[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 439 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 439

   To provide for Alaska State jurisdiction over small hydroelectric 
 projects, to address voluntary licensing of hydroelectric projects on 
   fresh waters in the State of Hawaii, to provide an exemption for 
portion of a hydroelectric project located in the State of New Mexico, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 1997

   Mr. Murkowski (for himself, Mr. Akaka, Mr. Domenici, and Mr. Kyl) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources.

_______________________________________________________________________

                                 A BILL


 
   To provide for Alaska State jurisdiction over small hydroelectric 
 projects, to address voluntary licensing of hydroelectric projects on 
   fresh waters in the State of Hawaii, to provide an exemption for 
portion of a hydroelectric project located in the State of New Mexico, 
                        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. 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 preliminary permit or 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        application is withdrawn at the election of the applicant);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) that have a power production capacity of 5,000 
        kilowatts or less;
            ``(4) that are located entirely within the boundaries of 
        the State of Alaska; and
            ``(5) that are 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. 2. 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''.

SEC. 3. LIMITED EXEMPTION FOR TRANSMISSION FACILITIES ASSOCIATED WITH 
              THE EL VADO HYDROELECTRIC PROJECT.

    (a) 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) which are described in 
subsection (b).
    (b) 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. 4. FERC EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE FOR 
              HYDROELECTRIC PROJECTS.

    The second sentence in section 13 of the Federal Power Act (15 
U.S.C. 806) is amended to read as follows: ``The period for the 
commencement of construction may be extended by the Commission for not 
longer than ten years from the issuance date of the license when not 
incompatible with the public interest, and the period for the 
completion of construction carried on in good faith and with reasonable 
diligence may be extended by the Commission when not incompatible with 
the public interest.''.
                                 <all>