H.R.2872 – Promoting Hydropower Development at Existing Non-powered Dams Act

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Week ending December 15, 2017

H.R.2872 – Promoting Hydropower Development at Existing Non-powered Dams Act


HR 2872 promotes hydropower development at existing non-powered dams.

Such qualifying facilities may receive an exemption in whole or in part from the requirements including license requirements.

The exemption may be granted if necessary to protect public safety or is reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources directly caused by the construction and operation of the qualifying facility, as compared to the environmental baseline existing at the time the Commission grants the exemption.

any facility located at a non-Federal dam shall pay to the United States reasonable annual charges in an amount to be fixed by the Commission for the purpose of funding environmental enhancement projects in watersheds in which facilities exempted under this subsection are located. Such annual charges shall be equivalent to the annual charges for use of a Government dam under section 10(e), unless the Commission determines, by rule, that a lower charge is appropriate to protect exemptees’ investment in the project or avoid increasing the price to consumers of power due to such charges. The proceeds of charges made by the Commission under this paragraph shall be paid into the Treasury of the United States and credited to miscellaneous receipts. Subject to annual appropriation Acts, such proceeds shall be available to Federal and State fish and wildlife agencies for purposes of carrying out specific environmental enhancement projects in watersheds in which one or more facilities exempted under this subsection are located. Not later than 180 days after the date of enactment of this section, the Commission shall establish rules, after notice and opportunity for public comment, for the collection and administration of annual charges under this paragraph.

(Full text of H.R. 2872 congress.gov)

SponsorRep. Bucshon, Larry [R-IN-8] (Introduced 06/12/2017)

Status:  Passed House /



On Passage: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

House Amendments:

Motion to recommit:

Text of the motion:


On Passage:

Procedural Actions:

Senate Amendments:


Cost to the taxpayers:  Establishing and implementing the proposed expedited regulatory process could increase FERC’s annual workload. Using information from FERC about the historical costs of similar efforts, however, CBO estimates that any increase in the agency’s administrative costs would be relatively small. Further, because FERC recovers 100 percent of its costs through user fees, any change in its administrative costs (which are subject to appropriation) would be offset by an equal change in the fees that the commission charges. Hence, CBO expects that implementing H.R. 2872 would not have a significant net effect on the federal budget.

Pay-as-you-go requirements:  Enacting H.R. 2872 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply.

Dynamic Scoring:   CBO estimates that enacting H.R. 2872 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.

Regulatory and Other Impact: H.R. 2872 would impose intergovernmental and private-sector mandates, as defined in the Unfunded Mandates Reform Act (UMRA). If FERC increases fees to offset the costs of implementing the bill, the cost of an existing mandate to pay those fees would increase for public and private licensees. Using information from FERC about the potential costs of implementing the bill, CBO estimates that any incremental change in fees collected would be small and would total far less than the thresholds established in UMRA for intergovernmental and private-sector mandates ($78 million and $156 million, respectively, in 2017).

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs: Data not available

Direct Rule-Making:  Data not available

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.


More Bill Information:


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