A bill 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 to standardize the review process for Section 408 applications related to non-federal hydropower projects. Within one year of enactment, the Secretary must establish clear procedures for alterations or temporary/permanent occupation or use of these projects, aiming to streamline the current system. The required guidance must include a standardized application checklist , developed in consultation with the Federal Energy Regulatory Commission, the Corps of Engineers' Hydroelectric Design Center, hydropower operators, and industry associations. It also necessitates a clear description of what constitutes a complete Section 408 application , covering required documents, formatting, and evidence of compliance with applicable FERC licenses. For applications requiring a phased design review, the guidance must specify the scope, objectives, and timelines for each phase, along with definitions for terms like "fatal flaw" and "technical review." Crucially, it clarifies that a completeness review should not involve detailed technical analysis or engineering judgment regarding design adequacy. Furthermore, the guidance must establish escalation procedures for cases where application deadlines are not met. During a completeness review, the Secretary is explicitly prohibited from conducting detailed technical reviews, evaluating design adequacy, requesting design modifications, considering factors outside the standardized checklist, or imposing new environmental standards not established prior to the application submission date.
Read twice and referred to the Committee on Environment and Public Works.
Water Resources Development
A bill 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 CongressS-4992| Senate
| Updated: 7/15/2026
This bill mandates that the Secretary of the Army issue guidance to standardize the review process for Section 408 applications related to non-federal hydropower projects. Within one year of enactment, the Secretary must establish clear procedures for alterations or temporary/permanent occupation or use of these projects, aiming to streamline the current system. The required guidance must include a standardized application checklist , developed in consultation with the Federal Energy Regulatory Commission, the Corps of Engineers' Hydroelectric Design Center, hydropower operators, and industry associations. It also necessitates a clear description of what constitutes a complete Section 408 application , covering required documents, formatting, and evidence of compliance with applicable FERC licenses. For applications requiring a phased design review, the guidance must specify the scope, objectives, and timelines for each phase, along with definitions for terms like "fatal flaw" and "technical review." Crucially, it clarifies that a completeness review should not involve detailed technical analysis or engineering judgment regarding design adequacy. Furthermore, the guidance must establish escalation procedures for cases where application deadlines are not met. During a completeness review, the Secretary is explicitly prohibited from conducting detailed technical reviews, evaluating design adequacy, requesting design modifications, considering factors outside the standardized checklist, or imposing new environmental standards not established prior to the application submission date.