. The Commission, Federal, and State agencies with responsibility for a Federal authorization, the license applicant, and all other agencies and other participants in proceedings for Federal authorizations for the project shall meet the deadlines established by the schedule developed under paragraph (2). A Federal or State agency that is unable to complete its disposition of a Federal authorization by the deadline set forth in the schedule established by the Commission under paragraph
(2)shall, not later than 30 days prior to such deadline, file for an extension with the Commission. The Commission shall issue a one-time extension of up to 90 days to any such Federal or State agency upon a demonstration of good cause. The Commission may grant extensions requested by the license applicant or other licensing participants to facilitate settlement, address unforeseen circumstances, or accommodate other showings of good cause if the Commission determines that any such extension would reduce the overall time period for decision making on required Federal authorizations for the project, increase the administrative efficiency of the processes for Federal authorizations, or improve the quality of information available to Federal and State agencies with a responsibility for a Federal authorization. If the Commission grants an extension under this paragraph, the Commission shall reissue the schedule and applicable deadlines to reflect the extension of time granted. Notwithstanding the Commission’s authority to extend the schedule as provided in subparagraph (B), the Commission shall not grant any extension that would increase by 1 year or longer the time period in the original schedule issued under paragraph
(2)for obtaining all Federal authorizations for the applicable project. Subject to subparagraph (C), if a Federal or State agency fails to complete its disposition of a Federal authorization in accordance with the schedule deadline established under paragraph
(2)(as may be extended under paragraph (3))— in the case of a Federal agency, $5,000 of unobligated funds shall be rescinded; or in the case of a State agency, $5,000 of unobligated funds shall be rescinded from Federal fish and wildlife or water resources funding programs to the State. Subject to subparagraph (C), for each additional week after any deadline established by the Commission under paragraph
(2)(as may be extended under paragraph (3)) remains uncompleted by a Federal or State agency with a responsibility for a Federal authorization, an additional rescission of $5,000 shall occur as provided in subparagraph (A). For each individual Federal authorization for a project, the total amounts rescinded under subparagraphs
(A)and
(B)shall not exceed, in any fiscal year, $100,000. No head of a Federal or State department or agency shall reprogram funds from another Federal account or program for the loss of the funds under this paragraph. No head of a Federal or State agency shall report or include any rescinded funds as an administrative cost for purposes of annual charges under section 10(e). If a term or condition of a Federal authorization submitted for inclusion in a license under this part conflicts or is otherwise inconsistent with another such term or condition, the Commission shall initiate and facilitate consultation between the Federal or State resource agencies submitting conflicting or inconsistent terms or conditions, to attempt to resolve the inconsistency or conflict, including with any such conditions recommended for inclusion in the license by the Commission. The consultation period under this subsection shall extend up to 90 days and shall include at least one technical conference or similar meeting. The Commission shall issue notice of any such conference or other consultation meeting, which shall be open to participation by the license applicant, other agencies, and other licensing participants. If the agencies submitting the terms or conditions resolve the inconsistency or conflict, the Commission and other consulting agencies shall set a reasonable schedule and deadline, that is not later than 90 days after the conclusion of the consultation, for the agencies to amend and reissue their Federal authorizations to reflect the resolution, as appropriate. If agencies are unable to resolve an inconsistency or conflict under paragraph (1), not later than 30 days after the conclusion of the consultation process under such paragraph, the agencies shall submit to the public record maintained by the Commission a statement that identifies the inconsistency or conflict, explains the position taken by each agency causing the inconsistency or conflict, and provides an analysis, supported by information in the public record, of the factual basis for the inconsistent or conflicting position taken by each agency. Following such submission, the Commission shall refer the matter for resolution as provided in subsection (f). For any dispute under subsections (c), (d), or
(e)among Federal and State agencies with responsibility for a Federal authorization, as well as any dispute between any such agency and the license applicant, the Commission may, upon its own motion or the request of the head of any such agency or the license applicant, refer the matter to the Director of the Office of Management and Budget. With respect to any dispute referred to the Director under paragraph (1), the Director, in consultation with the Chair of the Council on Environmental Quality, shall act as appropriate— to ensure a timely participation; to ensure a timely decision; to mediate the dispute; or to refer the matter to the President. The license applicant and other interested participants shall be provided the opportunity to participate in the resolution of any issues under this subsection. .
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Sec. 5
Modernizing hydropower licensing
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