```

[Journal of the House of Representatives, 1995]
[Thursday, May 11, 1995 (64), Para 64.27 Recorded Vote]
[Page 692]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.64.27  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following substitute amendment submitted by Mr. 
LAUGHLIN for the amendment submitted by Mr. EMERSON:
  Amendment submitted by Mr. LAUGHLIN:

       Page 213, after line 5, insert the following:

     SEC. 507. DISPUTE RESOLUTION.

       (a) In General.--Section 401 of the Federal Water Pollution 
     Control Act does not apply with respect to the licensing of a 
     hydroelectric project under Part I of the Federal Power Act 
     if the relevant federal agency makes the determination 
     referred to in subsection (b) in accordance with the 
     mechanism described in subsection (c).
       (b) Determination.--The determination referred to in 
     subsection (a) is a specific determination that a denial, 
     condition, or requirement of a certification under section 
     401 of the Federal Water Pollution Control Act for such a 
     project is inconsistent with the purposes and requirements of 
     Part I of the Federal Power Act.
       (c) Mechanism.--The dispute resolution mechanism for 
     purposes of subsection (a) shall be a mechanism established 
     by the relevant federal agency in consultation with the 
     Administrator and the States, for resolving any conflicts or 
     unreasonable consequences resulting from actions taken under 
     section 401 by a State, an interstate water pollution control 
     agency or the Administrator relating to the issuance of a 
     license (or to activities under such license) for a 
     hydroelectric project under Part I of the Federal Power Act. 
     Such mechanism shall include, at a minimum, a process 
     whereby: (1) the relevant federal agency, in coordination 
     with the State, the interstate agency or the Administrator 
     (as the case may be) may determine whether any denial, 
     condition or requirement under section 401 of the Federal 
     Water Pollution Control Act relating to the issuance of such 
     license or to activities under such license is inconsistent 
     with the purposes and requirements of Part I of the Federal 
     Power Act; (2) such denial, condition, or requirement shall 
     be presumed to be consistent with the purposes and 
     requirements of Part I of the Federal Power Act if based on 
     temperature, turbidity or other objective water quality 
     criteria regulating discharges of pollutants; and (3) any 
     denial, condition, or requirement not based on such criteria 
     shall be presumed to be consistent with the purposes and 
     requirements of Part I of the Federal Power Act unless the 
     relevant federal agency, after attempting to resolve any 
     inconsistency, makes a specific determination under 
     subsection (b) and publishes such determination together with 
     the basis for such determination in the license or other 
     appropriate order.

  Amendment submitted by Mr. EMERSON:

       Insert the following new section into H.R. 961:

     SEC.   . FEDERAL POWER ACT PART I PROJECTS.

       Section 511(a) of the Federal Water Pollution Control Act 
     (33 U.S.C. Sec. 1371) is amended by adding after ``subject to 
     section 10 of the Act of March 3, 1899,'' the following, and 
     by renumbering the remaining paragraph accordingly:
       ``(3) applying to hydropower projects within the 
     jurisdiction of the Federal Energy Regulatory Commission or 
     its successors under the authority of Part I of the Federal 
     Power Act (16 U.S.C. Sec. Sec. 791 et seq.);''.

It was decided in the

Yeas

309

affirmative

Nays

100
```