Sec. 16. Micro hydropower facilities
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Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. ) (as amended by section 15) is amended by adding at the end the following: To improve the regulatory process and reduce delays and costs for new development of hydropower facilities with an installed capacity of 1,000 kilowatts or less (referred to in this section as micro hydropower facilities ), the Commission shall investigate— opportunities to expand the use of micro hydropower facilities in the United States for purposes of— capturing the electric generating potential of existing hydraulic processes without requiring the construction of any new dam or similar infrastructure; reducing United States dependence on fossil fuel resources for power and energy; and serving rural, underserved, or isolated communities; and regulatory processes for, and administration of, micro hydropower facilities, including with respect to— the protection, mitigation, and enhancement of fish and wildlife (including related spawning grounds and habitat) and other beneficial public uses, including irrigation, flood control, water supply, and recreational and other purposes referred to in section 4(e)(5); achieving cost-effective and administratively efficient regulation of micro hydropower facilities that are commensurate with the size, expanse, and environmental effects of micro hydropower facilities; and protecting public safety and the structural integrity of project works.
In carrying out subsection (a), the Commission shall— consult with the Secretary of Energy, Federal and State resource agencies, Indian Tribes, and the public; and at a minimum— solicit— relevant technical, scientific, and regulatory information; and public comment; convene regional technical conferences to address the investigation subjects described in subsection (a); and provide an opportunity for public comment after the technical conferences under subparagraph (B). Not later than 1 year after the date of enactment of the Community and Hydropwer Improvement Act , the Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that— analyzes each of the investigation subjects described in subsection (a), including— a quantitative assessment of— the quantity of energy that could likely be produced by a program to expand the use of micro hydropower facilities in the United States; and the environmental and economic feasibility of an expanded use of micro hydropower facilities; and specific recommendations regarding the means by which Congress may address or remedy each identified issue; describes the processes adopted, and any comments received, under subsection (b), including the response of the Commission to comments received from the Secretary of Energy, Federal and State resource agencies, Indian Tribes, and the public; and includes— a description of each recommendation submitted relating to the draft report under paragraph (2); and an explanation of the reasons of the Commission for not adopting any submitted recommendation, if applicable, as supported by information gathered under subsection (b).
Before submitting the report under paragraph (1), the Commission shall provide a draft report to the Secretary of Energy, Federal and State resource agencies, Indian Tribes, and the public for review and comment for a period of not less than 60 days. .
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Sec. 16
Micro hydropower facilities
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