II 110th CONGRESS 1st Session S. 306 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.

1.

Short title

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

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.