[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[Senate]
[Page S11559]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                THE FEDERAL POWER ACT AMENDMENTS OF 1996

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                      MURKOWSKI AMENDMENT NO. 5412

  Mr. NICKLES (for Mr. Murkowski) proposed an amendment to the bill (S. 
737) to extend the deadlines applicable to certain hydroelectric 
projects, and for other purposes; as follows:

       Beginning of page 2 line 1 through page 6 line 6, strike 
     section 2, 3, 4, 5 and 6, and renumber subsequent section 
     accordingly.
       On page 9, following line 17, add the following new section

     ``SEC. 5. EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE 
                   CERTAIN HYDROELECTRIC PROJECTS LOCATED IN 
                   ILLINOIS.

       ``(A) Project Number 3943.--
       ``(1) Notwithstanding the time limitations of section 13 of 
     the Federal Power Act, the Federal Energy Regulatory 
     Commission, upon the request of the licensee for project 
     number 3943 (and after reasonable notice), may extend the 
     time required for commencement of construction of such 
     project for not more than 3 consecutive 2-year periods, in 
     accordance with paragraphs (2) and (3).
       ``(2) An extension may be granted under paragraph (1) only 
     in accordance with--
       ``(A) the good faith, due diligence, and public interest 
     requirements contained in section 13 of the Federal Power 
     Act; and
       ``(B) the procedures of the Federal Energy Regulatory 
     Commission under such section.
       ``(3) This subsection shall take effect for project number 
     3943 upon the expiration of the extension of the period 
     required for commencement of construction of such project 
     issued by the Federal Energy Regulatory Commission under 
     section 13 of the Federal Power Act.
       ``(b) Project Number 3944.--
       ``(1) Notwithstanding the time limitations of section 13 of 
     the Federal Power Act, the Federal Energy Regulatory 
     Commission, upon the request of the licensee for FERC project 
     number 3944 (and after reasonable notice), may extend the 
     time required for commencement of construction of such 
     project for not more than 3 consecutive 2-year periods, in 
     accordance with paragraphs (2) and (3).
       ``(2) An extension may be granted under paragraph (1) only 
     in accordance with-
       ``(A) the good faith, due diligence, and public interest 
     requirements contained in section 13 of the Federal Power 
     Act; and
       ``(B) the procedures of the Commission under such section.
       ``(3) This subsection shall take effect for project number 
     3944 upon the expiration of the extension of the period 
     required for commencement of construction of such project 
     issued by the Commission under section 13 of the Federal 
     Power Act.

     ``SEC. 6. REFURBISHMENT AND CONTINUED OPERATION OF A 
                   HYDROELECTRIC FACILITY IN MONTANA

       ``Notwithstanding section 10(e)(1) of the Federal Power Act 
     or any other law requiring payment to the United States of an 
     annual or other charge for the use, occupancy, and enjoyment 
     of land by the holder of a license issued by the Federal 
     Energy Regulatory Commission under Part I of the Federal 
     Power Act, a political subdivision of the State of Montana 
     that accepts the terms and conditions of a license for 
     Federal Energy Regulatory Commission project number 1473 in 
     Granite County and Deer Lodge County, Montana--
       ``(a) shall not be required to pay any such charge with 
     respect to the 5-year period following the date of 
     acceptance; and
       ``(b) after that 5-year period and for so long as the 
     political subdivision holds the license, shall be required to 
     pay such charges under section 10(e)(1) of the Federal Power 
     Act or any other law for the use, occupancy, and enjoyment of 
     the land covered by the license as the Federal Energy 
     Regulatory Commission or any other federal agency may assess, 
     not to exceed a total of $20,000 for any year.''.
     
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