[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2384 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2384

_______________________________________________________________________

                                 AN ACT

 to extend the deadlines applicable to certain hydroelectric projects 
          under the Federal Power Act, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 2384

_______________________________________________________________________

                                 AN ACT


 
 to extend the deadlines applicable to certain hydroelectric projects 
          under the Federal Power Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Power Act Amendments of 
1994''.

                TITLE I--PROJECTS IN THE STATE OF ALASKA

SEC. 101. STATE LICENSING JURISDICTION OVER SMALL PROJECTS.

    The Federal Power Act, as amended, (16 U.S.C. 791a et seq.) is 
further amended by adding the following at the end of section 23:
    ``(c) In the case of any project works in the State of Alaska--
            ``(1) that are not part of a project licensed under this 
        Act prior to the date of enactment of this subsection;
            ``(2) for which a license application has not been accepted 
        for filing by the Commission prior to the date of enactment of 
        this subsection (unless such application is withdrawn at the 
        election of the applicant);
            ``(3) having a power production capacity of 5,000 kilowatts 
        or less;
            ``(4) located entirely within the boundaries of a single 
        State; and
            ``(5) not located in whole or in part on any Indian 
        reservation, unit of the National Park System, component of the 
        Wild and Scenic Rivers System or segment of a river designated 
        for study for potential addition to such system, the State in 
        which such project works are located shall have the exclusive 
        authority to authorize such project works under State law, in 
        lieu of licensing by the Commission under the otherwise 
        applicable provisions of this part, effective upon the date on 
        which the Secretary of Energy determines, after notice and an 
        opportunity for public comment, that the State has assessed its 
        river resources in a comprehensive way and has in place a 
        process for regulating such projects which gives consideration 
        to the improvement or development of the State's waterways for 
        the use or benefit of intrastate, interstate, or foreign 
        commerce, for the improvement and use of waterpower 
        development, for the protection, mitigation of damage to, and 
        enhancement of fish and wildlife (including related spawning 
        grounds), and for other beneficial public uses, including 
        irrigation, flood control, water supply, recreational and other 
        purposes, and Indian rights, if applicable. Upon notice from 
        the Governor of the State, the Secretary of Energy shall 
        immediately initiate the process to make this determination, 
        and shall complete said process and make a determination within 
        180 days of such notice.
    ``(d) In the case of a project that would be subject to 
authorization by a State under subsection (c) but for the fact that the 
project has been licensed by the Commission prior to the enactment of 
subsection (c), the licensee of such project may in its discretion 
elect to make the project subject to the authorizing authority of the 
State.
    ``(e) With respect to projects located in whole or in part on 
Federal lands, State authorizations for project works pursuant to 
subsection (c) of this section shall be subject to the approval of the 
Secretary having jurisdiction with respect to such lands and subject to 
such terms and conditions as the Secretary may prescribe.
    ``(f) Nothing in subsection (c) shall preempt the application of 
Federal environment, natural, or cultural resources protection laws 
according to their terms.''.

SEC. 102. REMOVAL OF FEDERAL ENERGY REGULATORY COMMISSION JURISDICTION.

    The following projects located entirely within the State of Alaska 
are removed from the jurisdiction of the Federal Energy Regulatory 
Commission and all applicable laws and regulations relating to such 
jurisdiction--
            (1) a project located at Sitka, Alaska, identified in FERC 
        Docket No. UL89-08; and
            (2) a project located near Nondalton, Alaska, identified in 
        FERC Docket No. EL88-25.

              TITLE II--PROJECTS IN THE STATE OF ARKANSAS

SEC. 201. EXTENSION OF DEADLINE.

    That notwithstanding the time limitations of section 13 of the 
Federal Power Act, the Federal Energy Regulatory Commission, upon the 
request of the licensee for FERC projects numbered 4204, 4660 and 4659 
(and after reasonable notice), is authorized, in accordance with the 
good faith, due diligence and public interest requirements of such 
section 13 and the Commission's procedures under such section, to 
extend the time required for commencement of construction of the 
projects for a maximum of two years. This section shall take effect for 
the project upon the expiration of the extension (issued by the 
Commission under such section 13) of the period required for 
commencement of construction of such project.

               TITLE III--PROJECTS IN THE STATE OF HAWAII

SEC. 301. EXEMPTION FOR PROJECTS ON FRESH WATERS IN THE STATE OF 
              HAWAII.

    Section 4(e) of the Federal Power Act is amended by striking 
``several States, or upon'' and inserting ``several States (except 
fresh waters in the State of Hawaii, unless a license would be required 
by section 23 of the Act), or upon''.

                TITLE IV--PROJECTS IN THE STATE OF IDAHO

SEC. 401. EXTENSION OF DEADLINE.

    Notwithstanding the time limitation of section 13 of the Federal 
Power Act, the Federal Energy Regulatory Commission, upon the request 
of the licensee for FERC project numbered 4797, is authorized, in 
accordance with the good faith, due diligence, and public interest 
requirements of such section 13 and the Commission's procedures under 
such section, to extend until March 28, 2000 the time required for the 
licensee to commence the construction of such project.

               TITLE V--PROJECTS IN THE STATE OF ILLINOIS

SEC. 501. PROJECT NUMBER 3943.

    The Federal Energy Regulatory Commission is authorized and directed 
to reinstate effective August 16, 1994 the hydroelectric license 
previously issued for Project Number 3943. Within the meaning of 
section 13 of the Federal Power Act time required for the commencement 
of construction of such project shall be reinstated for not more than 3 
consecutive 2-year periods.

SEC. 502. PROJECT NUMBER 3944.

    The Federal Energy Regulatory Commission is authorized and directed 
to reinstate effective August 15, 1994 the hydroelectric license 
previously issued for Project Number 3944. Within the meaning of 
section 13 of the Federal Power Act time required for the commencement 
of construction of such project shall be extended for not more than 3 
consecutive 2-year periods.

              TITLE VI--PROJECTS IN THE STATE OF KENTUCKY

SEC. 601. EXTENSION OF DEADLINE.

    That notwithstanding the time limitations of section 13 of the 
Federal Power Act, the Federal Energy Regulatory Commission, upon the 
request of the licensee for FERC project numbered 10228 (and after 
reasonable notice), is authorized, in accordance with the good faith, 
due diligence and public interest requirements of such section 13 and 
the Commission's procedures under such section, to extend the time 
required for commencement of construction of the project for up to a 
maximum of three consecutive two-year periods. This section shall take 
effect for the project upon the expiration of the extension (issued by 
the Commission under such section 13) of the period required for 
commencement of construction of such project.

             TITLE VII--PROJECTS IN THE STATE OF NEW MEXICO

SEC. 701. EXEMPTION OF PORTION OF EL VADO HYDROELECTRIC PROJECT FROM 
              LICENSING REQUIREMENT OF PART I OF THE FEDERAL POWER ACT.

    (a) Part I of the Federal Power Act shall not be applicable to the 
portion of the El Vado Hydroelectric Project, New Mexico (FERC project 
numbered 5226) that is described in subsection (b).
    (b) The portion of the El Vado Hydroelectric Project referred to in 
subsection (a) consists of the 69 KV transmission line, including the 
right of way, which originates in the switchyard of such project and 
extends north to the Spills Switching Station operated by the Northern 
Rio Arriba Electric Cooperative, Inc., located in Rio Arriba County, 
New Mexico.

              TITLE VIII--PROJECTS IN THE STATE OF OREGON

SEC. 801. EXTENSION OF DEADLINE.

    The Federal Energy Regulatory Commission is authorized and directed 
to reinstate effective May 23, 1993 the hydroelectric license 
previously issued for project numbered 7829. Commencement of 
construction within the meaning of section 13 of the Federal Power Act 
shall commence within four years of the date of enactment of this 
section.

             TITLE IX--PROJECTS IN THE STATE OF WASHINGTON

SEC. 901. EXTENSION OF DEADLINE.

    Notwithstanding the time limitation of section 13 of the Federal 
Power Act, the Federal Energy Regulatory Commission, upon the request 
of the licensee for FERC project numbered 3701, is authorized, in 
accordance with the good faith, due diligence, and public interest 
requirements of such section 13 and the Commission's procedures under 
such section, to extend until May 31, 2000, the time required for the 
licensee to commence the construction of such project.

            TITLE X--PROJECTS IN THE STATE OF WEST VIRGINIA

SEC. 1001. EXTENSION OF DEADLINE.

    Notwithstanding the time period specified in section 13 of the 
Federal Power Act (16 U.S.C. 806) that would otherwise apply to the 
Federal Energy Regulatory Commission projects numbered 6901 and 6902, 
the Commission shall, upon the request of the licensee for such 
projects, in accordance with the good faith, due diligence and public 
interest requirements of such section 13 and the Commission's 
procedures under such section and the procedures specified in such 
section, extend the time period during which such licensee is required 
to commence of construction of such projects to terminate on October 3, 
1999. This section shall take effect for the projects upon the 
expiration of the extension (issued by the Commission under such 
section 13) of the period required for commencement of construction of 
such projects. If the license issued for project numbered 6902 should 
expire prior to the date of enactment of this Act, the Commission is 
authorized and directed to reinstate effective October 15, 1994, the 
license previously issued for such project and to extend the time 
required for the commencement of construction of such project until 
October 3, 1999.

            TITLE XI--PROJECTS IN THE STATE OF PENNSYLVANIA

SEC. 1101. EXTENSION OF DEADLINE.

    Notwithstanding the time limitations of section 13 of the Federal 
Power Act, the Federal Energy Regulatory Commission, upon the request 
of the licensee for project number 4474, is authorized, in accordance 
with the good faith, due diligence, and public interest requirements of 
section 13 and the Commission's procedures under such section, to 
extend until April 15, 2001, the time required for the licensee to 
commence construction of such project.

            Passed the Senate October 5 (legislative day, September 
      12), 1994.

            Attest:






                                                             Secretary.