S.Amdt. 5029

SA 5029. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the
conservation and development of water and related resources, to
authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PRELIMINARY CONCEPT DESIGN PROCESS.

(a) Preliminary Concept Design Document.--After receipt of
a preliminary permit, a non-Federal entity seeking to develop
hydroelectric power at a civil works project of the Corps of
Engineers may submit to the Corps of Engineers a preliminary
concept design that is consistent with the license
application process of the Federal Energy Regulatory
Commission.
(b) Integrated Review.--The heads of the district,
division, and headquarters levels of the Corps of Engineers
shall conduct an integrated review of any preliminary concept
design submitted under subsection (a).
(c) Preliminary Finding.--Not later than 60 days after a
non-Federal entity submits a preliminary concept design under
subsection (a), the Corps of Engineers shall--
(1) complete the review under subsection (b); and
(2) provide the non-Federal entity with--
(A) preliminary findings that include an analysis and
comments on the concept design, as the concept design relates
to approval for use in the Corps of Engineers licensing
process and the ultimate development of the project;
(B)(i) preliminary approval, denial, or request for
additional information of the concept design; and
(ii) a description of any measures necessary for the Corps
of Engineers to permit the project, including engineering
designs and measures necessary for permits under section 14
of the Act of March 3, 1899 (commonly known as the ``Rivers
and Harbors Appropriations Act of 1899'') (33 U.S.C. 408);
and
(C) the assignment of a project delivery coordinator or a
Federal Energy Regulatory Commission coordinator, designated
by the Chief of Engineers, who shall--
(i) coordinate the project within the Corps of Engineers;
and
(ii) be given direct oversight over selection to the
project delivery team members who have appropriate expertise
during the licensing process.
(d) Permit Review.--If a non-Federal entity has submitted
to the Corps of Engineers a design concept under subsection
(a), the applications from that non-Federal entity for
permits under section 14 of the Act of March 3, 1899
(commonly known as the ``Rivers and Harbors Appropriations
Act of 1899'') (33 U.S.C. 408) to develop hydroelectric power
at the civil works project of the Corps of Engineers
identified by the non-Federal entity shall be considered by
the project delivery coordinator or Federal Energy Regulatory
Commission coordinator designated under subsection (c)(2)(C).
(e) Non-federal Hydroelectric Power Development
Ombudsman.--
(1) Designation.--The Chief of Engineers shall designate
from within the Corps of Engineers an ombudsman, to be known
as the ``Ombudsman for Non-Federal Hydroelectric Power
Development'' (referred to in this section as the
``Ombudsman'').
(2) Requirements.--The Ombudsman--
(A) shall not be otherwise involved in the review of any
Corps of Engineers permit to develop hydroelectric power at
any civil works project of the Corps of Engineers;
(B) shall be located at the headquarters of the Corps of
Engineers; and
(C) shall be an employee serving with the minimum rank of
Colonel.
(3) Responsibilities.--With respect to the development of
non-Federal hydroelectric power at any civil works project of
the Corps of Engineers, the Ombudsman shall, on request made
in writing by the non-Federal entity or the project delivery
coordinator or Federal Energy Regulatory Commission
coordinator designated under subsection (c)(2)(C)--
(A) within 60 days of the request, resolve, with respect to
Corps of Engineers permits, disputes--
(i) within the Corps of Engineers; or
(ii) between the non-Federal entity and the Corps of
Engineers; and
(B) ensure that the development standards and procedures
are consistent in all districts of the Corps of Engineers.
______