[Congressional Record Volume 141, Number 85 (Monday, May 22, 1995)]
[Extensions of Remarks]
[Pages E1091-E1092]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                     CLEAN WATER AMENDMENTS OF 1995

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                               speech of

                           HON. DAN SCHAEFER

                              of colorado

                    in the house of representatives

                         Tuesday, May 16, 1995

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 961) to 
     amend the Federal Water Pollution Control Act:

  Mr. SCHAEFER. Mr. Chairman, I rise in support of the amendment 
offered by the gentleman from Texas [Mr. Laughlin].
  This amendment is intended to resolve a potentially serious conflict 
between two Federal statutes: the Federal Power Act, which gives the 
Federal Energy Regulatory Commission [FERC] the authority to regulate 
hydroelectric generation facilities; and the Clean Water Act, which 
regulates water quality related to such facilities.
  Being from the West, I have always been a strong supporter of States' 
rights. State and local governments, in my opinion, generally have a 
better perspective on local needs and desires than the bureaucrats in 
Washington do. So I generally have a fairly negative view of measures 
which would take away from the power of the States.
  This amendment takes on this very difficult issue in the conflict 
between the Clean Water Act and the Federal Power Act. The current 
situation is not a positive one, with an unclear division of final 
decisionmaking.
  As chairman of the Energy and Power Subcommittee, it is clear to me 
that a clear decisionmaking process is needed. The electric power 
generated by a hydro project can often serve several States, over 
several hundred miles of transmission lines. Clearly, it is the role 
and the responsibility of the Federal Government to ensure that this 
interstate system works efficiently and reliably.
  Under the Federal Power Act, the Federal Energy Regulatory Commission 
is tasked with this role. It makes sense that, as with any other issue 
affecting FERC licensing, Clean Water Act decisions would also be 
subject to a process by which FERC would exercise its authorities in a 
consistent manner.
  This amendment, I believe, accomplishes this objective. It retains a 
strong role for State involvement. I could not support the amendment if 
I thought the case were otherwise. It also clears up the current fog 
which exists between FERC and the States, and comports 
[[Page E1092]] Clean Water Act decisions with the clear intent of the 
Federal Power Act. I urge the adoption of the amendment.


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