[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 5922 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5922

                   To expand small-scale hydropower.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2010

 Mr. Smith of Nebraska (for himself and Mr. McClintock) introduced the 
   following bill; which was referred to the Committee on Energy and 
   Commerce, and in addition to the Committees on Transportation and 
 Infrastructure and Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
                   To expand small-scale hydropower.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Small-Scale Hydropower 
Enhancement Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conduit.--The term ``conduit'' means any tunnel, canal, 
        pipeline, aqueduct, flume, ditch, or similar manmade water 
        conveyance that is operated for the distribution of water for 
        agricultural, municipal, or industrial consumption and not 
        primarily for the generation of electricity.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. APPLICABILITY OF LAW.

    Notwithstanding any other provision of law, any proposed 
hydroelectric project that seeks to use a conduit that is in existence 
on the date of the enactment of this Act to generate power that does 
not exceed 1.5 megawatts shall be exempt from section 30 of the Federal 
Power Act (16 U.S.C. 823a).

SEC. 4. INCLUSION OF CERTAIN STRUCTURES IN REPORT AND STUDY.

    The Secretary shall--
            (1) include structures that have less than 10 feet of head 
        or would result in less than 1 megawatt of capacity as part of 
        the study and report required under section 1834 of the Energy 
        Policy Act of 2005 (Public Law 109-58);
            (2) to the maximum extent practicable, consult with non-
        Federal and noncontracting interests in implementing this 
        section; and
            (3) implement this section on a nonreimbursable basis.
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