Sec. 6. Hydropower development at existing nonpowered dams and closed-loop pumped storage
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Section 34 of the Federal Power Act ( 16 U.S.C. 823e ) is amended— by amending subsection
(a)to read as follows: The Commission may issue a license under section 37 for any facility the Commission determines is a qualifying facility. ; by striking subsections
(b)and (c); and by redesignating subsections (d), (e), and
(f)as subsections (b), (c), and (d), respectively. Section 35 of the Federal Power Act ( 16 U.S.C. 823f ) is amended— by amending subsection
(a)to read as follows: The Commission may issue a license under section 37 for any project the Commission determines is a qualifying closed-loop pumped storage project. ; by striking subsections (b), (c), (e), (g), and (h); by redesignating subsections
(d)and
(f)as subsections
(b)and (c), respectively; and by adding at the end the following: Notwithstanding section 23(b), a closed-loop pumped storage project shall not be required to be licensed under this part if the closed-loop pumped storage project— is not located upon any part of the public lands or reservations of the United States; and does not use a federally owned dam or reservoir. For purposes of this section: The term closed-loop pumped storage project means a project for the generation of electric power— that— is configured to use 2 or more natural or artificial reservoirs or other water bodies at different elevations; and can generate electric power as water moves down through a turbine and recharge by pumping water to the upper reservoir; that will be constructed, operated, and maintained for the generation of electric power in a manner that ensures that the upper and lower reservoirs or other water bodies do not impound any stream channel of any surface body of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States; and in which any infrastructure connecting a project reservoir and a natural surface waterway is used for the sole purpose of the initial fill and periodic recharge of reservoirs needed for project operation. The term qualifying closed-loop pumped storage project means a closed-loop pumped storage project that, as of the date of enactment of the Hydropower Clean Energy Future Act , is not licensed under, or exempted from the license requirements contained in, this part. Nothing in this section affects— any requirement of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), or the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ) that may apply to the construction, operation, or maintenance of a closed-loop pumped storage project; or except as provided in subsection (d), any authority of the Commission to license a closed-loop pumped storage project under this part. .
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- 42 USC 4231
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Sec. 6
Hydropower development at existing nonpowered dams and closed-loop pumped storage
Cite42 USC 4231
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