[Congressional Record Volume 143, Number 76 (Thursday, June 5, 1997)]
[Senate]
[Page S5362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 846. A bill to amend the Federal Power Act to remove the 
jurisdiction of the Federal Energy Regulatory Commission to license 
projects on fresh waters in the State of Hawaii; to the Committee on 
Energy and Natural Resources.


              the federal power act amendment act of 1997

  Mr. AKAKA. Madam President, the State of Hawaii, its delegation in 
Congress, and conservation organizations throughout the State are 
deeply concerned about Federal efforts to regulate hydroelectric 
projects on State waters. Across the United States, the question of who 
should have authority for hydropower regulation--the State or the 
Federal Government--is very contentious. But in the case of the fresh 
water streams of Hawaii, the answer is clear. The State of Hawaii, not 
the Federal Energy Regulatory Commission, should have the authority for 
hydropower regulation in Hawaii, if the Commission finds it has no 
mandatory jurisdiction under the Federal Power Act.
  Those who care for Hawaii's rivers and streams recognize that 
unnecessary Federal intervention may have serious repercussions for our 
fresh water resources and the ecosystems that depend upon them.
  The State of Hawaii has demonstrated its commitment to protect stream 
resources by instituting a new water code, adopting instream flow 
standards, launching a comprehensive Hawaii stream assessment, and 
organizing a steam protection and management task force.
  The Federal interest in protecting the vast interconnected river 
system of North America is misplaced in our isolated mid-Pacific 
locale. The issues of interstate commerce, protecting military ports, 
or long interstate rivers are not applicable.
  Therefore, I am introducing legislation to terminate FERC's voluntary 
jurisdiction over hydropower projects on the fresh waters of the State 
of Hawaii. This legislation is nearly identical to one passed by the 
Senate during the 103d Congress. In 104th Congress, the Senate Energy 
and Natural Resources Committee again approved the bill. I will 
continue to fight for the passage of this legislation in the 105th 
Congress.
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