Mohawk River Hydroelectric Projects Licensing Act of 2007 - Prohibits the Federal Energy Regulatory Commission (FERC) from issuing a new license for a hydroelectric project on the Mohawk River in New York if the project has been operating under annual licenses for 10 or more years, unless FERC: (1) issues a public notice that it will accept other valid license applications to develop or dispose of the project works or water resource (including certain nonpower license applications); and (2) approves a license application, according to the requirements of this Act, if other valid license applications are submitted, or if FERC has issued a new license that is not yet final.
Sets forth processing and approval procedures.
Requires any new power license issued for such project to include the same license conditions relating to the use of affected waters as provided in the license for a specified Potomac Light & Power Company Project.
Declares this Act applicable to specified hydroelectric projects for which: (1) a new license has been issued at the time of this Act but which has not yet become final under law; (2) there are pending judicial appeals; (3) the time has not yet lapsed for filing such appeals; or (4) there is a pending appeal of the Clean Water Act section 401 Water Quality Certificate.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 490 Introduced in House (IH)]
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mohawk River Hydroelectric 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 operating under annual licenses for 10
or more years, the Federal 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 applications, including nonpower
license applications under section 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 approves a project in accordance with subsection
(c).
(b) Application Requirements.--To be valid, a license 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 license
applications in accordance with subsections (a) and (c) of
section 15 of the Federal Power Act (16 U.S.C. 808); and
(2) approve a project supported by a valid license
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 include the same license conditions
relating to the use of affected waters provided in articles 32 and 33
of the license 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 become final under law, or for which there are
pending judicial 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 Certificate. 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 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Air Quality.
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