[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 737 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 100

104th CONGRESS

  1st Session

                                 S. 737

                          [Report No. 104-77]

_______________________________________________________________________

                                 A BILL

 To extend the deadlines applicable to certain hydroelectric projects, 
                        and for other purposes.

_______________________________________________________________________

               April 27 (legislative day, April 24), 1995

                         Placed on the calendar





                                                       Calendar No. 100
104th CONGRESS
  1st Session
                                 S. 737

                          [Report No. 104-77]

 To extend the deadlines applicable to certain hydroelectric projects, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 27 (legislative day, April 24), 1995

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
 To extend the deadlines applicable to certain hydroelectric projects, 
                        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 
1995''.

SEC. 2. EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE FOR CERTAIN 
              HYDROELECTRIC PROJECTS LOCATED IN THE STATE OF WEST 
              VIRGINIA.

    (a) In General.--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 those projects, in accordance with the good faith, due 
diligence, and public interest requirements of that section, the 
Commission's procedures under that section, and the procedures 
specified in that section, extend the time period during which the 
licensee is required to commence construction of those projects so as 
to terminate on October 3, 1999.
    (b) Applicability.--Subsection (a) shall take effect for the 
projects upon the expiration of the extension, issued by the Commission 
under section 13 of the Federal Power Act (16 U.S.C. 806), of the 
period required for commencement of construction of the projects.
    (c) Reinstatement of Expired License.--If a license for a project 
described in subsection (a) has expired prior to the date of enactment 
of this Act, the Commission shall reinstate the license effective as of 
the date of its expiration and extend the time required for 
commencement of construction of the project until October 3, 1999.

SEC. 3. EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE FOR A 
              HYDROELECTRIC PROJECT LOCATED IN THE STATE OF KENTUCKY.

    (a) In General.--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 project 
numbered 10228, the Commission may, at the request of the licensee for 
the project and after reasonable notice, in accordance with the good 
faith, due diligence, and public interest requirements of that section 
and the Commission's procedures under that section, extend the time 
period during which the licensee is required to commence the 
construction of the project, under the extension described in 
subsection (b), for not more than 3 consecutive 2-year periods.
    (b) Effective Date.--This section shall take effect on the date of 
the expiration of the extension of the period required for commencement 
of construction of the project described in subsection (a) that the 
Commission issued, prior to the date of enactment of this Act, under 
section 13 of the Federal Power Act (16 U.S.C. 806).

SEC. 4. EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE FOR A 
              HYDROELECTRIC PROJECT LOCATED IN THE STATE OF WASHINGTON.

    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 No. 3701, 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 May 31, 2001, the time required for the licensee to 
commence the construction of such project. This section shall take 
effect for the project upon the expiration of the extension (issued by 
the Commission under section 13) of the period required for 
commencement of construction of such project. If the license for FERC 
Project 3701 should expire prior to the date of enactment of this Act, 
the Commission is authorized and directed to reinstate effective June 
1, 1995, the license previously issued for such project, to extend 
until May 31, 2001, the time required for the licensee to commence the 
construction of such project.

SEC. 5. EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE FOR A 
              HYDROELECTRIC PROJECT LOCATED IN THE STATE OF OREGON.

    Notwithstanding the expiration of the permit and 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 project numbered 7829, the Commission shall, at the request 
of the licensee for the project, reinstate the permit effective May 23, 
1993, and extend the time period during which the licensee is required 
to commence the construction of the project to the date that is 4 years 
after the date of enactment of this Act.

SEC. 6. EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE FOR CERTAIN 
              HYDROELECTRIC PROJECTS LOCATED IN THE STATE OF ARKANSAS.

    Notwithstanding the time limitations of section 13 of the Federal 
Power Act (16 U.S.C. 806), 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 
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 three consecutive two-year periods. This 
section shall take effect for the project upon the expiration of the 
extension (issued by the Commission under section 13) of the period 
required for commencement of such project.

SEC. 7. LIMITED EXEMPTION TO HYDROELECTRIC LICENSING PROVISIONS FOR 
              TRANSMISSION FACILITIES ASSOCIATED WITH THE EL VADO 
              HYDROELECTRIC PROJECT.

    (a) Exemption.--Part I of the Federal Power Act, and the 
jurisdiction of the Federal Energy Regulatory Commission under such 
part I, shall not apply to the transmission line facilities associated 
with the El Vado Hydroelectric Project (FERC Project No. 5226-002) 
which are described in subsection (b).
    (b) Facilities Covered by Exemption.--The facilities to which the 
exemption under subsection (a) applies are those transmission 
facilities located near the Rio Chama, a tributary of the Rio Grande, 
in Rio Arriba County, New Mexico, referred to as the El Vado 
transmission line, a three phase 12-mile long 69 kV power line 
installed within a 50-foot wide right-of-way in Rio Arriba County, New 
Mexico, originating at the El Vado Project's switchyard and connecting 
to the Spills 69 kV Switching Station operated by the Northern Arriba 
Electric Cooperative, Inc.

SEC. 8. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS.

    The Federal Power Act, as amended, (16 U.S.C. 1791a 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 the State 
        of Alaska; 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 of Alaska 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 Governor of the State of Alaska 
notifies the Secretary of Energy that the State has in place a process 
for regulating such projects which gives appropriate 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 adequate 
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.
    ``(d) In the case of a project that would be subject to 
authorization by the 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. 9. FERC VOLUNTARY LICENSING OF HYDROELECTRIC 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''.