[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[Senate]
[Pages S11572-S11573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FEDERAL POWER ACT AMENDMENTS

  Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 100, S. 737.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 737) to extend the deadlines applicable to 
     certain hydroelectric projects, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 5412

  Mr. NICKLES. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Nickles], for Mr. Murkowski, 
     proposes an amendment numbered 5412.

  Mr. NICKLES. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

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

     ``SEC. 5. EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE 
                   FOR 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.''.

  Mr. NICKLES. I ask unanimous consent that the amendment No. 5412 
offered by Senator Murkowski be agreed to, the bill be deemed read the 
third time, and passed, the motion to reconsider be laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5412) was agreed to.
  The bill (S. 737), as amended, was deemed read the third time, and 
passed, as follows:

                                 S. 737

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Power Act Amendments 
     of 1996''.

     SEC. 2. LIMITED EXEMPTION TO HYDROELECTRIC LICENSING 
                   PROVISIONS FOR TRANSMISSION FACILITIES 
                   ASSOCIATED WITH THE EL VADO HYDROELECTRIC 
                   PROJECT.

       (a) Exemption.--Part I of the Federal Power Act, and the 
     jurisdiction of the Federal Energy Regulatory Commission 
     under such part I, shall not apply to the transmission line 
     facilities associated with the El Vado Hydroelectric Project 
     (FERC Project No. 5226-002) which are described in subsection 
     (b).
       (b) Facilities Covered by Exemption.--The facilities to 
     which the exemption under subsection (a) applies are those 
     transmission facilities located near the Rio Chama, a 
     tributary of the Rio Grande, in Rio Arriba County, New 
     Mexico, referred to as the El Vado transmission line, a three 
     phase 12-mile long 69 kV power line installed within a 50-
     foot wide right-of-way in Rio Arriba County, New Mexico, 
     originating at the El Vado Project's switchyard and 
     connecting to the Spills 69 kV Switching Station operated by 
     the Northern Arriba Electric Cooperative, Inc.

     SEC. 3. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC 
                   PROJECTS.

       The Federal Power Act, as amended, (16 U.S.C. 1791a et 
     seq.) is further amended by adding the following at the end 
     of section 23:
       ``(c) In the case of any project works in the State of 
     Alaska--
       ``(1) that are not part of a project licensed under this 
     Act prior to the date of enactment of this subsection;
       ``(2) for which a license application has not been accepted 
     for filing by the Commission prior to the date of enactment 
     of this subsection (unless such application is withdrawn at 
     the election of the applicant);
       ``(3) having a power production capacity of 5,000 kilowatts 
     or less;
       ``(4) located entirely within the boundaries of the State 
     of Alaska; and
       ``(5) not located in whole or in part on any Indian 
     reservation, unit of the National Park System, component of 
     the Wild and Scenic Rivers System or segment of a river 
     designated for study for potential addition to such system,

     the State of Alaska shall have the exclusive authority to 
     authorize such project works under State law, in lieu of 
     licensing by the Commission under the otherwise applicable 
     provisions of this part, effective upon the date on which the 
     Governor of the State of Alaska notifies the Secretary of 
     Energy that the State has in place a process for regulating 
     such projects which gives appropriate consideration to the 
     improvement or development of the State's waterways for the 
     use or benefit of intrastate, interstate, or foreign 
     commerce, for the improvement and use of waterpower 
     development, for the adequate protection, mitigation of 
     damage to, and enhancement of fish and wildlife (including 
     related spawning grounds), and for other beneficial public 
     uses, including irrigation, flood control, water supply, 
     recreational and other purposes, and Indian rights, if 
     applicable.
       ``(d) In the case of a project that would be subject to 
     authorization by the State under subsection (c) but for the 
     fact that the project has been licensed by the Commission 
     prior to the enactment of subsection (c), the licensee of 
     such project may in its discretion elect to make the project 
     subject to the authorizing authority of the State.
       ``(e) With respect to projects located in whole or in part 
     on Federal lands, State authorizations for project works 
     pursuant to

[[Page S11573]]

     subsection (c) of this section shall be subject to the 
     approval of the Secretary having jurisdiction with respect to 
     such lands and subject to such terms and conditions as the 
     Secretary may prescribe.
       ``(f) Nothing in subsection (c) shall preempt the 
     application of Federal environment, natural, or cultural 
     resources protection laws according to their terms.''.

     SEC. 4. FERC VOLUNTARY LICENSING OF HYDROELECTRIC PROJECTS ON 
                   FRESH WATERS IN THE STATE OF HAWAII.

       Section 4(e) of the Federal Power Act is amended by 
     striking ``several States, or upon'' and inserting ``several 
     States (except fresh waters in the State of Hawaii, unless a 
     license would be required by section 23 of the Act), or 
     upon''.

     SEC. 5. EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE 
                   FOR 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--
       (1) shall not be required to pay any such charge with 
     respect to the 5-year period following the date of 
     acceptance; and
       (2) 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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