[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] IMPROVING THE HYDROPOWER LICENSING PROCESS ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON ENERGY OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION __________ JUNE 7, 2018 __________ Serial No. 115-137 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Printed for the use of the Committee on Energy and Commerce energycommerce.house.gov _________ U.S. GOVERNMENT PUBLISHING OFFICE 34-508 PDF WASHINGTON : 2019 COMMITTEE ON ENERGY AND COMMERCE GREG WALDEN, Oregon Chairman JOE BARTON, Texas FRANK PALLONE, Jr., New Jersey Vice Chairman Ranking Member FRED UPTON, Michigan BOBBY L. RUSH, Illinois JOHN SHIMKUS, Illinois ANNA G. ESHOO, California MICHAEL C. BURGESS, Texas ELIOT L. ENGEL, New York MARSHA BLACKBURN, Tennessee GENE GREEN, Texas STEVE SCALISE, Louisiana DIANA DeGETTE, Colorado ROBERT E. LATTA, Ohio MICHAEL F. DOYLE, Pennsylvania CATHY McMORRIS RODGERS, Washington JANICE D. SCHAKOWSKY, Illinois GREGG HARPER, Mississippi G.K. BUTTERFIELD, North Carolina LEONARD LANCE, New Jersey DORIS O. MATSUI, California BRETT GUTHRIE, Kentucky KATHY CASTOR, Florida PETE OLSON, Texas JOHN P. SARBANES, Maryland DAVID B. McKINLEY, West Virginia JERRY McNERNEY, California ADAM KINZINGER, Illinois PETER WELCH, Vermont H. MORGAN GRIFFITH, Virginia BEN RAY LUJAN, New Mexico GUS M. BILIRAKIS, Florida PAUL TONKO, New York BILL JOHNSON, Ohio YVETTE D. CLARKE, New York BILLY LONG, Missouri DAVID LOEBSACK, Iowa LARRY BUCSHON, Indiana KURT SCHRADER, Oregon BILL FLORES, Texas JOSEPH P. KENNEDY, III, SUSAN W. BROOKS, Indiana Massachusetts MARKWAYNE MULLIN, Oklahoma TONY CARDENAS, California RICHARD HUDSON, North Carolina RAUL RUIZ, California CHRIS COLLINS, New York SCOTT H. PETERS, California KEVIN CRAMER, North Dakota DEBBIE DINGELL, Michigan TIM WALBERG, Michigan MIMI WALTERS, California RYAN A. COSTELLO, Pennsylvania EARL L. ``BUDDY'' CARTER, Georgia JEFF DUNCAN, South Carolina Subcommittee on Energy FRED UPTON, Michigan Chairman PETE OLSON, Texas BOBBY L. RUSH, Illinois Vice Chairman Ranking Member JOE BARTON, Texas JERRY McNERNEY, California JOHN SHIMKUS, Illinois SCOTT H. PETERS, California ROBERT E. LATTA, Ohio GENE GREEN, Texas GREGG HARPER, Mississippi MICHAEL F. DOYLE, Pennsylvania DAVID B. McKINLEY, West Virginia KATHY CASTOR, Florida ADAM KINZINGER, Illinois JOHN P. SARBANES, Maryland H. MORGAN GRIFFITH, Virginia PETER WELCH, Vermont BILL JOHNSON, Ohio PAUL TONKO, New York BILLY LONG, Missouri DAVID LOEBSACK, Iowa LARRY BUCSHON, Indiana KURT SCHRADER, Oregon BILL FLORES, Texas JOSEPH P. KENNEDY, III, MARKWAYNE MULLIN, Oklahoma Massachusetts RICHARD HUDSON, North Carolina G.K. BUTTERFIELD, North Carolina KEVIN CRAMER, North Dakota FRANK PALLONE, Jr., New Jersey (ex TIM WALBERG, Michigan officio) JEFF DUNCAN, South Carolina GREG WALDEN, Oregon (ex officio) (ii) C O N T E N T S ---------- Page Hon. Fred Upton, a Representative in Congress from the State of Michigan, opening statement.................................... 1 Prepared statement........................................... 3 Hon. Bobby L. Rush, a Representative in Congress from the State of Illinois, opening statement................................. 4 Prepared statement........................................... 5 Hon. Greg Walden, a Representative in Congress from the State of Oregon, opening statement...................................... 6 Prepared statement........................................... 7 Hon. Frank Pallone, Jr., a Representative in Congress from the State of New Jersey, opening statement......................... 8 Prepared statement........................................... 10 Witnesses Terry L. Turpin, Director, Office of Energy Projects, Federal Energy Regulatory Commission................................... 11 Prepared statement........................................... 13 Answers to submitted questions............................... 80 Chris Oliver, Assistant Administrator for Fisheries, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce......................... 20 Prepared statement........................................... 22 Answers to submitted questions \1\........................... 94 Greg Sheehan, Principal Deputy Director, U.S. Fish and Wildlife Service, Department of the Interior............................ 33 Prepared statement........................................... 35 Answers to submitted questions............................... 97 Ryan A. Fisher, Principal Deputy Assistant Secretary of the Army for Civil Works, Army Corps of Engineers....................... 39 Prepared statement........................................... 41 Answers to submitted questions............................... 105 John Goodin, Acting Director, Office of Wetlands, Oceans, and Watersheds, Office of Water, Environmental Protection Agency... 44 Prepared statement........................................... 46 Answers to submitted questions............................... 109 Submitted Material Letter of June 4, 2018, from Dennis Daugaard, Chair, and David Ige, Vice Chair, Western Governors' Association, to Hon. Paul Ryan, Speaker of the House of Representatives, et al., submitted by Mr. Upton......................................... 78 ---------- \1\ Mr. Oliver did not answer submitted questions for the record by the time of printing. IMPROVING THE HYDROPOWER LICENSING PROCESS ---------- THURSDAY, JUNE 7, 2018 House of Representatives, Subcommittee on Energy, Committee on Energy and Commerce, Washington, DC. The subcommittee met, pursuant to call, at 11:04 a.m., in room 2123, Rayburn House Office Building, Hon. Fred Upton (chairman of the subcommittee) presiding. Members present: Representatives Upton, Olson, Shimkus, Latta, Kinzinger, Griffith, Johnson, Long, Bucshon, Mullin, Walberg, Duncan, Walden (ex officio), Rush, McNerney, Peters, Green, Doyle, Castor, Sarbanes, Welch, Tonko, Loebsack, Kennedy, and Pallone (ex officio). Also present: Representative McMorris Rodgers. Staff present: Mike Bloomquist, Staff Director; Samantha Bopp, Staff Assistant; Kelly Collins, Legislative Clerk, Energy/Environment; Wyatt Ellertson, Professional Staff Member, Energy/Environment; Margaret Tucker Fogarty, Staff Assistant; Jordan Haverly, Policy Coordinator, Environment; Mary Martin, Chief Counsel, Energy/Environment; Sarah Matthews, Press Secretary; Drew McDowell, Executive Assistant; Brandon Mooney, Deputy Chief Counsel, Energy; Mark Ratner, Policy Coordinator; Annelise Rickert, Counsel, Energy; Peter Spencer, Senior Professional Staff Member, Energy; Jason Stanek, Senior Counsel, Energy; Austin Stonebraker, Press Assistant; Hamlin Wade, Special Advisor for External Affairs; Everett Winnick, Director of Information Technology; Jean Fruci, Minority Policy Advisor, Energy and Environment; Rick Kessler, Minority Senior Advisor and Staff Director, Energy and Environment; John Marshall, Minority Policy Coordinator; Alexander Ratner, Minority Policy Analyst; Andrew Souvall, Minority Director of Communications, Member Services, and Outreach; and Catherine Zander, Minority Environment Fellow. OPENING STATEMENT OF HON. FRED UPTON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MICHIGAN Mr. Upton. Good morning, everyone. Good morning again to you, Mr. Shimkus. He and I sat together for the last couple hours at our Republican conference. Today, the Energy Subcommittee--you'll read about it, right--the Energy Subcommittee is going to examine the benefits of our Nation's hydroelectric resources and how we can improve upon the existing framework to more efficiently license and relicense non-Federal hydropower projects in the U.S. and to help us better understand this complex and multi-agency process, we are joined by a great panel of experts representing five agencies that play a significant role in the hydro licensing process. So thank you for being here and appreciate you submitting your testimony to us in advance. Although the Nation's first hydroelectric plant began generating electricity back in 1882 in Wisconsin, we have been served by a dependable fleet of hydropower dams, many of which have been in operation since the early 1900s. Nearly 8 percent of the country's electricity is now produced by renewable hydro and that number has the potential to substantially grow in coming years as the demand for clean energy increases and as advancements in hydro technologies still occur. While the energy industry is in the midst of a debate regarding whether coal and nuclear resources should be compensated for their baseload characteristics, it is easy to overlook that hydro produces a significant amount of clean, zero emissions baseload electricity. Hydro also contributes to the flexible and reliable operations of the electric grid by providing more than just energy and capacity. Hydro facilities provide many ancillary services. In fact, the old-fashioned pumped-storage infrastructure which has been contributing to the grid since the 1920s closely resembles today's newer energy storage and battery technologies. Setting aside the many benefits that affordable hydro provides to our economy and national security, the focus of today's hearing relates to how non-Federal hydro projects are licensed and how that process can in fact be improved. As the lead agency for licensing, FERC is authorized by the Federal Power Act to review proposals for the construction of hydro facilities as well as to oversee the operations and safety of hydro facilities over their license term, ranging from 30 to 50 years. However, the licensing of new hydro and the relicensing of existing facilities requires extensive consultation with a number of resources and agencies at the Federal, State, and local levels. Those agencies, including NOAA, the Corps of Engineers, EPA, the U.S. Fish and Wildlife, plays an important role in lending their expertise and evaluating a range of impacts that a hydro project may have on the natural environment. Their collective analysis assists FERC in the preparation of an EIS and the input of these cooperating agencies can influence the mandatory conditions that a hydro developer must agree to follow in order to receive a license approval from FERC. Unfortunately, we have heard of a number of instances where resource agencies are failing to cooperate with FERC by withholding necessary authorizations to allow the project to proceed. And while a typical relicensing action ought to take about 5 years, it is not uncommon for the project to stretch much longer. Just last month, FERC Chairman McIntyre provided us with a long list of hydro projects that are waiting for other agencies to act before FERC can even issue a decision. Too frequently, FERC cannot take final action because other agencies such as the National Marine Fisheries Service or the Fish and Wildlife, et cetera, have not completed the consultation pursuant to the Endangered Species Act. In other instances, FERC has been waiting years for a State agency to issue a water quality certification under section 401 of the Clean Water Act. In one case, FERC completed the NEPA review in 2004, but they are still waiting on approvals from a California State agency and Fish and Wildlife. Obviously, that's 14 years. We can't allow important infrastructure projects as hydro to fall victim to an endless bureaucratic process. It's not fair. I am optimistic that these agencies will make progress towards improving their coordination and the timely processing of environmental reviews. Notably, the agencies appearing today, along with many others, signed an MOU a couple months ago to seek a cooperative relationship and expedite authorizations of major infrastructure projects, such as hydro facilities. So we welcome your attendance today. [The prepared statement of Mr. Upton follows:] Prepared statement of Hon. Fred Upton Good morning. Today, the Energy Subcommittee will examine the benefits of our Nation's hydroelectric resources and how we can improve upon the existing framework to more efficiently license and relicense non-Federal hydropower projects in the United States. To help us better understand this complex and multiagency process, we are joined by a panel of experts representing five agencies that play a significant role in the hydro licensing process. Thank you for being here to testify this morning. Although the Nation's first hydroelectric plant began generating electricity in 1882 in Wisconsin, next door in Michigan we have been served by a dependable fleet of hydropower dams--many of which have been in operation since the early 1900s. Nearly 8 percent of the country's electricity is now produced by renewable hydropower. That number has the potential to substantially grow in coming years as the demand for clean energy increases, and as advancements in hydro technologies occur. While the energy industry is in the midst of a debate regarding whether coal and nuclear resources should be compensated for their baseload characteristics, it is easy to overlook that hydropower produces a significant amount of clean, zero emissions, baseload electricity. Hydropower also contributes to the flexible and reliable operations of the electric grid by providing more than just energy and capacity. Hydropower facilities provide many ancillary services. In fact, the oldfashioned pumped-storage infrastructure which has been contributing to the grid since the 1920s closely resembles today's newer energy storage and battery technologies. Setting aside the many benefits that affordable hydropower provides to our economy and national security, the focus of today's hearing relates to how non- Federal hydropower projects are licensed and how this process can be improved. As the lead agency for licensing, the Federal Energy Regulatory Commission is authorized by the Federal Power Act to review proposals for the construction of hydropower facilities, as well as to oversee the operations and safety of hydro facilities over their license term, ranging from 30 to 50 years. However, the licensing of new hydropower facilities and the relicensing of existing facilities requires extensive consultation with various resources agencies at the Federal, State, and local levels. Those agencies, including NOAA, the Army Corps of Engineers, EPA, and the U.S. Fish and Wildlife Service play an important role in lending their expertise and evaluating a range of impacts that a hydro project may have on the natural environment. Their collective analysis assists FERC in the preparation of an Environmental Impact Statement (or ``EIS''), and the input of these ``cooperating agencies'' can influence the mandatory conditions that a hydro developer must agree to follow in order to receive a license approval from FERC. Unfortunately, we have heard of some instances and examples where resource agencies are failing to cooperate with FERC by withholding necessary authorizations to allow the project to proceed. While a typical relicensing action should take approximately 5 years according to FERC, it is not uncommon for the process to stretch much longer. Just last month, FERC Chairman McIntyre provided me with a long list of hydro projects that are waiting for other agencies to act before FERC can issue a decision. Too frequently, FERC cannot take final action because other agencies such as the National Marine Fisheries Service or the Fish and Wildlife Service have not completed its consultation pursuant to the Endangered Species Act. In other instances, FERC has been waiting years for a State agency to issue a water quality certification under section 401 of the Clean Water Act. In one case, FERC completed its NEPA review in 2004, but is still waiting on approvals from a California State agency and Fish and Wildlife. That's 14 years! We cannot allow important infrastructure such as hydropower projects to fall victim to an endless bureaucratic process-- it's simply not fair. I am optimistic, however, that these agencies will make progress towards improving their coordination and the timely processing of environmental reviews. Notably, the agencies appearing today, along with many others, signed an MOU in April seeking to establish a ``cooperative relationship'' and expedite authorizations of major infrastructure projects, including hydropower facilities. I look forward to hearing from our agency witnesses on how together we can improve and streamline the existing licensing process and, in turn, encourage the development of new and needed hydropower resources in the United States. Mr. Upton. I would ask unanimous consent to put a statement in the record from a colleague not on our committee, Mr. Poliquin, into the record. Without dissent, it will be part of the record. And I will yield 5 minutes to the ranking member of the subcommittee, Mr. Rush. OPENING STATEMENT OF HON. BOBBY L. RUSH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS Mr. Rush. I want to thank you, Mr. Chairman, for holding today's hearing on improving the hydropower licensing process. Although, Mr. Chairman, I must admit, this hearing would have been even more helpful if it had occurred before this subcommittee passed legislation making sweeping changes to that licensing process such as H.R. 3043 last year. Mr. Chairman, as we have previously discussed on many occasions, hydropower is supported by Members on both sides of the aisle. However, the process for how we license these projects is too important for us to get it wrong by making changes that could lead to negative unintended consequences. After all, Mr. Chairman, we must remember that hydroelectric licensing can span between 30 to 50 years, and under existing law a license holder can be granted automatic yearly extension in perpetuity without even having to reapply. Mr. Chairman, any potential changes to this process must include a balanced approach that protects the rights of Federal resource agencies, States, and Native Tribes to impose conditions in accordance with modern environmental law. As you may remember, Mr. Chairman, I offered such an approach in the form of an amendment in the nature of a substitute to H.R. 3043 on the floor of the House last December. While that amendment was defeated, I continue to urge the majority to work with our side to address this issue in a bipartisan manner if we are to truly enact legislation that can pass both chambers of Congress and truly help improve the licensing process. Mr. Chairman, I remain very leery of supporting any approach that will make FERC the lead agency over the licensing process and would require Native Tribes, the States, and Federal resource agencies to pay deference to FERC. This is especially true when it comes to matters where FERC has absolutely no expertise or statutory authority, including on issues regarding agricultural water use, drinking water protection, fisheries management, and recreational river use. Initially, Mr. Chairman, in past testimony before this subcommittee we have heard repeatedly that a major cause for the licensing delays was due to the incomplete application that do not include all the pertinent information necessary to issue a final decision while none of the bills previously passed out of this subcommittee have done anything to address this issue. The minority side, Mr. Chairman, has offered an approach that would address the critical concerns. In the amendment that I offered during the floor debate on H.R. 3043, FERC, and the other Federal resource agencies would be directed to convene a negotiating rulemaking when all stakeholders include State and local government representatives as well as Native Tribes. These stakeholders would then collaboratively develop a process to coordinate all necessary Federal authorizations and to enable the Commission to make a final determination on a license not later than 3 years of receiving a completed license application. Mr. Chairman, I continue to oppose any modification, and I look forward to today's hearing, and I want to welcome all the expert witnesses to this subcommittee hearing. Thank you, and I yield back. [The prepared statement of Mr. Rush follows:] Prepared statement of Hon. Bobby L. Rush Thank you, Mr. Chairman, for holding today's hearing on improving the hydropower licensing process. Although, I must admit that this hearing would have been even more helpful if it had occurred before this subcommittee passed legislation making sweeping changes to the licensing process, such as HR 3043 last year. Mr. Chairman, as we have previously discussed on many occasions, hydropower is supported by Members on both sides of the aisle. However, the process for how we license these projects is too important for us to get it wrong by making changes that could lead to negative unintended consequences. After all, we must remember that hydroelectric licenses can span between 30-50 years, and under existing law a license holder can be granted automatic yearly extensions in perpetuity without ever even having to re-apply. Mr. Chairman, any potential changes to this process must include a balanced approach that protects the rights of Federal resource agencies, States, and Native Tribes to impose conditions in accordance with modern environmental laws. As you may remember, Mr. Chairman, I offered such an approach in the form of an Amendment in the Nature of a Substitute to HR 3043 on the floor of the House last December. While that amendment was defeated, I continue to urge the majority to work with our side to address this issue in a bipartisan manner if we are to truly enact legislation that can pass both chambers of Congress and truly help improve the licensing process. Mr. Chairman, I remain very leery of supporting any approach that would make FERC the lead agency over the licensing process and would require Native Tribes, the States, and Federal resource agencies to pay deference to the Commission. This is especially true when it comes to matters where FERC has absolutely no expertise or statutory authority, including on issues regarding agricultural water use, drinking water protection, fisheries management, and recreational river use. Additionally, Mr. Chairman, in past testimony before this subcommittee we have heard repeatedly that a major cause for licensing delays was due to incomplete applications that do not include all the pertinent information necessary to issue a final decision. While none of the bills previously passed out of this subcommittee have done anything to address this issue, the minority side has offered an approach that would address this critical concern. In the amendment that I offered during floor debate of HR 3043, FERC and the other Federal resource agencies would be directed to convene a negotiated rulemaking with all stakeholders, including State and local government representatives, as well as Native Tribes. These stakeholders would then collaboratively develop a process to coordinate all necessary Federal authorizations and enable the Commission to make a final decision on a license not later than 3 years of receiving a completed license application. Mr. Chairman, I will continue to oppose any modifications to the process that would give priority of our public waterways to industry, over and above the rights and interests of Native Tribes, farmers, fishermen, boaters, and other stakeholders who also rely on our public rivers and streams. I look forward to engaging today's panelists on the best way forward to improving this process in a fair, balanced, and transparent manner and with that I yield back the remainder of my time. Mr. Upton. Gentleman yields back. The Chair would recognize the chair of the full committee, Mr. Walden, from the good State of Oregon. OPENING STATEMENT OF HON. GREG WALDEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OREGON Mr. Walden. Thank you, Mr. Upton. Good morning. And today's hearing will focus on ways to improve the hydropower licensing process. Hydropower, of course, is the Nation's largest source of clean, domestic, renewable energy. Unfortunately, as those of us certainly in the West know, the lengthy and unpredictable project licensing process disadvantages hydropower when compared to fossil fuel generation and other renewables, such as wind and solar. So this committee has defined and identified several ways to improve the permitting processes for hydropower licensing by modernizing the Federal Power Act. At the same time, the administration has taken promising steps with executive orders to bring greater discipline and accountability in the environmental review and permitting processes. Now, while these steps help, there is, clearly, more work that needs to be done. That's why we are here today. We need to make this process more predictable, more transparent, and more efficient. The purpose of today's hearing is to hear directly from those agencies most closely involved in the hydropower permitting process, to see what specific measures have been taken to increase the efficiency and effectiveness of your respective reviews. Today's hearing will also allow for a deeper discussion about the benefits of real statutory reforms, such as those that have already passed through this committee and, by the way, through the House floor. Given what's at stake, I'm optimistic our colleagues in the Senate will eventually be able to pass companion legislation so we can finally get these bills across the finish line. And, you know, hydropower is, clearly, near and dear to my heart. My district has a lot of the major main stem dams along the Columbia River and certainly up the Snake River as well. Our district is impacted in Oregon and, of course, Washington and Idaho. In fact, hydropower, mainly from projects of the Federal Government, is often able to supply up to two-thirds of our electricity generation, and I would argue it's also carbon free. The challenges of utilizing our hydro resources do not end with permitting and licensing, however. Despite decades of thorough science-backed analysis by many of these agencies here with us today, litigation and biology from the bench negatively impacts river operations and our ratepayers. In fact, this year, the Army Corps and Bonneville Power Administration are spilling water instead of generating power at full capacity. This all comes at a cost--nearly $40 million in increased rates to Pacific Northwest electric ratepayers this year alone, according to the Federal agencies that are involved. And it is not just the rates. BPA invested nearly $275 million last year in fish projects across the Northwest. This spill, supposedly in the name of fish, undercuts that revenue stream as well. Now, the House recently passed H.R. 3144. This was legislation led by Cathy McMorris Rodgers, Kurt Schrader, and myself to provide certainty for operations of the hydro system and to protect ratepayers. So I'm hopeful our colleagues in the Senate will move this legislation forward as well to help tackle the challenges of operating the hydro system. There is no question that hydropower licensing is complex. There are lots of equities involved. It requires dozens of Federal, State, and local agencies to coordinate and balance a wide range of issues and competing interests, such as electricity production, flood control, Tribal issues, water navigation, and fish and wildlife issues. Recognizing this complexity, I look forward to hearing from our agency witnesses today--and, again, we thank you for being here--so we can gather together some suggestions on ways to improve the process--the licensing process. Not to diminish the environmental issues, not to diminish any of that, but just how do we streamline this--how do we make it more efficient--how do we get the answer sooner? So I thank you for being here. Mr. Chairman, I yield back the balance of my time. [The prepared statement of Mr. Walden follows:] Prepared statement of Hon. Greg Walden Good morning. Today's hearing will focus on ways to improve the hydropower licensing process. Hydropower is the Nation's largest source of clean, domestic, renewable electricity. Unfortunately, the lengthy and unpredictable project licensing process disadvantages hydropower when compared to fossil fuel generation and other renewables, like wind and solar. This committee has identified several ways to improve the permitting process for hydropower licensing by modernizing the Federal Power Act. At the same time, the administration has taken promising steps with Executive Orders to bring greater discipline and accountability in the environmental review and permitting process. While there's no silver bullet, there's plenty of room to improve coordination, and to make the process more predictable and transparent. The purpose of today's hearing is to hear directly from those agencies most closely involved in the hydropower permitting process, to see what specific measures have been taken to increase the efficiency and effectiveness of their respective reviews. Today's hearing will also allow for a deeper discussion about the benefits of real, statutory reforms, such as those that have already passed through this committee and the House Floor. Given what's at stake, I'm optimistic that our colleagues in the Senate will eventually be able to pass companion legislation, so that we can finally get these bills across the finish line. Hydropower is near and dear to my heart because it supplies the majority of the power that we consume in the Pacific Northwest. In fact, in my home State of Oregon, hydropower, mainly from Federal projects, is often able to supply up to two-thirds of our electricity generation. The challenges of utilizing our hydro resources do not end with permitting and licensing, however. Despite decades of thorough, science backed analysis by many of the agencies here with us today, litigation and biology from the judicial bench negatively impacts river operations and ratepayers. This year, the Army Corps and Bonneville Power Administration are spilling water over dams instead of generating power at full capacity. This all comes at a cost. Nearly $40 million in increased rates to Pacific Northwest ratepayers this year, according to the Federal agencies. And it is not just rates. BPA invested nearly $275 million last year in fish projects across the Pacific Northwest. This spill-- supposedly in the name of fish--undercuts that revenue stream as well. The House recently passed H.R. 3144--legislation Cathy McMorris Rodgers, Kurt Schrader, and myself worked on to provide certainty for operations of the hydro system and protect ratepayers. I'm hopeful our colleagues in the Senate will move this legislation forward as well to help tackle the challenges of operating this hydro system. There is no question that hydropower licensing is complex-- it requires dozens of Federal, State, and local agencies to coordinate and balance a wide range of issues and competing interests, such as electricity production, flood control, water navigation, fish, and wildlife issues. Recognizing this complexity, I look forward to hearing from our agency witnesses, to gather suggestions on ways to improve the licensing process. Thank you, I yield back the balance of my time. Mr. Upton. The Chair yields back, and I yield now for an opening statement of the ranking member of the full committee, Mr. Pallone from New Jersey, 5 minutes. OPENING STATEMENT OF HON. FRANK PALLONE, JR., A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY Mr. Pallone. Thank you, Mr. Chairman. I am glad that we are holding a hydropower hearing with the Federal resource agencies. This is something we have been requesting ever since the committee began to consider changes to the hydropower licensing provisions of the Federal Power Act. And while we should have heard from these agencies before we moved legislation that fundamentally alters the licensing regime, I do appreciate the chairman convening this hearing today. And I hope we will follow this up with a hearing with States and Tribal governments on this issue since they are equal and critical stakeholders in this process who should not be ignored. Hydropower has provided reliable baseload electricity for a century. It's an important source of renewable energy and we certainly want it to continue providing power safely and reliably. At the same time, we can't ignore the fact that hydropower has major impacts on water quality, water supply and management, fish and wildlife populations, and other important physical and cultural resources, and we also must recognize that a lot of changes can occur over the period of a 30- to 50- year hydro license. Just think of the dramatic changes that are possible in weather patterns, population, economic development, and competition for water resources. These issues must be analyzed and addressed during the licensing process and this is particularly important for facilities that were last licensed before modern environmental laws. This process will understandably be more complex and contentious. We must also guarantee dam safety and structural integrity are reviewed carefully during the process. The damage to the Oroville Dam in California last year that led to the evacuation of more than 180,000 people is a wake-up call. These dams and hydropower facilities are critical infrastructure that require investment and physical maintenance to ensure they are structurally sound and able to handle new conditions created by shifting weather patterns due to climate change. And I realize that companies and public power entities want faster more efficient decision making on their license application. Dealing with multiple Federal agencies, States, Tribal governments, and other water users is complex and time consuming. But the fuel these licenses are using--water--is a resource owned by all of us. It's essential for everyone's daily life and since licenses are granted from 30 to 50 years, the process must take proper account of the needs of others who also require the use of that water. FERC has the difficult task of coordinating all stakeholders in this process, and for the larger older facilities this is an especially difficult task. It is FERC's responsibility to ensure that license applicants provide all the necessary info for the Commission and all other participating agencies so they can make their decisions. An application is not complete until all participating agencies have the information required to make a sound analysis and support their decisions under the applicable laws, and I continue to believe that FERC could do more to support the information requests of other Federal agencies, States, and Tribes in these proceedings. Unfortunately, one of the largest sources of delay continues to be licenses failing to provide complete applications, making it nearly impossible for resource agencies, States and Tribal governments to complete their work on time. And because the law provides for unlimited automatic 1-year license extensions, licensees failing to provide that info can gain the process to their advantage without jeopardizing their license. So we need to put an end to this if we are serious about expediting the licensing process. So, Mr. Chairman, we can have clean water, thriving fisheries, healthy watersheds, good jobs, and affordable hydropower. But it requires cooperation, collaboration, and the inclusion of all stakeholders in the process, returning to the days when power was the only consideration, and issuing a license will not ensure that our water resources are managed to serve everyone's needs. [The prepared statement of Mr. Pallone follows:] Prepared statement of Hon. Frank Pallone, Jr. I am glad that we are finally holding a hydropower hearing with the Federal resource agencies. This is something we have been requesting ever since the committee began to consider changes to the hydropower licensing provisions of the Federal Power Act. While we should have heard from these agencies before we moved legislation that fundamentally alters the licensing regime, I do appreciate the chairman convening this hearing today. I hope we will follow this up with a hearing with States and Tribal governments on this issue, since they are equal and critical stakeholders in this process who should not be ignored. Hydropower has provided reliable, baseload electricity for a century. It is an important source of renewable energy, and we certainly want it to continue providing power safely and reliably. At the same time, we cannot ignore the fact that hydropower has major impacts on water quality, water supply management, fish and wildlife populations, and other important physical and cultural resources. We also must recognize that a lot of changes can occur over the period of a 30- to 50-year hydro license. Just think of the dramatic changes that are possible in weather patterns, population, economic development, and competition for water resources. These issues must be analyzed and addressed during the licensing process. And this is particularly important for facilities that were last licensed before modern environmental laws. This process will understandably be more complex and contentious. We also must guarantee dam safety and structural integrity are reviewed carefully during this process. The damage to the Oroville Dam in California last year that led to the evacuation of more than 180,000 people is a wake-up call. These dams and hydropower facilities are critical infrastructure that require investment and physical maintenance to ensure they are structurally sound and able to handle new conditions created by shifting weather patterns due to climate change. I realize that companies and public power entities want faster, more efficient decision-making on their license applications. Dealing with multiple Federal agencies, States, Tribal governments, and other water users is complex and time- consuming. But, the fuel these licensees are using--water--is a resource owned by all of us. It is essential for everyone's daily life. Since licenses are granted for 30 to 50 years, the process must take proper account of the needs of others who also require the use of that water. The Federal Energy Regulatory Commission has the difficult task of coordinating all stakeholders in this process. And, for the larger, older facilities, this is an especially difficult task. It is FERC's responsibility to ensure that license applicants provide all the necessary information for the Commission and all other participating agencies so they can make their decisions. An application is not complete until all participating agencies have the information required to make a sound analysis and support their decisions under the applicable laws. I continue to believe that FERC could do more to support the information requests of other Federal agencies, States, and Tribes in these proceedings. Unfortunately, one of the largest sources of delay continues to be licensees failing to provide complete applications, making it nearly impossible for resource agencies, States and Tribal governments to complete their work on time. And, because the law provides for unlimited, automatic 1-year license extensions, licensees failing to provide that information can game the process to their advantage without jeopardizing their licenses. We need to put an end to this if we are serious about expediting the licensing process. We can have clean water, thriving fisheries, healthy watersheds, good jobs and affordable hydropower. It requires cooperation, collaboration and the inclusion of all stakeholders in the process. Returning to the days when power was the only consideration in issuing a license will not ensure that our water resources are managed to serve everyone's needs. Mr. Pallone. I'd like to yield the remainder of my time now to Mr. McNerney. Mr. McNerney. Well, I thank the ranking member. I thank the chairman for holding this hearing. Hydropower is an important energy resource but, like all energy resources, it has environmental down sides. A significant benefit, though, of hydropower is that it produces no greenhouse gases. So the question is do you believe that climate change is a problem or not. If you do, let's work together to minimize the down sides of hydropower. As Chairman Upton discussed, hydropower licensing and relicensing can take up to a decade of time and $50 million. Now, that's excessive and will prevent hydropower projects from going forward and that'll also prevent--it'll also help produce more greenhouse gases, which we want to avoid. So I ask my colleagues to work together on a bipartisan basis and make progress on hydropower licensing and relicensing, and let's not have the majority forcing through a program that will get bogged down in partisan fighting. Thank you. Mr. Chairman, I yield back. Mr. Pallone. Thank you, and I yield back, Mr. Chairman. Mr. Upton. The gentleman yields back. Thank you. All Members' opening statements will be made part of the record again to our panel. Thank you for your statements. We are going to give you now each 5 minutes to summarize your statement, at which point we will ask questions of both sides. Mr. Turpin, Deputy Director, Office of Energy Projects from FERC, welcome. STATEMENTS OF TERRY L. TURPIN, DIRECTOR, OFFICE OF ENERGY PROJECTS, FEDERAL ENERGY REGULATORY COMMISSION; CHRIS OLIVER, ASSISTANT ADMINISTRATOR FOR FISHERIES, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE; GREG SHEEHAN, PRINCIPAL DEPUTY DIRECTOR, U.S. FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR; RYAN A. FISHER, PRINCIPAL DEPUTY ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS, ARMY CORPS OF ENGINEERS; JOHN GOODIN, ACTING DIRECTOR, OFFICE OF WETLANDS, OCEANS, AND WATERSHEDS, OFFICE OF WATER, ENVIRONMENTAL PROTECTION AGENCY STATEMENT OF TERRY L. TURPIN Mr. Turpin. Thank you, sir. Good morning, Chairman Upton, Ranking Member Rush, and members of the committee. My name is Terry Turpin and I am Director of the Office of Energy Projects at the Federal Energy Regulatory Commission. The office is responsible for taking a lead role in carrying out the Commission's duties and siting infrastructure. This includes non-Federal hydropower projects, interstate natural gas pipelines and storage, and liquefied natural gas terminals. Thank you for the opportunity to appear before you today to discuss hydropower permitting and the Commission's processes for conducting the environmental reviews under the National Environmental Policy Act. As a member of the Commission's staff, the views I express in this testimony are my own and not necessarily those of the Commission or of any individual Commissioner. The Commission regulates over 1,600 non-Federal hydropower facilities projects at over 2,500 dams, which represents about half of the hydropower-generating capacity in the U.S. Under the Federal Power Act, the Commission acts as the lead agency for conducting the environmental review for both relicensing actions and for original licenses. To support these activities, FERC has established procedures to give stakeholders the opportunity to participate in collaborative public proceedings where all significant issues are identified and studied. The Commission must also ensure compliance with many statutes including the Coastal Zone Management Act, Wild and Scenic Rivers Act, National Historic Preservation Act, Endangered Species Act, and the Clean Water Act. These statutory requirements, along with those of the Federal Power Act, give multiple agencies a significant role in the licensing process. The Commission has, for many years, worked closely with other Federal and State agencies to complete reviews of infrastructure projects in an expeditious, coordinated, and transparent manner. Since fiscal year 2010, the Commission has issued 180 hydropower licenses and small hydropower exemptions authorizing approximately 13 gigawatts of generation capacity. Earlier this year, Chairman McIntyre entered into the one Federal decision memorandum of understanding with several agencies. This MOU, which calls for a goal of completing action on all governmental decisions within 2 years, should encourage agencies to redouble their efforts in actively participating in the review process as well as in communicating their analysis needs to each other and to project sponsors so that the review process becomes more predictable, transparent, and efficient. This concludes my remarks and I'd be happy to answer any questions you have. [The prepared statement of Mr. Turpin follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Upton. Well, I think you set the record for most time yielded back in my tenure not only as full committee chair but certainly as subcommittee chair as well. So Mr. Oliver, Assistant Administrator for Fisheries at NOAA, welcome to you. You don't have to beat the record, by the way. But welcome. STATEMENT OF CHRIS OLIVER Mr. Oliver. Thank you, Chairman Upton and Ranking Member Rush, for the opportunity to testify. NOAA has authorities under the Federal Powers Act and the Endangered Species Act to protect and restore migratory fish and their habitats for new or relicensed FERC hydropower facilities. With more than a thousand hydropower dams licensed by FERC, we are busy keeping up with the demand to upgrade the Nation's hydropower infrastructure to meet today's environmental standards. Many migratory fish such as Pacific and Atlantic salmon, need access to both ocean and fresh water habitats to complete their life cycles. When dams block their upstream and downstream passage, migratory fish cannot reproduce, maintain, or grow their populations. On the West Coast alone, 28 salmonic species are listed under the ESA, many of which interact with hydropower operations and we have relicensed many FERC projects that have allowed for fish passage or other mitigation measures. The preferred approach for streamlining ESA consultation is to front load the ESA process into FERC's licensing steps. Use of the prefiling process improves the quality of hydropower applications filed with the Commission, accelerates the environmental review process, assists participants in assessing the resource impacts with the applicant's proposal, and evaluating reasonable alternatives pursuant to the NEPA requirements. It also allows participants to reach a negotiated settlement on all issues raised by a hydropower license application. As one example, on the Clackamas River project, 33 parties signed a negotiated settlement agreement, resulting in the 2010 license renewal. We have had discussions with other agencies about how to better integrate these ESA consultations into the FERC licensing process. We are specifically working with Fish and Wildlife Service on our ESA implementing regulations to clarify and streamline Section 7 and Section 4 implementation. In general, we process ESA actions through three types of consultations--informal, formal, and programmatic. NOAA fisheries is committed to improving the processing time for informal consultations by 25 percent on average nationwide. In 2017, consultations took an average of 53 days informal--53 days from request to completion of the letter of concurrence. In the previous 4-year period, these took an average of 122 days, which is an overall improvement of more than 50 percent. In addition, we are also focusing on increasing the use of programmatic consultations and increasing tracking and workforce management to improve time lines. We are also exploring improvements to our formal consultation process, which we intend to implement over the coming year. Building on our commitment to streamlining this process, we are also committed to implementing the provisions of EO 13807, the one Federal decision memorandum of understanding. We are currently in the process of developing an implementation plan that details specific actions we are planning to take to ensure the success of that policy. These include a centralized process for monitoring our authorizations and consultations, internal process improvements to reduce time lines, and particularly enhance coordination with lead and other cooperating agencies. We have a strong interest in avoiding unnecessary delays in the FERC licensing process. To cite a recent example of exercising flexibility in that licensing process pursuant to major projects on the Tuolumne River in California, in January of this year we chose not to require fish passage in that license renewal process. Rather, we reserved our mandatory fish passage conditioning authority under the FPA for the La Grange and Don Pedro projects until December of 2025. This reservation authority aligns with the time frames and conditions in the San Joaquin River Restoration Settlement Act and facilitates coordination of potential future fish passage actions for both Central Valley steel head and Central Valley's spring-run Chinook. When FERC issues a new license, they will decide whether to include NOAA's fish passage planning recommendations. We believe this is an example of carefully weighing the significant cost of fish passage against potential benefits while considering alternative mitigation measures through the settlement negotiation process. In addition, we recently conducted fish passage program review where a diverse external panel considered the effectiveness of our fish passage activities over the past 10 years including those under our hydropower program. We look forward to receiving the recommendations provided by that panel on potential ways to improve our program effectiveness and we expect to that get that reported in the next couple of weeks. We remain committed to increasing our efficiency and effectiveness in this permitting process and I thank you for the opportunity again to testify and hope to be able to answer any questions that you have. [The prepared statement of Mr. Oliver follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Upton. Thank you very much. Mr. Sheehan, Principal Deputy Director of U.S. Fish and Wildlife, welcome. STATEMENT OF GREG SHEEHAN Mr. Sheehan. Thank you, Chairman Upton and Ranking Member Rush and members of the subcommittee for an opportunity to testify today. My name is Greg Sheehan, Principal Deputy Director of the U.S. Fish and Wildlife Service. I do, again, want to thank you for an opportunity to testify on the important role of hydropower licensing process. The administration's goal is to streamline regulatory processes to facilitate the development of our infrastructure for energy, transportation, and other uses. We also recognize our responsibilities to ensure the appropriate conservation objectives of our Nation's fish and wildlife resources as part of review processes established under Federal statutes and serving those resources is important to current and future generations of Americans with their recreational, economic, and cultural values. The Fish and Wildlife Services' mission is working with others to conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people. In the licensing of hydroelectric dams, the working together part of our mission includes close and timely coordination with Federal, State, and Tribal partners as well as engagement with project applicants and open communications with the public. We recognize the role and importance of the Federal Energy Regulatory Commission as they regulate and license non-Federal hydroelectric projects. FERC authorizes initial construction issues, licenses for operation, and renews licenses every 30 to 50 years. FERC's licensing decisions are guided by the Federal Power Act. The law directs FERC to, quote, ``give equal consideration to the purposes of energy conservation, the protection and mitigation of damage to and enhancement of fish and wildlife, including related spawning grounds and habitat, the protection of recreational opportunities and the preservation of other aspects of environmental quality,'' end quote. The Federal Power Act also provides the avenue through which the Fish and Wildlife Services makes recommendations, in some cases prescribes conditions, to conserve fish and wildlife species and mitigate the impact of hydroelectric projects through those species. Hydroelectric dams span rivers and restrict natural flows. As a result, dams impede fish passage. This includes preventing migratory fish from reaching spawning grounds. Dams also change water temperature and water levels, which can adversely affect fish. Fish and Wildlife Service's role in the hydropower project licensing process is to recommend or prescribe solutions to restore the impact of those effects while still recognizing the goals of our Nation's clean renewable energy resources. When we are successful, our recommendations can contribute to species and habitat conservation as well as to energy development and energy production objectives. Although the review process provides important benefits, it can be complex and lengthy, and there are situations where licenses are delayed as a result. As the Fish and Wildlife Service works to achieve our conservation mission, we must also recognize the importance of hydropower to the administration's energy objectives. We are working within the Federal family to make sure we are efficient in implementing the law. One example, as you have heard already today, is President Trump's executive order 13807 establishing discipline and accountability in the environmental review and permitting process for infrastructure. This executive order includes a framework to coordinate environmental reviews and authorizations under one lead agency. The goal is to facilitate improved coordination and timely decisions. This April, the Federal agencies involved in the permitting process including the Department of Interior signed an MOU on one Federal decision to implement the executive order and fulfilled the president's goal of completing permitting decisions within 2 years. Within the Department of Interior we also have been given secretarial direction to streamline time lines and document length for other types of reviews under NEPA. We are committed to improving the review process to facilitate environmentally sound hydropower operations through timely, transparent, and predictable reviews. In the review and permitting of complex hydropower projects, delays may occur. But we recognize that there are steps that the Government could take to be more efficient and provide more certainty for the relicensing of hydropower projects. We appreciate that subcommittee's interest in further improving the process. Thank you for the opportunity to discuss the service's work and the hydropower licensing process. I would be happy to address any questions that you may have. [The prepared statement of Mr. Sheehan follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Upton. Thank you. Mr. Fisher, Principal Deputy Assistant Secretary of the Army Corps of Engineers, thank you. Welcome, sir. STATEMENT OF RYAN A. FISHER Mr. Fisher. Thank you, Mr. Chairman, Ranking Member Rush, distinguished members of the subcommittee. Thank you for the opportunity to testify before you today to discuss the U.S. Army Corps of Engineers' hydropower program. Like the chairman said, my name is Ryan Fisher. I am the Principal Deputy Assistant Secretary of the Army for Civil Works. Army Corps is the Nation's largest producer of hydropower. In total, the Corps owns 715 dams and has constructed hydropower projects at 75 of those, generate 353 generating units at a total capacity of over 21,000 megawatts. In addition, non-Federal interests have constructed hydropower projects at 68 other Corps-owned dams. These projects contain 199 generating units and produce a total capacity of 2,500 megawatts. In 2014, the Department of Energy released its non-powered dam resource assessment which listed the top 100 dams who were most likely to have the potential for commercial hydropower. Of those 100 dams, 81 are owned by the Corps of Engineers. In fiscal years 2016 and 2017, the Corps supported the development of non-Federal hydropower at 36 of its dams. In addition to these active projects, there are approximately another 60 planned hydropower projects. In 2016, the Corps and FERC renewed their MOU on non-Federal hydropower project development. In addition to renewing mutual commitment to early involvement and proactive participation, the two agencies laid out a synchronized two-phased environmental review process to be used during non-Federal hydropower development at Corps- owned dams. This MOU reflects the commitment by both agencies to work together to facilitate non-Federal development of hydropower projects at Corps-owned dams when it is appropriate. Section 14 of the Rivers and Harbors Act of 1899--it's often referred to as Section 408--provides the--as amended, provides the basis for the Corps review of requests by non- Federal interests to construct a hydropower project at a Corps- owned dam. Section 408 provides the secretary of the Army the authority upon the recommendation of the chief of engineers to grant permission to other entities for the permanent or temporary alteration or use of any Corps civil works project. In order to address concerns we have heard from the public about the 408 process. The Corps has already implemented a few improvements. For instance, Section 408 decisions are being delegated to the lowest level possible. This has resulted in more than 95 percent of such decisions being made at the Army Corps district level. Additionally, the Corps has clarified when Section 408 permission is or is not required, and it's further clarified when the requirements of Section 408 may be met by another Corps authority or process, which has resulted in the reduction of redundancies. The Corps recognizes the importance of establishing a one Federal decision striction for environmental reviews throughout its program with the goal of it shortening environmental review time lines will still protecting the environment, including the need to eliminate redundance and unnecessary reviews, concurrences, and approvals as well as the importance of firm deadlines to complete review and make timely decisions. As a member of the Federal Permitting Improvement Steering Council, which facilitates the statutory responsibilities identified in the FAST-41 Act, the Army works with fellow council members to improve the timeliness, predictability, and transparency of the Federal environmental review and authorization process for covering infrastructure projects. In addition, the Corps is working to incorporate the objectives as FAST-41 and the Executive Order 13807, one Federal decision, into its directives, its manuals, its policies, and plans. For example, where FERC is the lead agency on a proposed Federal action that will also require a Corps approval or permit, the Corps works closely with FERC as a cooperating agency under NEPA. This enables the Corps to ensure that the information prepared by FERC is able to support a decision by the Corps under its Section 408 authority and any other Clean Water Act permits that might be applicable. U.S. Army Corps of Engineers is responsible for the dams that it owns and operates. We are consistent with the other authorized purposes of this infrastructure and other applicable law. The Corps stands ready to support the needs of non-Federal hydropower development. This concludes my testimony, Mr. Chairman. I thank you for being here and I look forward to answering any questions you might have. Thank you. [The prepared statement of Mr. Fisher follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Upton. Thank you. Mr. Goodin, Assistant Director for the Office of Wetlands at EPA, welcome to you. STATEMENT OF JOHN GOODIN Mr. Goodin. Good morning, Chairman Upton, Ranking Member Rush, and members of the subcommittee, I am John Goodin, Acting Director of the Office of Wetlands, Oceans, and Watersheds at the Office of Water at U.S. Environmental Protection Agency. Thank you for the opportunity to be here before you today to discuss the Clean Water Act's State certification authority as it relates to Federal permits and licenses. Section 401 of the Clean Water Act provides States with an opportunity to evaluate and address aquatic resource impacts of federally issued licenses and permits including Federal Energy Regulatory Commission licenses for non-Federal hydroelectric dams. It is a direct grant of authority from Congress to the States. The statute does not provide EPA with the authority to review, approve, or deny State certification programs or individual State certification decisions. Under the statute, a State determines whether any discharge that may result from a federally licensed or permitted activity will comply with certain specified sections of the act including approved State water quality standards, effluent limitations, and monitoring requirements, as well as any other appropriate requirements of State law. A Federal agency cannot issue a license or a permit for an activity that may result in a discharge to waters until the State where the discharge would originate has granted or waived water quality certification. Congress sought to ensure that State certification did not unduly delay the issuance of Federal licenses or permits by providing that States complete their certification analysis and decision within a reasonable period of time which shall not exceed 1 year. Tribes with treatment as State status also may exercise certification authority. A State or Tribe may grant, deny, condition, or waive their certification of a Federal license or permit based in part on whether a discharge from the proposed project will comply with their water quality standards. Conditions imposed on a licensed or permitted activity assure compliance with any other appropriate provision of State law and must relate to water quality in one manner or another. Such conditions must become a term of the permit or license should it be issued. EPA has two primary roles with respect to water quality certification. First, the agency acts as the certifying agency where the proposed discharge would originate in a jurisdiction without such authority. Most typically, that is on Tribal lands lacking treatment as State status. Second, where EPA has determined that the proposed discharge may affect neighboring jurisdictions, the statute requires EPA to notify those other jurisdictions as well as the licensing or permitting agency and the applicant and provide an opportunity to comment on or object to the license or permit. Administrative regulations which predate the establishment of EPA describe these procedures. The president's infrastructure initiative seeks to increase the efficiency and effectiveness of environmental reviews for new roads, dams, pipelines, and other critical infrastructure. EPA strongly supports the initiative's emphasis on the use of advanced coordination and thinks that such coordination can play an important role in ensuring States and Tribes complete their water quality certification process on a time frame consistent with other planning and review activities. We support the president's recommendations regarding clarification of those provisions in the statute. Moreover, the agency has identified a potential clarifying action in its most recent regulatory agenda and may consider updates to its 2010 handbook to assist States and Tribes in making informed and timely decisions. In conclusion, I would like to thank you, Chairman Upton, Ranking Member Rush, and members of the subcommittee for the opportunity to testify before you today. EPA looks forward to continuing our work with the subcommittee to foster protection of America's waterways and the public's health and wellbeing. I will happy to answer questions that you may have. [The prepared statement of Mr. Goodin follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Upton. Well, thank you all. Thank you all for being here and, again, presenting your testimony in advance. As we know, hydropower is a pretty big bipartisan--has a lot of bipartisan support and not only in the House but certainly in the Senate. And, you know, we've seen in this committee we've passed a number of hydro bills with strong bipartisan support, often by voice vote not only in committee but on the House floor as well waiting for the Senate where they are a little bit stuck but hopefully moving soon. One of the--one of the principles that we've moved through the committee here is that the lead agency, since we have all five you here, really ought to be FERC to manage where things are and I would just welcome a comment from you as to whether you agree that FERC ought to be the lead agency. And Mr. Turpin, we don't need to hear from you. Even though you don't speak for the agency, as you said, we'll presume that you are on that point but maybe just if you'd like to concur that FERC ought to be the lead agency on this one that we are working together. If you could give a response, yes or no, that would be great or expand on it if you'd like. Mr. Oliver. Mr. Oliver. The short answer, Mr. Chairman, is yes, our responsibilities within fisheries are really similar to U.S. Fish and Wildlife Service with regard to the ESA consultation aspect of it and we are rarely, if ever, and I don't this will change under the one Federal decision--the lead agency--we are cooperating and are a consulting agency. Mr. Upton. Mr. Sheehan. Mr. Sheehan. I would concur very much with what Mr. Oliver just shared. You know, certainly, we respect and look for that guidance out of FERC as we move through these processes now and I think that will continue. Certainly, we've got other laws--Endangered Species Act and all that both NMFS and ourselves have to address. But, you know, I think there's always more we can do together better and we look forward for feedback that comes from Congress itself to help us instruct that. Mr. Upton. Mr. Fisher. Mr. Fisher. Mr. Chairman, I would concur as well. We have an MOU in place with FERC--just renewed it a couple years ago, in 2016. We are a cooperating agency. FERC is the lead agency and it has worked well for us as long. As the Corps continues to focus on some internal 408--Section 408 permissions we'll be just fine with FERC as the lead agency. Mr. Upton. Mr. Goodin. Mr. Goodin. Thank you for the question, and EPA supports-- -- Mr. Upton. Softball--it's a softball question. Mr. Goodin [continuing]. Coordinated activity and would concur that FERC is the appropriate lead. Mr. Upton. Now, I will say that FERC provided us with a list of 21 different pending projects. Some of them are fairly lengthy in terms of how long they've been in the queue. I think there's one that's been there almost, what, 18 years--I am sorry, 14 years. I don't know--Mr. Sheehan, you indicated that since 2010 you all have seen 180 projects, you said in your testimony, move through the process. What's happening to some of these that have been longer than 2, 3, 4 years that are on that list of 21? Are there some additional steps that you're taking to focus on those? Are they particularly troublesome? What's your reaction on where we are as it relates to those? Mr. Turpin. Mr. Turpin. So those in the table we provided I think predominantly they're relicensing actions and so I think what we see there a lot of times are facilities that were built long before a lot of the environmental laws and so there's a lot of very complicated contentious issues that are involved in those. I think if you look at the list, a large part of them are in a very few number of States that their water quality cert process has a large implication for the timing of it and then some of them have areas--are in areas where there have been additional species listed since the completed its review and so we have to kind of go back and coordinate through that. So we do do outreach to all the entities involved on those to try to get updates and to try to help move the process along. But it always comes down to the priorities of those agencies and their resources. Mr. Upton. So I think each of you talked about the MOU that was--that was signed. Is there some effort to try and focus on those that have taken already longer than 2 or 3 years in the next couple of months? Mr. Turpin. So on FERC's staff's part, we are setting up the implementation plan for the one Federal decision with a rollout later this summer and, I mean, all that's going to be sort of across-the-board outreach to all the agencies involved to try to get things moving not just on those specific projects but on everything. Mr. Upton. My time is expired. I yield to the ranking member of the subcommittee, Mr. Rush. Mr. Rush. Once again, Mr. Chairman, I want to thank you. I want to direct my question to Director Turpin, and I mentioned in my opening statement I previously ordered an amendment on H.R. 3043 that would direct FERC and Federal resource agencies to convene a negotiated rulemaking within 90 days of enactment with State and local representatives, Native Tribes, and other stakeholders. The purpose of this collaborative approach would have been to develop a process to coordinate all necessary Federal authorization and enable the Commission the make a final decision on a license within 3 years of receiving a completed license application. Director Turpin, in your opinion, how would this type of approach when stakeholders are brought into the process early on and their input is considered, how would it impact the application process? And once Director Turpin completes, I would like to ask all the other panellists if they had an opinion about the impact of this type of approach on the application process. Mr. Turpin. Thank you, sir. That essentially is an approach we take on a project by project basis. You know, there's a significant amount of outreach whether it's under the integrated license process or by the applicant on the traditional licensing process. That sort of outreach and negotiations are done on a case by case basis. We last did a more sort of programmatic approach like that I think in about the mid-2000s when we looked at the ILP process. And so we've gotten all the stakeholders in to sort of help design. That was a little bit more focused on relicensing as opposed to original licenses and I think since then we've seen a lot more originals come in. But by and large, the original licenses are done-- typically, the median time for those is well under 2 years--3 years to start with. I think it's somewhere around 29 months on median. So collaboration with all of the parties is necessary. It's valuable in every aspect of the process and because of all the differing authorities and responsibilities it can't work without everybody coming to the table. Mr. Rush. Anybody else want to respond? I want to ask the second question here. Deputy Director Sheehan, how is the work of the Fish and Wildlife Service affected in instances where licensees provide incomplete information in their application? Are there State deadlines in place for applicants to submit all of the necessary information and what are the enforcement mechanisms where an applicant does not meet these deadlines? And again, I want to ask if any of the other members have any opinions on how incomplete applications impact overall time lines for final decisions. Mr. Sheehan. Thank you, Ranking Member. I think your first question or your question revolved around time lines--what are the requirements. We don't, at the Fish and Wildlife Service, impose times lines. We really are working under a framework of time lines that FERC, who's a lead on this effort, gives us and as a cooperating agency if we feel there is insufficient information on a permit application, we would return back to the applicant and try to get that as rapidly as possible. So I think that's how we try to move through this and that needs to be done timely on both our part and the applicant's part if we are going to keep the overall time lines in check, as was mentioned by Mr. Turpin. Mr. Rush. Anyone else want to respond? Mr. Oliver. Mr. Oliver. Yes, sir. Yes, sir. I would say as I--when some of these projects take what seems like an inordinately long time to get the process, it can be a number of reasons or the combination of several factors. But in many cases one of the most important, and this was mentioned earlier, is to get a complete package which to evaluate and which to consult on, and we have to have an application--license application package that has sufficient definition of the proposed action and in some cases the proposed action itself is not crystal clear and it has to have sufficient information upon which for us to do an evaluation and in many cases we get an application and we say we are sorry--it's not complete or it's not specific enough, and there's a back and forth process, and there's not a specific time line and perhaps that's part of the problem is that it can drag out because we go back and forth and eventually--and during that period new information can come into play. The proposed project action can change. New species can get listed during that time. A number of other factors can exacerbate that time. But it is important to get that initial complete application that very clearly describes the project and very clearly provides us the information on which to base it. And so getting that back and forth that occurs to get to that point can often take years. Mr. Rush. I want to thank you, Mr. Chairman. I yield back. Mr. Griffith [presiding]. I thank the gentleman. I now recognize the ranking member of the full committee, the gentleman from Oregon, Mr. Walden. Mr. Walden. The chairman of the full committee. Mr. Griffith. Chairman of the full committee. Didn't I say that? Mr. Walden. The ranking member. Mr. Griffith. Oh, sorry. Sorry about that. Mr. Walden. Yes. Good morning. Thank you for being here today to talk about hydro. I've got a couple of Oregon-specific issues, and I think we flagged them for you on these as we raise them. Obviously, we are doing a lot on hydro. But NOAA and NMFS have a lot of other authorities in my district and across the West. On Friday, Mr. Oliver, your agency finalized a year overdue grazing biological opinion for the Malheur National Forest allotments on the Malheur National Forest and I've repeatedly heard concerns about the process and concerns about the science used. As an example, I understand from your regional staff that there's no science behind using the three trampled reds as a threshold for take forest wide. Just that it is an easy way for the agencies to monitor, but there's no science behind this. As you know, ranchers and others had barely a week to review and comment on the 300-plus page document but they did their best. Can you explain how their concerns are being addressed in the final biological opinion? Mr. Oliver. I will try to address that, sir. First of all, we wanted to be sure that we got the biological opinion finalized by June the 1st in time for the traditional turnout for grazing. My understanding and--my understanding is that there are a couple of different ways. While there may be some question about the three trampled reds threshold for reinitiation, that was different or altered from the original one red per year that was at one point proposed. So that was one way in which we hoped to address some of the concerns or alleviate some of the concerns. There was a lot of contention over the stubble height issue, and I am not an expert on stubble height but we did---- Mr. Walden. You may have to become one. Mr. Oliver. I am quickly becoming an expert on many of these issues, sir. Mr. Walden. Yes. Mr. Oliver. And but the stubble height issue was presented to us by the U.S. Forest Service--excuse me--support for a standard less than six inches is--there's no support for a standard less than six inches where you have habitat that is presently degraded and where you have a ESA-listed fish present. Now, that may be different in areas where--such as the Blue Mountain Forest plan where it may allow a lesser number in certain conditions but that's only where stream conditions are good. And so that was one of the issues that I know was raised. But what we did change is that the stubble height requirement would be considered in the context only of individual--only in individual pastures and therefore reinitiation would only occur for violations in successive years on the same pasture and such that we would only reinitiate consultation on the subject pasture as opposed to the whole forest. So those were a few ways---- Mr. Walden. Welcome to my world. Mr. Oliver [continuing]. In which we addressed those concerns and we certainly--the other issue was to delay turnout until July 1st in response to two incidences of noncompliance. But we didn't want to delay that until July 1st, which is one of the reasons we got that finalized this Friday on June 1st. Mr. Walden. Thank you for that. What I would like is the science behind this determination about the reds. Meanwhile, we have, you know, predators in the river devouring all kinds of fish. You have got one cow steps in one red and all of a sudden you may--it may be OK, but two may be a reconsultation. Three may be a disaster. I mean, there's a lot of frustration out there, as you know. The issue of stubble height--and I've been through a number of briefings out in my district and parts of the planning process there were requirements initially for stubble heights that, frankly, probably couldn't be achieved if nobody was within 100 miles because the grass just never grows that high. And I just--you know, when you--these communities are pretty upset and when it comes to taking all the hits, applying it all to grazing, when it comes to trying to do a balanced effort to restore salmon and steel head fishery and they really want a little more face to face time with NMFS and we don't feel like we get it in eastern Oregon. And so I appreciate the conversations and participation around the Blue Mountain Forest plan, but we've got a few other things at some point--and I know you're talking about hydro today but we'll need to get together and discuss because this is a life and death matter for the ranchers out there and a lot goes on out in the ocean. We are told it's just a black box--can't do anything about it--and then we watch the fish get devoured by the sea lions coming up the river and then the only thing you can do is shut down cattle operations and blame it all on them and we are not going to put up with that. And so we'll talk more, but my time has expired. With that, I yield back. Mr. Griffith. I thank the chairman of the full committee, and I respectfully request great forgiveness for prior---- Mr. Walden. Did you want to revise and extend your opening remarks? Mr. Griffith. I do. Yes, sir. Absolutely. Thank you very much. I now recognize the gentleman from California, Mr. McNerney, for 5 minutes. Mr. McNerney. I thank the Chair and I thank the witnesses this morning. Mr. Turpin, several groups filed motions with the Commission during the relicensing in 2005 for the Oroville facility, arguing that FERC should require a licensee to install concrete-lined emergency spillway because the existing structure was not adequate. The Commission did not require this, but it was certainly a concern that needed much more serious consideration. The facility was not able to handle the high flow rates encountered during the flood and we came very close to catastrophic damage. What adjustments have been made given this experience to ensure that dam safety issues raised during the relicensing are thoroughly investigated? Mr. Turpin. So after Oroville we had gone out to both request, of course, that DWR put up a forensics team and we also stood up a team internally of independent consultants to look at our own process to kind of go through the inspection process, our review process to see is there something that we could have done on our side that could have headed that off or is something that we are routinely missing. That panel is still investigating and I expect results back sometime this summer or later this year and with that we'll then go through our program and sort out what changes we need to make. Mr. McNerney. OK. Please contact my office with those results and let's go over those together. Mr. Turpin. Absolutely. Mr. McNerney. Mr. Turpin, again, on another subject, any reason why legislation would not require applicants to provide all necessary information for FERC to make timely decisions? Mr. Turpin. I think the question of what's the necessary information is a bit hard to pin down in regulations. Most of the time we do have regulations that lay out what the minimal filing requirements are and what the sort of first shot it. But oftentimes the project issues are so specific or are so varied that there is a lot of back and forth data requests that need to happen as issues are raised through the NEPA process so that folks can get the right data. I don't think it would be possible to lay out this sort of a checklist of everything that anyone could ever think that might apply. I think to do that you end up--that one-size-fits-all ends up with sort of an over complexity for a lot of projects that isn't needed, and we tend to handle it with a minimum level to get in the door and then additional data requests. When we have applicants that provide information quickly or that are responsive, the process works very well. When we have applicants that don't provide it or we have agencies that don't let folks know what information it needs to have, that tends to gum it up a bit. Mr. McNerney. OK. So you can work on a case by case basis to make sure the applicants are providing the information that you need as a licensing agency. There's a measure in H.R. 3043 that grants FERC the authority to set deadlines for decisions by Federal agencies. Do you see that as necessary? Mr. Turpin. I think in every--in every circumstance I've seen language like that. I mean, there's a couple issues. So, first, the Commission has routinely done that. I mean, under the FPA and the NGA the Commission already attempts to set schedules for agencies to kind of keep the process moving. But none of that overrides these agencies' independent authority for the processes under their own statutes. Most every language I've seen that's been enacted or been proposed along those lines includes language that points to the fact that these other statutes have their own independent time lines and that this can't override that. So you have sort of always got that out or that conflict that's built in. Mr. McNerney. Thank you. Has implementation of FAST-41 been good? Has the outline dashboard been helpful in agencies' project applicants? Mr. Turpin. I think it has been good. There hasn't been a lot of projects that have nominated themselves for coverage. The ones--the majority of the ones that are on there were ones that were open at the time that the law was passed. The effect of that as well as the administration's interest in infrastructure I think has really been to get agencies to pay attention to the sort of maybe smaller activities that feed into the large licensing process. And so we have seen a lot more diligence and a lot more turnover in the information that comes in and then processes moving forward. Mr. McNerney. Given that hydropower licenses are awarded for long periods of time, significant changes can happen due to climate or other causes. How does FERC account for these changes during consideration of a license renewal--of long-term projection of change? Mr. Turpin. So there's a couple of ways. First, we are basing our look at impacts on the historical record. So, you know, as climate change, being a geologic sort of scale event, anything that's been going on is already going to be reflected in the projections that go forward. Secondly, there are reopeners in cases as well as the general approach is one of adaptive management. When you're issuing a license that's 30 to 50 years long you have to have processes in there that will allow for adjustments throughout that life or else it's just not possible that to do anything that makes a lot of sense. Mr. McNerney. OK. Thank you, Mr. Chairman. I yield back. Mr. Griffith. I thank the gentleman. I now recognize the gentleman from Ohio, Mr. Latta, for 5 minutes. Mr. Latta. Thank you, Mr. Chairman, and thanks very much to our panel of witnesses here today. Appreciate the testimony you're giving today. Mr. Ryan, if I--Mr. Fisher, if I could start with a question to you. A common complaint that I hear from private industry is that environmental regulations are often redundant and needless costly. States requiring environmental reviews before issuing Section 401 water quality certification for hydropower developments. FERC requires a comprehensive environmental review of proposed hydropower developments before it will issue a license for them. If one of these--those projects is to be built on a Corps- owned project, the developers often must repeat the environmental review, adding time and cost to the development with no gain to the environment or the public interest. In reading your testimony you referenced the need to eliminate redundant unnecessary reviews, concurrences, and approvals. And so the question is what is and how is the Corps going to accomplish this goal for FERC license hydropower projects. Mr. Fisher. Yes. Thank you, sir. It would be--so you're, obviously, aware of how this works. If an applicant approaches the Army Corps, has a FERC license to be on a Corps project, our role in this is how it's going to modify that project and we have to give permission for an applicant to modify the structure itself or the operation of it to allow for hydropower while not impacting the other missions with flood control or commercial navigation. The Corps is doing some things. They've delegated some of those decisions down to the district level so there's not multiple levels of review so we can hopefully make those decisions quicker. We are trying to eliminate duplication within a division of the Corps--it's the planning branch or the real estate division to make sure that both of those parts of the Corps district are not taking separate chops at an application so that we are streamlining that process as well. And we also want to do more public facing communication, I think, with the applicant themselves. The Corps, obviously, tracks these 408 requests and want to make sure that the applicants are aware of where their application is in the process at any given time. So, hopefully, those will reduce redundancies and move things quicker from the Corps perspective. Mr. Latta. Let me just follow up real quick just on those four points that you brought up there. When did you start that process of, you know, delegating down to the district level and also eliminating the duplication within the branches and the public safety and also the apprising, you know, the applicants out there. How long have you started doing that? Mr. Fisher. It's relatively new. I think when the new administration came in, Corps leadership recognized the focus on infrastructure and even before the one Federal decision MOU was signed by the relevant agencies, some of the civil works leadership at the Army Corps started pushing--delegating decisions down to the district level in trying to streamline those processes so that applicants might have a smoother process. Mr. Latta. Let me ask you another question, if I may. You also state in your testimony that the Corps stands ready to support the needs of non-Federal hydropower developments. You point to the Corps implementing improvements to the Section 408 review process for private entities to develop hydropower and other alterations to Corps projects. Would you go into more detail about these improvements in the status of your implementation? Mr. Fisher. Sure. I think some of the ones I just outlined that's exactly what I was talking about--the delegating to districts and eliminating the redundant reviews of the planning branch and the real estate branch. So that's kind of what I was referring to. The second part of that question there, the Corps will continue to do that. I think the one Federal decision memo forces some of that. We are currently doing implementation plans as are the other agencies. Those are--those are due on the one Federal decision MOU in July. So we will, hopefully, see more initiatives and we'll continue to identify--as we talk to applicants that identify issues we will certainly consider those and the Corps will look to continue to streamline and eliminate any redundancies. Mr. Latta. Just out of curiosity, when you're delegating back to the district level on a lot of different projects I know of maybe on the hydro side but I've been involved with Corps. By getting it down to the district level how much time do you think you're going to save on projects? Mr. Fisher. So, sir, I actually--before this appointment I worked at a district level of the Corps office and you're talking about district, division, headquarters office, then a potential shop, even at the assistant secretary of the Army's office where I am now. So you're looking to take out two to three levels. So it could be weeks and months that we would be shortening the time. It's project specific, obviously, but it would certainly be shortened. Mr. Latta. Well, thank you very much, and Mr. Chairman, my time has expired. Mr. Griffith. I thank the gentleman. I appreciate him yielding back and now recognize the gentleman from Pennsylvania, Mr. Doyle, for 5 minutes. Mr. Doyle. Thank you, Mr. Chairman, and thank you to our witnesses today. Pittsburgh is home to three rivers--the Allegheny, the Monongahela, and the Ohio, and utilizing these water resources is incredibly important, and hydropower plays a critical role in our renewable energy portfolio. In Pennsylvania, there are many existing dams though that do not have hydropower and this existing infrastructure presents a significant opportunity to develop and increase our hydropower capacity. Mr. Fisher, how is the U.S. Army Corps of Engineers working to prioritize the establishment of hydropower on existing dams and what are some of the challenges in this process that the Corps has identified and is addressing? Mr. Fisher. Sir, I don't have the numbers in front of me. I actually spent time in the--actually I was just in Pittsburgh for the past couple of days, to be honest with you and I know that there's a lot--I think 11 reservoirs that--Corps-owned reservoirs that feed down in Allegheny County as well as the 20 some locks and dams that feed the system as well. All are--some of those do have hydropower and others have pending licenses or are in the process of looking at that. The Corps simply wants to continue working with those applicants on the permit process, work with FERC. FERC is the lead agency. We want to--if somebody proposes to modify a Corps project, our main objective there is to make sure that those modifications are not impacting the flood control--flood risk management operations that affect downtown Pittsburgh there at the Point while at the same time--it's about balance, right. It's about balancing that need for the hydropower with the other environmental concerns and improving the economic environment as well. Mr. Doyle. Does the Corps intend to construct anymore hydropower projects on your existing dams? Mr. Fisher. We are certainly--the Corps of Engineers is a self--there are projects federally, yes, but I think you're mostly referring to non-Federal. So we intend to, yes, as applicants approach us with what is private investment and these sort of non-Federal investment in hydropower at a Corps facility, yes, we would certainly want to pursue that with them. Mr. Doyle. So when a non-powered dam is developed for hydropower, how does the Corps of Engineers work with FERC on the licensing and are there opportunities for your agencies to coordinate earlier in that process to increase coordination? Mr. Fisher. The MOU we've signed with them and just recently renewed it in 2016, yes, it's about early coordination, most definitely, and the two-phase approach there with the FERC license as well as the Corps 408 review. And, certainly, a direct question was asked earlier about insufficient information on applicant--applications so I would certainly also encourage that the applicants--to reach out early to your Corps district and make sure you're providing the proper information to us as well. Mr. Doyle. Let me ask, Mr. Fisher, you and Mr. Turpin. Given the potential in adding hydropower to existing dams, do you see any potential to expanding utilization of pump storage capacity as well? For example, in my region, we have substantial existing locks and dams infrastructure. What potential do you see for expanded pump storage capacity? Mr. Fisher. Sir, that might be one I have to get back with Corps staff and review and come back to you on. As you mentioned, in your area there's--the Allegheny River has eight locks and dams going up it and the Mon does as well as well as all the ones on the Ohio River. So there's certainly Corps--a lot of Corps infrastructure there. The capacity might be available. I am going to have to come back to you after I speak with Corps headquarters staff to get you a more firm answer. Mr. Doyle. Mr. Turpin, do you have anything to add to that? Mr. Turpin. Yes. There's a tremendous amount of interest, I think, on the private sector with pump storage. I know we have a number of applications or processes underway. I don't know an exact number and I have to get back to you. But it does--you know, given the benefits of storing the energy it does--it does always present good opportunities for the Nation. Mr. Doyle. Mr. Fisher, you mentioned in your testimony that the Corps recently made several changes to the Section 408- related non-Federal use of Corps civil works process. What's the time line for finalizing that draft policy? Mr. Fisher. So as it relates to one Federal decision, I think all of our agencies are looking at July--or July 9th, I believe, is the deadline for that. But overall, separate from one Federal decision, the Corps continues to look. Anytime an applicant approaches us with an idea, there's not necessarily a time line to get it done but we want to consider that and see--always continually look at how we are doing this 408 process and make continual improvement in it at any time. Mr. Doyle. Thanks. Mr. Chairman, thank you. I will yield back. Mr. Griffith. I thank the gentleman for yielding back. I now recognize the gentleman from Virginia, myself, for 5 minutes. I am going to pick up some of or similar to what Mr. Doyle was just asking related to pump storage. I had a bill last year on closed loops pump storage and the question that he asked was what is the potential. Of course, what we are looking at is maybe using some of our old coal mines and having the closed loop pump storage in there or some other closed loop pump storage possibilities. But the bill was put in to kind of streamline the regulatory process. So I am guessing I need to know both on Mr. Doyle's potential projects where there's already a lot of infrastructure or on others. What is FERC doing, or any other agency that wants to answer, to try to streamline the regulatory process to make it easier if you already have the infrastructure there as we do in the mines. There's already electricity and roads and all kinds of things. In Mr. Doyle's case, he's already got the dams built. What are we doing to try to streamline that regulatory process so we can make this a reality? because there is a lot of potential. Mr. Turpin. I would say that we approach that--well, fundamentally we are always looking for ways within the existing authority of the Commission to make things move along better. But also on a case by case basis, as we have projects, especially for projects that don't involve a lot of issues or a lot of infrastructure additions, they, by their very nature, end up sort of being streamlined in the process. So we did the 2-year pilot program a couple years ago, a report to Congress on that, and there I think that demonstrated that, under the existing processes, it is not a stretch at all to get things done under 2 years and even faster when you have got something that doesn't involve a lot of issues, that doesn't involve a lot of new infrastructure. Mr. Griffith. Well, and I would say, and I think I speak for Mr. Doyle as well, that if there's something that you think that we need to do in Congress, some additional authority or some tweaking of some regulation, we are not going to do anything crazy. But don't hesitate to let us know if there's something we can do to be of assistance on that as well. I appreciate that. Does anybody else want to comment on that topic? All right. Sticking with you, Mr. Turpin, I also have a little bill in called the SHORE Act. I picked it up from Robert Hurt. It's an issue in our area where FERC has come in and said to the power dams, electric power companies, you have to do this, that, and the other along property lines, and we have all kinds of issues that we've brought up with you all. I am just wondering what can we do to assure that people who own the land adjacent to lakes can use that property as they see fit and, of course, it's a big--one of the reasons people like to have those projects is oftentimes it's a big economic development tool for a region when you suddenly have the recreational facility available. So what can we--what can we do to help there? Mr. Turpin. I think a lot of those sort of hot issues around that topic come from the fact that it's predominantly a land rights issue between the land owner--the adjacent land owner and the power company that has either the flowage easement or the deed to the--where the high water mark is. The Commission is not involved in adjudicating those property rights. So when a license is first issued, the Commission looks at, within the property boundary, to balance all of the recreation and development uses around there. But it's really up to the applicant who owns that land to then monitor and to be certain that those things occur within their property. Mr. Griffith. But here's what we've been discovering is is that FERC is saying you have to do this, that, or the other, and folks are--to the power company. So the rules have changed within the last 10 years and at least the power companies are coming in and saying, no, wait a minute, you have to keep this clear--you have to do this, that, or the other. And what is interesting is de facto you are actually, maybe not intentionally, making some property rights decisions because--I happen to know of one lake in the region where when the power company acquired--decades ago acquired the land titles they did three--must have had three different people working on it. So there's three different sets. Some places they got the fees simple--some places they just got an easement to flow onto the water and that changes what can be done. So if they own it outright, got you--they've got the whole thing. But if there's only an easement, I would submit that in that situation a person can build out onto their own property. It just happens to be in the water, which works perfectly fine if you want a boat dock. But they're being told in some places, wait a minute, we don't want a boat dock there and it's creating some conflicts. So I would just make you aware of that. I see my time is up and I yield back, and now recognize Mr. Tonko of New York for 5 minutes. Mr. Tonko. Thank you, Mr. Chair, and thank you to our witnesses for testifying on an important topic here today. I believe we all want to avoid unnecessary delays in the hydro relicensing process and, without a doubt, complaints about long licensing processes have persisted for some time-- for years. It is my understanding that over a decade ago, FERC created the integrated licensing process, or the ILP, to address many of the same issues that we are discussing here. So Director Turpin, can you explain the purpose and benefits of the ILP, please? Mr. Turpin. Sure. It was developed, I think, in looking out for a large upcoming relicensing workload that we were anticipating in the--in that sort of mid-2000 era. The primary benefits of it is it gets a lot of people to the table early. In fact, all of our processes do that. We try to get folks to the table early. The ILP tends to have a much more structured approach to-- and a much more driven approach for schedules to try to get all of the stakeholders to commit to meeting a lot of, you know, information points or consensus points in that process on a very tight time line or a very strict time line so that everybody has some expectation of what's going to be the full schedule. It also includes a dispute resolution process to be used when there are disputes over study information needs and study plans. Mr. Tonko. And of those structured points, which--are there any that are the most meritorious here? Mr. Turpin. In all honestly, I am not as familiar with each step of that process. So I would have to--I would have to get back to you on that. Mr. Tonko. OK. Thank you. And generally, how often is it used today? Mr. Turpin. By regulation, it was--it is the default process. But only about a quarter of the projects use it. About 68 percent of projects come in and request to use the traditional licensing process. I mean, it really is up to the applicant or the licensee to try to take their shot at saying which of the three license processes best meets their circumstance and to work with the stakeholders to sort that out. My suspicion is that a large part of the reason the number is so high right now is we've just hit a patch of a lot of projects that don't have--the stakeholders don't see it as the ILP schedule being advantageous. Mr. Tonko. All right. And do any of our other witnesses want to weigh in? Have you had any experience from your agency perspective with the ILP and generally what's that about? Mr. Oliver. Mr. Oliver. If I could comment, sir. We strongly support the process and our experience when it's being used is that, as I understand, it's a two-phase process and that prelicensing part of the process where we are able to interact with the other agencies that are involved with State entities, municipalities, Tribal interests, environmental group interests, other stakeholder/landowner interests, when you're able to effectively engage in that part of the process and very clearly resolve a lot of issues and define the environmental impacts and alternatives, that makes the second part of the process where we actually have to do the NEPA analysis and the Endangered Species Act consultation much more timely and smooth process. Mr. Tonko. Well, that's good to hear, because it seems to me that the ILP can speed up the process because it does front load information gathering and consultations, and enables the State and Tribal governments and Federal resource agencies and other interested stakeholders to start coordinating much earlier in the process this includes putting licensees on notice about the information and studies required in order for agencies to review the application. And I heard a lot of discussion and I just want to state that it seems to me that everyone agrees that in order for the licensing process to go smoothly it is important to determine all the necessary information and include interested stakeholders earlier on in the process and I think that's an assessment that we all share. I believe the ILP was created to address many of the same issues we are discussing now and debated last year in Hydro Power Policy Modernization Act. I am sure that there are things that can be done to improve the ILP process but we should be looking at ways to further encourage its use rather than strictly seeking to weaken environmental laws or severely limiting Federal, State, or Tribal partners from completely--totally from their reviews. Moving to another potential cause for delays to your agencies or your counterparts in State government, to what extent has insufficient staffing or resources caused delays in applications or permitting reviews? Mr. Turpin. At the Commission, there's not--I don't think we've had a staffing problem on the hydro side. We've got a very large upcoming relicensing workload and that should start kicking up in 2019. So we are looking at that. But we have the options of using third-party contractors or direct contracts to augment staff. So I don't think that's been a huge impact for us. Mr. Tonko. Anyone else want to comment about the impact of resources or staffing? Mr. Sheehan. Yes. Thank you, Congressman. The Fish and Wildlife Service--first of all, we need to make sure we prioritize these right and in the right time lines. But the president has recognized this need and the president's fiscal year 2019 proposed budget he's proposed an increase for energy consultation for the very type of work that you're describing, and if that makes its way through Congress I think it will only broaden our ability to react timely and make sure that we have this staffed in the way that we need. Mr. Tonko. Well, I see I am way over my time. So, Mr. Chair, I apologize and I yield back. Mr. Griffith. I thank the gentleman and now recognize the gentleman of Ohio, Mr. Johnson, for 5 minutes. Mr. Johnson. Thank you, Mr. Chairman. Mr. Fisher, coming back to you, our committee has listened to testimony from companies that express concern over the predictability of the permitting process when adding hydropower to a Federal dam. For instance, we've heard that the Corps might prescribe a different water quality standard than FERC late in the permitting process, which can significantly affect the financial viability of a hydro project. Is there any way the Corps can help provide a bit more certainty when making this determination? Mr. Fisher. Sir, I think water quality mission isn't necessarily the most important thing to the Corps regarding these applications. We are mostly looking at the--how it's modifying the dams. So if there's a lock and dam on the Ohio River and you have an applicant that wants to put a hydropower at the foot of that dam, we certainly have a water quality staff that looks at these things. But we are mostly concerned with how they're modifying the project. So that's where most of our concerns would lie. Mr. Johnson. Well, the question--I mean, the problem lies in that a different water quality standard than FERC. I mean, I don't understand why two Federal agencies have a--would have a different water quality standard for adding a hydro project to an existing dam. Mr. Fisher. Certainly. It could be how the water quality impacts--you're probably well aware of some of those locks and dams on the Ohio River and how old they are and the aging infrastructure problems the Corps faces. So we would be looking at water quality from the standpoint of how it affects those projects. Mr. Johnson. Doesn't FERC have that information too, I mean, how old these are? Mr. Fisher. Sure. It's certainly in our MOU---- Mr. Johnson. Well, can the Corps be more up front with its standard when FERC is working through its side of the permitting process? Mr. Fisher. Sure. Mr. Johnson. Can you guys communicate so that it doesn't drag this thing out? Mr. Fisher. Certainly. We want to, no doubt, work with FERC under our MOU to make sure that we are providing them with all of our information and vice versa and then make sure that the applicant is aware of that information as well. Mr. Johnson. OK. All right. Well, thank you. Mr. Sheehan, as you know, it's often more difficult to relicense existing projects on dams that predate our modern environmental laws and regulations. So how do you approach this issue and what can be done to ensure that your agency's license conditions are achievable and cost effective, given the age of some of our dam infrastructure? Mr. Sheehan. Thank you. I think there's a variety of things. You mentioned aged structures that predate many environmental laws or even processes--things that may not even necessarily be a law, how we address its passage and those sorts of things. As these come to us now, we do make those evaluations. We do look at the economics that are involved and how those may impact the project applicant and we try to be wise and create balance. We've approved or worked through about 400 projects since 2000. In specific terms for fish passage, about 100 of those required either new or some modification of a fish passage structure, you know, to get them compliant or more up to date. I do think we need to be wise and I think we need to make sure at a top level that we don't let our staff get ahead of the processes as far as requiring what--more than what needs to be required to fulfil those project needs, and I hope we're going to have that. Mr. Johnson. OK. Well, continuing on, you mentioned in your testimony that environmental reviews are conducted at the field level where most of the coordination between other agencies and stakeholders takes place. What happens when there's a disagreement about a study or a proposed licensing condition? Mr. Sheehan. Well, first of all, we try to elevate those as best we can and I--you know, often the applicants will elevate those for us. There was some discussion earlier today about some of these California projects that are many years past their licensing date. Yesterday, I had a good phone call with our California field office--the individuals working on that to try to get to the bottom of is this something that's being caused by Fish and Wildlife Service or other partners through this process. I think we--you know, again, it's a cultural process. It's a prioritization process and we've got to make sure we do it right. Mr. Johnson. Is it--do you think it would be helpful to more formally outline a dispute resolution process so that the head of the agency can get involved quicker? Would that--would that expedite and make it more efficient? Mr. Sheehan. Certainly, anything we can do to make upper level management aware of these situations and try to help to resolve those is always going to be part of the process. Mr. Johnson. I would encourage--I would encourage the agency to look at how to do that. Mr. Sheehan. Thank you for that suggestion. Mr. Johnson. I yield back, Mr. Chairman. Mr. Griffith. I thank the gentleman for yielding back. I now recognize the gentleman from Iowa, Mr. Loebsack, for 5 minutes. Mr. Loebsack. Thank you, Mr. Chair, and I do want to thank the panel for being here today. Iowa is an interesting State in many ways, but I think we are kind of unique in some ways for our energy and electricity production. Some of you may know that in Iowa close to 40 percent of our State's electricity is coming from wind and then we've got hydropower and we've got coal. We've got natural gas. Got a lot of different components to our--to our energy portfolio, and we are seeing solar grow more and more as well. So I am very proud, obviously, of my State and my district in particular. But we are talking about hydropower today and this has been a great hearing. Learning a lot about this and how we can streamline regulations. But in my district I do have the Mississippi River and it starts at--those of you who don't know the geography that's OK, but it starts at Clinton in the north of my district and then goes all the way down to Keokuk, in fact, on the Mississippi River--the lock and dam in Keokuk, which is right on the border with Missouri and Illinois. We've got a hydro plant that's produced an enormous amount of clean energy since 1913. Currently, the plant does produce enough energy to power about 75,000 homes and I visited that plant in the past. And I've also got the Red Rock Dam at my district. It's located right there at the Army Corps Red Rock Dam and they've got a hydroelectric project there. I've been there at least a few times since that began, and when that's completed the project is estimated to produce about 178,000 megawatt hours, or enough energy to power 18,000 homes. So it will be that--much of that area if not that entire area around Pella, Iowa. And it's really important. It's created jobs and, obviously, it's going to bring electricity to a whole lot of homes. But it's taken a long time to complete. There's no question about that. That's why what we are talking about today I think is really important in terms of streamlining the hydropower licensing process. I am also very interested to know more of what we can do on the Mississippi, much like Congressman Doyle, what he was talking about with respect to the three rivers there in Pennsylvania. So I guess I want to address my concerns to you, Mr. Fisher, primarily and if you can't answer all the questions today, I get that. That's not a problem. We can, you know, get some information from you in writing. I guess--I guess I just want to ask at the outset hasn't the technology risen to a level where the Mississippi River is now an economically feasible option for hydropower expansion, especially at these locks and dams? Mr. Fisher. I probably should speculate a little bit there. I am not an expert on the technology. But yes, I think in the industry the technology has certainly increased. A lot of it is still going to depend on the flow, right. If you have a private applicant approaching the Army Corps of Engineers, we are not going to just alter the flow rates through the Mississippi River just to accommodate that applicant. We still have to manage our flood risk management mission as well as the commercial navigation that certainly flows on the Mississippi. But yes, I believe there are advances and we certainly want to work with any applicant and FERC as well to drive that economy in your area. Mr. Loebsack. And the Corps is trying to do that at the Rock Island Arsenal. We've got a small project there. But a project nonetheless where they're going to be able to generate some significant electricity, I think. So what are some of the challenges, if you will, of adding hydropower generation to the existing dams, particularly some of the older ones on the upper Mississippi? Mr. Fisher. I think that's exactly it, sir. Old ones, right--aging infrastructure. As we're--as we are considering hydropower on a Corps infrastructure somewhere, we've got to make sure that we are not further damaging an already deteriorating structure. We want to make sure those are bolstered. We want to make sure that whatever modifications we have to make to allow that hydropower to exist there is also not affecting all the other water resources there. Mr. Loebsack. Yes. And, look, I mean, I think all of us agree that we've got to have a huge infrastructure emphasis here in this country, going forward. We are not going to go forward this year, it looks like, with the president's proposal on a trillion-or-so-dollar plant, but locks and dams upgrading has to be a part of that. There's no question about it. These things are from the 1930s, you know, and we've got to be able to ship more grain down the Mississippi and out to the Panama Canal and out to our trading partners in other parts of the world so that we are not out competed, if you will, by Brazil and various folks. But I just want to advocate for kind of a--something comparable to the one-dig policy when we talked about building roads and what have you and then making sure we don't have to dig again to put fiber in and all the rest. Do the same kind of thing with these locks and dams on the Mississippi. Take that back to your folks, if you will. I think it's a great suggestion to think about as we upgrade our locks and dams that we take advantage of that opportunity also to add hydropower so we don't have to worry about the old existing systems we have now that are crumbling in many ways and trying to deal with all that. But when we actually do the upgrade that we need and we are going to put a lot of money into this that we think about the expansion and think seriously about the expansion of hydropower as well. So just keep that in mind, going forward, and send that along to the folks at the Army Corps, if you would. And thank you, Mr. Chair, and I yield back my time. Mr. Olson [presiding]. Thank you. Mr. Long, 5 minutes for questions. Mr. Long. Thank you, Mr. Chairman. And Mr. Turpin, FERC, as you know, exercises jurisdiction over non-Federal hydropower projects and their licensing. Do you think the current hydropower licensing process involves too many agencies with too little accountability for making deadlines? Mr. Turpin. I think that's--there's such a wide variety of expertise that's required I don't know that I could say that it involves too many agencies. I think that all agencies don't prioritize the work on those the same way. I mean, for us, it's kind of easy. We are, in this regard, a single purpose agency. This is all we do is look at the non-Federal hydropower. Other agencies are balancing other mandates and other competing workloads and so I think---- Mr. Long. Is there no way to streamline that? I mean, at one of the competing agencies? Mr. Turpin. I don't know that--I don't know that streamlining--I think keeping the focus on what ought to be the priority helps tremendously. Mr. Long. FERC is responsible for licensing projects and issuing exemptions, but the Commission is also responsible for ensuring compliance during the life of a project, as you know. In your opinion, can FERC adequately monitor all non- Federal hydroelectric plants with the resources currently available to the Commission? Mr. Turpin. Yes. We have about 70 folks who do the licensing and about 40 or so that do just the compliance and administration of a license, and then another 120 that do the dam safety. So I think we are adequately staffed in that regard. Mr. Long. You do think you are? I mean, it doesn't matter the numbers if you don't think you're--you have the adequate-- you think you have adequate numbers? Mr. Turpin. We are consistently consulting with the chairman on that to talk about staffing levels. Mr. Long. OK. In your testimony you state that since 2010 FERC has issued 180 hydropower licenses and small hydropower exemptions. Based on the number of hydropower licenses up for renewal on the horizon, is FERC's current pace of renewal capable of meeting the demand? Mr. Turpin. Well, the good thing about relicense is you know that they are coming. So, unlike originals where it's very hard to forecast what your workload is going to be, we've known what the workload is going to be for a while. And so we are continuing looking for ways to improve the process in-house and so to bring other resources to bear. So we've been preparing for this and I think, I mean, depending upon what issues are raised it may be a different scenario in each case. But I think, by and large, we've adequately prepared. Mr. Long. OK. Is there a way to hold agencies accountable when deadlines proposed by the president's executive orders and interagencies' memorandums of understanding or, I as I call them, memorandums of misunderstanding, are not met? Mr. Turpin. I think a large benefit of this approach is-- has been over the last year or so and is going to be that the decentralized agencies get sort of a reset and a refresh on maybe what ought to be priorities in certain things and that you don't have field staff that are making decisions that possibly the headquarters folks don't know about. Again, at the Commission we are relatively fortunate. We are all located in one building. I kind of get to know what's going on by just walking down the hallway. I don't have a lot of remote field offices. Mr. Long. OK. Mr. Oliver, there are a number of projects that have been delayed between two and 12 years because the National Marine Fishery Services has not approved licenses under the Endangered Species Act. Can you explain the reason for these extensive delays? Mr. Oliver. Sir, I alluded a little bit in my earlier testimony there can be a number of reasons for delays. They can range from the very beginning when we get a license application to having a complete project description--and adequately detailed project description and it's sufficient--a sufficient definition of the proposed action and information for us to begin that consultation process on. And there are instances where we've gone back and said, we are sorry but this is insufficient for us to do our consultation. That can result in a back and forth. There can be changes to the project action. There can be new information that comes to bear, scientific studies. We are dealing with the very issue with a particular major project right now where we have new scientific information that's likely going to compel us to request an extension of the NEPA deadline in order to adequately assess that information. There--sometimes we are held up by Clean Water Act certifications that are out of our control and there are times when we have to prioritize. We do over, I believe, 1,200 informal and over 300 formal consultations a year on various infrastructure projects not limited to hydropower, obviously. So there are resource limitations and prioritization decisions we have to make. And so there are a number of reasons that--and so I don't want to make an excuse--that it's sometimes just staff workload but there are a number of reasons or combinations of reasons for those delays, some of which are within our control or partially and some of which are not. But we are striving to make improvements in that. Mr. Long. OK. I am past my time. I do have other questions for Mr. Goodin and Mr. Fisher but I will submit them in writing to you all. And with that, Mr. Chairman, I yield back. Mr. Olson. Thank you, Mr. Long. The Chair now calls upon the gentleman from Indiana, Dr. Bucshon, for 5 minutes of questions. Mr. Bucshon. Thank you, Mr. Chairman. I think, hopefully, you all are gathering from the very diplomatic questioning that there's a high level of frustration among the constituents that we represent across the country and how Federal agencies not only, honestly, in hydropower but across the permitting process have a very high level of frustration that is projected through their elected representatives here today. And we've heard from developers, for example, in my district and across--really, across the country that on hydropower projects 10, 12 years to get--to secure a license, and this is on projects on existing dams. The dams are already there, but we are just trying to convert them--10, 12 years, some of which is, you know, from a multitude of different reasons as what has been described here today. You know, duplicative red tape, duplicative regulations, duplicative agencies looking at the project not in a--you know, in a timely fashion--red tape. And so, I mean, honestly--I was on Transportation Infrastructure for 4 years--I honestly believe unless Congress sets hard deadlines that the reality is, this is probably not going to change in any substantial way. You know, we've been debating this for decades and in that--in that vein I think, you know, I applaud the president's efforts and the administration established the one Federal decision policy by signing the Executive Order 13807. But there still, in my view, needs to be a modernization of our existing infrastructure and particularly in my--the area I am talking about is in the non-powered dams and conversion of those to hydroelectric power. And to do that in a timely fashion, I introduced and the House passed unanimously H.R. 2872, the Promoting Hydro Power Development at Existing Non-powered Dams Act, which would instruct FERC to issue a rule establishing an expedited licensing process for qualifying facilities that will result in a final decision on an application within 2 years or less, which is a hard deadline. Again, on Transportation Infrastructure we heard, you know, on bridges, on roads that we are streamlining--we are doing everything we can to streamline the process and it's getting better and all that. But, honestly, I think you have probably heard from the-- from what we are asking today the frustration is there. And, you know, the Senate--Senator Portman and Senator McCaskill have introduced a companion bill in the Senate and I hope the Senate passes that soon. So a couple questions. Mr. Turpin and Mr. Fisher, could you--what do you think the impact might be on powering-- potentially powering over the 50,000 suitable non-powered dams across the country might have on our power grid and also, honestly, might have on our emissions, because this is clean renewable energy, as well as do you have any thoughts on what it might do in the job creation area and also in the private investment area into our Nation's infrastructure. Just kind of a general question, Mr. Turpin. Mr. Turpin. Yes. That is, of course, the area with the largest potential for expansion on any hydropower. I know DOE did the study a number of years ago that identified a very large number of dams that--nonpowered dams that might be suitable. Mr. Bucshon. Fifty thousand, the number that I have. Mr. Turpin. So---- Mr. Bucshon. That may be a little over generous. Mr. Turpin. Well, that's the number I was remembering too, so---- Mr. Bucshon. It's the number I have so---- Mr. Turpin. Yes. So it's, obviously, great benefits to the Nation in terms of what it might do to the grid. I mean, hydropower--you know, the benefits of that have been enumerated in a lot of different ways in terms of either black start or just sort of renewable energy kind of component to it. So in terms of economic and jobs it's not something I have enough of a background in to provide info on. Mr. Bucshon. I guess, I mean--I guess the point I am trying to make is that what you all do in the licensing process is not just--not just necessarily having an impact on, you know, actually the direct impact that you might have in getting projects completed but there is, you know, the impact of getting the surrounding big infrastructure projects in our country, as all of us know, whether that's on hydroelectric power, whether that's bridges, whether that's road, the overall economic impact of being able to produce big infrastructure projects in a timely manner is a substantial positive economic--has a substantial positive economic impact on our country. So I hope that that message comes across today that as quickly as we can get through the process the better it is for all of us. Thank you. I yield back. Mr. Olson. Thank you. The Chair now calls upon the gentleman from Michigan, Mr. Walberg, for 5 minutes. Mr. Walberg. Thank you, Mr. Chairman, and thanks to the panel for being here. And what we've discussed so far is water over the dam, as they say. But I would like to go to some specific questions. That's what happens when you're so far down on the dais here. Mr. Turpin, the Commission has spent a fair amount of time, I understand, recently on making it faster to license very small hydro projects. Does FERC have any plans to find ways to speed up the licensing process for larger hydros? Mr. Turpin. Well, I think we are always looking for ways for improvement, as I said earlier, within the existing authorities that we've got. And, again, I think a large time it's not the process. It's the issues that are there. So I think getting folks to bring issues to the table on a specific project earlier and getting the stakeholders to identify the information needed to meet those needs is probably the single biggest thing that can be done to improve time lines. Mr. Walberg. So that would, I would assume, would involve FERC making sure that the appropriate questions are given to people who are submitting request for licensing, wouldn't you say? Mr. Turpin. Yes, that's correct. FERC and--as well as the other agencies that have statutory authorities. Mr. Walberg. Because that can--that can be just a major problem, as I understand it, understanding what in the world I am supposed to be taking care of to get that licensing received. So any way we can help on that, that would be super. Does FERC have any plans to put its recently revised license term policy into regulations or does it plan to keep that policy solely as a policy? Mr. Turpin. So I am not aware of any move to move--to make that a regulation. But I don't know that it needs to be. The Commission issued it as a policy to state that 40 would be the default and then with accommodation could kind of, depending on the circumstance, fluctuate the time line. I think with that policy issued it gives certainty to the industries to kind of what to expect, coming in. Mr. Walberg. Wouldn't regulation, though, provide greater certainty? Mr. Turpin. It does, but it also then provides no ability to adapt to unique circumstances. Whether you have multiple facilities in the same watershed that might need to have their terms aligned because they all have the same environmental impact or whether there are investments that are made that might warrant a longer term just so that folks can recoup the costs of having made those improvements. Mr. Walberg. OK. OK. There's been a regular group of licensees that have protected FERC's inclusion of certain costs related to non-FERC agencies into their annual hydro bills from FERC. Does FERC have any plans to clarify the rules governing what can be included and what can't? Mr. Turpin. Well, I don't have a very strong background in how the annual charges are done. I do know that--I am not aware that we have a lot of discretion as to--as to which agencies we charge on behalf of. I think that's enumerated in the--in the Federal Power Act. So that's certainly something I can look into and get back to you on. Mr. Walberg. I appreciate that. And then, finally, does FERC believe it would add value to the Commission to have the legal authority to resolve disputes between agencies during the licensing process? Mr. Turpin. We do quite a lot of work with that now and that's the entire intent, I think, behind the prefiling part of the ILP and it's always beneficial to have everybody kind of get to an agreement about what needs need to be met in studies before any actions are taken. Mr. Walberg. Anything that stands in the way of making that more efficient? Mr. Turpin. No, it's really--it really comes down to the willingness of the participants to collaborate and reach the consensus. Mr. Walberg. Thank you, Mr. Chairman. I yield back. Mr. Olson. Thank you. The Chair now calls upon the biggest advocate for hydropower in this committee, Mrs. McMorris Rodgers from Washington State. You have 5 minutes, ma'am. Mrs. McMorris Rodgers. Thank you very much. I want to thank the committee for hosting this hearing and everyone for being here today. As I know many realize, but hydropower is foundational to the Northwest economy, and I am proud to represent a district that is largely based upon carbon-free baseload. It's renewable. It's reliable and it's essential to our energy supply in the Northwest. Hydropower can be expanded nationwide by modernizing the inefficient permitting process. According to a recent report that was actually from the previous administration, only 3 percent of the dams actually produce hydroelectricity and we could double hydropower in America without investing--or by simply investing in the turbines such that are needed to convert dams into hydroelectric dams. On average right now it takes 18 months to license a natural gas facility and it takes 10 years to relicense a hydropower facility. We can do better. I've heard from PUDs, co-ops, investor-owned utilities across the country that they would like to upgrade non-powered dams but are unwilling to risk spending millions of dollars on an uncertain and bureaucratic process. Even if we brought new dams online it would only burden the current relicensing process. Previous testimony by FERC's deputy associate general counsel testified that the Commission staff already had a full workload. It's obvious that the current process is broken. After hearing these concerns as well as other local stories from eastern Washington, I've introduced legislation, the Hydro Power Policy Modernization Act of 2017 and it passed the House earlier this Congress with 256 yes votes. The bill seeks to improve the coordination among agencies and provide FERC the ability to resolve interagency disputes. My legislation also increases communication between FERC and other agencies by requiring them to explain in writing when deadlines may be missed. This added step of accountability is crucial to keep an account of delays and avoid the increasing backlog of hydropower relicensing. Finally, we are also seeking to encourage investments at dams outside of the relicensing window. Currently, there is a small window to receive credit for making upgrades at a dam that can be included in the length of a new license. By allowing early action, newer technologies can be installed as they come online that can increase power generation or fish passage, or both. Before I move on to my questions, I quickly wanted to highlight the issues on the Colombia Snake River Dam system with current limitation over the 2014 biological opinion. I have introduced legislation to codify this common sense biological opinion that the previous administration supported. Included in the Energy and Water Appropriations bill is language that will effectively stop the court-mandated spill and I encourage the Senate to act on my legislation which recently passed the House and which codifies the current Bi-op. In the meantime, I am submitting questions for the record to both NOAA and the Army Corps requesting an update on aspects of the court-mandated NEPA review and the implementation of spill. Now to questions--Mr. Oliver and Mr. Sheehan, data from FERC shows that a number of hydro licensings are delayed waiting for a final EIS biological opinion from your agencies. Some of these cases have been delayed 5, 10 years, or longer. My office has even heard that agency staff have suggested that applicants may need to redo studies that are now stale or out of date--a situation caused by the agency itself. I think we can all agree that this is not good practice and ultimately delays beneficial mitigation measures that industry members would otherwise enact with the issuance of a new license. So I urge you to undertake a comprehensive review of this issue across your regional offices. For today, what are your thoughts on how your agencies can address this problem, and I would like to work with your office to have you report back your findings as well as your recommendations and a time table for when these bi-ops will be completed. Mr. Sheehan. Thank you, Congresswoman. At the Fish and Wildlife Service, I think there are a number of things. We've talked a lot today about one Federal decision. That forces us to get on some time lines and keep these projects advancing forward. Whether it's through our biological opinions or other processes, it will force us to make sure that we are being persistent and working with applicants or other co-operators in these efforts. But achieving time lines is critical and I think that your suggestion that we devise ways to better do that is well heeded. Again, processes being re-examined internally is where we are at right now. Mr. Oliver. I will echo what Mr. Sheehan said. We have been working I believe cooperatively with all the agencies that are on this panel over the, certainly, the last year that I've been here to explore mechanisms to streamline these reviews and consultations. We've had coordination occur through our participation in the Federal Permitting Improvement Steering Council, through interagency working groups relative to the executive order, and through interactions on specific projects that we are mutually engaged on. I think that we--NOAA and Department of Commerce--are developing a specific implementation plan to, in addition to the cross-agency MOU that was signed we are developing a Commerce-level implementation plan for the Executive Order 13807, the one Federal decision. So I am hopeful that that will go a long ways toward getting at some of these issues that are frustrating you and other members of this committee. Mrs. McMorris Rodgers. OK. Well, unfortunately, I've run out of time. I do have some further questions, and I will get them to you in writing as well as a question to the EPA on Clean Water Act Section 401 that I need your attention on. I appreciate, again, the committee hosting this hearing today and really highlighting hydropower and the potential that it has to meeting America's important energy needs. Mr. Olson. Thank you. The Chair now calls upon himself for 5 hours. [Laughter.] You're paying attention. Five minutes. Welcome to our five witnesses. A special welcome to the witness who has an esteemed title back home that I will never, ever have--a native Texan--Mr. Oliver. Welcome. Now, as I understand it too, you went to a special school there called Texas A&M University--the Aggies. Is that correct? Mr. Oliver. That's correct, sir. Mr. Olson. So you understand that this is a compliment but I just want to say howdy and woop. Mr. Oliver. Gig 'em. Mr. Olson. OK. As you all probably know, my home State of Texas has only 23 hydropower dams. It's a minor source of power for our State. In fact, the State energy conservation office has basically said our good hydropower has been developed. And this is a question for you, Mr. Turpin, of FERC. Your office is responsible for drafting the environmental documents for infrastructure projects like LNG terminals and natural gas pipelines. Different issues in hydropower, but are there lessons learned--you can improve upon the permitting process with lessons learned from permits for LNG, natural gas--apply that to hydropower? Lessons you can learn? Mr. Turpin. Yes, absolutely. We are always trying to cross- pollinate. I mean, that--both those infrastructure are handled by the office I work in and so ideas can flow back and forth freely. I think the things we've most is that the--what benefits the process and the time lines the most is having the early engagement of all the stakeholders and getting everybody to the table to identify the issues as well as to identify the information needs and then having the applicants meet those needs. Mr. Olson. The question for all your comments--Mrs. McMorris Rodgers had her bill pass the House, H.R. 3043, and an overwhelming bipartisan vote, and the goal of this legislation is for FERC to be the lead agency in these hydropower projects. We want to create more predictable, transparent, and an accountable licensing process. And so my question for all five of you is are we hitting the target? Is there something we are missing, lacking? Can we modify it before the Senate acts? Because we hope they act-- there's no guarantee--but they've got the bill in their court right now. So anything we should look to change on the bill we passed? Because I think it's a good bill but sometimes these things cause unforeseen consequences. So are you guys concerned about the text that we may modify? Mr. Turpin. Well, I have to admit that--I know we testified on it last April and we had a lot of technical calls with staff on it. But I am not familiar enough with it to give you that diagnosis today. But, certainly, we can look at it and get back to you. Mr. Olson. Mr. Oliver, the proud Aggie--any comments that we should address with this bill? Suggestions? Mr. Oliver. I have to admit, sir, I would probably have to give the same answer as Mr. Turpin. I am not familiar enough with the details of it to really provide you a comment. It's something I would have took at carefully and get back to see whether we could offer you some meaningful insights. Mr. Oliver. Aggie never lies, always tells the truth. Mr. Sheehan from Fish and Wildlife, any issues we should address, you think, with the bill that's out there--that passed the House? Mr. Sheehan. Well, certainly, I can't formally comment on the bill today but what I would probably say, and we heard a little bit earlier from Mr. Turpin, is we want to make sure that we don't tie our hands in some areas too tight so that as we have applicants come in with unique conditions that we don't legislate them right out of interest in a project. So I think it's critical that flexibility exists throughout any process that we create in Government. Mr. Olson. Thank you. Mr. Fisher. Mr. Fisher. I sound like a broken record here. I, too, did not really come prepared to address specific legislation but, I certainly want to work with the panellists here, huddle with Corps headquarters and to perhaps come back to you with a fuller response. Mr. Olson. Mr. Goodin, anything--concerns you have with, sir? Mr. Goodin. I would offer a similar answer. Happy to provide any requested technical assistance there. But would just emphasize the theme of early coordination being important. Mr. Olson. OK. Great. Thank you, guys. We are out of our time. Seeing no more witnesses, I would like to thank all the witnesses for coming today. I would like to introduce--ask unanimous consent to introduce for the record a document called a letter from the Western Governors' Association. Without objection, so ordered. [The information appears at the conclusion of the hearing.] Mr. Olson. Pursuant to committee rules, I remind Members that they have 10 business days to submit additional questions for the record, and I ask that witnesses submit their response within 10 business days upon receipt of the questions. Without objection, this hearing is now water under the dam and is adjourned. [Whereupon, at 1:08 p.m., the committee was adjourned.] [Material submitted for inclusion in the record follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Mr. Oliver did not answer submitted questions for the record by the time of printing.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]