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United States · Bill · S

S. 439 (105th)

A bill to provide for Alaska State jurisdiction over small hydroelectric projects, to address voluntary licensing of hydroelectric projects on fresh waters in the State of Hawaii, to provide an exemption for portion of a hydroelectric project located in the State of New Mexico, and for other purposes.

referredUnited States· United States Congress· EN

Introduced

13 March 1997

Last action

—

Status

Referred to the Subcommittee on Energy and Power.

Sponsors

—

Subjects

Discovery layer

Source updated

24 March 2026

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Summary

Amends the Federal Power Act to prescribe circumstances under which certain hydroelectric projects in Alaska having a power production capacity of 5,000 kilowatts or less shall be subject to the exclusive licensing authority of the State in lieu of the Federal Energy Regulatory Commission (FERC). Grants the licensee of a currently FERC-licensed project the discretion to subject such project to the State's authorizing authority. Subjects any State authorization for a project located on Federal lands to the approval of the Secretary with jurisdiction over such lands, and to such terms and conditions as that Secretary may prescribe. Declares that nothing shall preempt the application of Federal environment, natural, or cultural resources protection laws according to their terms. Excludes from FERC voluntary licensing jurisdiction any hydroelectric projects upon fresh waters in Hawaii, unless a license would be required because: (1) the waters are navigable; or (2) the projects affect interstate commerce, are located on Federal lands, or use water from a government dam. Exempts from FERC licensing requirements certain transmission line facilities associated with the El Vado Hydroelectric Project in New Mexico. Extends from two years to ten years from date of license issuance the deadline for commencement of construction of hydroelectric projects.

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Documents

11 official files

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