Sec. 1508. Improving reviews for non-Federal hydropower at existing Corps of Engineers projects

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In this section: The term Commission means the Federal Energy Regulatory Commission. The term environmental review process means the process of preparing an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). The term licensing application means the process of seeking a license from the Commission to construct or operate a hydropower facility at a qualifying facility. The term licensing application includes any prelicensing coordination conducted with the Commission prior to submission of a formal application.

The term Memorandum of Understanding means the Memorandum of Understanding between the Corps of Engineers and the Commission on Non-Federal Hydropower Projects, signed in July 2016. The term qualifying facility means any dam, dike, embankment, or other barrier— the construction of which was completed on or before the date of enactment of this section; and that is operated, owned, or constructed by the Corps of Engineers. This section shall apply to each licensing application for a qualifying facility— for which prelicensing coordination described in subsection (a)(3)(B) is initiated on or after the date of enactment of this section; or that is submitted on or after the date of enactment of this section.

Except as provided under paragraph

(2)and consistent with the Memorandum of Understanding, the Commission and the Secretary shall develop and implement an environmental review process for a licensing application at a qualifying facility, which shall include conducting the Commission prelicensing process concurrently with the process of preparing an environmental impact statement or environmental assessment under the jurisdiction of the Secretary that may be required to construct or operate a hydropower facility at a qualifying facility. The environmental review process shall not include a licensing application in which the proposed activity qualifies for a general permit under section 10 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1151, chapter 425; 33 U.S.C. 403 ) or section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) or categorical permission under section 14 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1152, chapter 425; 33 U.S.C. 408 ). To the maximum extent practicable, and without affecting the obligations or requirements of any Federal environmental law, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.), and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), the Commission and the Secretary shall ensure that the environmental review process described in paragraph

(1)is completed in a timely manner so that the Commission is able to make a final decision on an application for a license by not later than 2 years after the date on which the Commission receives a completed licensing application. Notwithstanding the authority of the Secretary in determining overall project purposes under part 230 of title 33, Code of Federal Regulations (or successor regulations), the Secretary, consistent with the Memorandum of Understanding, shall coordinate with the Commission to define the purpose and need for an environmental impact statement or environmental assessment as part of the environmental review process described in paragraph (1). No hydropower facility planned under this section shall be approved by the Commission or the Secretary unless the Secretary certifies in writing that the proposed hydropower facility will not adversely affect or undermine— the structural integrity of the qualifying facility; and the ability of the qualifying facility— to achieve the congressionally authorized purposes of the facility; and to comply with applicable laws and policies, including the national water resources planning policy under section 2031(a) of the Water Resources Development Act of 2007 ( 42 U.S.C. 1962–3(a) ). Nothing in this section waives or affects the obligations or requirements of any Federal environmental laws, including— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.).

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