[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 306 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 306

   To provide certain requirements for hydroelectric projects on the 
     Mohawk River in the State of New York, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2007

  Mr. Schumer introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To provide certain requirements for hydroelectric projects on the 
     Mohawk River 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. SHORT TITLE.

    This Act may be cited as the ``Mohawk River Hydroelectric Projects 
Licensing Act of 2007''.

SEC. 2. LICENSING OF MOHAWK RIVER HYDROELECTRIC PROJECTS.

    (a) In General.--If a hydroelectric project on the Mohawk River in 
the State of New York has been operating under annual licenses for 10 
or more years, the Federal Energy Regulatory Commission (referred to in 
this Act as the ``Commission''), shall not issue a new license for the 
project until the Commission issues a public notice that the Commission 
will accept other valid license applications, including nonpower 
license applications under section 15(f), to develop or dispose of the 
project works or water resources subject to the license. If other valid 
license applications are submitted in accordance with subsection (b) or 
if the Commission has issued a new license that is not yet final, the 
Commission shall not issue or accept a new license for the project 
until the Commission approves a project in accordance with subsection 
(c).
    (b) Application Requirements.--To be valid, a license application 
submitted under subsection (a) shall be--
            (1) in an appropriate form, as determined by the 
        Commission, in accordance with regulations of the Commission; 
        and
            (2) submitted to the Commission not later than July 31, 
        2007.
    (c) Processing; Approval.--As soon as practicable after July 31, 
2007, the Commission shall--
            (1) expeditiously process any pending valid license 
        applications in accordance with subsections (a) and (c) of 
        section 15 of the Federal Power Act (16 U.S.C. 808); and
            (2) approve a project supported by a valid license 
        application and issue a license only if the Commission 
        determines that the licensed project will best develop the 
        affected water resources, consistent with section 10(a) of the 
        Federal Power Act (16 U.S.C. 803(a)).
    (d) License Conditions.--Any new power license issued for a project 
described in subsection (a) shall include the same license conditions 
relating to the use of affected waters provided in articles 32 and 33 
of the license included in Potomac Light & Power Company, Project No. 
2343, 32 F.P.C. 584, 588 (1964).
    (e) Applicability.--This Act shall be applicable to any 
hydroelectric project as described in section 2(a) above, including a 
project for which a new license has been issued at the time of this Act 
but which has not yet become final under law, or for which there are 
pending judicial appeals, or for which the time has not yet lapsed for 
filing such appeals, or for which there is a pending appeal of the 
Clean Water Act section 401 Water Quality Certificate. For all such 
projects, the Commission shall take all necessary action to provide an 
opportunity for the filing and consideration by the Commission of all 
valid license applications by any entity, including the current 
licensee, to update the record and application, consistent with this 
section, so that the fullest use of the waters of the Mohawk will 
result, consistent with the standards of sections 4(e), 10(a)(1), and 
15(a) of the Federal Power Act.
                                 <all>