II 

110TH CONGRESS 

1ST SESSION S. 306 

To provide certain requirements for hydroelectric projects on the Mohawk 

River in the State of New York, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2007 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To provide certain requirements for hydroelectric projects 

on the Mohawk River in the State of New York, 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 ‘‘Mohawk River Hydro5 electric Projects Licensing Act of 2007’’. 

6 SEC. 2. LICENSING OF MOHAWK RIVER HYDROELECTRIC 

7 PROJECTS. 

8 (a) IN GENERAL.—If a hydroelectric project on the 

9 Mohawk River in the State of New York has been oper10 ating under annual licenses for 10 or more years, the FedVerDate Aug 31 2005 18:42 Jan 17, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S306.IS S306

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1 eral Energy Regulatory Commission (referred to in this 

2 Act as the ‘‘Commission’’), shall not issue a new license 

3 for the project until the Commission issues a public notice 

4 that the Commission will accept other valid license appli5 cations, including nonpower license applications under sec6 tion 15(f), to develop or dispose of the project works or 

7 water resources subject to the license. If other valid license 

8 applications are submitted in accordance with subsection 

9 (b) or if the Commission has issued a new license that 

10 is not yet final, the Commission shall not issue or accept 

11 a new license for the project until the Commission ap12 proves a project in accordance with subsection (c). 

13 (b) APPLICATION REQUIREMENTS.—To be valid, a li14 cense application submitted under subsection (a) shall 

15 be— 

16 (1) in an appropriate form, as determined by 

17 the Commission, in accordance with regulations of 

18 the Commission; and 

19 (2) submitted to the Commission not later than 

20 July 31, 2007. 

21 (c) PROCESSING; APPROVAL.—As soon as practicable 

22 after July 31, 2007, the Commission shall— 

23 (1) expeditiously process any pending valid li24 cense applications in accordance with subsections (a) 


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1 and (c) of section 15 of the Federal Power Act (16 

2 U.S.C. 808); and 

3 (2) approve a project supported by a valid li4 cense application and issue a license only if the 

5 Commission determines that the licensed project will 

6 best develop the affected water resources, consistent 

7 with section 10(a) of the Federal Power Act (16 

8 U.S.C. 803(a)). 

9 (d) LICENSE CONDITIONS.—Any new power license 

10 issued for a project described in subsection (a) shall in11 clude the same license conditions relating to the use of 

12 affected waters provided in articles 32 and 33 of the li13 cense included in Potomac Light & Power Company, 

14 Project No. 2343, 32 F.P.C. 584, 588 (1964). 

15 (e) APPLICABILITY.—This Act shall be applicable to 

16 any hydroelectric project as described in section 2(a) 

17 above, including a project for which a new license has been 

18 issued at the time of this Act but which has not yet be19 come final under law, or for which there are pending judi20 cial appeals, or for which the time has not yet lapsed for 

21 filing such appeals, or for which there is a pending appeal 

22 of the Clean Water Act section 401 Water Quality Certifi23 cate. For all such projects, the Commission shall take all 

24 necessary action to provide an opportunity for the filing 

25 and consideration by the Commission of all valid license 


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1 applications by any entity, including the current licensee, 

2 to update the record and application, consistent with this 

3 section, so that the fullest use of the waters of the Mohawk 

4 will result, consistent with the standards of sections 4(e), 

5 10(a)(1), and 15(a) of the Federal Power Act. 

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