[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1866 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1866

  To reinstate and transfer a hydroelectric license under the Federal 
   Power Act to permit the redevelopment of a hydroelectric project 
       located in the State of New York, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2003

  Mr. Sweeney (for himself and Mr. McNulty) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

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                                 A BILL


 
  To reinstate and transfer a hydroelectric license under the Federal 
   Power Act to permit the redevelopment of a hydroelectric project 
       located in the State of New York, 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. FINDINGS.

    The Congress finds that actions by the Federal Energy Regulatory 
Commission (FERC) leading to the acceptance and approval of the 
surrender of a hydroelectric license for Project No. 6032, including, 
but not limited to, the FERC's failure to ensure, during the effective 
period of the issued hydroelectric license, that the project's 
facilities were adequately maintained and operated, prevented the 
project from generating electricity and thereby wasted the hydraulic 
potential of waters of the United States.

SEC. 2. REINSTATEMENT AND TRANSFER.

    (a) Reinstatement and Transfer of Federal License for Project 
Numbered 6032.--Notwithstanding section 8 of the Federal Power Act (16 
U.S.C. 801) or any other provision thereof the FERC is directed to 
reinstate the license for Project No. 6032 and to transfer the license, 
without delay or the institution of any proceedings, to any prior 
licensee for Project No. 6032 who has not been ordered by the New York 
Public Service Commission to divest its generation facilities, with a 
license term of fifty years running from the date of transfer, within 
30 days of enactment of this Act. All deadlines established under the 
license, including without limitation the deadlines for acquisition of 
project property and for commencement of construction, shall run from 
the date of transfer.
    (b) Hydroelectric Incentives.--Project No. 6032 shall be entitled 
to the full benefit of any legislation passed by Congress that promotes 
hydroelectric development within 2 years either before or after this 
Act's effective date.
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