[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 316 Reported in Senate (RS)]
Calendar No. 123
113th CONGRESS
1st Session
H. R. 316
[Report No. 113-69]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2013
Received; read twice and referred to the Committee on Energy and
Natural Resources
June 27, 2013
Reported by Mr. Wyden, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To reinstate and transfer certain hydroelectric licenses and extend the
deadline for commencement of construction of certain hydroelectric
projects.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Collinsville Renewable
Energy Promotion Act''.</DELETED>
<DELETED>SEC. 2. REINSTATEMENT OF EXPIRED LICENSES AND EXTENSION OF
TIME TO COMMENCE CONSTRUCTION OF PROJECTS.</DELETED>
<DELETED> Subject to section 4 of this Act and notwithstanding the
time period under section 13 of the Federal Power Act (16 U.S.C. 806)
that would otherwise apply to Federal Energy Regulatory Commission
projects numbered 10822 and 10823, the Federal Energy Regulatory
Commission (referred to in this Act as the ``Commission'') may--
</DELETED>
<DELETED> (1) reinstate the license for either or each of
those projects; and</DELETED>
<DELETED> (2) extend for 2 years after the date on which
either or each project is reinstated under paragraph (1) the
time period during which the licensee is required to commence
the construction of such projects.</DELETED>
<DELETED>Prior to reaching any final decision under this section, the
Commission shall provide an opportunity for submission of comments by
interested persons, municipalities, and States and shall consider any
such comment that is timely submitted.</DELETED>
<DELETED>SEC. 3. TRANSFER OF LICENSES TO THE TOWN OF CANTON,
CONNECTICUT.</DELETED>
<DELETED> Notwithstanding section 8 of the Federal Power Act (16
U.S.C. 801) or any other provision thereof, if the Commission
reinstates the license for, and extends the time period during which
the licensee is required to commence the construction of, a Federal
Energy Regulatory Commission project under section 2, the Commission
shall transfer such license to the town of Canton,
Connecticut.</DELETED>
<DELETED>SEC. 4. ENVIRONMENTAL ASSESSMENT.</DELETED>
<DELETED> (a) Definition.--For purposes of this section, the term
``environmental assessment'' shall have the same meaning as is given
such term in regulations prescribed by the Council on Environmental
Quality that implement the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).</DELETED>
<DELETED> (b) Environmental Assessment.--Not later than 180 days
after the date of enactment of this Act, the Commission shall complete
an environmental assessment for Federal Energy Regulatory Commission
projects numbered 10822 and 10823, updating, to the extent necessary,
the environmental analysis performed during the process of licensing
such projects.</DELETED>
<DELETED> (c) Comment Period.--Upon issuance of the environmental
assessment required under subsection (b), the Commission shall--
</DELETED>
<DELETED> (1) initiate a 30-day public comment period;
and</DELETED>
<DELETED> (2) before taking any action under section 2 or
3--</DELETED>
<DELETED> (A) consider any comments received during
such 30-day period; and</DELETED>
<DELETED> (B) incorporate in the license for the
projects involved, such terms and conditions as the
Commission determines to be necessary, based on the
environmental assessment performed and comments
received under this section.</DELETED>
<DELETED>SEC. 5. DEADLINE.</DELETED>
<DELETED> Not later than 270 days after the date of enactment of
this Act, the Commission shall--</DELETED>
<DELETED> (1) make a final decision pursuant to paragraph
(1) of section 2; and</DELETED>
<DELETED> (2) if the Commission decides to reinstate one or
both of the licenses under such paragraph and extend the
corresponding deadline for commencement of construction under
paragraph (2) of such section, complete the action required
under section 3.</DELETED>
<DELETED>SEC. 6. PROTECTION OF EXISTING RIGHTS.</DELETED>
<DELETED> Nothing in this Act shall affect any valid license issued
by the Commission under section 4 of the Federal Power Act (16 U.S.C.
797) on or before the date of enactment of this Act or diminish or
extinguish any existing rights under any such license.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collinsville Renewable Energy
Production Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) License.--The term ``license'' means--
(A) the license for Commission project number
10822;
(B) the license for Commission project number
10823; or
(C) both.
(3) Town.--The term ``Town'' means the town of Canton,
Connecticut.
SEC. 3. REINSTATEMENT, EXTENSION, AND TRANSFER OF EXPIRED LICENSES.
Notwithstanding the termination of the license, the Commission may,
at the request of the Town, in accordance with section 4(a), and after
reasonable notice--
(1) reinstate the licence;
(2) extend for 2 years after the date on which the license
is reinstated the time period during which the licensee is
required to commence the construction of the project subject to
the license; and
(3) subject to section 4, transfer the license to the Town.
SEC. 4. CONDITIONS OF TRANSFER.
(a) Application for Transfer.--The Town may request the
reinstatement, extension, and transfer of the license by filing an
application for approval of the transfer.
(b) Contents of Application.--The application for approval of the
transfer shall set forth in appropriate detail the qualifications of
the Town to hold the license and to operate the property under license,
which qualifications shall be the same as those required of applicants
for the license.
(c) Commission Approval.--The Commission may approve the transfer
on a showing that the transfer is in the public interest.
(d) Terms and Conditions of Licenses.--The Town shall be subject
to--
(1) all the conditions of the license and all the
provisions and conditions of the Federal Power Act (16 U.S.C.
791a et seq.), as though the Town were the original licensee;
and
(2) any additional terms and conditions the Commission
determines to be necessary, including conditions for the
protection, mitigation, and enhancement of fish and wildlife
and related habitat under sections 10(j) and 18 of the Federal
Power Act (16 U.S.C. 803(j), 811).
SEC. 5. ADMINISTRATION.
The Commission shall supplement the environmental impact statement
or similar analysis required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) prepared in connection with the
issuance of the original license to examine all new circumstances and
information relevant to environmental concerns and bearing on the
reinstatement of the license or the impact of the license.
Calendar No. 123
113th CONGRESS
1st Session
H. R. 316
[Report No. 113-69]
_______________________________________________________________________
AN ACT
To reinstate and transfer certain hydroelectric licenses and extend the
deadline for commencement of construction of certain hydroelectric
projects.
_______________________________________________________________________
June 27, 2013
Reported with an amendment