Mr. Chair, I rise today in opposition to H.R. 3043, the Hydropower Policy Modernization Act of 2017. However, I would like to point out the positive outcomes this bill would provide to the Hydropower industry. This bill would improve the administrative efficiency, accountability and transparency in the process of expanding hydropower generation. It would bring certainty and timeliness to the licensing process, that right now takes decades to move through. This bill would require other federal agencies to submit earlier any foreseeable issues that would prolong the licensing process, instead of waiting until the last hour as they are able to today. With that said, H.R. 3043 falls short in its treatment of tribal communities. I believe the proponents of this bill have worked in the best interest of Indian Country, but have unfortunately fallen short. First, this bill would overturn the D.C. Circuit Court of Appeals decision in Tacoma v. Federal Energy Regulatory Commission (FERC) that held that the Department of the Interior has the mandatory authority to develop appropriate conditions to protect federal Indian reservations under the Federal Power Act. Also, that FERC has no authority to reject these conditions because the Interior Department did not meet FERC's schedule. H.R. 3043, would overturn this decision by allowing FERC to put a clock on other Federal agencies and force them to accommodate their schedule.…
On the recordNovember 8, 2017
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