[Congressional Record Volume 141, Number 76 (Tuesday, May 9, 1995)]
[Extensions of Remarks]
[Page E977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


      EXPLANATION OF AMENDMENT TO BE OFFERED TO THE CLEAN AIR ACT

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                            HON. RANDY TATE

                             of washington

                    in the house of representatives

                          Tuesday, May 9, 1995
  Mr. TATE. Mr. Speaker, earlier today I had preprinted in the 
Congressional Record an amendment offered by myself, and my 
distinguished colleague, Representative Mike Parker, to H.R. 961, the 
Clean Water Amendments of 1995.
  The explanation follows:
  amendment to h.r. 961 to resolve the tacoma case by including state 
     water quality recommendations in the ferc licensing process--
                              explanation

       The purpose of this amendment is to address the serious 
     concerns that the Supreme Court's 1994 Tacoma decision are 
     creating for the nation's hydropower projects. These projects 
     are the leading source of clean, renewable electric energy in 
     this country. But they are operating under a cloud because 
     the Supreme Court has interpreted the Clean Water Act, in 
     particular section 401 of the Act, so broadly as to 
     effectively supersede the Federal Energy Regulatory 
     Commission (FERC)'s licensing authority over the projects 
     under the Federal Power Act.
       This amendment would rectify that situation. It directs 
     state water quality agencies to provide their Clean Water Act 
     recommendations--for hydropower projects under the 
     Commission's jurisdiction--to the Commission to consider 
     under the Federal Power Act. Section 10(a) of the Federal 
     Power Act requires FERC to conduct a lengthy, comprehensive 
     review of both proposed hydropower projects and existing 
     projects upon relicensing. That review focuses heavily on the 
     potential environmental impacts of each project and best ways 
     to mitigate or avoid those impact. Furthermore, section 10(a) 
     specifically requires the Commission to take into account the 
     recommendations of state and federal agencies, Indian tribes, 
     and the public. Therefore, in the context of hydropower 
     projects under FERC's jurisdiction, it makes sense to fold 
     state water quality agency recommendations into the 
     comprehensive licensing process that already exists under the 
     Federal Power Act. This amendment accomplishes that 
     objective.
     

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