Support H.R. 9705 to Modernize Section 408
Hydropower developers seeking to add generation at existing U.S. Army Corps of Engineers dams must obtain Section 408 approval before moving forward. Unfortunately, that process currently varies widely from one Corps district to another, creating inconsistent application requirements, shifting expectations, duplicative reviews, and unpredictable timelines. As a result, projects that could provide affordable, reliable American energy are unnecessarily delayed.

Specifically, the legislation would:

  • Establish a standardized application checklist and clear completeness criteria.
  • Create defined review procedures and timelines for phased project reviews.
  • Provide escalation procedures when review deadlines are missed.
  • Clarify the scope of completeness reviews to prevent duplicate engineering reviews and unnecessary delays.
  • Improve transparency and predictability for both applicants and the Corps.

 

As electricity demand continues to increase, Congress should pursue pragmatic, bipartisan permitting improvements that help bring new energy resources online while maintaining appropriate safeguards.

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