[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1413 Introduced in Senate (IS)]


104th CONGRESS
  1st Session
                                S. 1413

  To amend the Federal Water Pollution Control Act to require that an 
application to the Federal Energy Regulatory Commission for a license, 
  license amendment, or permit for an activity that will result in a 
withdrawal by a State or political subdivision of a State of water from 
  a lake that is situated in 2 States shall not be granted unless the 
   Governor of the State in which more than 50 percent of the lake, 
   reservoir, or other body of water is situated certifies that the 
  withdrawal will not have an adverse effect on the environment in or 
             economy of that State, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 1995

  Mr. Helms (for himself and Mr. Faircloth) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Water Pollution Control Act to require that an 
application to the Federal Energy Regulatory Commission for a license, 
  license amendment, or permit for an activity that will result in a 
withdrawal by a State or political subdivision of a State of water from 
  a lake that is situated in 2 States shall not be granted unless the 
   Governor of the State in which more than 50 percent of the lake, 
   reservoir, or other body of water is situated certifies that the 
  withdrawal will not have an adverse effect on the environment in or 
             economy of that State, 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 ``Lake Gaston Protection Act of 
1995''.

SEC. 2. WITHDRAWALS OF WATER FROM LAKES SITUATED IN 2 STATES.

    (a) In General.--Section 401(a)(2) of the Federal Water Pollution 
Control Act (33 U.S.C. 1341(a)(2)) is amended--
            (1) by striking ``(2) Upon receipt'' and inserting the 
        following:
            ``(2) Action by the administrator.--
                    ``(A) In general.--On Receipt''; and
            (2) by adding at the end the following:
                    ``(B) Lakes situated in 2 states.--
                            ``(i) Certification of no adverse effect.--
                        Except as provided in clause (ii), in the case 
                        of an application to the Federal Energy 
                        Regulatory Commission for a license, license 
                        amendment, or permit for an activity that will 
                        result directly or indirectly in the withdrawal 
                        by a State or political subdivision of a State 
                        of water from a lake, reservoir, or similar 
                        body of water that is situated in 2 (and not 
                        more than 2) States, the Commission shall not 
                        grant the license, license amendment, or permit 
                        unless the Governor of the State in which more 
                        than 50 percent of the lake, reservoir, or 
                        other body of water is situated certifies that 
                        the withdrawal will not adversely affect the 
                        environment in or the economy of that State.
                            ``(ii) Exception.--Clause (i) does not 
                        apply to an application for a license, license 
                        amendment, or permit for an activity that will 
                        occur with or affect waters located within a 
                        river basin that is subject to an interstate 
                        compact, decree of the Supreme Court, or Act of 
                        Congress that specifically allocates the rights 
                        to use the water that is the subject of the 
                        application.''.
    (b) Retroactive Effect.--The amendment made by subsection (a) shall 
apply to any application made on or after January 1, 1991, unless the 
application has been granted and is no longer subject to judicial 
review.
                                 <all>