To provide for local control for the sitting of windmills.

SA 961. Mr. ALEXANDER (for himself, Mr. Warner, Ms. Landrieu, Mr.
McCain, Mr. Allen, Mr. Voinovich, Mr. Brownback, Mr. Burr, and Mr.
Bunning) proposed an amendment to the bill H.R. 6, to ensure jobs for
our future with secure, affordable, and reliable energy; as follows:

On page 697, between lines 6 and 7, insert the following:

SEC. 1270A. LOCAL CONTROL FOR SITING OF WINDMILS.

(a) Local Notification.--Prior to the Federal Energy
Regulatory Commission issuing to any wind turbine project its
Exempt-Wholesale Generator Status, Market-Based Rate
Authority, or Qualified Facility rate schedule, the wind
project shall complete its Local Notification Process.
(b) Local Notification Process.--
(1) In this section, the term ``Local Authorities'' means
the governing body, and the senior executive of the body, at
the lowest level of government that possesses authority under
State law to carry out this Act.
(2) Applicant shall notify in writing the Local Authorities
on the day of the filing of such Market-Based Rate
application or Federal Energy Regulatory Commission Form
number 556 (or a successor form) at the Federal Energy
Regulatory Commission. Evidence of such notification shall be
submitted to the Federal Energy Regulatory Commission.
(3) The Federal Energy Regulatory Commission shall notify
in writing the Local Authorities within 10 days of the filing
of such Market-Based Rate application or Federal Energy
Regulatory Commission Form number 556 (or a successor form)
at the Federal Energy Regulatory Commission.
(4) The Federal Energy Regulatory Commission shall not
issue to the project Market-Based Rate Authority, Exempt
Wholesaler Generator Status, or Qualified Facility rate
schedule, until 180 days after the date on which the Federal
Energy Regulatory Commission notifies the Local Authorities
under paragraph (3).
(c) Highly Scenic Area and Federal Land.--
(1)(A) A Highly Scenic Area is--
(i) any area listed as an official United Nations
Educational, Scientific, and Cultural Organization World
Heritage Site, as supported by the Department of the
Interior, the National Park Service, and the International
Council on Monuments and Sites;
(ii) land designated as a National Park;
(iii) a National Lakeshore;
(iv) a National Seashore;
(v) a National Wildlife Refuge that is adjacent to an
ocean;
(vi) a National Military Park;
(vii) the Flint Hills National Wildlife Reserve;
(viii) the Tallgrass Prairie National Preserve;
(ix) White Mountains National Forest; or
(x) the Flint Hills Tallgrass Prairie Preserve or the Konza
Prairie in the State of Kansas.
(B) The term ``Highly Scenic Area'' does not include--
(i) the Pueblo de Taos World Heritage Area;
(ii) any coastal wildlife refuge located in the State of
Louisiana; or
(iii) any area in the State of Alaska.
(2) A Qualified Wind Project is any wind-turbine project
located--
(A)(i) in a Highly Scenic Area; or
(ii) within 20 miles of the boundaries of an area described
in subparagraph (A), (B), (C), (D), or (F) of paragraph (1);
or
(B) within 20 miles off the coast of a National Wildlife
Refuge that is adjacent to an ocean.
(3) Prior to the Federal Energy Regulatory Commission
issuing to a Qualified Wind Project its Exempt-Wholesale
Generator Status, Market-Based Rate Authority, or Qualified
Facility rate schedule, an environmental impact statement
shall be conducted and completed by the lead agency in
accordance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.). If no lead agency is designated,
the lead agency shall be the Department of the Interior.
(4) The environmental impact statement determination shall
be issued within 12 months of the date of application.
(5) Such environmental impact statement review shall
include a cumulative impacts analysis addressing visual
impacts and avian mortality analysis of a Qualified Wind
Project.
(6) A Qualified Wind Project shall not be eligible for any
Federal tax subsidy.
(d) Effective Date.--
(1) This section shall expire 10 years after the date of
enactment of this Act.
(2) Nothing in this section shall prevent or discourage
environmental review of any wind projects or any Qualified
Wind Project on a State or local level.
(e) Effect of Section.--Nothing in this section shall apply
to a project that, as of the date of enactment of this Act--
(1) is generating energy; or
(2) has been issued a permit by the Federal Energy
Regulatory Commission.
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