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Wave, Tidal, and In-Stream Energy Projects: Which Federal Agency Has the Lead? [Updated November 26, 2008]
"Developments in wave, tidal, and in-stream energy generation technologies -- also referred to as hydrokinetic or marine energy -- are beginning to gain momentum. At the same time, their regulatory status is still evolving, as shown by recent changes in law aimed at clarifying the federal role in ocean wave and renewable energy. Two federal agencies currently appear to have a lead role in offshore renewable energy projects. The Department of the Interior's Minerals Management Service (MMS) indicates that the Energy Policy Act of 2005, § 388, gave it authority as the lead agency for projects proposed on the Outer Continental Shelf (OCS). MMS is developing a regulatory framework and is not accepting applications for hydrokinetic (and other alternative energy) projects until its rulemaking process is complete. The Federal Energy Regulatory Commission (FERC) has issued preliminary permits and accepted license applications for hydrokinetic projects on the OCS and in the near-shore ocean environment. Also, FERC is developing a licensing process specific to hydrokinetic projects. The issue of which agency has final regulatory authority over hydrokinetic projects that are partially or completely on the OCS is unresolved and may affect project development in this burgeoning industry."
Library of Congress. Congressional Research Service
Lane, Nic
2008-11-26
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Aging Infrastructure: Dam Safety [Updated March 25, 2008]
"While dams have multiple benefits (balanced against financial and environmental costs), they can also present a risk to public safety and economic infrastructure. This risk stems from two sources: the possibility of a dam failure and the damage it would cause. Although dam failures are infrequent, age, construction deficiencies, inadequate maintenance, and seismic or weather events contribute to the possibility. To reduce the risk, regular inspections are necessary to identify potential problems. Corrective action can then be taken to remedy those deficiencies. Congress is often called upon to fund remedial actions, as a way to prevent the larger catastrophes. The 110th Congress will likely see proposals for improving dam safety and may oversee existing safety programs. […]. The federal agencies with dam safety responsibilities include the Tennessee Valley Authority, the Federal Energy Regulatory Commission (FERC), and the Departments of Agriculture, Defense, Energy, the Interior, Labor, and State. […]. The collapse of the I-35W bridge in Minnesota highlighted the potential for unexpected infrastructure failure. This may result in a review of the safety of other elements of our nation's inventory of critical infrastructure such as dams, levees, tunnels, and bridges -- and a call for additional funding to resolve any deficiencies. Congress has periodically been urged to provide federal support for rehabilitation work at nonfederal dams. Demand for such assistance is likely to increase, but currently no federal policy describes the conditions under which federal funding is appropriate, nor has Congress established criteria for prioritizing funding among nonfederal projects."
Library of Congress. Congressional Research Service
Lane, Nic
2008-03-25
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Issues Affecting Tidal, Wave, and In-Stream Generation Projects [Updated April 29, 2008]
"The development technology that generates electricity from ocean waves, tides, and river currents is still in its infancy. However, Congress has provided some policy guidance on these energy sources through the Energy Policy Act of 2005 (EPACT; P.L. 109-58). The act addresses this area of energy innovation by clarifying federal jurisdiction over, and encouraging the development of, these alternative energy sources. Title II of the act contains provisions for assessment of and reports on renewable energy resources by the Department of Energy; production incentives for renewable energy production; benchmarks for renewable energy purchases by federal facilities; and grants supporting rural electrification with preference given to renewable energy facilities. EPACT §931 directs the Secretary of Energy to conduct research and development (R&D) programs for ocean energy, including wave energy and kinetic hydro generation projects, and §388 amends §8 of the Outer Continental Shelf Lands Act (43 U.S.C. §1337) to give authority to the Secretary of the Interior to grant leases on the Outer Continental Shelf (OCS) for the production of energy from sources other than oil and natural gas. Because the development and application of these technologies are in the precommercial stage, the regulatory requirements governing their implementation are not always clear. To some, there is uncertainty regarding which federal agency most appropriately has jurisdiction over these projects and the regulatory processes that are necessary to ensure resource protection and adequate oversight while encouraging the development of a promising new energy source."
Library of Congress. Congressional Research Service
Lane, Nic
2008-04-29
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Bureau of Reclamation's Aging Infrastructure [April 30, 2008]
This CRS report describes The Bureau of Reclamation's "approach to managing aging infrastructure as well as that of two other agencies -- the Army Corps of Engineers and the Natural Resources Conservation Service -- involved with significant portfolios of dams and related infrastructure. Additionally, there is discussion of four specific approaches to managing Reclamation's aging infrastructure through legislative action.[...]The Bureau of Reclamation is responsible for the construction of most of the large irrigation and water resources infrastructure in the West. Reclamation manages water resource facilities in 17 western states with an original development cost of over $20.0 billion. Reclamation is over 100 years old, and many of its facilities now have an average age of over 50 years. This aging infrastructure requires increased maintenance and replacement efforts and expenditures. Reclamation appears to have a well documented plan to assess the management needs of its portfolio of aging infrastructure. However, water resources infrastructure management objectives require prioritization due in part to a finite budget. This inevitably leads to conflicts over project funding priorities. As Reclamation's portfolio of infrastructure continues to age, these conflicts are likely to arise more often. Further, in the case of structures whose operations and maintenance responsibilities have been transferred to the local project beneficiaries, the increased maintenance and replacement efforts and expenditures associated with aging infrastructure -- such as more expensive recapitalization projects -- could motivate the beneficiaries to seek federal funds and congressional support to address project funding issues."
Library of Congress. Congressional Research Service
Lane, Nic
2008-04-30
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Aging Infrastructure: Dam Safety [Updated August 9, 2007]
"While dams have multiple benefits (balanced against financial and environmental costs), they can also present a risk to public safety and economic infrastructure. This risk stems from two sources: the possibility of a dam failure and the damage it would cause. Although dam failures are infrequent, age, construction deficiencies, inadequate maintenance, and seismic or weather events contribute to the possibility. To reduce the risk, regular inspections are necessary to identify potential problems. Corrective action can then be taken to remedy those deficiencies. Congress is often called upon to fund remedial actions, as a way to prevent the larger catastrophes. The 110th Congress will likely see proposals for improving dam safety and may oversee existing safety programs. To identify deficiencies that could cause dam failures, the federal government established inspection requirements for the nation's federal dams. Once deficiencies are identified, most agencies finance repairs through their operation and maintenance accounts. Funding mechanisms vary for larger rehabilitation activities. At the Bureau of Reclamation, for example, most larger repairs are conducted with annual appropriations to its dam safety program. At some other agencies, dam rehabilitation must compete with other construction projects for funding. The federal agencies with dam safety responsibilities include the Tennessee Valley Authority, the Federal Energy Regulatory Commission (FERC), and the Departments of Agriculture, Defense, Energy, the Interior, Labor, and State. At nonfederal dams, safety is generally a state responsibility, though some federal assistance has been provided."
Library of Congress. Congressional Research Service
Lane, Nic
2007-08-09
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Power Marketing Administrations: Background and Current Issues [April 18, 2007]
"The U.S. Department of Energy operates four regional power marketing administrations (PMAs) - the Bonneville Power Administration (BPA), the Southeastern Power Administration (SEPA), the Southwestern Power Administration (SWPA), and the Western Area Power Administration (WAPA). These agencies all operate on the principle of selling wholesale electric power with preference given to publicly or cooperatively owned utilities 'at the lowest possible rates to consumers consistent with sound business practices' under the Flood Control Act of 1944 (16 U.S.C. §825s). Maintaining competitive rates sufficient to cover operating costs and repay the federal investment in the hydropower dams and transmission systems amid drought, legal challenges, and customer pressure for cost reductions are some of the challenges faced by these agencies, and issues tied to these challenges may come before Congress."
Library of Congress. Congressional Research Service
Lane, Nic
2007-04-18
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Relicensing of Nonfederal Hydroelectric Projects: Background and Procedural Reform Issues [Updated April 25, 2007]
"Hydroelectric facilities produce approximately 7% of all electricity generated in the United States and are an important and flexible source of power. About half of the hydroelectric power generated in the United States comes from privately owned facilities that operate under licenses issued by the Federal Energy Regulatory Commission (FERC). Federal hydropower dams do not require FERC licenses and are not covered by this report. New licenses for private facilities establish allowed generation capacity, operating parameters, and environmental protection requirements for the next 30 to 50 years. Given the multi-purpose nature of hydropower facilities and changes in river-management priorities since the 1950s and 1960s, it now can take more than six years and millions of dollars to relicense a hydroelectric project. […]After FERC completed its rule establishing the ILP, the 109th Congress passed legislation that affects the rule. P.L. 109-58, signed in August 2005, includes provisions for applicants to propose alternatives to license conditions and requires agencies to accept those alternatives as long as they meet certain environmental and economic requirements. Some have expressed concern that this legislation could reduce the effectiveness of the ILP by eroding federal resource agencies' conditioning authority. This report summarizes the current processes, describes FERC's recent development of a third licensing process, and explains changes to relicensing enacted by P.L. 109-58. This report will be updated as events warrant."
Library of Congress. Congressional Research Service
Lane, Nic
2007-04-25
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Issues Affecting Tidal, Wave, and In-Stream Generation Projects [Updated January 7, 2008]
"The development technology that generates electricity from ocean waves, tides, and river currents is still in its infancy. However, Congress has provided some policy guidance on these energy sources through the Energy Policy Act of 2005 (EPACT; P.L. 109-58). The act addresses this area of energy innovation by clarifying federal jurisdiction over, and encouraging the development of, these alternative energy sources. Title II of the act contains provisions for assessment of and reports on renewable energy resources by the Department of Energy; production incentives for renewable energy production; benchmarks for renewable energy purchases by federal facilities; and grants supporting rural electrification with preference given to renewable energy facilities. EPACT §931 directs the Secretary of Energy to conduct research and development (R&D) programs for ocean energy, including wave energy and kinetic hydro generation projects, and §388 amends §8 of the Outer Continental Shelf Lands Act (43 U.S.C. §1337) to give authority to the Secretary of the Interior to grant leases on the Outer Continental Shelf (OCS) for the production of energy from sources other than oil and natural gas. Because the development and application of these technologies are in the precommercial stage, the regulatory requirements governing their implementation are not always clear. To some, there is uncertainty regarding which federal agency most appropriately has jurisdiction over these projects and the regulatory processes that are necessary to ensure resource protection and adequate oversight while encouraging the development of a promising new energy source."
Library of Congress. Congressional Research Service
Lane, Nic
2008-01-07
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Wave, Tidal, and In-Stream Energy Projects: Which Federal Agency Has the Lead? [November 8, 2007]
"Developments in wave, tidal, and in-stream energy generation technologies -- also referred to as hydrokinetic or marine energy -- are beginning to gain momentum. At the same time, their regulatory status is still evolving, as shown by recent changes in law aimed at clarifying the federal role in ocean wave and renewable energy. Two federal agencies currently appear to have a lead role in offshore renewable energy projects. The Department of the Interior's Minerals Management Service (MMS) indicates that the Energy Policy Act of 2005, § 388, gave it authority as the lead agency for projects proposed on the Outer Continental Shelf (OCS). MMS is developing a regulatory framework and is not accepting applications for hydrokinetic (and other alternative energy) projects until its rulemaking process is complete. The Federal Energy Regulatory Commission (FERC) has issued preliminary permits and accepted license applications for hydrokinetic projects on the OCS and in the near-shore ocean environment. Also, FERC is developing a licensing process specific to hydrokinetic projects. The issue of which agency has final regulatory authority over hydrokinetic projects that are partially or completely on the OCS is unresolved and may affect project development in this burgeoning industry."
Library of Congress. Congressional Research Service
Lane, Nic
2007-11-08
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Dam Removal: Issues, Considerations, and Controversies [November 20, 2006]
"River management is complex, and in many cases decisions must be made to balance conflicting values. Dams are built because they provide numerous benefits to society, including flood control, navigation, irrigation and drinking water, hydropower, and recreation. But they are not without their detriments: dams also block fish passage, alter natural river systems, modify sediment and water temperature regimes, and inundate sites of cultural importance. Every dam is built with an expected life span and will eventually need to be repaired, replaced, or removed. […] As America's dams age, their owners, regulatory agencies, and the public must decide how to manage these structures. Although decisions regarding dams are unique to each location and highly reflective of local interests, Congress has been, and will likely continue to be, asked to fund dam removal programs and to become involved in specific dam removal issues. Considerations leading up to dam removal, and issues related to dam removal itself, are the focus of this report."
Library of Congress. Congressional Research Service
Lane, Nic
2006-11-20
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Power Marketing Administrations: Background and Current Issues [January 3, 2007]
"The U.S. Department of Energy operates four regional power marketing administrations (PMAs) -- the Bonneville Power Administration (BPA), the Southeastern Power Administration (SEPA), the Southwestern Power Administration (SWPA), and the Western Area Power Administration (WAPA). These agencies all operate on the principle of selling wholesale electric power with preference given to publicly or cooperatively owned utilities 'at the lowest possible rates to consumers consistent with sound business practices' under the Flood Control Act of 1944 (16 U.S.C. §825s). Maintaining competitive rates sufficient to cover operating costs and repay the federal investment in the hydropower dams and transmission systems amid drought, legal challenges, and customer pressure for cost reductions are some of the challenges faced by these agencies, and issues tied to these challenges may come before Congress."
Library of Congress. Congressional Research Service
Lane, Nic
2007-01-03
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Energy and Water Development: FY2008 Appropriations [Updated July 13, 2007]
"The Energy and Water Development appropriations bill includes funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior's Bureau of Reclamation (BOR), the Department of Energy (DOE), and a number of independent agencies. Key budgetary issues involving these programs include [1] the distribution of Army Corps of Engineers appropriations across the agency's authorized construction and maintenance activities (Title I); [2] support of major ecosystem restoration initiatives, such as Florida Everglades (Title I) and California 'Bay-Delta' (CALFED) (Title II); [3] funding for the proposed national nuclear waste repository at Yucca Mountain, Nevada, and proposals to store nuclear spent fuel temporarily (Title III: Nuclear Waste Disposal); and [4] the Administration's proposed Global Nuclear Energy Partnership to supply plutonium-based fuel to other nations (Title III: Nuclear Energy). The House Appropriations Committee reported out its FY2008 Energy and Water Development Appropriations bill, H.R. 2641 (H.Rept. 110-185), on June 6, 2007. The bill as reported did not contain indications of funding for specific projects. On June 20 the bill was debated on the House floor, but was not voted on pending submission by the Appropriations Committee of a supplement specifying funding for individual projects. That supplement was voted by the committee July 12, and the floor vote on the bill was expected the week of July 16. The Senate Subcommittee on Energy and Water Development Appropriations approved its version of the bill on June 26, and the full Senate Appropriations Committee approved it June 28 (S. 1751, S.Rept. 110-127)."
Library of Congress. Congressional Research Service
Behrens, Carl E.; Andrews, Anthony; Bearden, David M. . . .
2007-07-13
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