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109TH CONGRESS 

1ST SESSION H. R. 2938 

To provide for local control for the siting of windmills. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2005 

Mr. DUNCAN (for himself and Mr. GORDON) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on Resources and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for local control for the siting of windmills. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Environmentally Re5 sponsible Windpower Act of 2005’’. 

6 SEC. 2. LOCAL CONTROL FOR SITING OF WINDMILLS. 

7 (a) LOCAL NOTIFICATION.—Prior to the Federal En8 ergy Regulatory Commission issuing to any wind turbine 

9 project its Exempt-Wholesale Generator Status, Market10 Based Rate Authority, or Qualified Facility rate schedule, 
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1 the wind project shall complete its Local Notification 

2 Process. 

3 (b) LOCAL NOTIFICATION PROCESS.—(1) In this sec4 tion, the term ‘‘Local Authorities’’ means the governing 

5 body, and the senior executive of the body, at the lowest 

6 level of government that possesses authority under State 

7 law to carry out this Act. 

8 (2) An applicant shall notify in writing the Local Au9 thorities on the day of the filing of such Market-Based 

10 Rate application or Federal Energy Regulatory Commis11 sion Form number 556 (or a successor form) at the Fed12 eral Energy Regulatory Commission. Evidence of such no13 tification shall be submitted to the Federal Energy Regu14 latory Commission. 

15 (3) The Federal Energy Regulatory Commission shall 

16 notify in writing the Local Authorities within 10 days of 

17 the filing of such Market-Based Rate application or Fed18 eral Energy Regulatory Commission Form number 556 

19 (or a successor form) at the Federal Energy Regulatory 

20 Commission. 

21 (4) The Federal Energy Regulatory Commission shall 

22 not issue to the project Market-Based Rate Authority, Ex23 empt Wholesaler Generator Status, or Qualified Facility 

24 rate schedule, until 180 days after the date on which the 
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1 Federal Energy Regulatory Commission notifies the Local 

2 Authorities under paragraph (3). 

3 (c) HIGHLY SCENIC AREA AND FEDERAL LAND.— 

4 (1) A Highly Scenic Area is— 

5 (A) any area listed as an official United Na6 tions Educational, Scientific, and Cultural Organiza7 tion World Heritage Site, as supported by the De8 partment of the Interior, the National Park Service, 

9 and the International Council on Monuments and 

10 Sites; 

11 (B) land designated as a National Park; 

12 (C) a National Lakeshore; 

13 (D) a National Seashore; 

14 (E) a National Wildlife Refuge that is adjacent 

15 to an ocean; or 

16 (F) a National Military Park. 

17 (2) A Qualified Wind Project is any wind-turbine 

18 project located— 

19 (A)(i) in a Highly Scenic Area; or 

20 (ii) within 20 miles of the boundaries of an area 

21 described in subparagraph (A), (B), (C), (D), or (F) 

22 of paragraph (1); or 

23 (B) within 20 miles off the coast of a National 

24 Wildlife Refuge that is adjacent to an ocean. 
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1 (3) Prior to the Federal Energy Regulatory Commis2 sion issuing to a Qualified Wind Project its Exempt3 Wholesale Generator Status, Market-Based Rate Author4 ity, or Qualified Facility rate schedule, an environmental 

5 impact statement shall be conducted and completed by the 

6 lead agency in accordance with the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). If 

8 no lead agency is designated, the lead agency shall be the 

9 Department of the Interior. 

10 (4) The environmental impact statement determina11 tion shall be issued within 12 months of the date of appli12 cation. 

13 (5) Such environmental impact statement review 

14 shall include a cumulative impacts analysis addressing vis15 ual impacts and avian mortality analysis of a Qualified 

16 Wind Project. 

17 (6) A Qualified Wind Project shall not be eligible for 

18 any Federal tax subsidy. 

19 (d) EFFECTIVE DATE.—(1) This section shall expire 

20 10 years after the date of enactment of this Act. 

21 (2) Nothing in this section shall prevent or discour22 age environmental review of any wind projects or any 

23 Qualified Wind Project on a State or local level. 

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