Grace Napolitano: “This is a simple amendment striking out language in section 2, page 4, lines 12 15. It removes the exemption of the NEPA…”

“This is a simple amendment striking out language in section 2, page 4, lines 12 15. It removes the exemption of the NEPA waiver for small conduits on Federal land. The proponents of this measure again will argue that FERC regulations allow for categorical exemption for certain conduit hydropower projects that meet statutory and regulatory criteria and do not have the potential for significant environmental impacts. This is true. First, treatment of conduits is not the same. It is not the same as what the legislation attempts where all environmental regards are completely waived. This bill, H.R. 2842, as amended, proposes to totally exempt all small hydro from the FERC exemption process. Reclamation already has the same authority as FERC to develop a process of complying with NEPA. Reclamation has already been in the process of investigating whether small hydropower developed in conduits or canals may be appropriately placed under categorical exemption. As I stated before, the draft is already out. They are consulting with developers and irrigators to ensure that this bill is what they need. They have also granted specific categorical exemptions to three LOP projects, as mentioned in my opening statement. Low impact hydropower can be efficiently developed by utilizing existing environmental review provisions.…”