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[DOCID: f:h3753ih.txt]






107th CONGRESS
  2d Session
                                H. R. 3753

  To reinstate and transfer a hydroelectric license under the Federal 
   Power Act to permit the redevelopment of a hydroelectric project 
       located in the State of New York, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2002

 Mr. Sweeney introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To reinstate and transfer a hydroelectric license under the Federal 
   Power Act to permit the redevelopment of a hydroelectric project 
       located 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. FINDINGS.

    The Congress finds that actions by the Federal Energy Regulatory 
Commission (``FERC'') leading to the acceptance and approval of the 
surrender of a hydroelectric license for Project No. 2696, including, 
but not limited to, the FERC's failure to ensure, during the effective 
period of the issued hydroelectric license, that the project's 
facilities were adequately maintained, rendered the project unfit for 
operation and thereby wasting the hydraulic potential of waters of the 
United States.

SEC. 2. REINSTATEMENT AND TRANSFER.

    (a) Reinstatement and Transfer of Federal License for Project 
Numbered 2696.--Notwithstanding section 8 of the Federal Power Act (16 
U.S.C. 801) or any other provision thereof the FERC is directed to 
reinstate the license for Project No. 2696 and to transfer the license, 
without delay or the institution of any proceedings, to the town of 
Stuyvesant, New York, holder of Federal Energy Regulatory Commission 
Preliminary Permit No. 11787, within 30 days of enactment of this Act.
    (b) Extension of License Upon Project's Return to Operation.--The 
Federal Energy Regulatory Commission is directed to extend the 
expiration of the term of the license for Project No. 2696 to August 
31, 2025, if the project's generating capability to a minimum level of 
1 MW on a reliable basis within 2 years of enactment of this Act.
    (c) Hydroelectric Incentives.--Project No. 2696 shall be entitled 
to the full benefit of any legislation passed by Congress that promotes 
hydroelectric development within 2 years either before or after this 
Act's effective date.
    (d) Project Financing and Development.--The Federal Energy 
Regulatory Commission shall permit the town to add as a co-licensee any 
private or public entity or entities to the reinstated license at any 
time, not withstanding the issuance of a preliminary permit to the town 
of Stuyvesant and any consideration of municipal preference. The town 
shall be entitled, to the extent that funds are available or shall be 
made available, to receive loans under section 402 and 403 of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2702 and 
2703), or similar programs, for the reimbursement of feasibility 
studies, or development costs, or both, incurred since January 1, 2001 
through and including December 31, 2006.
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