To require the Secretary of the Army to issue guidance relating to the review of applications for alteration or temporary or permanent occupation or use of certain hydropower projects, and for other purposes.
This bill mandates that the Secretary of the Army issue guidance within one year to standardize the review procedures for Section 408 applications concerning non-Federal hydropower projects. This guidance will include a standardized checklist of required materials, developed in consultation with the Federal Energy Regulatory Commission, the Corps of Engineers' Hydroelectric Design Center, project operators, and relevant industry associations. It also requires a clear description of what constitutes a complete application , covering necessary documents, formatting, and evidence of compliance with any applicable FERC license. Furthermore, the guidance must establish phased review procedures for applications requiring them, detailing the scope, objectives, and timelines for each phase, along with definitions for terms like “fatal flaw” and “technical review.” A key provision is that completeness reviews will be strictly limited to verifying that all required documents are submitted in the correct format and address the checklist requirements, explicitly prohibiting detailed technical analysis or engineering judgment at this stage. The bill also outlines escalation procedures for missed deadlines and prohibits the Secretary from requesting design modifications or considering factors not on the standardized checklist during completeness reviews.
Referred to the House Committee on Transportation and Infrastructure.
To require the Secretary of the Army to issue guidance relating to the review of applications for alteration or temporary or permanent occupation or use of certain hydropower projects, and for other purposes.
USA119th CongressHR-9705| House
| Updated: 7/15/2026
This bill mandates that the Secretary of the Army issue guidance within one year to standardize the review procedures for Section 408 applications concerning non-Federal hydropower projects. This guidance will include a standardized checklist of required materials, developed in consultation with the Federal Energy Regulatory Commission, the Corps of Engineers' Hydroelectric Design Center, project operators, and relevant industry associations. It also requires a clear description of what constitutes a complete application , covering necessary documents, formatting, and evidence of compliance with any applicable FERC license. Furthermore, the guidance must establish phased review procedures for applications requiring them, detailing the scope, objectives, and timelines for each phase, along with definitions for terms like “fatal flaw” and “technical review.” A key provision is that completeness reviews will be strictly limited to verifying that all required documents are submitted in the correct format and address the checklist requirements, explicitly prohibiting detailed technical analysis or engineering judgment at this stage. The bill also outlines escalation procedures for missed deadlines and prohibits the Secretary from requesting design modifications or considering factors not on the standardized checklist during completeness reviews.