[Congressional Record Volume 141, Number 76 (Tuesday, May 9, 1995)]
[Extensions of Remarks]
[Pages E981-E982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


              AN AMENDMENT TO RESOLVE THE TACOMA DECISION

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                           HON. BILL EMERSON

                              of missouri

                         HON. BILL K. BREWSTER

                              of oklahoma

                    in the house of representatives

                          Tuesday, May 9, 1995
  Mr. EMERSON. Mr. Speaker, the purpose of this amendment is to resolve 
the friction and conflict that the Clean Water Act, as interpreted by 
the Supreme Court in its 1994 Tacoma decision, is creating with the 
Federal Power Act. 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's licensing 
authority over hydropower projects under the Federal Power Act. This 
amendment would rectify that situation by exempting hydropower projects 
from regulation under the Clean Water Act.
  The Federal Energy Regulatory Commission already conducts a 
comprehensive review of proposed new hydropower projects when first 
[[Page E982]] deciding whether to issue a license and again upon 
relicensing. That review takes into account the inputs of state and 
federal agencies, Indian tribes, and the public. The review also 
carefully evaluates and addresses the potential environmental impacts 
of each proposed and existing project. Therefore, in the context of 
hydropower projects under the Commission's jurisdiction, there is no 
need for the additional, duplicative layer of regulation that the Clean 
Water Act now creates. This amendment eliminates the duplicative layer 
of federal regulation.


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