I 
110TH CONGRESS 
1ST SESSION 
H. R. 490 
To provide certain requirements for hydroelectric projects on the Mohawk 
River in the State of New York, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 16, 2007 
Mr. MCNULTY introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To provide certain requirements for hydroelectric projects 
on the Mohawk River in the State of New York, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mohawk River Hydro-
electric Projects Licensing Act of 2007’’. 
SEC. 2. LICENSING OF MOHAWK RIVER HYDROELECTRIC 
PROJECTS. 
(a) IN GENERAL.—If a hydroelectric project on the 
Mohawk River in the State of New York has been oper-
ating under annual licenses for 10 or more years, the Fed-
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eral Energy Regulatory Commission (referred to in this 
Act as the ‘‘Commission’’), shall not issue a new license 
for the project until the Commission issues a public notice 
that the Commission will accept other valid license appli-
cations, including nonpower license applications under sec-
tion 15(f), to develop or dispose of the project works or 
water resources subject to the license. If other valid license 
applications are submitted in accordance with subsection 
(b) or if the Commission has issued a new license that 
is not yet final, the Commission shall not issue or accept 
a new license for the project until the Commission ap-
proves a project in accordance with subsection (c). 
(b) APPLICATION REQUIREMENTS.—To be valid, a li-
cense application submitted under subsection (a) shall 
be— 
(1) in an appropriate form, as determined by 
the Commission, in accordance with regulations of 
the Commission; and 
(2) submitted to the Commission not later than 
July 31, 2007. 
(c) PROCESSING; APPROVAL.—As soon as practicable 
after July 31, 2007, the Commission shall— 
(1) expeditiously process any pending valid li-
cense applications in accordance with subsections (a) 
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and (c) of section 15 of the Federal Power Act (16 
U.S.C. 808); and 
(2) approve a project supported by a valid li-
cense application and issue a license only if the 
Commission determines that the licensed project will 
best develop the affected water resources, consistent 
with section 10(a) of the Federal Power Act (16 
U.S.C. 803(a)). 
(d) LICENSE CONDITIONS.—Any new power license 
issued for a project described in subsection (a) shall in-
clude the same license conditions relating to the use of 
affected waters provided in articles 32 and 33 of the li-
cense included in Potomac Light & Power Company, 
Project No. 2343, 32 F.P.C. 584, 588 (1964). 
(e) APPLICABILITY.—This Act shall be applicable to 
any hydroelectric project as described in section 2(a) 
above, including a project for which a new license has been 
issued at the time of this Act but which has not yet be-
come final under law, or for which there are pending judi-
cial appeals, or for which the time has not yet lapsed for 
filing such appeals, or for which there is a pending appeal 
of the Clean Water Act section 401 Water Quality Certifi-
cate. For all such projects, the Commission shall take all 
necessary action to provide an opportunity for the filing 
and consideration by the Commission of all valid license 
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applications by any entity, including the current licensee, 
to update the record and application, consistent with this 
section, so that the fullest use of the waters of the Mohawk 
will result, consistent with the standards of sections 4(e), 
10(a)(1), and 15(a) of the Federal Power Act. 
Æ 
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