I 
111TH CONGRESS 
1ST SESSION H. R. 2133 
To amend the Act of August 21, 1957, to allocate funds from certain electric 
power sales from the Niagara Power Project in New York to capital 
needs of Western New York, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2009 
Mr. HIGGINS (for himself, Mr. LEE of New York, Mr. MASSA, Mrs. MALONEY, 
and Mr. ISRAEL) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Act of August 21, 1957, to allocate funds 
from certain electric power sales from the Niagara Power 
Project in New York to capital needs of Western 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. NIAGARA POWER PROJECT. 
(a) WESTERN NEW YORK REGIONAL DEVELOPMENT 
CORPORATION.—The Act of August 21, 1957, authorizing 
the construction of the Niagara Power Project (16 U.S.C. 
836 and following) is amended by adding the following 
new sections at the end thereof: 
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‘‘SEC. 3 REGIONAL DEVELOPMENT CORPORATION. 
‘‘(a) 
ESTABLISHMENT
OF
CORPORATION
AP-
PROVED.—Niagara County, Erie County, and Chautauqua 
County, New York, are authorized to establish a Regional 
Development Corporation to operate in accordance with 
this section and in accordance with such other rules and 
regulations as may be established, consistent with this sec-
tion, by agreement of such counties. Any such agreement 
shall be submitted to the Federal Energy Regulatory Com-
mission. The Commission is authorized to approve such 
agreement unless the Commission find the agreement in-
consistent with this section or other applicable provisions 
of law. 
‘‘(b) GOVERNANCE.—The Regional Development 
Corporation shall be governed by a Board of Directors, 
to be comprised of 7 members, appointed as follows: 
‘‘(1) One individual appointed by the Chair-
person of the County Legislature in Niagara County, 
New York. 
‘‘(2) One individual appointed by the County 
Executive of Erie County, New York. 
‘‘(3) One individual appointed by the County 
Executive of Chautauqua County, New York. 
‘‘(4) One individual appointed by the Mayor of 
Buffalo, New York. 
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‘‘(5) One individual appointed by the Mayor of 
Niagara Falls, New York. 
‘‘(6) One individual appointed by the Buffalo 
Niagara Partnership or its successor agency. 
‘‘(7) One individual appointed by the Governor 
of the State of New York. 
‘‘(c) STAFF AND SUPPORT.—The Board of Directors 
shall appoint such staff and provide such support for the 
Corporation as the Board deems necessary. 
‘‘(d) MEETINGS, BOOKS, AND RECORDS.—The meet-
ings of the Board shall be open to the public, and all books 
and records of the Corporation shall be available to the 
public during normal business hours. The Board shall 
make public as promptly as possible the minutes of all 
meetings held by the Board. The Comptroller General of 
the United States shall annually review all operations of 
the Corporation and submit a report to the Congress re-
garding all financial and other operations of the Corpora-
tion. 
‘‘(e) ELIGIBLE EXPENDITURES.—Funds made avail-
able to the Corporation under this section may be used 
only for construction, engineering, architecture, and re-
lated projects for the development of the waterfront in Ni-
agara County, Chautauqua County, and Erie County, New 
York, the Erie Canal Harbor Development Corporation, 
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the Olmsted Park system, regional cultural institutions in 
Niagara County, Chautauqua County, and Erie County, 
New York, downtown Niagara Falls redevelopment initia-
tives, and the Buffalo Niagara Medical campus. 
‘‘(f) ALLOCATION OF FUNDS.—Funds made available 
under this section shall be allocated among Erie, Chau-
tauqua, and Niagara County projects in proportion to the 
existing ratio for the allocation of replacement and expan-
sion power between facilities in the three counties. 
‘‘(g) FUNDING.—All proceeds from the sale of electric 
power generated by the Niagara Power Project and allo-
cated to the replacement power program and the expan-
sion power program, but not used by the designated recipi-
ents, shall be transferred by the New York Power Author-
ity to the Regional Development Corporation established 
under this section.’’. 
Æ 
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