Congress is examining numerous energy sources to determine their contribution to the nation's energy portfolio and the federal role in supporting these sources. Hydropower, the use of flowing water to produce electricity, is one such source. Conventional hydropower accounted for approximately 6% of total U.S. net electricity generation in 2010. Hydropower has advantages and disadvantages as an energy source. Its advantages include its status as a continuous, or baseload, power source that releases minimal air pollutants during power generation relative to fossil fuels. Some of its disadvantages, depending on the type of hydropower plant, include high initial capital costs, ecosystem disruption, and reduced generation during low water years and seasons. Hydropower project ownership can be categorized as federal or nonfederal. The bulk of federal projects are owned and managed by the Bureau of Reclamation and the U.S. Army Corps of Engineers. Nonfederal projects are licensed and overseen by the Federal Energy Regulatory Commission (FERC). Considered by many to be an established energy source, hydropower is not always discussed alongside clean or renewable energy sources in the ongoing energy debate. However, hydropower proponents argue that hydropower is cleaner than some conventional energy sources, and point to recent findings that additional hydropower capacity could help the United States reach proposed energy, economic, and environmental goals. Others argue that the expansion of hydropower in the form of numerous small hydropower projects could have environmental impacts and regulatory concerns similar to those of existing large projects. Congress faces several issues as it determines how hydropower fits into a changing energy and economic landscape. For example, existing large hydropower infrastructure is aging; many of the nation's hydropower generators and dams are over 30 years old. Proposed options to address this concern include increasing federal funding, utilizing alternative funding, privatizing federally owned dams, and encouraging additional small-capacity generators, among other options. Additionally, whether to significantly expand or encourage expansion of hydropower is likely to require congressional input due to the uncertainty surrounding the clean and renewable energy portfolio within power markets. Potential expansion of hydropower projects could take place by improving efficiency at existing projects or by building new projects, or both. Congressional support for this approach is evident in the House passage of the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act of 2012 (H.R. 2842). Senate activity on this matter includes the Hydropower Improvement Act of 2011 (S. 629), which proposes to establish a grants program for increased hydropower production, and to amend the Federal Power Act (FPA) to authorize FERC to exempt electric power generation facilities on federal lands from the act's requirements, among other things. Another issue is the rate at which FERC issues licenses for nonfederal projects, which is slower than some find ideal. The licensing process can be delayed significantly as stakeholders and the approximately dozen federal and state agencies involved give their input. FERC responded by developing a more streamlined licensing process in 2003. Still, some object to "mandatory conditions" that federal agencies can place on new or renewed hydropower facilities. The 112th Congress has introduced roughly 25 bills regarding hydropower, a quarter of which are state- or site-specific legislation.

Four species of non-indigenous Asian carp are expanding their range in U.S. waterways, resulting in a variety of concerns and problems. Three species-bighead, silver, and black carp-are of particular note, based on the perceived degree of environmental concern. Current controversy relates to what measures might be necessary and sufficient to prevent movement of Asian carp from the Mississippi River drainage into the Great Lakes through the Chicago Area Waterway System. Several bills have been introduced in the 112th Congress to direct actions to avoid the possibility of carp becoming established in the Great Lakes. According to the Great Lakes Fishery Commission, Asian carp pose a significant threat to commercial and recreational fisheries of the Great Lakes. Asian carp populations could expand rapidly and change the composition of Great Lakes ecosystems. Native species could be harmed because Asian carp are likely to compete with them for food and modify their habitat. It has been widely reported that Great Lakes fisheries generate economic activity of approximately $7 billion annually. Although Asian carp introduction is likely to modify Great Lakes ecosystems and cause harm to fisheries, studies forecasting the extent of potential harm are not available. Therefore, it is not possible to provide estimates of potential changes in the regional economy or economic value (social welfare) by lake, species, or fishery. The locks and waterways of the Chicago Area Waterway System (CAWS) have been a focal point for those debating how to prevent Asian carp encroachment on the Great Lakes. The CAWS is the only navigable link between the Great Lakes and the Mississippi River, and many note the potential of these waterways to facilitate invasive species transfers from one basin to the other. The U.S. Army Corps of Engineers constructed and is currently operating electrical barriers to prevent fish passage through these waterways. In light of recent indications that Asian carp may be present upstream of the barriers, increased federal funding to prevent fish encroachment was announced by the Obama Administration. Part of this funding is being spent by the Corps of Engineers to explore options relating to the "hydrologic separation" of the Great Lakes and Mississippi River drainage basins. The potential closure of navigation structures in the CAWS is of particular interest to both the Chicago area shipping industry and Great Lakes fishery interests. Since December 2010, Michigan and other Great Lakes states have filed a number of requests for court ordered measures to stop the migration of invasive Asian carp toward Lake Michigan from the Mississippi River basin via the CAWS. The U.S. Supreme Court denied several motions for injunctions to force Illinois, the U.S. Army Corps of Engineers, and the Metropolitan Water Reclamation District of Greater Chicago to take necessary measures to prevent the carp from entering Lake Michigan. Michigan, Minnesota, Ohio, Pennsylvania, and Wisconsin sought a separate order in federal district court seeking similar relief, which was also denied. In the 112th Congress, language in P.L. 112-74 authorized the Corps of Engineers to take emergency measures to exclude Asian carp from the Great Lakes. In addition, H.R. 892 and S. 471 would direct federal agencies to take measures to control the spread of Asian carp. Notably, each of these bills, as well as H.R. 4406 and S. 2317, would require the Corps of Engineers to complete the Chicago portion of a study on hydrologic separation of the Great Lakes and Mississippi River Basin within 18 months of enactment. H.R. 2432 would require the Corps of Engineers to prepare an economic impact statement before carrying out any federal action relating to the Chicago Area Water System. H.R. 4146 and S. 2164 would authorize the Corps of Engineers to take actions to manage Asian carp traveling up the Mississippi River in Minnesota.