§ 15883. Maintaining and enhancing hydroelectricity incentives

• (a) In this section, the term “qualified hydroelectric facility” means a hydroelectric project that—
  • (1)
    • (A) is licensed by the Federal Energy Regulatory Commission; or
    • (B) is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920 , or a license granted pursuant to the Federal Power Act ( 16 U.S.C. 791a et seq.);
  • (2) is placed into service before November 15, 2021 ; and
  • (3)
    • (A) is in compliance with all applicable Federal, Tribal, and State requirements; or
    • (B) would be brought into compliance with the requirements described in subparagraph (A) as a result of the capital improvements carried out using an incentive payment under this section.
• (b) The Secretary shall make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to—
  • (1) improving grid resiliency, including—
    • (A) adapting more quickly to changing grid conditions;
    • (B) providing ancillary services (including black start capabilities, voltage support, and spinning reserves);
    • (C) integrating other variable sources of electricity generation; and
    • (D) managing accumulated reservoir sediments;
  • (2) improving dam safety to ensure acceptable performance under all loading conditions (including static, hydrologic, and seismic conditions), including—
    • (A) the maintenance or upgrade of spillways or other appurtenant structures;
    • (B) dam stability improvements, including erosion repair and enhanced seepage controls; and
    • (C) upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction; or
  • (3) environmental improvements, including—
    • (A) adding or improving safe and effective fish passage, including new or upgraded turbine technology, fish ladders, fishways, and all other associated technology, equipment, or other fish passage technology to a qualified hydroelectric facility;
    • (B) improving the quality of the water retained or released by a qualified hydroelectric facility;
    • (C) promoting downstream sediment transport processes and habitat maintenance; and
    • (D) improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity.
• (c)
  • (1) Incentive payments under this section shall not exceed 30 percent of the costs of the applicable capital improvement.
  • (2) Not more than 1 incentive payment may be made under this section with respect to capital improvements at a single qualified hydroelectric facility in any 1 fiscal year, the amount of which shall not exceed $5,000,000.
• (d) There is authorized to be appropriated to the Secretary to carry out this section $553,600,000 for fiscal year 2022, to remain available until expended.