[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 829 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 829

 To amend the Federal Power Act to make certain changes in provisions 
  relating to National Interest Transmission Corridors, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2007

  Mr. Wolf (for himself, Mr. Hinchey, Mr. Tom Davis of Virginia, Mr. 
    Grijalva, Mr. Arcuri, and Mr. Hall of New York) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Power Act to make certain changes in provisions 
  relating to National Interest Transmission Corridors, 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 ``National Interest Electric 
Transmission Corridor Clarification Act''.

SEC. 2. AMENDMENT OF FEDERAL POWER ACT.

    Section 216 of the Federal Power Act is amended as follows:
            (1) In paragraph (4) of subsection (a), by amending 
        subparagraph (C) to read as follows:
                    ``(C) the designation would consider potential 
                impacts on natural values and special places considered 
                to be in the national interest;''.
            (2) By adding the following at the end of subsection (a):
            ``(5) Before making any designation of a national interest 
        electric transmission corridor under this subsection, the 
        Secretary shall conduct, and publish the results of, a thorough 
        analysis of all alternatives measures, considered individually 
        and in concert, that could be implemented to address the energy 
        transmission constraints or congestion concerned, including an 
        analysis of demand reduction, available new technology, and 
        distributed generation measures that could be taken. The 
        Secretary shall provide a reasonable opportunity for public 
        comment on the analysis.
            ``(6) No designation of a national interest electric 
        transmission corridor under this subsection may encompass any 
        lands on which development is prohibited or limited under any 
        Federal or State law in order to protect scenic, natural, 
        cultural, or historic resources, including any park or historic 
        battlefield sites designated as such under Federal or State law 
        and resources within one mile of their respective 
        boundaries.''.
            (3) In subsection (b)(1), by striking the ``or'' at the end 
        of subparagraph (B) and by striking subparagraph (C) and 
        inserting the following:
                    ``(C) a State commission or other State entity with 
                authority to approve the siting of facilities has 
                disapproved the siting pursuant to a State decision 
                that the Commission finds to have been arbitrary or 
                capricious or otherwise an abuse of discretion; or
                    ``(D) a State commission or other State entity with 
                authority to approve the siting of facilities has 
                unreasonably withheld or delayed making a decision 
                regarding the siting of the proposed facilities for at 
                least one year after the filing of the permit 
                application.''.
            (4) In subsection (c), by adding the following new 
        paragraph at the end thereof:
            ``(3) Each permit application shall include an engineering 
        study of the feasibility of placing the line underground.''.
            (5) By adding the following in paragraph (1) of subsection 
        (f) after the period at the end thereof: ``A diminution of 10 
        percent or more in the value of any property which results from 
        the right-of-way and the construction of electric transmission 
        facilities on the right-of-way shall be treated as a taking of 
        property for purposes of this subsection.''.
            (6) In subsection (h)(5)(A), by striking out ``As'' and 
        inserting ``Each agency shall issue its own record of decision 
        in order to ensure that the agency's environmental review is in 
        compliance with the statutory mandates and regulatory 
        requirements applicable to actions by that agency. As''
            (7) By repealing paragraph (6) of subsection (h).

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 of this Act shall take effect with 
respect to any national interest electric transmission corridor 
designated under section 216 of the Federal Power Act after February 5, 
2007.
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