104TH CONGRESS

2D SESSION S. 737

AN ACT

To extend the deadlines applicable to certain hydroelectric

projects, and for other purposes.

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 ‘‘Federal Power Act

5 Amendments of 1996’’.
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1 SEC. 2. LIMITED EXEMPTION TO HYDROELECTRIC LICENS2 ING PROVISIONS FOR TRANSMISSION FACILI3 TIES ASSOCIATED WITH THE EL VADO HY4 DROELECTRIC PROJECT.

5 (a) EXEMPTION.—Part I of the Federal Power Act,

6 and the jurisdiction of the Federal Energy Regulatory

7 Commission under such part I, shall not apply to the

8 transmission line facilities associated with the El Vado

9 Hydroelectric Project (FERC Project No. 5226–002)

10 which are described in subsection (b).

11 (b) FACILITIES COVERED BY EXEMPTION.—The fa12 cilities to which the exemption under subsection (a) ap13 plies are those transmission facilities located near the Rio

14 Chama, a tributary of the Rio Grande, in Rio Arriba

15 County, New Mexico, referred to as the El Vado trans16 mission line, a three phase 12-mile long 69 kV power line

17 installed within a 50-foot wide right-of-way in Rio Arriba

18 County, New Mexico, originating at the El Vado Project’s

19 switchyard and connecting to the Spills 69 kV Switching

20 Station operated by the Northern Arriba Electric Coopera21 tive, Inc.

22 SEC. 3. ALASKA STATE JURISDICTION OVER SMALL HYDRO23 ELECTRIC PROJECTS.

24 The Federal Power Act, as amended, (16 U.S.C.

25 1791a et seq.) is further amended by adding the following

26 at the end of section 23:
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1 ‘‘(c) In the case of any project works in the State

2 of Alaska—

3 ‘‘(1) that are not part of a project licensed

4 under this Act prior to the date of enactment of this

5 subsection;

6 ‘‘(2) for which a license application has not

7 been accepted for filing by the Commission prior to

8 the date of enactment of this subsection (unless such

9 application is withdrawn at the election of the appli10 cant);

11 ‘‘(3) having a power production capacity of

12 5,000 kilowatts or less;

13 ‘‘(4) located entirely within the boundaries of

14 the State of Alaska; and

15 ‘‘(5) not located in whole or in part on any In16 dian reservation, unit of the National Park System,

17 component of the Wild and Scenic Rivers System or

18 segment of a river designated for study for potential

19 addition to such system,

20 the State of Alaska shall have the exclusive authority to

21 authorize such project works under State law, in lieu of

22 licensing by the Commission under the otherwise applica23 ble provisions of this part, effective upon the date on which

24 the Governor of the State of Alaska notifies the Secretary

25 of Energy that the State has in place a process for regu-
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1 lating such projects which gives appropriate consideration

2 to the improvement or development of the State’s water3 ways for the use or benefit of intrastate, interstate, or for4 eign commerce, for the improvement and use of water5 power development, for the adequate protection, mitiga6 tion of damage to, and enhancement of fish and wildlife

7 (including related spawning grounds), and for other bene8 ficial public uses, including irrigation, flood control, water

9 supply, recreational and other purposes, and Indian

10 rights, if applicable.

11 ‘‘(d) In the case of a project that would be subject

12 to authorization by the State under subsection (c) but for

13 the fact that the project has been licensed by the Commis14 sion prior to the enactment of subsection (c), the licensee

15 of such project may in its discretion elect to make the

16 project subject to the authorizing authority of the State.

17 ‘‘(e) With respect to projects located in whole or in

18 part on Federal lands, State authorizations for project

19 works pursuant to subsection (c) of this section shall be

20 subject to the approval of the Secretary having jurisdiction

21 with respect to such lands and subject to such terms and

22 conditions as the Secretary may prescribe.

23 ‘‘(f) Nothing in subsection (c) shall preempt the ap24 plication of Federal environment, natural, or cultural re25 sources protection laws according to their terms.’’.
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1 SEC. 4. FERC VOLUNTARY LICENSING OF HYDROELECTRIC

2 PROJECTS ON FRESH WATERS IN THE STATE

3 OF HAWAII.

4 Section 4(e) of the Federal Power Act is amended

5 by striking ‘‘several States, or upon’’ and inserting ‘‘sev6 eral States (except fresh waters in the State of Hawaii,

7 unless a license would be required by section 23 of the

8 Act), or upon’’.

9 SEC. 5. EXTENSION OF COMMENCEMENT OF CONSTRUC10 TION DEADLINE FOR CERTAIN HYDRO11 ELECTRIC PROJECTS LOCATED IN ILLINOIS.

12 (a) PROJECT NUMBER 3943.—

13 (1) Notwithstanding the time limitations of sec14 tion 13 of the Federal Power Act, the Federal En15 ergy Regulatory Commission, upon the request of

16 the licensee for project number 3943 (and after rea17 sonable notice), may extend the time required for

18 commencement of construction of such project for

19 not more than 3 consecutive 2-year periods, in ac20 cordance with paragraphs (2) and (3).

21 (2) An extension may be granted under para22 graph (1) only in accordance with—

23 (A) the good faith, due diligence, and pub24 lic interest requirements contained in section 13

25 of the Federal Power Act; and
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1 (B) the procedures of the Federal Energy

2 Regulatory Commission under such section.

3 (3) This subsection shall take effect for project

4 number 3943 upon the expiration of the extension of

5 the period required for commencement of construc6 tion of such project issued by the Federal Energy

7 Regulatory Commission under section 13 of the Fed8 eral Power Act.

9 (b) PROJECT NUMBER 3944.—

10 (1) Notwithstanding the time limitations of sec11 tion 13 of the Federal Power Act, the Federal En12 ergy Regulatory Commission, upon the request of

13 the licensee for FERC project number 3944 (and

14 after reasonable notice), may extend the time re15 quired for commencement of construction of such

16 project for not more than 3 consecutive 2-year peri17 ods, in accordance with paragraphs (2) and (3).

18 (2) An extension may be granted under para19 graph (1) only in accordance with—

20 (A) the good faith, due diligence, and pub21 lic interest requirements contained in section 13

22 of the Federal Power Act; and

23 (B) the procedures of the Commission

24 under such section.
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1 (3) this subsection shall take effect for project

2 number 3944 upon the expiration of the extension of

3 the period required for commencement of construc4 tion of such project issued by the Commission under

5 section 13 of the Federal Power Act.

6 SEC. 6. REFURBISHMENT AND CONTINUED OPERATION OF

7 A HYDROELECTRIC FACILITY IN MONTANA.

8 Notwithstanding section 10(e)(1) of the Federal

9 Power Act or any other law requiring payment to the

10 United States of an annual or other charge for the use,

11 occupancy, and enjoyment of land by the holder of a li12 cense issued by the Federal Energy Regulatory Commis13 sion under part I of the Federal Power Act, a political

14 subdivision of the State of Montana that accepts the terms

15 and conditions of a license for Federal Energy Regulatory

16 Commission project number 1473 in Granite County and

17 Deer Lodge County, Montana—

18 (1) shall not be required to pay any such charge

19 with respect to the 5-year period following the date

20 of acceptance; and

21 (2) after that 5-year period and for so long as

22 the political subdivision holds the license, shall be re23 quired to pay such charges under section 10(e)(1) of

24 the Federal Power Act or any other law for the use,

25 occupancy, and enjoyment of the land covered by the
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1 license as the Federal Energy Regulatory Commis2 sion or any other Federal agency may assess, not to

3 exceed a total of $20,000 for any year.

Passed the Senate September 27, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 737

AN ACT

hydroelectric projects, and for other purposes.

To extend the deadlines applicable to certain